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Ultimately what you have paid is kinda beside the point. You don't have a contract with ZOE or Jolly for the DVD, they don't have any legal obligations to get you one.
They haven't seen any of your $250 either.
My suggestion if you'd like this back is to file suit in whatever small claims court it is near ken. I would happily chip in to be listed as co plaintiff to get my finds back. Ken can't keep your money, he can no longer deliver the product you paid for.
Let me add to my previous post to clarify. I do appreciate and feel sorry for all that Jolly has been through because of Ken's fraudulent actions. I appreciate that ZOE is offering the episodes even though it isn't their responsibility. That's very kind. I don't mind chipping in to help compensate their hard work that must be involved. But I normally wouldn't pay so much for postage that isn't coming from overseas. Can anyone explain the flat rate $20 cost to me? Is this about shipping materials, handling, and postage? I can understand it if there was some explanation. Like most of us, I'm just fed up and disgusted with this whole thing and what Ken has done and continues to do. If I knew where he lived I'd be knocking on his door. I'm truly surprised he hasn't had to answer for any of these kickstarter frauds yet through legal action! I periodically check Not One More Dime to see what/who he's conning now. My frustration comes from simply being a fan of the comic and that I hate being conned; I can only image how some others must feel who were more emotionally invested in this. $250 is $250. That's a car payment, a few month's power bills, groceries for a couple of months, a payment on the four hospitalizations I had last year or the MRI I had last month. This isn't funny and Ken's con has hurt real people. It's not a joke. It's not about pocket money. He screwed up and should make it right. Because it's never, ever, going to go away, Ken, until you do. Never. Until you fix this, it will haunt everything you do from now on. Fix it. Just because Zoe stepped in you aren't off the hook. Not in my opinion.
I'm in receipt of several emails about the "rescued" video files as "print on demand" for $3.99. Great. I already paid $250 to back this project and got nothing out of it thus far. What I don't understand is why, when I fill out the form included in the email, am I being charged $20 for shipping for a disk I'm paying $3.99 for? I live in Utah, not outer Mongolia. Anyone here participating in this "rescue" and know why postage is so damned high? This is still all Ken's fault. He really should be in jail for fraud. That would make me happy, considering how he's treated so many people. Are we past the statute of limitations yet for legal action? Someone please bring me up to speed on the latest on Ken and his ongoing fraud show!
Is Ken in prison yet?
Would filing out both complaint forms (I did the FTC one already) be duplicated work? The ins and outs of this sort of thing are not my skill set.
Just a little heads-up:
What ZOE does have is what Jolly and company plus ZOE were able to get prior to Whitman cutting everyone off.
According to a posting by ZOE, what they have, which is the best anyone can do with Whitman refusing to turn over ALL of the raw footage is:
Quote from posting by Ben from ZOE:
"Hi, this is Ben from ZOE with a few facts regarding the KODT situation.
Several years ago Ken mailed me a hard drive that included a) all of the raw footage from Episode 1, b) some raw footage from episode 2, and c) ZERO raw footage from episode 3, along with a Final Cut X file of his work on the edit. The plan was to complete post-production for him and return the completed project for distribution to backers.
Despite repeated requests over several years, Ken did not provide the remaining footage. His reasons (on the record) have changed several times."
So basically, while ZOE has raw footage of episode 1, some raw footage of episode 2 and NO raw footage of episode 3.
There is mention of files from a dropbox download, but that is supposed to be only 480 resolution. I expect the lower resolution was being used to make the files smaller for the upload/download from dropbox.
As a note, 480 resolution is below HD resolution, and definitely NOT the DVD Blu-Ray level of resolution promised for backers at the $50 and above level but at the moment this is the best anyone, except Whitman, can do.
There is an open offer for someone to being a drive to the Whitman's computer, where the files are stored, and make a copy, but Whitman refuses to allow that unless Jolly and company agree to additional terms that were not part of the original agreement.
Whitman claimed in other posts online that "he turned over the footage over 2 years ago", but I replied that Whitman never mentioned any such thing when I emailed him a copy of my demand letter in April 2016 or any of the emails over the months since then.
It has been confirmed, Whitman is holding the raw footage hostage unless additional terms are agreed to.
Whitman is refusing to release all of the raw footage unless Jolly and company agree to additional terms; this is in spite of the fact that Whitman is obligated under the original contract for use of the IP to turn over all of the raw footage at the end of the project.
Since Whitman never completes any contract, there is no point in even thinking about complying what can only be properly called extortion by Whitman.
One of Whitman's email addresses no longer accepts email because it is full. And the other email address, Whitman no longer responds to. I was able to get some communication by sending a text message to him, but in typical Whitman manner, Whitman refuses to do anything and curses at anyone that contacts him asking what is going on or why he is not turning over the raw footage as he is required to under the contact.
Whitman claims that he turned over the raw footage over 2 years ago to ZOE, but then in text messages with me claims that Zoe does NOT have footage when he texted, "How is Zoe editing footage?" and "I am work8ng on DVDd". (I assume work8ng should be working.)
I don't think CMK is holding anything "hostage," he doesn't have it. Whether he never had it, lost it, or willfully disposed of it out of spite only CMK knows
Apparently, it looks like Whitman is holding the raw footage hostage in exchange for something else he wants from Jolly. I suspect that Whitman wants an IP license beyond the limited one he was already given to do the project OR Whitman's postings that he needs a new contract to finish the project is all a lie to make it seem like Jolly is somehow the problem.
As an example, Whitman claims at times that Jolly has copies of everything, but upon looking, that appears to just be some low resolution footage shared through dropbox or something and NOT the raw footage.
Whitman is apparently holding the raw footage hostage, in violation of the terms of the project.
Whitman was obligated under the terms of the original contract and project to turn over the raw footage; something which he has not done.
Eric - see Tenkar's tavern for the latest news from and about CMK
Everyone - that FTC thing, is there any point in a non-US citizen filling it in?
I am surprised we have not gotten an update from ken either accusing zoe of wrongdoing or taking credit for their actions. I wonder where ken is scamming these days.
Now that Ken's rights have expired (the end of last year) and he can't deliver rewards, now might be a good time to lodge a complaint with the FCC. https://www.ftccomplaintassistant.gov/GettingStarted…
For what it is worth, I do appreciate it when ZOE, Jolly, et al pick up the pieces of a mess that isn't their fault and try to make things whole. It is regrettable that KOTD's good name got associated with this mess.
Jolly, ZOE, thanks a lot for showing us that you care.
Thanks very much ZOE.
Can I ask, if Ken never turned over the footage, where does this come from?
Thank you ZOE and Jolly.
What a surprise! but what's about the KodTT book of covers? any chance to get it?
I didn't think I would ever hear from this campaign again, let alone hear any good news. But hey, whaddya know.
Thanks for your work, ZOE and Jolly!
Downloads should be available now in your BackerKit accounts. Follow the links to Vimeo and you can stream/download from that page.
I filled in the survey but see no way of downloading the series. I guess that is coming in the future?
Well done to Zoe and Jolly and everyone involved. Thank you
Well now I'd completely written this off as officially dead, and buried, then the nice folks at ZOE went and did this. So yes, I kicked in for the DVD, and a little more to help with costs.
A lot of folks are asking how they can contribute to ZOE's costs for making this happen. My understanding is there's a way to contribute as part of the backer survey. You can also contribute directly at https://www.patreon.com/zombieorpheus
Just filled out the survey, ordered a DVD, and threw in extra to offset. Unrealistically disappointed that there wasn't a Blu-Ray offered, but what there is is more than I figured I'd ever be getting.
Jolly, any chance of a downloadable DVD Insert to print out? :-)
Thanks to all actually involved!
No problem, William. Just to make it clear, Ben's been doing all the heavy lifting here. Guy's amazing.
Thanks for the efforts, Jolly. And thanks to ZOE for stepping in. I was already a fan of the Gamer and Journeyquest series, and I am even more of a ZOE fan now.
Steven – Send a message to email@example.com. We can adjust the credit in BackerKit so that the correct price is charged. Thanks!
Eric, unfortunately, Ken never turned over the raw footage as promised (and as his contract stated he must do). This includes the daily footage, the blooper reels, on set daily diary (a different actor was given a hand held cam each day to film activity on the set). I fear all that footage was lost at some point - but we'll never be sure. The episodes Ben worked on there is quite literally the best cut we can hope for. I've watched them and the color and sound is greatly improved over what was shown at GenCon a few years ago.
Let me be more specific. I pledged $25 over my pledge level for one of the T-shirts so BackerKit right now claims I have $25 credit. I should have $0 because that money essentially evaporated. If I add on a print-on-demand DVD, the price for that add-on will come out of that credit so BackerKit won't charge me anything. I _should be_ charged the price of the DVD and since it's going to you guys I want to pay that. I also want to chip in a couple bucks for the fulfillment costs.
Should I contact BackerKit support and get them to nuke that add-on credit so when I get to the confirmation screen it charges me the price for the POD DVD? Or is there some place I can dump that defunct credit so I get charged the full DVD price and get to contribute for fulfillment?
Or now that I think about it, are you guys going to send out PayPal invoices later on based on what we actually added-on?
Just want to thank Ben Dobyns and ZOE here for making this possible. To be clear, Mr. Whitman is still responsible for the various fulfillments of this KS. By all appearances he abandoned this project many months ago but we wanted backers to at least see what they paid for.
Steve – Any credit for add-ons simply does not apply here. We can manually eliminate it so that any orders made now are charged correctly (and at cost).
If we had pledged for add-ons above and beyond our pledge levels (as I did), how should we handle this in Backerkit to make sure ZOE gets paid for the print-on-demand DVD we add on and any fulfillment costs contribution we want to make? If we just added those on, they would come out of the credit remaining (which is no longer available, shall we say.)
Normally I'd say burn the defunct credit via a tip jar (that you guys could ignore) but there isn't one, and I don't want to burn it via the fulfillment costs contribution because that would throw off your numbers. If it's still possible to modify the add-ons (I'm not sure it is now that the surveys have gone out) maybe add a "Hubcap of Shame Jar" or "Table Flip Jar" where we can dump the defunct credit.
Also, TO BE CLEAR, we haven't received ANY money from this campaign and CANNOT honor existing credit. Fulfilling this campaign is Ken's responsibility.
This is all three episodes, reconstructed as best we could, color graded, upres to 1080p, and audio balanced. As best we could with what was available.
Thank you Jolly and ZOE ... I look forward to getting my DvD and threw in some extra to help offset the BackerKit setup!
is this the same footage we downloaded way back at the beginning or has their been editing? is there more footage than we saw in the sneak peaks at the beginning?
All backers, please check your email (including spam folders) today and tomorrow for messages from BackerKit regarding KODT:LAS.
Thanks Jolly, you're the man.
just popping in to say that good news IS coming... Party involved has a few legals/details to check off. Just waiting for those to be addressed but it's still a go. Stay tuned.
"Don't come to the UK"
He'd need to run a couple more kickstarters to afford that cruise
Don't come to the UK Ken, or you will be served.
wow, I had no idea who this Conman Ken was; ha! no friggin wonder! https://www.youtube.com/watch…
Anyone have any news about what ConManKen is doing with my money?
Stephen there is a third party involved in this "good news" and they have some things to line up and square away before we can make the announcement. Again, I want to make it clear that Ken Whitman has zero to do with this development. In fact it's happening despite him. The guy has refused to give up the footage two years and it's clear he's done zero work on editing since GenCon 2016.
What's your definition of "few"?
"There is some good news for backers coming in the next few days. "
Are "tar" and/or "feathers" involved?
Indeed. There is some good news for backers coming in the next few days. None of which has anything to do with Ken making any effort to finish this project or communicate with KenzerCo or backers. Stay tuned.
@Shaun - I had forgotten about that too.
Jolly, you mentioned in Sept. there'd be news toward the end of the year. Any word on that? (Hopefully) A scene for scene reproduction with the same cast but a competent non-criminal director maybe (crossing fingers)? Slapping Whitman with a lawsuit for the footage (also crossing fingers)?
"Jolly Blackburn on September 9
I can't talk about our (KenzerCo's) plans btw. But stay tuned. There will be some news toward the end of the year."
Any news on these plans now that the year has ended?