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<title>Techdirt. Stories about &quot;kickstarter&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories about &quot;kickstarter&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 15 May 2013 15:56:00 PDT</pubDate>
<title>Some Data: Big Kickstarter Projects By Famous People Actually Help Other Projects</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130511/02114423045/some-data-big-kickstarter-projects-famous-people-actually-helps-other-projects.shtml</link>
<guid>http://www.techdirt.com/articles/20130511/02114423045/some-data-big-kickstarter-projects-famous-people-actually-helps-other-projects.shtml</guid>
<description><![CDATA[ Last week, in writing about the silly <a href="http://www.techdirt.com/blog/casestudies/articles/20130509/18162523030/there-is-no-logic-to-argument-that-zach-braff-shouldnt-use-kickstarter.shtml">backlash</a> to Zach Braff's successful Kickstarter project, we noted that he claimed he had the data that showed his success did not take away from other Kickstarter projects, but rather it appeared that Braff brought a lot of new people to Kickstarter, many of whom went on to fund other projects.  But still, the ridiculous arguments persisted that somehow famous people using Kickstarter take away money from upstarts.  It's as if these people don't understand what a non-zero sum game is.   They assume, incorrectly, that if one (famous) person is succeeding, it means one (non-famous) person is not.  Perhaps the worst example of this was a piece by Reginald Nelson at TheWrap which ridiculously <a href="https://www.thewrap.com/media/blog-post/don-t-hate-zach-braff-rage-against-kickstarters-perry-chen-88081" target="_blank">attacks Kickstarter's founders</a>, arguing that these moves harm "the creative class."
<br /><br />
To (hopefully) put an end to such ridiculousness, Kickstarter itself has <a href="http://www.kickstarter.com/blog/who-is-kickstarter-for" target="_blank">shared the analytics and data that Braff was talking about</a> concerning the impact of his project (as well as the Veronica Mars project, which is the other big one that some people have complained about):
<blockquote><i>

The Veronica Mars and Zach Braff projects have brought tens of thousands of new people to Kickstarter. 63% of those people had never backed a project before. Thousands of them have since gone on to back other projects, with more than $400,000 pledged to 2,200 projects so far. Nearly 40% of that has gone to other film projects.
<br /><br />
We&#8217;ve seen this happen before. Last year we wrote a post called <a href="http://www.kickstarter.com/blog/blockbuster-effects" target="_blank">Blockbuster Effects</a> that detailed the same phenomenon in the Games and Comics categories. Two big projects brought tons of new people to Kickstarter who went on to back more than 1,000 other projects in the following weeks, pledging more than $1 million. Projects bring new backers to other projects. That supports our mission too.
</i></blockquote>
I'd hope this puts to rest the ridiculous claims, but somehow, I doubt it will (and the comments on the Kickstarter blog post suggest people will still complain anyway).<br /><br /><a href="http://www.techdirt.com/articles/20130511/02114423045/some-data-big-kickstarter-projects-famous-people-actually-helps-other-projects.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130511/02114423045/some-data-big-kickstarter-projects-famous-people-actually-helps-other-projects.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130511/02114423045/some-data-big-kickstarter-projects-famous-people-actually-helps-other-projects.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>real-data-debunking-bogus-theories</slash:department>
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<pubDate>Fri, 10 May 2013 11:16:51 PDT</pubDate>
<title>There Is No Logic To The Argument That Zach Braff Shouldn't Use Kickstarter</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20130509/18162523030/there-is-no-logic-to-argument-that-zach-braff-shouldnt-use-kickstarter.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20130509/18162523030/there-is-no-logic-to-argument-that-zach-braff-shouldnt-use-kickstarter.shtml</guid>
<description><![CDATA[ Not this again.  Back in 2011, we first discussed why it was silly that some people got upset that someone rich and famous would <a href="http://www.techdirt.com/articles/20110605/23455014559/is-it-bad-when-rich-famous-use-things-like-kickstarter.shtml">use Kickstarter</a>, as if the platform was only allowed for unknown artists.  That was about Colin Hanks, the son of Tom Hanks, financing a documentary via the site.  Since that time, the argument has popped up a few more times, including when Amanda Palmer used the site, when Bjork tried to use the site and when the Veronica Mars movie was funded via the site.  Most recently, it's been aimed at quirky actor/filmmaker Zach Braff for his Kickstarter project, called <a href="http://www.kickstarter.com/projects/1869987317/wish-i-was-here-1" target="_blank"><i>Wish I Was Here</i></a>.  Braff set a goal of $2 million, which was raised very quickly.
<br /><br />
And that's when <i>some</i> people got angry.  Just as before.  But it's a small group of people.  There are at least 36,000 people (i.e., those who have funded the project so far) who did not get angry.  Why?  Because they <i>like</i> Braff and want to support him.  I'm curious if the people who are attacking Braff for using Kickstarter ever have watched one of his TV shows or seen a movie he was in.  Because, in that case, they'd be paying the same sort of thing... but most of that money would be going to a giant corporation, rather than to the actor himself.  So what are they complaining about?
<br /><br />
In a (slightly over-defensive) interview video, <a href="http://www.youtube.com/watch?v=j1LY3C0Rbr8" target="_blank">Braff points out that he's always been about connecting and engaging with his fans</a>, and this is just one more way to do that.  
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/j1LY3C0Rbr8" frameborder="0" allowfullscreen></iframe>
</center>
Frankly, he's more defensive in that video than he needs to be.  He's got nothing to be defensive about.  He notes, accurately, that he's long been known as someone who engages deeply via social media, especially Twitter and Reddit where Braff has been active for years.  He also talks about his own obsession with Kickstarter, and how great it was to get the various updates on projects he'd funded, and how he hoped his fans would enjoy getting updates about the movie making process.  And, yes, he's <a href="http://www.kickstarter.com/profile/1869987317" target="_blank">backed a bunch of projects</a> himself, including the <a href="http://www.kickstarter.com/projects/26788492/aaron-swartz-documentary-the-internets-own-boy-0" target="_blank">Aaron Swartz documentary</a>.
<br /><br />
For the life of me, I can't see a single logical argument for why people are upset about this, other than (a) they don't like Braff or (b) they're jealous of him.  Neither seems like a particularly compelling reason for why Braff, or any famous person, shouldn't use the platform.   The two most common arguments seem to be "he's rich and should fund it himself."  But that's stupid.  First off, he's probably not quite as rich as you think, and second he's made it clear over and over again that the budget is much higher than the amount he's raising and he's putting in an "ass-ton" (his quote) of his own money as well.  Also, if you think that, don't fund him.  No sweat off your back.  For his fans who like him and want to support him, so what?  The second argument is that this means he gets the money instead of some struggling filmmaker.  However, as he himself has pointed out, <a href="http://www.latimes.com/entertainment/movies/moviesnow/la-et-mn-zach-braff-kickstarter-wish-i-was-here-20130503,0,2100578.story" target="_blank">the data suggests something entirely different</a>:
<blockquote><i>
I have something every detractor doesn&#8217;t have: the analytics. Most of the backers of my film aren&#8217;t people on Kickstarter who had $10 and were deciding where to give it, and then gave it to me instead of someone else. They came to Kickstarter because of me, because of this project. They wouldn&#8217;t have been there otherwise. In fact, a lot of people who didn't know about Kickstarter came and wound up giving money to a lot of other projects too. So for people to say, 'That&#8217;s ... up; you&#8217;re stealing money from documentaries' is just not a sensible argument.
</i></blockquote>
All he's doing is the same thing we've been arguing for <a href="http://www.techdirt.com/articles/20091119/1634117011/future-music-business-models-those-who-are-already-there.shtml">years</a> is the business model of the future: connecting with fans and giving them a reason to buy.  Braff has done exactly that, and has built up a huge and loyal following who are really excited about this project.  As we pointed out when Amanda Palmer <a href="http://www.techdirt.com/blog/casestudies/articles/20120601/01173819160/amanda-palmer-raises-12-million-kickstarter-crowd-goes-wild.shtml">raised $1.2 million</a> on Kickstarter or when Louis CK made <a href="http://www.techdirt.com/blog/casestudies/articles/20111222/12435717172/louis-ck-over-1-million-sales-just-12-days-drm-free-download.shtml">over $1 million</a> by selling direct off his site, the fans who are buying in aren't disturbed by how much money is being made.  For the most part, they seem <i>thrilled</i> to <i>be a part of something amazing</i>.
<br /><br />
I think that's the key thing that the detractors simply don't understand.  This is about two key things: being part of <i>an experience</i> and <i>a community</i>.  It's not about "a movie," but about much more than that.  And, even specifically around "the movie," people should be supporting what Braff is doing, because funding it this way means that it's going to be <i>Braff's vision</i> for the movie, rather than a giant Hollywood studio.  A few months back, Jonathan Taplin, a filmmaker and defender of the old system, told me <a href="http://www.techdirt.com/articles/20120626/01023119476/innovation-copying-civil-disobedience.shtml">during a debate</a> that no real filmmaker would ever use Kickstarter.  At the 40 minute mark, he goes on a condescending rant saying sarcastically that "major filmmakers" could never possibly use Kickstarter because "the average" film only raised $10,000.  But the average is meaningless for something like this.  Furthermore, he goes on and on about (his friend) Martin Scorcese getting to do a movie he wants, and how that would never work via Kickstarter.  But we're seeing over and over again the exact opposite.  When a star with a big following uses something like Kickstarter, it gives them <i>more ability</i> to make <i>the movie they want</i> without outside interference.
<br /><br />
Now we're seeing, quite clearly, that "major filmmakers" can use Kickstarter to do interesting things, and somehow, I get the feeling that it's the same sort of people who insisted they couldn't possibly make it in the first place who are now complaining that they are...<br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20130509/18162523030/there-is-no-logic-to-argument-that-zach-braff-shouldnt-use-kickstarter.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130509/18162523030/there-is-no-logic-to-argument-that-zach-braff-shouldnt-use-kickstarter.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130509/18162523030/there-is-no-logic-to-argument-that-zach-braff-shouldnt-use-kickstarter.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it-makes-no-sense</slash:department>
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<pubDate>Wed, 8 May 2013 17:00:00 PDT</pubDate>
<title>DailyDirt: Evolving The Touchscreen Keyboard</title>
<dc:creator>Joyce Hung</dc:creator>
<link>http://www.techdirt.com/articles/20110222/02532813203/dailydirt-evolving-touchscreen-keyboard.shtml</link>
<guid>http://www.techdirt.com/articles/20110222/02532813203/dailydirt-evolving-touchscreen-keyboard.shtml</guid>
<description><![CDATA[ The <a href="http://www.techdirt.com/articles/20031125/1026245.shtml">QWERTY</a> keyboard layout, which was created around 1875, was originally designed to prevent typewriter keys from jamming. This was done by arranging letters that were most commonly used together farther apart. While the QWERTY layout is still used today, it may not be the best layout for virtual touchscreen keyboards, so there have been many efforts to design alternative keyboard layouts. Here are just a few examples. 

<ul>

<li> <a title="http://phys.org/news/2013-04-scientists-keyboard-layout-screen-devices.html" href="http://bit.ly/Zy3o6a">The new KALQ keyboard layout enables faster thumb-typing on touchscreen devices.</a> In the new layout, all the vowels except for "y" are placed in the area for the right thumb, while more keys are assigned to the left thumb. After a short amount of practice, users were able to type 34% faster with the KALQ keyboard than with a traditional QWERTY layout. [<a href="http://phys.org/news/2013-04-scientists-keyboard-layout-screen-devices.html">url</a>]</li>

<li> <a title="http://news.cnet.com/8301-17938_105-57575214-1/could-minuum-finally-evolve-the-virtual-qwerty-keyboard/" href="http://cnet.co/101p46l">Minuum is a space-efficient, single-row keyboard layout that uses auto-correction algorithms to intelligently predict the words users are attempting to type.</a> The traditional QWERTY order of letters is mostly in place to make it easier to transition from standard software keyboards, and the powerful predictive typing algorithms ensure accurate text entry.[<a href="http://news.cnet.com/8301-17938_105-57575214-1/could-minuum-finally-evolve-the-virtual-qwerty-keyboard/">url</a>]</li>

<li> <a title="http://www.technologyreview.com/view/424827/a-touch-screen-keyboard-that-accommodates-you/" href="http://bit.ly/18aHbyb">IBM envisions a virtual keyboard that can adapt to each user's unique typing style.</a> The keyboard would gather data on the user's typing habits and compile an "anatomical profile" of the user, which it would then use to subtly adapt the keyboard to the user. [<a href="http://www.technologyreview.com/view/424827/a-touch-screen-keyboard-that-accommodates-you/">url</a>]</li>

</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a> via StumbleUpon.<br /><br /><a href="http://www.techdirt.com/articles/20110222/02532813203/dailydirt-evolving-touchscreen-keyboard.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110222/02532813203/dailydirt-evolving-touchscreen-keyboard.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110222/02532813203/dailydirt-evolving-touchscreen-keyboard.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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<pubDate>Sat, 20 Apr 2013 09:29:39 PDT</pubDate>
<title>Awesome Stuff: Three Kickstarters From Musicians You've Read About Here Before</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130419/23440622775/awesome-stuff-three-kickstarters-musicians-youve-read-about-here-before.shtml</link>
<guid>http://www.techdirt.com/articles/20130419/23440622775/awesome-stuff-three-kickstarters-musicians-youve-read-about-here-before.shtml</guid>
<description><![CDATA[ Since we began the <a href="http://www.techdirt.com/blog/innovation/?tag=awesome+stuff" target="_blank">awesome stuff</a> series of posts about cool crowdfunded projects to check out each week, they've mostly focused on cool physical objects.  However, obviously, we talk a lot about music and musicians doing cool things online, and it just so happens that three different musicians that we've written about many times in the past all popped up associated with new Kickstarter projects this week -- though, amazingly, only one of the three projects involves an album.  Let's dive in.
<ul><li>Hopefully you are well aware of <a href="http://www.techdirt.com/blog/?tag=jonathan+coulton">Jonathan Coulton</a>, internet sensation and all around nice guy musician.  We've written about him many, many times in the past, as an example of a musician who really embraced the internet and his fanbase, connected with them in a really genuine way and has built up a hugely successful career as a professional musician while ignoring all of the traditional routes to music stardom.  Now, he's teamed up with famed comic book artist Greg Pak to do <a href="http://www.kickstarter.com/projects/gregpak/code-monkey-save-world?ref=discover_pop" target="_blank">do a graphic novel</a> based on characters from various Coulton songs.  Plus, Coulton is writing a new song for the book as well.  My favorite part about this is how this collaboration came to be.  You can trace it back to a single tweet:
<center>
<a href="http://imgur.com/Dpeh1cm"><img src="http://i.imgur.com/Dpeh1cm.jpg" width=350 /></a>
</center>
And people say the internet isn't awesome?  The illustrations are also being done by another top comic book artist, Takeshi Miyazawa, so it's basically just a whole bunch of awesome folks coming together, via Twitter, to do something cool that should exist.
<center>
<iframe width="480" height="360" src="http://www.kickstarter.com/projects/gregpak/code-monkey-save-world/widget/video.html" frameborder="0"> </iframe>
</center>
Given who is involved, it should be no surprise that it quickly shot past its target threshold, and Pak has already said that due to the overwhelming response, the book is going to be even longer than originally planned.
<center>
<iframe frameborder="0" height="380" src="http://www.kickstarter.com/projects/gregpak/code-monkey-save-world/widget/card.html" width="220"></iframe>
</center>
<br />
</li><li>Last summer, we wrote about the band Secret Cities, when one of its members talked about <a href="http://www.techdirt.com/blog/casestudies/articles/20120625/01314319457/band-explains-why-it-loves-when-fans-download-unauthorized-copies-its-music.shtml">how wonderful</a> he thinks it is when he finds out someone downloaded his music, even if it wasn't an authorized copy -- because he knows that obscurity is a bigger threat than piracy, and you'll never get fans who like you if you can't get them to hear your music first.  The band has never lived together in the same city, and has always recorded in the past on their own computers, sending the various bits and pieces between each other wherever they were at the time.  However, for their next album, they want to try going into a studio, and recording it the old fashioned way -- so they've booked a great studio in San Francisco, and are using Kickstarter to (hopefully) raise the cash to pay for the studio time.
<center>
<iframe width="480" height="360" src="http://www.kickstarter.com/projects/secretcitiesmusic/a-new-secret-cities-album-recorded-at-tiny-telepho/widget/video.html" frameborder="0"> </iframe>
</center>
They're about halfway to their goal with 15 days to go, which usually means the project will get funded, but it's no guarantee.  So you can kick in and help make their dream a reality.  The band's got nearly two dozen songs ready to go, and just watch the video above to see how giddy they are about this project.
<center>
<iframe frameborder="0" height="380" src="http://www.kickstarter.com/projects/secretcitiesmusic/a-new-secret-cities-album-recorded-at-tiny-telepho/widget/card.html" width="220"></iframe>
</center>
<br />
</li><li>Finally, we've got an interesting project from Ondi Timoner, a documentary filmmaker, who is working on a really ambitious project <a href="http://www.kickstarter.com/projects/1733486695/a-total-disruption-ondi-timoners-portal-for-innova?ref=live" target="_blank">called a Total Disruption</a> telling a variety of stories about innovators of all kind.  While most of the stories involve talking to various great entrepreneurs (including some of our favorite entrepreneurs out there: Alexis Ohanian of Reddit, Tony Hsieh from Zappos, Reid Hoffman from Linkedin and Bram Cohen from BitTorrent), Timoner recently decided to do a whole series on Amanda Palmer, as she goes around performing the house concerts from <i>her</i> mega-successful Kickstarter campaign.
<center>
<iframe width="480" height="360" src="http://www.kickstarter.com/projects/1733486695/a-total-disruption-ondi-timoners-portal-for-innova/widget/video.html" frameborder="0"> </iframe>
</center>
It's important to note that this is not about creating another 1.5 hour "documentary" with all of these folks, but building an information service / portal that contains as many stories as possible of innovators and the innovation they're working on.  This is a sorely needed visual and audio history of some of the most interesting innovations of this era.  This project is about 60% funded, with 24 days to go, which is a good sign, but the dollar amount is pretty high, so it may still be a challenge.  We love really ambitious projects, and this seems like a great one to check out and support if you agree.
<center>
<iframe frameborder="0" height="380" src="http://www.kickstarter.com/projects/1733486695/a-total-disruption-ondi-timoners-portal-for-innova/widget/card.html" width="220"></iframe>
</center>
</li></ul>
That's it for this week.  Check back next week for more awesome stuff.<br /><br /><a href="http://www.techdirt.com/articles/20130419/23440622775/awesome-stuff-three-kickstarters-musicians-youve-read-about-here-before.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130419/23440622775/awesome-stuff-three-kickstarters-musicians-youve-read-about-here-before.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130419/23440622775/awesome-stuff-three-kickstarters-musicians-youve-read-about-here-before.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let's-go-to-the-video-tape</slash:department>
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<pubDate>Wed, 27 Mar 2013 12:27:08 PDT</pubDate>
<title>Arrested Development Documentary Has To Hit Up Kickstarter Because Fox Claims Copyright On Set Photos</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130324/00142322432/arrested-development-documentary-has-to-hit-up-kickstarter-because-photos-set-are-covered-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20130324/00142322432/arrested-development-documentary-has-to-hit-up-kickstarter-because-photos-set-are-covered-copyright.shtml</guid>
<description><![CDATA[ Just a few weeks ago, we had a story about how an awesome looking documentary about comic artists needed to hit up Kickstarter to raise more money <i>solely</i> to <a href="http://www.techdirt.com/articles/20130308/03112522252/comic-strip-documentary-filmmakers-return-to-kickstarter-because-theyre-scared-fair-use-wont-protect-them.shtml">purchase licenses</a> to some of the artwork &#038; video clips in the film.  Most of the copyright holders let them use the work for free, but a few were demanding payment -- often thousands of dollars for a single image or short clip.  As we've noted, documentary filmmakers are <a href="http://www.techdirt.com/articles/20100111/2220247711.shtml">scared to death</a> of relying on fair use, because they don't want to get sued (and some insurance providers won't give you insurance if you plan to rely on fair use).
<br /><br />
And, now, there's an even crazier example.  Two huge fans of the cult favorite TV show, <i>Arrested Development</i> have made a documentary about the show, talking to a ton of people who created and acted in the show, as well as to a bunch of fans.  Given that a new season (via Netflix) is quickly approaching, getting this documentary out would make sense.  The film is <i>finished</i> according to the filmmakers.  Done done done.  So why <a href="http://www.kickstarter.com/projects/arresteddocumentary/the-arrested-development-documentary-project" target="_blank">are they asking Kickstarter for $20,053</a>?  Yup, you guessed it.  Copyright licensing issues.  And this time, it's really crazy:
<blockquote><i>
After five years, we're finally close to releasing the documentary. Our final step is to pay the network for photos from the set of the show. These photos are extremely relevant to the story, and we can't move forward with the release of the documentary until our fees are paid to the network. This is where you come in. Help us pay the network fees so every Arrested fan can see this documentary!
</i></blockquote>
Yes, <b>photos from the set</b>. And, "the network" in this case is 20th Century Fox. This seemed so ridiculous to me that I asked the filmmakers, Jeff  Smith &#038; Neil Lieberman, for the details, and they said that these are photos <i>taken by a variety of people on set</i> and that the people who took the photos gave them to Jeff &#038; Neil willingly, but that "the network is claiming copyright."  Just to be clear, Jeff &#038; Neil don't have a problem with this, saying that they believe that this is "within the network's rights" to make that claim <b>and</b> they emphasized that Fox was giving them a "deep discount on the photos" and that it "could have been much worse" otherwise.
<br /><br />
While it's great that the filmmakers are fine with this, it still seems quite troubling to me.  Whoever took the photos in the first place would own the copyright on the basic photos themselves.  This implies that Fox is claiming copyright on the <i>set itself</i>, which appears in the images (or, they're lying and claiming copyright on something they have no copyright on).  And, yes, they could potentially claim copyright on the set -- but that doesn't make this any less crazy.  Jeff &#038; Neil would have a <i>massively clear fair use</i> argument if they were challenged on using these images.  It is not as if the use of those images would somehow <i>harm</i> the "market" for "the set" itself (which is about all the network could possibly be claiming copyright on).  It would obviously be a transformative use, and they'd just be displaying parts of the set.  This is about as open and shut a fair use case as you could possibly imagine.
<br /><br />
And, really, this is doubly ridiculous, because this documentary is only going to help promote the show more, not harm it in any way... oh wait.  <i>Fox</i> no longer benefits from that because <i>Fox cancelled the show</i> and the new season is happening on Netflix instead...  Perhaps that's what this is about. The cash from this Kickstarter could have gone into all sorts of <i>actually useful</i> things, including more marketing and promotions for the documentary (which does look great).  But, instead, it's going into Fox's bank account, because Rupert Murdoch needs it more than two independent documentary filmmakers who were huge fans of the show.  I thought copyright was supposed to be about helping filmmakers, not forcing them to waste $20,000+ dollars on a bogus copyright claim..<br /><br /><a href="http://www.techdirt.com/articles/20130324/00142322432/arrested-development-documentary-has-to-hit-up-kickstarter-because-photos-set-are-covered-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130324/00142322432/arrested-development-documentary-has-to-hit-up-kickstarter-because-photos-set-are-covered-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130324/00142322432/arrested-development-documentary-has-to-hit-up-kickstarter-because-photos-set-are-covered-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wtf</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130324/00142322432</wfw:commentRss>
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<pubDate>Thu, 14 Mar 2013 11:01:00 PDT</pubDate>
<title>Kickstarter Projects That Don't Meet Their Goal Are Not 'Failures'; They Help People Avoid Failures</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/startups/articles/20130228/00041522145/kickstarter-projects-that-dont-meet-their-goal-are-not-failures-they-help-people-avoid-failures.shtml</link>
<guid>http://www.techdirt.com/blog/startups/articles/20130228/00041522145/kickstarter-projects-that-dont-meet-their-goal-are-not-failures-they-help-people-avoid-failures.shtml</guid>
<description><![CDATA[ A little while back, on one of our "funniest/most insightful comments of the week" posts, we <a href="http://www.techdirt.com/articles/20130216/21130822007/funniestmost-insightful-comments-week-techdirt.shtml">featured</a> a <a href="http://www.techdirt.com/blog/casestudies/articles/20130214/03052121969/its-fine-rich-famous-to-use-kickstarter-bjorks-project-failed-because-it-was-lame.shtml#c70">comment</a> that someone made anonymously, in response to a story about Bjork's Kickstarter project that was <a href="http://www.techdirt.com/blog/casestudies/articles/20130214/03052121969/its-fine-rich-famous-to-use-kickstarter-bjorks-project-failed-because-it-was-lame.shtml">taken down</a> before it ended, after it did not look like it was going to get anywhere near the required threshold.  However, the comment has stuck with me and I think it deserves a post.  In particular, the commenter called us out for saying that her project "failed."
<blockquote><i>
<b>This was not a "failure!"</b>
<br /><br />
Platforms like Kickstarter have changed the way the market is functioning, and our ways of thinking about it (even here on Techdirt) have to catch up.
<br /><br />
Bjork's campaign did not fail, even though the results were not what she was hoping for. She successfully learned that the market was not interested in this product.
<br /><br />
Spending &pound;375,000 of her own money? Now THAT would have been a failure.
<br /><br />
Using Kickstarter is more like running a science experiment than it is like selling a product. It increases the efficiency of the market by orders of magnitude, and apparently beyond our ability to think about it clearly.
</i></blockquote>
This point -- even if it was calling us out -- is so true, and it's so important for people to understand.  It's easy to use the word "failure" for those projects that don't meet their goal.  Hell, just in writing this post, I repeatedly had to consciously stop myself from using the words "fail" or "failure" in describing projects that don't reach their goal.  But, the commenter is right: those projects are <i><b>not</b></i> failed projects once you realize what Kickstarter really is:  a platform to judge the market for products, and to build commitment and funding around them.  If a project doesn't reach the goal, that's actually <i>valuable market research</i>, suggesting that if they had gone ahead, without going through the experience, they likely would have "failed."
<br /><br />
So, in actuality, it makes sense to look at such projects and recognize that they were <i>saved</i> from a dismal failure, in which large sums of money may have been spent, but at the same time clarifying the market's reaction to a product before it's even been introduced.  With so many people thinking of Kickstarter more as a store, than as a platform for supporting people trying to turn cool ideas into reality, it's important to be careful in how we choose our language.  Putting up a Kickstarter project that doesn't reach its goal shouldn't be seen as a failure.  It should be seen as a useful bit of data, which helps one avoid failure, and also to (hopefully) sharpen up their product and pitch so that the next time, it is more likely to be funded.<br /><br /><a href="http://www.techdirt.com/blog/startups/articles/20130228/00041522145/kickstarter-projects-that-dont-meet-their-goal-are-not-failures-they-help-people-avoid-failures.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/startups/articles/20130228/00041522145/kickstarter-projects-that-dont-meet-their-goal-are-not-failures-they-help-people-avoid-failures.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/startups/articles/20130228/00041522145/kickstarter-projects-that-dont-meet-their-goal-are-not-failures-they-help-people-avoid-failures.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>remember-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130228/00041522145</wfw:commentRss>
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<pubDate>Wed, 13 Mar 2013 13:12:11 PDT</pubDate>
<title>Warner Bros. Lets Veronica Mars Crew Prove Demand For A Movie Via Kickstarter</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130313/12234722314/warner-bros-lets-veronica-mars-crew-prove-demand-movie-via-kickstarter.shtml</link>
<guid>http://www.techdirt.com/articles/20130313/12234722314/warner-bros-lets-veronica-mars-crew-prove-demand-movie-via-kickstarter.shtml</guid>
<description><![CDATA[ Just a few weeks ago, we wrote about how Kickstarter was incredibly valuable not only as a pre-sales tool but as a way to <a href="http://www.techdirt.com/articles/20130220/09261722038/crowd-funding-also-method-proving-marketability-to-investors.shtml">prove marketability for investors</a>.  It appears that even some in Hollywood are recognizing this.  In a bit of a surprise move, Warner Bros. has allowed the folks from the critically acclaimed (but viewer-challenged) TV show <i>Veronica Mars</i> to <a href="http://www.kickstarter.com/projects/559914737/the-veronica-mars-movie-project" target="_blank">launch a massive Kickstarter campaign</a> to prove that there's demand for a <i>Veronica Mars</i> movie.  They put together a cute, mostly in-character video to explain the details:
<center>
<iframe width="480" height="360" src="http://www.kickstarter.com/projects/559914737/the-veronica-mars-movie-project/widget/video.html" frameborder="0"> </iframe>
</center>
They need to hit $2 million to get the greenlight from Warner.  The money will go into the budget of the film, which has the original actors and the show creator/writer returning (excitedly) to make this a reality after years of talking about the possibility but not having enough believers at Warner.
<br /><br />
This is fascinating on a variety of levels.  First, it serves as a simple reminder that Kickstarter works as a demand-confirmation tool.  Second, and perhaps more interestingly, it suggests ways that traditional Hollywood can integrate with something like Kickstarter at times.  While some of <a href="http://www.techdirt.com/articles/20120423/01452218599/bands-ex-manager-accuses-reddit-profiting-piracy-debate-with-co-founder.shtml">old world Hollywood</a> likes to insist that Kickstarter could never be used to fund a "real" movie, it appears that some more progressive-thinking folks at Warner are willing to give this a shot.  From show creator Rob Thomas' explanation:
<blockquote><i>
Of course, Warner Bros. still owns Veronica Mars and we would need their blessing and cooperation to pull this off. Kristen and I met with the Warner Bros. brass, and they agreed to allow us to take this shot. They were extremely cool about it, as a matter of fact. Their reaction was, if you can show there&#8217;s enough fan interest to warrant a movie, we&#8217;re on board. So this is it. This is our shot. I believe it's the only one we've got. It's nerve-wracking. I suppose we could fail in spectacular fashion, but there's also the chance that we completely revolutionize how projects like ours can get made. No Kickstarter project ever has set a goal this high. It's up to you, the fans, now. If the project is successful, our plan is to go into production this summer and the movie will be released in early 2014. 
</i></blockquote>
It would appear that his nerves need not be wracked for all that long.  Within just a few hours, many thousands of fans had jumped on board, and they'd already passed $1 million and were well on their way to $2 million, and probably significantly beyond that (there are still 30 days to go!)
<center>
<iframe frameborder="0" height="380" src="http://www.kickstarter.com/projects/559914737/the-veronica-mars-movie-project/widget/card.html" width="220"></iframe>
</center>
Separately, one of the things that doesn't get that much attention in crowdfunding campaigns is the importance of having cool rewards, and it looks like the Veronica Mars crew did a good job.  They have a lot of options, with the lowest one being getting a script of the movie on the day it comes out.  Surprisingly, they're also promising a digital download "a few days" after the movie's theatrical debut.  That will be interesting to see in practice, since theaters have balked (stupidly) at showing films that have too small a "window" between theatrical release and digital release.  Hopefully theaters aren't so short-sighted in this case, and will realize that many Veronica Mars fans will likely want to see the film on the big screen even if they're getting the digital version.
<br /><br />
Other reward levels include the standard stuff like t-shirts, DVDs and posters (some of them signed), as well as more advanced options like voicemail or video greetings from the actors (Kristen Bell costs more, not surprisingly), hanging out on the set, a role in the movie, tickets to the premiere and more.  What's impressive is that most of the high end items are sold out already -- within just a few hours of the launch.
<br /><br />
Of course, this makes you wonder why Warner Bros. was so unsure that there would be a market for this movie in the first place.  Still, kudos to the studio for being willing to jump on board with this kind of experiment.<br /><br /><a href="http://www.techdirt.com/articles/20130313/12234722314/warner-bros-lets-veronica-mars-crew-prove-demand-movie-via-kickstarter.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130313/12234722314/warner-bros-lets-veronica-mars-crew-prove-demand-movie-via-kickstarter.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130313/12234722314/warner-bros-lets-veronica-mars-crew-prove-demand-movie-via-kickstarter.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-market-research-platform</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130313/12234722314</wfw:commentRss>
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<pubDate>Mon, 25 Feb 2013 16:03:16 PST</pubDate>
<title>Kickstarter-Funded Movie Wins Oscar For Best Documentary</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20130225/02035422094/kickstarter-funded-movie-wins-oscar-best-documentary.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20130225/02035422094/kickstarter-funded-movie-wins-oscar-best-documentary.shtml</guid>
<description><![CDATA[ Earlier this year, in noting just how many movies were getting <a href="http://www.techdirt.com/blog/casestudies/articles/20130104/03282921581/100-million-pledged-to-indie-film-kickstarter-8000-films-made.shtml">funded</a> by Kickstarter, we also mentioned that two films that had been funded via the site had been nominated for Oscars in the past -- and that there were quite a few documentaries that were "shortlisted" to be nominated this year, including <a href="http://www.kickstarter.com/projects/1131717127/inocente-homeless-creative-unstoppable" target="_blank"><i>Inocente</i></a>.  And now it turns out that, not only was Inocente nominated, it won for best documentary, <a href="http://mashable.com/2013/02/24/inocente-oscar-kickstarter/" target="_blank">making it the first Kickstarter-funded film to win an Oscar</a>, though I doubt it will be the last.  Hopefully this means we can kill off the line we've heard too many times from some industry folks about how Kickstarter <a href="http://www.techdirt.com/articles/20120626/01023119476/innovation-copying-civil-disobedience.shtml">isn't for</a> "real" content creators.<br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20130225/02035422094/kickstarter-funded-movie-wins-oscar-best-documentary.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130225/02035422094/kickstarter-funded-movie-wins-oscar-best-documentary.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130225/02035422094/kickstarter-funded-movie-wins-oscar-best-documentary.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>crowdfunding-coming-of-age</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130225/02035422094</wfw:commentRss>
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<pubDate>Fri, 15 Feb 2013 13:41:15 PST</pubDate>
<title>It's Fine For The Rich &#038; Famous To Use Kickstarter; Bjork's Project Failed Because It Was Lame</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20130214/03052121969/its-fine-rich-famous-to-use-kickstarter-bjorks-project-failed-because-it-was-lame.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20130214/03052121969/its-fine-rich-famous-to-use-kickstarter-bjorks-project-failed-because-it-was-lame.shtml</guid>
<description><![CDATA[ Nearly two years ago, we had a post pointing out that it was silly for people to <a href="http://www.techdirt.com/articles/20110605/23455014559/is-it-bad-when-rich-famous-use-things-like-kickstarter.shtml">complain</a> when the "rich and famous" made use of platforms like Kickstarter.  That story was about Tom Hanks' son Colin looking for funds to complete a documentary.  As we noted, it made perfect sense to use Kickstarter, since it's also a nice marketing platform and a way to connect with fans.  I don't understand why this seems to get people up in arms, but it continues to this day.  You may have heard about the <a href="http://www.guardian.co.uk/music/appsblog/2013/feb/08/bjork-cancels-biophilia-kickstarter" target="_blank">high profile failure</a> of Bjork's Kickstarter campaign.  She sought &pound;375,000 not for a new album, but to make a port of her last album's app, Biophillia, from iOS to Android and Windows 8.  The original Biophilia won some rave reviews for pushing the boundaries of what an album was... but also was widely criticized for being platform specific to iOS.  When it came out, Bjork said she hoped that those on other platforms would just <a href="http://www.techdirt.com/articles/20110802/01405015352/bjork-hopes-pirates-crack-her-new-music-app-perhaps-she-should-have-made-it-more-widely-available.shtml">"pirate"</a> it, but we never understood why she didn't release it on multiple platforms.
<br /><br />
Apparently, the answer was that however the app was designed, it would be insanely expensive to port to other platforms.  That seems like much more of a design mistake than anything else.  It seems likely that her project failed for a few key reasons, including that it was just about porting an app that came out years ago, rather than anything new.  Also, the "rewards" were somewhat unimpressive.  And, of course, Bjork fans who were iPhone users had little reason to contribute as well.  There's also the big one: unlike some other stars, Bjork really hasn't embraced connecting and communicating with her fans.  That's her choice, of course.  No one says she needs to.  But, it's much harder to raise a ton of crowdfunded money that way.
<br /><br />
Still, many are saying that the project failed because she's rich and famous and could have just paid for everything herself.  But that seems silly.  There are plenty of ways that the rich and famous can make use of crowdfunding and plenty of reasons why it makes sense to do so.  The project failed because it was a <i>bad project</i> for crowdfunding, and because Bjork isn't necessarily connected with her fans in a way that makes sense for crowdfunding.
<br /><br />
Amanda Palmer, who remains an example of "doing Kickstarter right" has <a href="http://www.amandapalmer.net/blog/20130213/" target="_blank">weighed in on this issue, making some really good points</a> about why anyone should be able to use Kickstarter, even the rich and famous.  Here are a few snippets, but the whole thing is worth reading:
<blockquote><i>
crowdfunding should, by its very nature, be available to EVERYBODY....
<br /><br />
here's what i think: THE MARKET IS EFFICIENT.
<br /><br />
if ANYBODY wants to give a go at having the community help them with a project, that&#8217;s the ARTISTS prerogative. if it fails, then the interest wasn't there.
<br /><br />
it should't matter if it's justin bieber, obama, the new kids of the block reunion project, lance armstrong, oprah, or the friendless 18-year old down the street who's been hiding in his bedroom making EDM music.<br />
ANYBODY CAN ASK. that's democracy.
<br /><br />
and since crowdfunding is &#8211; by definition &#8211; in the hands of the community: THE COMMUNITY WILL DETERMINE WHETHER A PROJECT IS SUCCESSFUL.
</i></blockquote>
And yet, people still get upset.  To some extent, this feels a bit like "hipsterism."  People feel that these platforms are special because the rich and famous haven't necessarily discovered them yet.  But why is it so wrong if they do find them and do use them?  If people want to support the projects they will, and if they don't, they won't.  That's what makes these platforms so useful.<br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20130214/03052121969/its-fine-rich-famous-to-use-kickstarter-bjorks-project-failed-because-it-was-lame.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130214/03052121969/its-fine-rich-famous-to-use-kickstarter-bjorks-project-failed-because-it-was-lame.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130214/03052121969/its-fine-rich-famous-to-use-kickstarter-bjorks-project-failed-because-it-was-lame.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>moving-on...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130214/03052121969</wfw:commentRss>
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<pubDate>Fri, 15 Feb 2013 03:34:32 PST</pubDate>
<title>Fake Kickstarter Game Raises Worries About The Platform, But Should It?</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130212/09493721951/fake-kickstarter-game-raises-worries-about-platform-should-it.shtml</link>
<guid>http://www.techdirt.com/articles/20130212/09493721951/fake-kickstarter-game-raises-worries-about-platform-should-it.shtml</guid>
<description><![CDATA[ As Kickstarter continues to mature as a viable platform for funding creative projects, there are still audible whispers expressing concern over fraud and scams on the site. Leigh previously <a href="http://www.techdirt.com/articles/20120502/20095818750/online-communities-bust-kickstarter-scam.shtml">noted</a> one such case, in which the internet community outted a fake game's funding attempt, detailing how that community was responsible for getting the project removed from Kickstarter entirely. At the same time, he discussed how fraud can be found in the more traditional arenas, <a href="http://en.wikipedia.org/wiki/38_Studios">as can failures</a>. But Kickstarter stories like this seem to garner, what is in my estimation, an undue amount of fear over frauds and scams.<br />
<br />
So I expect more of the same as we learn of another case of a Kickstarter project claiming false affiliations and making promises it couldn't hope to keep. Dirty Bird Sports, as the group was called, claimed that it was <a href="http://www.kickstarter.com/projects/dbs/ncaa-football-game-for-xbox-360-and-playstation-3?ref=live">raising funds</a> to put out an NCAA football game for the PS3 and Xbox 360, and <a href="http://hereisthecity.com/2013/02/10/fake-us-football-game-pulled-from-kickstarter/">claimed to have the backing of several well-known names in the football world</a>, all of which turned out to be false.
<blockquote><i>
Boasting a backing from well-known Atlanta Falcons running back Jamal Anderson, the project claimed that it was hoping to create a competitor to EA's NCAA Football game and only needed the relatively paltry sum of $500,000 to develop a PS3 and Xbox 360 title.</i></blockquote>
<blockquote><i>
However, many of the 3D models and assets compiled by the group, calling itself "Dirty Bird Sports", were found to have been lifted from sites selling other artists work, a roundup of which can be seen at <a href="http://kotaku.com/5982890/the-ncaa-football-video-game-that-claimed-to-be-backed-by-jamal-anderson-is-a-hoax-and-a-scam">Kotaku</a>.</i></blockquote>

While some might freak out over this, that last bit is what's most interesting to me, and is the proper evidence for pushing back against those claiming the sky is falling. Once again, a vibrant internet community has assisted in outing the liars and scammers, proactively preventing any actual financial harm from occurring. While that same community may not end up with a 100% success rate in stopping such cases, I see these instances as an indication of the maturing of the platform and a direct result of the growth of interest in Kickstarter as a whole. As with any other aspect of crowdsourcing, the benefits rise as the size of the crowd increases. That the internet community is so successful in warning the rest of us of these dangers should be taken as a <i>selling point</i> of Kickstarter, not some scary boogeyman.<br /><br /><a href="http://www.techdirt.com/articles/20130212/09493721951/fake-kickstarter-game-raises-worries-about-platform-should-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130212/09493721951/fake-kickstarter-game-raises-worries-about-platform-should-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130212/09493721951/fake-kickstarter-game-raises-worries-about-platform-should-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>crowdsourcing-factchecking</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130212/09493721951</wfw:commentRss>
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<pubDate>Fri, 11 Jan 2013 11:52:14 PST</pubDate>
<title>Popular GameStick Project Briefly Deleted From Kickstarter Over DMCA Takedown</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130111/02215821638/popular-gamestick-project-briefly-deleted-kickstarter-over-dmca-takedown.shtml</link>
<guid>http://www.techdirt.com/articles/20130111/02215821638/popular-gamestick-project-briefly-deleted-kickstarter-over-dmca-takedown.shtml</guid>
<description><![CDATA[ A few months ago, we <a href="http://www.techdirt.com/articles/20120923/19142720473/unfortunate-kickstarters-overaggressive-reaction-to-dmca-notices.shtml">criticized</a> Kickstarter for the way it handled DMCA notices -- basically just deleting the project entirely, without providing any additional info.  There didn't appear to be a counternotice proposal or anything like that.  That post actually resulted in a nice conversation with Kickstarter about ways in which they might improve their DMCA process.  I'm happy to see that with another high profile DMCA takedown sent to the site, the situation has been handled somewhat better, though I still have some questions about it.
<br /><br />
The takedown involved the Gamestick project, an Android-based video game console the size of a USB stick, built into a controller.  It's a really cool project, which you can check out <a href="http://www.kickstarter.com/projects/872297630/gamestick-the-most-portable-tv-games-console-ever/?ref=kicktraq" target="_blank">here</a>.  Not surprisingly, it has received tons of attention, buzz and (of course) donations.  But, yesterday, for a brief time, <a href="http://venturebeat.com/2013/01/10/kickstarter-takes-down-gamestick-project-due-to-intellectual-property-dispute/" target="_blank">the campaign disappeared for a period of time</a> due to a DMCA takedown.   Unlike in the past, the message on the missing page at least contained a <i>little</i> more info:
<center>
<a href="http://imgur.com/suUBE"><img src="http://i.imgur.com/suUBE.jpg" /></a>
</center>
Furthermore, Kickstarter also sent a notice to all backers of the project:
<blockquote><i>
<p>This is a message from Kickstarter Support. We&#8217;re writing to inform you that a project you backed, GameStick: The Most Portable TV Games Console Ever Created, is the subject of an intellectual property dispute.</p>
<p>The law requires that we remove the project from public view until the process is complete or the dispute is resolved. If we are not able to re-post it within 30 days, we will cancel the project, all pledge authorizations will expire, and the project will be permanently unavailable.</p>
<p>If you&#8217;d like to manage your pledge, you can do so through the project page:</p>
<p><a href="http://www.kickstarter.com/projects/872297630/gamestick-the-most-portable-tv-games-console-ever?ref=email" target="_blank">http://www.kickstarter.com/projects/&#8230;ever?ref=email</a></p>
<p>If you have any questions, we encourage you to message the creator directly. You can also do this from the project page.</p>
<p>Thanks so much for your patience and cooperation,<br />
Kickstarter
</p></i></blockquote>
The campaign was turned back on after a little while, and the full story came out.  Apparently, one of the video games that the company shows working in the video was not "cleared" for use by its creators, and they sent the takedown.  Playjam edited the video in the question and Kickstarter quickly put the video back up.
<br /><br />
All's well that end's well, though there are still a few oddities here.  First off, Kickstarter's notice (while better than no notice!) isn't really accurate.  The law <i>does not</i> require Kickstarter to remove the project from view.  It does provide <i>incentives</i> for Kickstarter to do so, but that's not the same thing.  Of course, Kickstarter has the right to remove whatever project it wants, and no one expects them to have to make a full call on each takedown notice, but it's simply not accurate to say they're required to do so.  It's just that they risk losing safe harbors if they don't.
<br /><br />
The other oddity: the copyright claim itself.  I can't see how the video itself or anything on the campaign page would be infringing.  Misleading?  Perhaps, if it implied that the specific game would be on the device that wasn't fully licensed.  But that's not a copyright issue.  The video itself might be <i>evidence</i> that PlayJam itself was infringing on the nameless video game company's copyright with its use of the game.  Perhaps there's an argument that whatever was seen of the game in the video would be a copyright issue, but that seems like a huge stretch.  There would be strong de minimis or fair use responses in both cases.  Also, unless there are significant additional circumstances, it seems odd that the video game company didn't embrace this as a way to get free publicity from a very popular Kickstarter project.  So it still strikes me that the Kickstarter page and the video itself should not have been seen as infringing.  That they might have been misleading is reason enough to change it, but it's unfortunate when people automatically assume that situations like this must be a copyright violation.<br /><br /><a href="http://www.techdirt.com/articles/20130111/02215821638/popular-gamestick-project-briefly-deleted-kickstarter-over-dmca-takedown.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130111/02215821638/popular-gamestick-project-briefly-deleted-kickstarter-over-dmca-takedown.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130111/02215821638/popular-gamestick-project-briefly-deleted-kickstarter-over-dmca-takedown.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>improved-processes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130111/02215821638</wfw:commentRss>
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<pubDate>Thu, 10 Jan 2013 11:27:55 PST</pubDate>
<title>$274 Million Raised Via Kickstarter In 2012</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20130109/18230721623/274-million-raised-via-kickstarter-2012.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20130109/18230721623/274-million-raised-via-kickstarter-2012.shtml</guid>
<description><![CDATA[ You may remember that, at the beginning of 2012, there were some predictions that Kickstarter might possibly help fund <a href="http://www.techdirt.com/articles/20120224/14151917871/kickstarter-likely-to-provide-more-funding-than-national-endowment-arts-2012.shtml">over $150 million</a> that year, up from about $80 million in 2011.  Turns out that estimate was way low.  Kickstarter projects actually <a href="http://www.kickstarter.com/year/2012#overall_stats" target="_blank">brought in $274 million on $319 million</a> in pledges.
<center>
<a href="http://imgur.com/KNHHa"><img src="http://i.imgur.com/KNHHa.png" width=560 /></a>
</center>
A lot of folks are focused on that $319 million, but it seems like the $274 million is more interesting.  You can see the breakdown of pledges as well, showing how it covers a variety of different areas:
<center>
<a href="http://imgur.com/hjsRe"><img src="http://i.imgur.com/hjsRe.png" width=560 /></a>
</center>
It seems notable that some of the areas with the most funding are the ones we're often told are struggling the most with new business models.  Kickstarter is clearly not "the" new business model (because there isn't just one), but it shows that there are solutions out there, and likely will be many more on the way, even as Kickstarter itself continues to grow.<br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20130109/18230721623/274-million-raised-via-kickstarter-2012.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130109/18230721623/274-million-raised-via-kickstarter-2012.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130109/18230721623/274-million-raised-via-kickstarter-2012.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-bad-at-all</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130109/18230721623</wfw:commentRss>
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<pubDate>Mon, 7 Jan 2013 08:45:43 PST</pubDate>
<title>$100 Million Pledged To Indie Film On Kickstarter... And 8,000 Films Made</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20130104/03282921581/100-million-pledged-to-indie-film-kickstarter-8000-films-made.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20130104/03282921581/100-million-pledged-to-indie-film-kickstarter-8000-films-made.shtml</guid>
<description><![CDATA[ Less than a year after being declared the <a href="http://www.techdirt.com/articles/20120201/00543817615/kickstarter-becomes-darling-sundance-financing-lots-movies-without-movie-studio-arrogance.shtml">darling of Sundance</a> -- especially for not having "the arrogance of a studio" -- Kickstarter has announced that <a href="http://www.kickstarter.com/blog/1133" target="_blank">over $100 million has been pledged to indie film</a> via its platform (which, of course, is hardly the only crowdfunding platform that filmmakers use, though it is the most popular).   There are some caveats, of course.  This is over Kickstarter's lifetime (since April 2009), but the numbers have been growing rapidly.  $60 million of those pledges came in 2012.  Also, that's <i>pledges</i>, not actual money given, since only projects that hit their target get the money.  The actual total collected is $85.7 million -- which means that'll get over $100 million pretty quickly.
<br /><br />
And, yes, the "but what about my <a href="http://www.techdirt.com/blog/casestudies/?tag=%24200+million+movie">$100 million movie</a>" crowd will scoff and argue that this number is so "small."  But, two points there: first, this number is growing very, very, very fast.  And if you can't understand how trends explode, then you're going to be in trouble soon.  Second -- and this is the more important point -- those funds helped <b>create 8,000 films</b>.  For those who have been arguing about culture and how we're going to lose the ability to make movies... this suggests something amazing and important is happening which goes against all those gloom and doom predictions.  By way of comparison, the UN, which keeps track of stats on film production, claimed that in 2009, <a href="http://www.uis.unesco.org/culture/Documents/ib8-analysis-cinema-production-2012-en2.pdf" target="_blank">7,233 films were made</a>.  Worldwide.
<br /><br />
Also, some will inevitably suggest that these aren't "real" films and don't "count" or aren't important.  But, of course, the data shows that it's creating a nice long tail of film production, and that includes some very "real" films no matter how you measure.  According to the Kickstarter post:
<ul>
<li>At least 86 Kickstarter-funded films have been released theatrically, screening in more than 1,500 North American theaters according to Rentrak. Another 14 films have theatrical premieres slated for 2013.</li>
<li>According to <a href="http://www.rottentomatoes.com/top/bestofrt/?year=2012" target="_blank">Rotten Tomatoes</a>, three of the 20 best-reviewed films of 2012 are Kickstarter-funded (<i><a href="http://www.kickstarter.com/projects/openhood/the-waiting-room-theatrical-release" target="_blank">The Waiting Room</a></i>, <i><a href="http://www.kickstarter.com/projects/rescuedmedia/finishing-brooklyn-castle-formerly-chess-movie" target="_blank">Brooklyn Castle</a></i>, and <i><a href="http://www.kickstarter.com/projects/alisonklayman/ai-weiwei-never-sorry" target="_blank">Ai Weiwei: Never Sorry</a></i>). Another Kickstarter-funded film, <i><a href="http://www.kickstarter.com/projects/619452369/pariah-the-movie" target="_blank">Pariah</a></i>, was among the best-reviewed of 2011.</li>
<li>Two films have been nominated for Oscars in the past two years: <i><a href="http://www.kickstarter.com/projects/bigredbarn/sun-come-up" target="_blank">Sun Come Up</a></i> and <i><a href="http://www.kickstarter.com/projects/1941167757/incident-in-new-baghdad-oscar-qualifying-la-releas" target="_blank">Incident in New Baghdad</a></i>. A third, <i><a href="http://www.kickstarter.com/projects/1654032104/the-barber-of-birmingham-the-movie" target="_blank">Barber of Birmingham</a></i>, launched a project after being Oscar-nominated. Three documentary features and two documentary shorts are currently shortlisted for Oscar nominations in 2013:&nbsp;<i><a href="http://www.kickstarter.com/projects/openhood/the-waiting-room-theatrical-release" target="_blank">The Waiting Room</a></i>, <i><a href="http://www.kickstarter.com/projects/detropiathefilm/detropia-were-releasing-our-doc-independently" target="_blank">Detropia</a></i>, <i><a href="http://www.kickstarter.com/projects/alisonklayman/ai-weiwei-never-sorry" target="_blank">Ai Weiwei: Never Sorry</a></i>, <i><a href="http://www.kickstarter.com/projects/1131717127/inocente-homeless-creative-unstoppable" target="_blank">Inocente</a></i>, and&nbsp;<i><a href="http://www.kickstarter.com/projects/sarigilman/kings-point-documentary-film" target="_blank">Kings Point</a></i>.</li>
<li>Kickstarter-funded films comprised 10% of Sundance&#8217;s slate in <a href="http://www.kickstarter.com/pages/Sundance2012" target="_blank">2012</a> and <a href="http://www.kickstarter.com/pages/Sundance2013" target="_blank">2013</a>. In total, 49 Kickstarter-funded films have been official selections at the prestigious festival.</li>
<li>Kickstarter-funded films comprised 10% of the 2012 slates at the <a href="http://www.kickstarter.com/pages/SXSWfilm2012" target="_blank">SXSW Film Festival</a> and <a href="http://www.kickstarter.com/pages/Tribeca2012" target="_blank">Tribeca Film Festival</a>. In total, 57 Kickstarter-funded films have premiered at SXSW and 21 at Tribeca.</li>
<li>At least 16 Kickstarter-funded films have been picked up for national broadcast through HBO, PBS, Showtime, and other networks.</li>
<li>Kickstarter-funded films have won at least 21 awards at the Sundance, SXSW, Tribeca, Cannes, and Berlinale festivals.</li>
<li>Eight Kickstarter-funded films are <a href="http://kickstarter.tumblr.com/post/36697083526/hold-your-breath-looks-like-its-going-to-be-a" target="_blank">nominated</a> for Independent Spirit Awards this year.
</li></ul>
That seems like a pretty good track record that any movie studio would be proud of... And, to think: this trend is just beginning.<br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20130104/03282921581/100-million-pledged-to-indie-film-kickstarter-8000-films-made.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130104/03282921581/100-million-pledged-to-indie-film-kickstarter-8000-films-made.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20130104/03282921581/100-million-pledged-to-indie-film-kickstarter-8000-films-made.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-the-industry-is-dying</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130104/03282921581</wfw:commentRss>
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<pubDate>Tue, 11 Dec 2012 12:35:00 PST</pubDate>
<title>Lester Chambers, Screwed Over For Decades By The Recording Industry, Goes Direct Via Kickstarter</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20121211/10563521347/lester-chambers-screwed-over-decades-recording-industry-goes-direct-via-kickstarter.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20121211/10563521347/lester-chambers-screwed-over-decades-recording-industry-goes-direct-via-kickstarter.shtml</guid>
<description><![CDATA[ Earlier this year, a picture posted online by musician Lester Chambers of the Chambers Brothers -- a successful act from the 1960s -- <a href="https://www.techdirt.com/articles/20120315/03304918113/lester-chambers-successful-musician-who-received-no-royalties-67-to-94-planning-to-sue.shtml">went viral</a>, telling the story of how the recording industry never paid him money he was owed.
<center>
<img src="http://i.imgur.com/HK3ER.jpg" width=500/>
</center>
Now, with help from Reddit &#038; Breadpig founder Alexis Ohanian, Chambers is <a href="http://www.kickstarter.com/projects/1195088551/lesters-time-has-come-today" target="_blank">raising money for a new album on Kickstarter</a>, called <i>Lester's Time Has Come Today</i>.  This is being done in association with Breadpig, which has helped a number of content creators sell their goods, while also doing social good as well.
<blockquote><i>
The music industry may have screwed Lester Chambers for decades, but we the internet public can right their wrong.
<br /><br />
Thanks to the open internet (things we fought for against SOPA, PIPA, ACTA, etc.), sites like Kickstarter and other innovations that are being worked on by entrepreneurs right now, we have the opportunity to do right by artists and cut out those who'd mistreat them. We have the opportunity to create solutions that will support artists in the digital world.
</i></blockquote>
<center>
<iframe width="560" height="420" src="http://www.kickstarter.com/projects/1195088551/lesters-time-has-come-today/widget/video.html" frameborder="0"> </iframe>
</center>
The money will actually go to Lester via <a href="https://www.sweetrelief.org/" target="_blank">Sweet Relief Musicians Fund</a>, an organization that provides financial help to career musicians who are struggling financially, due to age, illness or disability. 
<br /><br />
In looking over this, I'm reminded that earlier this year, during a debate with Jonathan Taplin, Alexis similarly <a href="http://www.techdirt.com/articles/20120423/01452218599/bands-ex-manager-accuses-reddit-profiting-piracy-debate-with-co-founder.shtml">offered</a> to help struggling career musicians launch Kickstarter campaigns, and was mocked for his offer.  It raises questions, yet again, as to who is actually helping musicians out these days?  The people whining about how copyright laws must be enforced... or the people actually setting up and creating new services to help musicians make money?
<center>
<iframe frameborder="0" height="380" src="http://www.kickstarter.com/projects/1195088551/lesters-time-has-come-today/widget/card.html" width="220"></iframe>
</center><br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20121211/10563521347/lester-chambers-screwed-over-decades-recording-industry-goes-direct-via-kickstarter.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20121211/10563521347/lester-chambers-screwed-over-decades-recording-industry-goes-direct-via-kickstarter.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20121211/10563521347/lester-chambers-screwed-over-decades-recording-industry-goes-direct-via-kickstarter.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>with-help-from-alexis-ohanian</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121211/10563521347</wfw:commentRss>
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<pubDate>Fri, 30 Nov 2012 18:38:00 PST</pubDate>
<title>New Kickstarter Rules Make Sense In Principle, But Raise Big Questions In Practice</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20121115/09074921057/new-kickstarter-rules-make-sense-principle-raise-big-questions-practice.shtml</link>
<guid>http://www.techdirt.com/articles/20121115/09074921057/new-kickstarter-rules-make-sense-principle-raise-big-questions-practice.shtml</guid>
<description><![CDATA[ <p>Kickstarter is an amazing platform that faces a lot of interesting challenges. Chief among them is a combination of quality control and expectation management &mdash; both of which revolve, in many ways, around image. As in: what <em>is</em> Kickstarter in the eyes of users? On the one hand, the company wants to weed out the worst projects, because it knows that a few high-profile failures could cause serious damage to its image. On the other hand, it wants users to understand that there are always risks involved in backing a project, so they should be discerning and be prepared for delays or other problems. This led to their <a href="http://www.techdirt.com/articles/20120921/13281620462/kickstarter-introduces-new-rules-to-try-to-limit-disappointment.shtml">recent changes to the rules</a>, focused on divulging risks and challenges (which basically everyone agrees is a good thing), preventing people from treating Kickstarter like a simple store or pre-order platform (a more controversial move), and minimizing promises by banning product renderings (the source of the most debate). In the latter two areas, Kickstarter is treading a fine line.</p>

<p>Firstly, there's the "Kickstarter is not a store" aspect (which was the name of their initial <a href="http://www.kickstarter.com/blog/kickstarter-is-not-a-store" target="_blank">blog post</a> about the rules). The core change here was prohibiting projects in the Product Design and Technology sections from offering multiple-item reward tiers (e.g. get three widgets, get five widgets, etc.) which had previously been a pretty popular strategy for launching new consumer products on Kickstarter. They felt that offering multiple items would lead to a lot of disappointment when some projects inevitably go wrong, since it gives the impression that the product is <em>"shrink-wrapped and ready to ship"</em> &mdash; and if it <em>is</em>, then it shouldn't be on Kickstarter, a platform geared at helping products <em>to</em> completion, not selling finished ones. That makes sense, but it comes with a few problems:</p>
<ul>
<li>Kickstarter acknowledges that in some cases it makes sense to sell products as a set &mdash; but that in such cases, you <em>won't</em> be allowed to sell them individually. This ignores the wide variety of versatile products that might make sense individually <em>or</em> in sets. For example, take <a href="http://www.kickstarter.com/projects/607691307/ubi-the-ubiquitous-computer-voice-activated-and-al-0" target="_blank">the Ubi computer</a> (a sort of stationary Siri) which finished its funding just two days before the rule change. It's a device designed to be useful as a standalone unit or a network of units throughout a large home &mdash; so it offered one, two, three, five and ten packs (and got backers at all those tiers). Now, for comparison, look at the still-funding <a href="http://www.kickstarter.com/projects/cloudlight/light-1">Light by Moore'sCloud</a>, which is similarly designed to be useful as a single unit or a house-wide solution, but is unable to offer multi-unit package tiers. It's not a perfect comparison because the Light also has an extremely ambitious funding goal and its entry-level price is a bit lower, but it's interesting to note that despite having 1,398 backers to the Ubi's 1,190, it has raised only $157k to the Ubi's $229k. Though both projects are precisely what the Kickstarter rules are supposed to favor &mdash; new devices in the advanced prototype stage that needed resources to finalize the development &mdash; the Light seems to be held back by the new restrictions.</li><br />
<li>Of course, it's not <em>quite</em> that simple, because there's a weird loophole in the rules. Though projects aren't allowed to offer multiple items at specific reward tiers, they <em>are</em> allowed to offer them as add-ons. For those unfamiliar with the Kickstarter add-on process, well, it's not really a process at all: creators tell backers how much money to add to their pledge for various things, then it's up to them to survey the backers <em>after</em> the project ends to find out which add-ons they want, and square that up with the pledge amount. If anyone made a mistake like failing to cover shipping, they have to deal with it themselves using something like Paypal, absorb the loss, or piss off the backer. Thus, many products actually are available in bigger quantities, but many Kickstarter users are unaware of this process, or confused by it, and project comment pages are filled with repeated back-and-forths about how to order. Rather than preventing Kickstarter from being a store, the change has just made it a store with a worse customer experience.</li><br />
<li>Then there's a second weird loophole. The rules only apply to the Product Design and Technology categories &mdash; projects under Publishing, Graphic Design and Tabletop Games, for example, can still offer multiple copies at various tiers in a very store-like way. In a way this makes sense, since books, posters, board games and decks of cards all have much clearer, simpler supply chains and paths to completion than a new tech gadget or a unique manufactured product. But that's not universally true: some of the best product innovations are the simplest &mdash; easy to create, and destined to become ubiquitous. If they fall under the product design category, though, they are forced to pre-sell them one at a time. And then you get some real anomalies, like the still-funding (and highly successful) <a href="http://www.kickstarter.com/projects/critsuccess/dice-rings" target="_blank">Dice Rings</a>. They are a manufactured product design in every sense, but because they were accepted to the Tabletop Games category, they can offer reward tiers with rings in several different quantities &mdash; and a huge portion of their backers have pledged for those higher tiers. And, once again, they are exactly what Kickstarter is looking for: a neat idea in a late-prototyping stage that needed a final push to enter production. But they would have faced massive restrictions were it not for some lucky category overlap.</li>
</ul>
<p>As these loopholes and anomalies show, there are plenty of products that have a perfectly good reason to offer multiple-item tiers without going against Kickstarter principles, and such projects seem to benefit highly from doing so. When you look at this, you realize that the rule change has a built-in negative effect: it optimizes <em>against</em> the best-planned and most reliable projects. It's basically saying "if you don't have a significant risk of failure, you shouldn't be here." But while it's important for entrepreneurs to be aware of risks and challenges, they also pretty universally have a lot of faith in their idea &mdash; so telling them they aren't allowed to promise people five widgets, when that may have been a key part of their widget sales strategy, just drives the most confident creators elsewhere.</p>
<p>The other controversial rule change is the ban on product renderings and simulations. This was an attempt to avoid situations like when Felix Salmon pointed out that the <a href="http://blogs.reuters.com/felix-salmon/2012/09/18/kickstarter-vaporware-of-the-day-lifx-edition/" target="_blank">prototype of the hugely popular Lifx Lightbulb</a> was a long, long way away from the snazzy mockup plastered all over the Kickstarter page, and made a pretty compelling argument that the whole thing was vaporware. Again, this makes partial sense &mdash; but it seems like there are a <em>lot</em> of situations in which product renderings, responsibly used and properly labelled, would be <em>vital</em> to educating potential backers about a project. In a recent submission to Techdirt, Tom McWilliams, creator of the <a href="http://www.kickstarter.com/projects/516856933/tiger-cam-a-3d-digital-video-microscope" target="_blank">Tiger Cam 3D video microscope</a>, provides an example from his own experience in attempting to launch the project on Kickstarter:</p>
<blockquote><em>3D imagery is hard to demonstrate when you aren't physically immersed in the actual experience.  Most of the time we see 3D advertised using pictures of objects flying out of the screen at us or funny block letters emerging from a picture.  We did some (not all) of the same type of effects in our Kickstarter project video to try to emphasize that the really cool part of our product was the 3D experience it offered.<br /><br />
The week we were set to launch our project on Kickstarter, the press release was issued about Kickstarter's new guidelines for technology projects.  After a bit of concern, and a lot of review, we presumed that we had complied with these new guidelines, including those prohibiting product simulations.  After all, we weren't simulating what our project might do in the future, we were illustrating what our 3D microscope does right now, using the medium we had available to us.  After submitting our project, it was declined by Kickstarter because it was deemed that simulations of any kind in our project video were prohibited.  We then went back to re-think the video.  After removing our 3D-like graphics in the video our project was accepted, but it seems that the message might have been lost in translation.
<br /><br />
It's easy to understand the rationale behind the new technology guidelines from Kickstarter. Kickstarter projects are about concrete projects looking to fund their next steps, not about what someone thinks they might be able to create if given the backing.  But when simulated images convey the essence of a project in a way that a thousand words cannot, even if disclaimer were to be boldly displayed, there is room, one hopes, for conversation.</em></blockquote>
<p>McWilliams also raises an excellent question about what exactly a "simulation" is:</p>
<blockquote><em>Some technology projects are easy to demonstrate by showing a user's interaction with them. But often isn't this simulated?  Did that alarm clock really wake up the actor in the video, or was it a simulation?  Other projects might be more difficult to demonstrate and ask for a stretch of the imagination in order for the viewer to understand the true user experience.  Our 3D microscope product certainly garners this challenge, and we feel that in the end maybe we weren't able to convey this experience to potential project backers.</em></blockquote>
<p>It seems like Kickstarter realized that managing backer expectations, and controlling the quality and the honesty of projects, was a complicated challenge, so they decided to make a bold move that they hoped would initiate wide-scale change for the better, even if it did a little collateral damage. Unfortunately, such strict broad strokes seem to be creating more problems than they are solving, and unfairly disadvantaging projects with perfectly legitimate interests that run counter to the rules.</p>
<p>Luckily, Kickstarter is still an evolving platform, and none of this is set in stone. It's only been a couple of months since the change, and the company can likely be convinced to revisit the rules once it has a little bit more data to see what effect they had. But, ultimately, they have to listen to their users, both creators and backers. They may not want to be a mere store, but they can't be a haven for creators who hedge every bet while scaring away those with ambitious goals. In striving to manage expectations, Kickstarter can't forget that the best entrepreneurs have high expectations of themselves.</p><br /><br /><a href="http://www.techdirt.com/articles/20121115/09074921057/new-kickstarter-rules-make-sense-principle-raise-big-questions-practice.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121115/09074921057/new-kickstarter-rules-make-sense-principle-raise-big-questions-practice.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121115/09074921057/new-kickstarter-rules-make-sense-principle-raise-big-questions-practice.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>balancing-act</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121115/09074921057</wfw:commentRss>
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<item>
<pubDate>Wed, 21 Nov 2012 19:39:00 PST</pubDate>
<title>Company Sues Kickstarter Over 3D Printer Patent, Maligns 'Hackers And Makers'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121121/14111021117/company-sues-kickstarter-over-3d-printer-patent-maligns-hackers-makers.shtml</link>
<guid>http://www.techdirt.com/articles/20121121/14111021117/company-sues-kickstarter-over-3d-printer-patent-maligns-hackers-makers.shtml</guid>
<description><![CDATA[ We've been pointing out for a while that one of the reasons why advancements in 3D printing have been relatively slow is because of <a href="http://www.techdirt.com/articles/20120130/16535017591/how-patents-have-held-back-3d-printing.shtml">patents</a> holding back the market.  However, a bunch of key patents have started <a href="http://www.techdirt.com/articles/20121012/01535020687/just-as-key-3d-printing-patents-get-closer-to-expiring-intellectual-ventures-patents-3d-printing-drm.shtml">expiring</a>, leading to new opportunities.  One, in particular, that has received a fair bit of attention was the <a href="http://formlabs.com/" target="_blank">Formlabs</a> 3D printer, which <a href="http://www.kickstarter.com/projects/formlabs/form-1-an-affordable-professional-3d-printer" target="_blank">raised nearly $3 million on Kickstarter</a> earlier this year.  It got a ton of well-deserved attention for being one of the first "low end" (sub ~$3,000) 3D printers with very impressive quality levels.
<center>
<a href="http://imgur.com/bLz3I"><img src="http://i.imgur.com/bLz3I.png" width=560 /></a>
</center>
Part of the reason the company said it could offer such a high quality printer at a such a low price, relative to competitors, was because some of the key patents had expired, allowing it to build key components without having to pay astronomical licensing fees.  A company called 3D Systems, however, <a href="http://www.bbc.co.uk/news/technology-20434031" target="_blank">claims that Formlabs missed one patent</a>.  It holds <a href="http://www.google.com/patents/US5597520" target="_blank">US Patent 5,597,520</a> on a "Simultaneous multiple layer curing in stereolithography."  While I find it ridiculous that 3D Systems is going legal, rather than competing in the marketplace, it's entirely possible that the patent is valid.  It just highlights how the system holds back competition that drives important innovation, though.
<br /><br />
3D Systems claims that Formlabs "took deliberate acts to avoid learning" about 3D Systems' live patents.  The lawsuit claims that Formlabs looked only for expired patents -- which seems like a very odd claim.  Why would they only seek expired patents?  Either way, the lawsuit claims that all of the articles that highlighted how the expiration of patents made Formlabs' printer possible meant that Formlabs must have known about its patents.  Again, not quite sure the reasoning makes much sense here.
<br /><br />
But what's really crazy is that 3D Systems isn't just going after Formlabs... but <i>Kickstarter</i> as well.  You can read the whole filing <a href="http://archive.org/details/3dSystemsV.Formlabs012-cv-03323-mbs">here</a>.  3D Systems is claiming that because Kickstarter takes a cut, it's equally liable.
<blockquote><i>
Upon information and belief, Formlabs and it sales agent Kickstarter knew or
should have known about, or were willfully blind to, 3D Systems' extensive patent rights in the
area of three-dimensional printing and stereolithography, including but not limited to 3D
Systems' U.S. Patent No. 5,597,520 covering improved methods of stereolithographically
forming a three-dimensional object by forming cross-sectional layers of an object from a
material capable of physical transformation upon exposure to synergistic stimulation, by virtue
of their sales of machines touted by Formlabs as using "stereolithography (SL) technology,"
which is a technology invented and extensively patented by 3D Systems and its founder Charles
Hull.
</i></blockquote>
The accusations against Kickstarter are really ridiculous -- suggesting that it encouraged infringement:
<blockquote><i>
Upon information and belief, Kickstarter contributes to the infringement of the
'520 Patent by offering to sell and selling within the United States the Form 1 3D printer which is
an apparatus for use in practicing patented processes of the '520 Patent, constituting a material
part of the invention, knowing the same to be especially made or especially adapted for use in an
infringement of the '520 Patent, and the Form 1 3D Printer is not a staple article or commodity of
commerce suitable for substantial noninfringing use.
<br /><br />
Upon information and belief, Kickstarter knowingly or with willful blindness
induced and continues to induce infringement and possessed specific intent to encourage
another's infringement by, or was willfully blind as to the '520 Patent and with respect to, its
activities and Formlabs' activities described above.
</i></blockquote>
Most bizarre of all?  3D Systems claims that because Kickstarter encourages "hacker and maker" projects, it's knowingly encouraging infringement -- as if "hackers and makers" are only about infringement.  This is a really cynical attempt to tie those words to a negative connotation where clearly none is meant.
<blockquote><i>
Upon information and belief, Kickstarter had specific intent to infringe the '520
Patent by virtue of its agency, business and sales arrangement with Formlabs, which had actual
knowledge of the '520 Patent and/or was willfully blind to the existence of the '520 Patent as set
forth in the allegations above.
<br /><br />
Indeed, in Kickstarter's own Guidelines as to "Project must fit Kickstarter's
categories" at http://www.kickstarter.com/help/guidelines?ref=footer, under section 02, under
"View Design and Technology requirements," Kickstarter is actively encouraging "hacker and
maker" companies to make 3D printers for Kickstarter to sell, stating: "Not everything that
involves design or technology is permitted on Kickstarter. While there is some subjectivity in
these rules, we&#8217;ve adopted them to maintain our focus on creative projects:  D.I.Y. We love
projects from the hacker and maker communities (weekend experiments, 3D printers, CNC
machines) and projects that are open source. Software projects should be run by the developers
themselves."
</i></blockquote>
I've read those paragraphs over a few times and I still can't see what the issue is there.  How is supporting hackers and makers somehow evidence of "intent to infringe"?
<br /><br />
Either way, 3D Systems has now permanently placed itself into the category of companies not worth ever doing business with.  Suing Kickstarter just because a competitor was selling a better, cheaper 3D printer and you got jealous?  Shameful.<br /><br /><a href="http://www.techdirt.com/articles/20121121/14111021117/company-sues-kickstarter-over-3d-printer-patent-maligns-hackers-makers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121121/14111021117/company-sues-kickstarter-over-3d-printer-patent-maligns-hackers-makers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121121/14111021117/company-sues-kickstarter-over-3d-printer-patent-maligns-hackers-makers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-is-ridiculous</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121121/14111021117</wfw:commentRss>
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<pubDate>Wed, 26 Sep 2012 08:56:00 PDT</pubDate>
<title>Shockingly, Kickstarter Doesn't Work For Every Movie (Psst: Neither Does The Old System)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120925/23204520514/shockingly-kickstarter-doesnt-work-every-movie-psst-neither-does-old-system.shtml</link>
<guid>http://www.techdirt.com/articles/20120925/23204520514/shockingly-kickstarter-doesnt-work-every-movie-psst-neither-does-old-system.shtml</guid>
<description><![CDATA[ Internet contrarian Evgeny Morozov has built something of a career out of being the online curmudgeon du jour when it comes to being skeptical about those who see benefits and opportunity on the internet today.  So it comes as little surprise that he's now turned his "hype deflater ray" on Kickstarter, in an article for Slate that <a href="http://www.slate.com/articles/technology/future_tense/2012/09/kickstarter_s_crowdfunding_won_t_save_indie_filmmaking_.single.html" target="_blank">tries to bash Kickstarter for not funding every possible movie</a>.  I'm not joking.  That's about the extent of the critique.  He cites a study that finds that certain types of movies do well on Kickstarter (and other similar platforms), while others don't.  Uh.  Yeah.
<blockquote><i>
...this revolution has a few mitigating circumstances. First, Kickstarter might produce many new documentaries, but the odds are that those documentaries will be of a very particular kind (this critique also applies to other sites in this field like indiegogo.com, sponsume.com, crowdfunder.co.uk, pledgie.com). They are likely to be campaign and issue-driven films in the tradition of </i>Super Size Me<i> or </i>An Inconvenient Truth<i>. Their directors seek social change and tap into an online public that shares the documentary's activist agenda. A documentary exploring the causes of World War I probably stands to receive less&#8212;if any&#8212;online funding than a documentary exploring the causes of climate change.
</i></blockquote>
I see.  And does the "old" system of Hollywood regularly make documentaries exploring the causes of World War I?  I'm really not sure I understand how this is a criticism at all.  Unless a platform can fund <em>any and all</em> types of movies, it's not really that big of a deal?  Under those conditions, nothing is particularly good.  Basically, what this paragraph seems to argue is that, "gee, Kickstarter is good at funding projects that lots of people want to see, but not so good at funding projects that people aren't as interested in."  I'm not sure that's a critique.  It seems to be <i>the purpose</i> of the site itself.
<blockquote><i>
Second, some films require significant startup costs (think drama-documentaries or history movies) or involve considerable legal risks that may be hard to price and account for. Say you are making a film that includes an undercover investigation of the oil industry. When you have the BBC's lawyers backing you up, you'll probably take many more risks than when you are relying on crowdfunding. But if Kickstarter is your platform of choice, you'll probably forgo venturing into the thorny legal issues altogether. 
</i></blockquote>
I'm curious to know if there's any actual evidence to support this argument.  One could just as easily claim that when your project has the backing of a big corporation with liability-averse lawyers, you're a lot less likely to be allowed to take risks, than when you rely on crowdfunding.  I don't know which is true (though having spent too much time around movie industry lawyers, I'm pretty sure my statement is a hell of a lot more accurate than Morozov's), but where is the actual data to support this bizarre claim?
<br /><br />
There are further complaints that seem equally silly.  For example, Morozov points out that someone raised money on Kickstarter to help get his film on physical screens in movie theaters -- and that's somehow proof that Kickstarter isn't that special, since the "old" way of showing a movie is still involved.  I'm at a loss as to how any of this is mutually exclusive.  There is nothing inherent to Kickstarter that says if you use it, you can only do things online.  What's wrong with using it to show a film in theaters?
<br /><br />
All in all, this seems a lot like Morozov set up what he thinks Kickstarter should be about -- and then knocked that down.  In the logical fallacy world, that's known as a <a href="http://yourlogicalfallacyis.com/strawman" target="_blank">strawman</a>.<br /><br /><a href="http://www.techdirt.com/articles/20120925/23204520514/shockingly-kickstarter-doesnt-work-every-movie-psst-neither-does-old-system.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120925/23204520514/shockingly-kickstarter-doesnt-work-every-movie-psst-neither-does-old-system.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120925/23204520514/shockingly-kickstarter-doesnt-work-every-movie-psst-neither-does-old-system.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pointless-articles</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120925/23204520514</wfw:commentRss>
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<pubDate>Mon, 24 Sep 2012 12:40:00 PDT</pubDate>
<title>Unfortunate: Kickstarter's Overaggressive Reaction To DMCA Notices</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120923/19142720473/unfortunate-kickstarters-overaggressive-reaction-to-dmca-notices.shtml</link>
<guid>http://www.techdirt.com/articles/20120923/19142720473/unfortunate-kickstarters-overaggressive-reaction-to-dmca-notices.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/user/naeblis">Tim K</a> alerts us to an interesting story at Wired concerning <a href="http://www.wired.com/design/2012/09/kickstarter-takedowns/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Top+Stories%29" target="_blank">how Kickstarter handles DMCA takedown notices</a>.  The answer: not well.  It seems to take DMCA notices at face value... and then immediately make the project disappear.  It does not put up a notice that the project was taken down due to a DMCA notice.  It does not alert backers of the project.  It does not make it easy for the project owner to alert the backers of the project, or to accelerate the counternotice process. This is unfortunate.
<br /><br />
While the story mentions that Kickstarter has disappeared at least 5 projects due to DMCA takedowns, the one it focuses on is a very recent one -- a project by a new design company called Vinted Bags, makers of interesting vintage-style leather goods (the same business my grandfather was in -- though, when he did it, the products weren't "vintage").  Vinted had put up a Kickstarter project that blew past its target, and seemed to get <a href="http://www.details.com/blogs/daily-details/2012/08/vinted-goods-kickstarter-mens-bags-leather-goods.html" target="_blank">plenty of attention</a>.  And then, just hours before it was funded, it disappeared, <a href="http://www.kickstarter.com/projects/446805249/vinted-bags-and-leather-goods-essentials-for-explo" target="_blank">replaced with a page</a> that says: "Sorry, this project is no longer available."
<br /><br />
This is the same Kickstarter who also <a href="http://www.kickstarter.com/help/faq/creator%20questions#HowLongDoesAProjRemaOnKick" target="_blank">claims</a>: 
<blockquote><i>
Projects are not closed or taken down, they remain on site for reference and transparency.
<br /><br />
For the same reasons, projects cannot be deleted, even if they were canceled or unsuccessful.
</i></blockquote>
Except, apparently, if someone files a hugely questionable DMCA takedown...  The Vinted team <a href="http://vintedgoods.com/pr" target="_blank">provides some troubling background info</a> on its own site.  First, it notes that two Vinted designers did an unpaid internship with a bag company, where they worked and learned for a few months, considering the founder of that company to be a mentor.  Months later, after that internship had ended, they founded Vinted.  They worked on that for a while, and it was only once the Kickstarter project took off and got attention that suddenly the legal threat showed up:
<blockquote><i>
 Then we received a letter from a law firm; a cease and desist letter from the mentor with threats to sue. We were very surprised. It consisted accusations of infringement from the mentor. He laid claims to a number of our designs such as our website utilizing a top navigation bar, our photo of the designer operating a sewing machine, etc.
</i></blockquote>
Note that there are no accusations concerning the products themselves.  While Vinted doesn't name the guy, the Wired article names Spencer Nikosey, who runs Killspencer.  Looking over their products, there doesn't seem to be any copying there.  While there are a few similar bags, they are pretty standard and Vinted's are distinguished by their use of leather patches.  In terms of website design, there are some similarities, but nothing that should come close to meeting the qualifications to be copyrighted (remember, copyright covers the actual expression, not the idea).  Ditto a photo of the designer operating a sewing machine, which is obviously not infringing.  Even if the ideas are similar, that's not infringement.
<br /><br />
And yet... Kickstarter took the project down.  Again, I'm having trouble understanding why it would do so.  You <i>might</i> be able to make an argument that <i>if</i> Spencer Nikosey had claimed that the products themselves were infringing, Kickstarter should take it down -- but even then, there should be a clear notification from Kickstarter to its users about what happened, as well as a notice on the site (a la YouTube) highlighting why the project no longer existed.
<br /><br />
But, in this case, even that doesn't apply, because there is no infringement in the product.  Instead, the concerns appear to be about web design and how the company is presenting itself.  But Kickstarter doesn't host Vinted's website.  And if there was concern about certain images, at most, Kickstarter should just remove the image in question, rather than the entire project.  The whole thing seems quite crazy and a case where Kickstarter both <i>could have</i> and <i>should have</i> stood up for itself, for Vinted and for its users, and told Nikosey "too bad."  Instead it pulled the project.
<br /><br />
Vinted has filed a counternotice, and Kickstarter passed it on to Nikosey.  If Kickstarter is following the DMCA counternotice process, it <i>should</i> put Vinted's project back online on September 27th -- unless Nikosey goes to court and files a lawsuit against Vinted, seeking an injunction barring the return of the campaign.  Of course, Kickstarter could also realize that the original takedown appeared questionable and put the campaign back.  What's not clear, however, is how that would work.  There were just a few hours left in the campaign before the plug was pulled.  Would they put it back with a few more hours?  A few extra days?  Or would they just charge those who bid?  Hopefully they <i>can</i> put it back, and didn't just delete the whole thing.
<br /><br />
Looking over the details, it's difficult to see this as anything other than yet <i>another</i> in a long line of unfortunate examples of companies or individuals using the DMCA to stifle competition, rather than for any sort of legitimate purpose.  That Kickstarter is complicit in this process is unfortunate, because it need not be.  There are better ways to handle such situations and it's a shame Kickstarter has chosen not to do so.<br /><br /><a href="http://www.techdirt.com/articles/20120923/19142720473/unfortunate-kickstarters-overaggressive-reaction-to-dmca-notices.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120923/19142720473/unfortunate-kickstarters-overaggressive-reaction-to-dmca-notices.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120923/19142720473/unfortunate-kickstarters-overaggressive-reaction-to-dmca-notices.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>could-be-handled-much-better</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120923/19142720473</wfw:commentRss>
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<pubDate>Fri, 21 Sep 2012 14:31:00 PDT</pubDate>
<title>Kickstarter Introduces New Rules To Try To Limit Disappointment</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120921/13281620462/kickstarter-introduces-new-rules-to-try-to-limit-disappointment.shtml</link>
<guid>http://www.techdirt.com/articles/20120921/13281620462/kickstarter-introduces-new-rules-to-try-to-limit-disappointment.shtml</guid>
<description><![CDATA[ There have been a few stories of late about the possibility of <a href="http://www.techdirt.com/blog/casestudies/articles/20120828/01200720176/inevitable-crowdfunding-backlash-when-people-realize-projects-fail-change.shtml">backlash</a> over failed Kickstarter projects.  After all, for all the cool things about Kickstarter, anyone investing in a project there <i>is</i> taking a risk, and some of that risk leads to dashed expectations.    Kickstarter has apparently been taking those concerns quite seriously, and issued <a href="http://www.kickstarter.com/blog/kickstarter-is-not-a-store" target="_blank">some rule changes directed at hopefully limiting the disappointment factor</a> for supporters of physical products, mainly by doing more to highlight the risks and current state of the offerings.
<br /><br />
New projects will be required to detail what the risks and challenges of the project are, and how they intend to overcome them.  It should be pretty interesting to see how those sections turn out.  To be honest, I could actually see that being really <i>useful</i> for people behind these projects, as it's not uncommon for enthusiastic creators to not even want to confront the risks and challenges they're facing.  Forcing them to do so will hopefully lead to more realistic assessments of what can be done.
<br /><br />
The other rule changes seem a bit strange to me, and I'm not sure they'll be as effective.  The first is to ban renderings or simulations of products:
<blockquote><i>
<li>Product simulations are prohibited. Projects cannot simulate events to demonstrate what a product might do in the future. Products can only be shown performing actions that they&#8217;re able to perform in their current state of development.</li>
<li>Product renderings are prohibited. Product images must be photos of the prototype as it currently exists.</li>
</i></blockquote>
I can certainly understand <i>why</i> they're doing this, as it will clearly give a much more realistic picture of where things are at the moment.  But it seems like requiring renderings and simulations to be <i>clearly marked</i> as such might be a more effective solution -- along with showing what the actual current state of the technology is.  Since many of these projects need money to finalize development, it seems fair to show what they intend the final product to look like.
<br /><br />
The other ban is on offering multiple quantities of a reward, unless it really only makes sense that way (like where you need a pair of devices to make something work).  That's to reinforce the idea that this isn't a "store" for pre-buying things, but to really get people to invest in the project itself.  While it does often feel that projects got a bit lazy with upper tiers that were little more than "5 of x," I'm also not sure that this one really makes that much sense.  Kickstarter defends the decision this way:
<blockquote><i>
The development of new products can be especially complex for creators and offering multiple quantities feels premature, and can imply that products are shrink-wrapped and ready to ship.
</i></blockquote>
I understand the line of thinking... but I could see that taking away value from potential buyers who are willing to take the risk and buy in on a product early, where they'd like multiple quantities.
<br /><br />
Either way, it's fascinating to watch how Kickstarter continues to evolve -- and to note that the company (as it has for a long time) seems very keen on listening to what people are saying, and figuring out reasonable ways to avoid any problems.<br /><br /><a href="http://www.techdirt.com/articles/20120921/13281620462/kickstarter-introduces-new-rules-to-try-to-limit-disappointment.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120921/13281620462/kickstarter-introduces-new-rules-to-try-to-limit-disappointment.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120921/13281620462/kickstarter-introduces-new-rules-to-try-to-limit-disappointment.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>some-good,-some-bad</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120921/13281620462</wfw:commentRss>
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<pubDate>Fri, 21 Sep 2012 08:23:02 PDT</pubDate>
<title>More Evidence That Legacy Gatekeepers Just Don't Understand Modern Business Models</title>
<dc:creator>Zachary Knight</dc:creator>
<link>http://www.techdirt.com/articles/20120919/19590220440/more-evidence-that-legacy-gatekeepers-just-dont-understand-modern-business-models.shtml</link>
<guid>http://www.techdirt.com/articles/20120919/19590220440/more-evidence-that-legacy-gatekeepers-just-dont-understand-modern-business-models.shtml</guid>
<description><![CDATA[ For a while now, we have written about how legacy gatekeepers need to adapt to modern culture and business models if they want to survive. The primary point of contention that keeps many of these companies from adapting is one of control. Many of them don&#39;t want to lose what remnants of control they have left in order to become <a href="http://www.techdirt.com/articles/20110927/01281116105/no-internet-doesnt-do-away-with-middlemen-it-just-changes-their-role.shtml">enablers</a>. This mindset is what will be the death of many companies as the world moves on without them.<br />
<br />
Some companies are making at least a half-hearted, if not completely misguided, attempt at trying to be hip. However, it seems to have been about as successful as a 60 year-old trying to use modern slang in order to connect with kids. Take for instance this recent comment by Obsidian CEO Feargus Urquhart in which <a href="http://www.develop-online.net/news/42017/Obsidian-accuses-publishers-of-abusing-Kickstarter" target="_blank">he describes an exchange he had with a publisher about Kickstarter</a>.
<blockquote>
<i>We were actually contacted by some publishers over the last few months that wanted to use us to do a Kickstarter.</i><br />
<br />
<i>I said to them &lsquo;So, you want us to do a Kickstarter for, using our name, we then get the Kickstarter money to make the game, you then publish the game, but we then don&#39;t get to keep the brand we make and we only get a portion of the profits&rsquo; They said, &lsquo;Yes&rsquo;.</i></blockquote>
If you can&#39;t see the huge glaring flaw in the unnamed publisher&#39;s approach, let me elaborate. This publisher wanted to use Kickstarter as the funding source for an as yet unidentified project, while still keeping every other aspect of the traditional publisher/developer relationship intact. This means that the publisher would pay no money upfront, limiting almost all risk for the success of the project, while reaping all the rewards. Seriously.<br />
<br />
While it is great that this publisher had become aware of Kickstarter and its potential for <a href="http://www.techdirt.com/blog/casestudies/articles/20120208/23505717705/people-rushing-to-give-hundreds-thousands-dollars-just-hours-brand-new-adventure-game.shtml">success</a>, the fact remains that those in charge do not understand it in the slightest. The draw of Kickstarter and other crowdfunding services is to help <i>creators</i> fund their works and bring them to market. Few potential backers will be willing to support a project in which the creator loses all rights and control of the work after creation. These services are about empowering creators. A deal, such as the one above, in no way empowers the creator.<br />
<br />
Hopefully, this is just a simple misstep as the publisher learns to walk the unfamiliar path of a new business model. We can hope that this publisher learns from this mistake and will take the time to better understand the culture behind crowdfunding and can find success by adapting itself to this culture rather than trying to shoehorn crowdfunding into its current business strategy. Because if it isn&#39;t willing to adapt, it might as well give up now.<br /><br /><a href="http://www.techdirt.com/articles/20120919/19590220440/more-evidence-that-legacy-gatekeepers-just-dont-understand-modern-business-models.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120919/19590220440/more-evidence-that-legacy-gatekeepers-just-dont-understand-modern-business-models.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120919/19590220440/more-evidence-that-legacy-gatekeepers-just-dont-understand-modern-business-models.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-not-that-hard</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120919/19590220440</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 10 Sep 2012 20:05:00 PDT</pubDate>
<title>Kickstarter Campaign To Fund New Short Stories For The Public Domain</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120910/02130720323/kickstarter-campaign-to-fund-new-short-stories-public-domain.shtml</link>
<guid>http://www.techdirt.com/articles/20120910/02130720323/kickstarter-campaign-to-fund-new-short-stories-public-domain.shtml</guid>
<description><![CDATA[ Ross Pruden, who has <a href="http://www.techdirt.com/user/rosspruden">written for Techdirt</a> occasionally, is a filmmaker/storyteller who is experimenting with Kickstarter to <a href="http://www.kickstarter.com/projects/rosspruden/dimeword-funding-public-domain-literature" target="_blank">fund a bunch of short stories for the public domain</a>.  For $10 he'll write a short story specifically for you.  For just $1, you'll get sent an email with all of the stories before they're officially released.   As he says, this is a pretty simple experiment that he's hoping to learn from.  He's already reached his target goal, but if you'd like to help expand the public domain for just $10, why not check it out?<br /><br /><a href="http://www.techdirt.com/articles/20120910/02130720323/kickstarter-campaign-to-fund-new-short-stories-public-domain.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120910/02130720323/kickstarter-campaign-to-fund-new-short-stories-public-domain.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120910/02130720323/kickstarter-campaign-to-fund-new-short-stories-public-domain.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-miss-out</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120910/02130720323</wfw:commentRss>
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<pubDate>Wed, 29 Aug 2012 03:11:00 PDT</pubDate>
<title>The Inevitable Crowdfunding Backlash When People Realize Projects Fail &amp; Change</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20120828/01200720176/inevitable-crowdfunding-backlash-when-people-realize-projects-fail-change.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20120828/01200720176/inevitable-crowdfunding-backlash-when-people-realize-projects-fail-change.shtml</guid>
<description><![CDATA[ We've been unabashed champions of crowdfunding and platforms like Kickstarter for quite some time now, though we've also tried to <a href="http://www.techdirt.com/blog/casestudies/articles/20120723/00455919791/no-99-all-filmmakers-shouldnt-crowdfund-awful-lot-should-be-testing-it-out.shtml">temper</a> some of the hype.  A little over two years ago, for example, we used the story of the open social network Diaspora as a <a href="http://www.techdirt.com/blog/entrepreneurs/articles/20100621/0153299884.shtml">possible warning</a> for some of the initial excitement about projects.  Much of that comes from just knowing what entrepreneurs go through: the initial idea is exciting, but <i>things change over time</i>, and expectations change... and some projects fail.  When you're dealing with investors, that's one thing -- they're sort of designed to expect such a thing.  But crowdfunding had a different vibe.  Because people got so excited in <i>the idea</i> and really (quite literally) bought into it, we worried that as some projects failed, it might lead to a serious backlash.
<br /><br />
It may be a coincidence that we highlighted this risk with Diaspora (one of the first Kickstarter projects to go really "big") a couple years ago... but it's possible that our worries are coming true.  Last week, I saw a report from Liz Gannes at AllThingsD, which suggested that the Diaspora team was focusing on <a href="http://allthingsd.com/20120816/diasporas-next-act-social-remixing-site-makr-io/" target="_blank">something completely different</a>, a "collaborative web remixing tool" called <a href="https://makr.io/" target="_blank">Makr.io</a>.  The team definitely went through some <a href="http://allthingsd.com/20111114/public-memorials-for-diaspora-co-founder-ilya-zhitomirskiy-to-be-held-this-weekend/" target="_blank">significant hardships</a> so it's not that surprising that they've shifted gears.  Given that story, it's hardly a surprise that they're now officially <a href="http://blog.diasporafoundation.org/2012/08/27/announcement-diaspora-will-now-be-a-community-project.html" target="_blank">"handing control of the project over to the community."</a>  They claim they'll still be playing an important role, but it seems pretty clear this is an effective withdrawal from the project, which never really caught on the way some people hoped.
<br /><br />
And, of course, this isn't just limited to Diaspora.  Bloomberg recently had a (well-timed) story highlighting how an awful lot of successful Kickstarter projects, at the very least, <a href="http://www.bloomberg.com/news/2012-08-21/kickstarter-s-funded-projects-see-some-stumbles.html" target="_blank">don't meet their deadlines</a> to actually make or ship a product.  This has turned at least some people off to the service, which (again) is unfortunate.
<br /><br />
Of course, these kinds of platforms are only a few years old, and of course they're going to go through growing pains.  I hope that, as they continue to grow and find success, at least there's some greater recognition -- and public admission -- of the potential risks involved, so that they don't take people by surprise, and that people understand that as much as they love an idea, execution is the truly hard part.  Investing in the idea is great, but there's a risk involved that the end result won't match the snazzy video that the team put together for Kickstarter in the first place.<br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20120828/01200720176/inevitable-crowdfunding-backlash-when-people-realize-projects-fail-change.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20120828/01200720176/inevitable-crowdfunding-backlash-when-people-realize-projects-fail-change.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20120828/01200720176/inevitable-crowdfunding-backlash-when-people-realize-projects-fail-change.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>early-excitement-can-lead-to-disillusionment</slash:department>
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<pubDate>Fri, 24 Aug 2012 00:05:36 PDT</pubDate>
<title>A 'Too Polished' Kickstarter Video Is No Substitute For Connecting With Fans</title>
<dc:creator>Zachary Knight</dc:creator>
<link>http://www.techdirt.com/blog/casestudies/articles/20120823/12152520139/too-polished-kickstarter-video-is-no-substitute-connecting-with-fans.shtml</link>
<guid>http://www.techdirt.com/blog/casestudies/articles/20120823/12152520139/too-polished-kickstarter-video-is-no-substitute-connecting-with-fans.shtml</guid>
<description><![CDATA[ Kickstarter has become a powerful tool for artists and creators to take their future in their own hands and succeed or fail by their own merits. While a Kickstarter based business is not a guaranteed success, it is one of the many powerful tools for that purpose we highlight here on Techdirt. Much like any other business model, running a successful Kickstarter campaign takes a lot of work and a lot of speculation about what your potential fans and backers expect. With all this in mind, it is great when people, who attempt a Kickstarter, share their experiences, whether good or bad.<br />
<br />
Over at Gamasutra, one such creator, Ryan Payton, <a href="http://www.gamasutra.com/view/feature/176187/how_camouflaj_saved_rpubliques_.php" target="_blank">shares his experience running the recently successful Kickstarter</a> campaign for <a href="http://www.kickstarter.com/projects/486250632/republique-by-camouflaj-logan" target="_blank">Republique</a>. As Ryan explains this Kickstarter was not an easy success.
<blockquote>
<i>I was driving across Seattle&#39;s 520 bridge on a beautiful, sunny afternoon on the third day of our Kickstarter campaign, dazed and confused, and momentarily considered hitting the red "abort mission" button on our whole Kickstarter. Fifty-five hours into our campaign and we had only gathered 11 percent of our funding goal.</i></blockquote>
It was this moment that he realized that he needed to figure out why it was not going as smoothly as he expected. While he lists a number of reasons for why the campaign was struggling and what he did to turn it around and eventually succeed, it was his first discussion point that took me by surprise. One of the reasons he felt his campaign was not succeeding was that many people thought the campaign was "too polished."
<blockquote>
<i>A week into our campaign, we were surprised to see dozens of comments online from people saying: "Look at that game, look at how expensive their video looks... They don&#39;t need our money." Meanwhile, our company bank account was getting dangerously low.</i><br />
<br />
<i>As I sought out reasons as to why our campaign wasn&#39;t resonating, I realized that people were put off by how polished everything looked. This was disappointing because, yes, in fact, we worked extremely hard to make everything as professional as possible.</i></blockquote>
This has been one critique of Kickstarter we have seen come up from <a href="http://www.techdirt.com/articles/20110605/23455014559/is-it-bad-when-rich-famous-use-things-like-kickstarter.shtml">time to time</a>. If potential backers feel that the person asking for money doesn&#39;t really need it, they will complain and withhold their money. This is an unfortunate attitude for people to take because it really doesn&#39;t matter who you are and if you "need the money." What matters is that you are using the campaign to connect with fans and get the money needed to succeed where you need to.
<blockquote>
<i>Initially, I was frustrated at the "too polished" complaints, especially when I remembered the late nights and weekends Craig Cerhit put into our video content. I often thought about the rich guys on Kickstarter intentionally making rough-looking webcam videos to appeal to peoples&#39; charitable instincts and subsequently pull in six or seven figures in pledges. </i></blockquote>
Based on what I have read about running a successful campaign, having a quality campaign video is one of the primary ways to reach your goal.  Even Kickstarter tells people that having a good video <a href="http://www.kickstarter.com/help/school/making_your_video" target="_blank">is helpful</a> in making a project successful. If your video is utter crap, people will lose interest. But is there really such a thing as having a too polished video turn off fans? Honestly, there is no reason why it should be an issue. Having a high quality video shows off the love you have for your project. That is the important thing to convey to the public and especially to build a report with them. Something that Ryan learned as the clock was running down on the campaign as his team prepared both a new video and a Livestream event on the last day.
<blockquote>
<i>Instead of focusing the team on Kickstarter success or failure, we decided to host a Livestream party for the final three hours of the campaign and just have fun regardless if we hit our funding goal. Too distracted to work on the game, the team started prepping food and activities for a big online thank you party for the community. At the time, over 7,000 people had pledged a total of $355,000 towards our game. We wanted to thank them, even if we failed and didn&#39;t receive the money.</i><br />
<br />
<i>What transpired what something I was dreading the entire month: dozens of articles with headlines like "R&eacute;publique May Miss Kickstarter Goal." While I was anxious about that negative press, it was calling renewed attention to our campaign, which we smartly prepared for: we uploaded an entirely new debut pitch video that reviewed all of the news from the past 30 days (PC &#038; Mac announce, David Hayter &#038; Jennifer Hale), showed new gameplay footage, and addressed all the feedback we got from the community. We slapped a "New Video!" sticker on the top of our page, welcomed all the new and returning visitors, and crossed our fingers that this time they would pledge.</i></blockquote>
What happened in that last day was an amazing turn around for Ryan and his team. They managed to complete the goal of $500,000 and then some. An excellent ending for what looks to be a great game.<br />
<br />
So what exactly turned this campaign around? Ryan and his team did a whole lot of prep work prior to launching but all that prep work did little toward the final goal. What Ryan learned and highlighted in his other points was the importance of engagement with the community in order to connect.
<blockquote>
<i>The final three-hour Livestream was the best idea we ever had. We don&#39;t know if the 4,500 views sparked increased pledges, and we didn&#39;t care -- <b>it was all about connecting and celebrating with the thousands of dedicated backers and enjoying the victory together.</b> By the time the clock struck zero, we were at $555,512 and hugging each other.</i></blockquote>
I don&#39;t really know how many different ways we can say it. "<a href="http://www.techdirt.com/blog/casestudies/articles/20120209/10092617711/if-people-like-you-your-work-theyll-pay-if-they-like-your-work-dont-like-you-theyll-infringe.shtml">If people like you and your work, they&#39;ll pay</a>." CwF+RtB. <a href="http://www.techdirt.com/blog/casestudies/articles/20120210/02273417726/how-being-more-open-human-awesome-can-save-anyone-worried-about-making-money-entertainment.shtml">Being Open, Human and Awesome</a>. And many more iterations on the same theme. The fact remains, this concept is integral to success.<br /><br /><a href="http://www.techdirt.com/blog/casestudies/articles/20120823/12152520139/too-polished-kickstarter-video-is-no-substitute-connecting-with-fans.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20120823/12152520139/too-polished-kickstarter-video-is-no-substitute-connecting-with-fans.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/casestudies/articles/20120823/12152520139/too-polished-kickstarter-video-is-no-substitute-connecting-with-fans.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>true-success</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120823/12152520139</wfw:commentRss>
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<pubDate>Thu, 9 Aug 2012 16:12:52 PDT</pubDate>
<title>Amazon Stops Processing Payments For Crowdfunding Platform For Creative Commons Books</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120809/09213019977/amazon-stops-processing-payments-crowdfunding-platform-creative-commons-books.shtml</link>
<guid>http://www.techdirt.com/articles/20120809/09213019977/amazon-stops-processing-payments-crowdfunding-platform-creative-commons-books.shtml</guid>
<description><![CDATA[ So this is a bit strange.  <a href="https://unglue.it/" target="_blank">Unglue.it</a> is a cool crowdfunding platform that focuses on raising money for authors/rightsholders so that they'll release an edition of their books under a Creative Commons license.  We've seen a few similar offerings, but Unglue.it seemed really interesting (and to be getting some attention/traction).  Basically, they would work with rightsholders, to find out at what price they'd be willing to put their works out under a Creative Commons license, and then try to crowdfund that amount.  Neat idea.  However, as <a href="https://twitter.com/M2Ys4U/statuses/233586344557957120" target="_blank">Jack Allnutt</a> alerts us, despite having already been processing payments for Unglue.it, Amazon has <a href="http://blog.unglue.it/2012/08/09/open-thread-amazon-forces-unglue-it-to-suspend-crowdfunding-for-creative-commons-ebooks/" target="_blank">cut the service off</a>, with a bizarre claim about how they don't want to work with any new crowdfunding platforms:
<blockquote><i>
Amazon Payments has informed us that they will no longer process pledge payments for <a href="https://unglue.it">Unglue.it</a>, forcing us to suspend all active ungluing campaigns. According to a Senior Account Manager at Amazon, Amazon has decided against &#8220;boarding fresh crowdfunding accounts at this time&#8221;. Amazon has been providing <a href="http://blog.unglue.it/2012/05/03/unglue-it-payment-options-amazon-vs-paypal/">payment services for Unglue.it</a>, as it does for the popular crowdfunding site Kickstarter.
</i></blockquote>
Of course, that statement doesn't make much sense, given that it was already processing payments for Unglue.it.  In fact, part of this news was that Amazon is requiring Unglue.it to void all payments for existing campaigns (i.e., those not yet funded).  So the idea that this is about not "boarding fresh crowdfunding accounts" doesn't make much sense.  Amazon has been the only choice for payments on Kickstarter since the beginning, and that seems to have gone well, so it's odd that they're now cutting off others (and, of course, opens up Amazon to wild conspiracy theories).  I contacted Amazon to get their side of the story, and they provided the following comment:
<blockquote><i>
We support a wide variety of businesses, but we have regulatory obligations as a licensed money services business for how we operate. Unfortunately, Unglue.it&#8217;s model is not the same as some other crowdfunding services and at this time does not allow us to meet those obligations.
</i></blockquote>
That statement makes this all the more... confusing.  They're clearly implying that there are regulatory issues preventing them from supporting Unglue.it, though I'm not sure I can think of what the concern here might be.  There have been some regulatory issues around <i>equity</i> funding via crowdfunding, but that doesn't seem to be an issue here.  If they're just working out deals for licensing books... I'm at a complete loss.<br /><br /><a href="http://www.techdirt.com/articles/20120809/09213019977/amazon-stops-processing-payments-crowdfunding-platform-creative-commons-books.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120809/09213019977/amazon-stops-processing-payments-crowdfunding-platform-creative-commons-books.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120809/09213019977/amazon-stops-processing-payments-crowdfunding-platform-creative-commons-books.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>weird</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120809/09213019977</wfw:commentRss>
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<item>
<pubDate>Thu, 2 Aug 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: DIY Space Satellites</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100901/10193510858/dailydirt-diy-space-satellites.shtml</link>
<guid>http://www.techdirt.com/articles/20100901/10193510858/dailydirt-diy-space-satellites.shtml</guid>
<description><![CDATA[ It's getting easier and easier to send stuff into low earth orbit, and more folks seem to be interested in doing it. So not surprisingly, there is a growing number of projects that offer to perform amateur experiments on small satellites. For students, the opportunity to send up experiments into space has been around for at least a couple years (via the <a href="http://ssep.ncesse.org/">Student Spaceflight Experiment Program</a>), but now almost anyone can participate in a space experiment. Here are just a few examples.

<ul>
<li> <a title="http://www.kickstarter.com/projects/880837561/skycube-the-first-satellite-launched-by-you" href="http://kck.st/Og9UYT">SkyCube is a satellite project on Kickstarter with $1 sponsoring 10 seconds of the mission.</a> For just $6, you can broadcast six 120-character messages from space! [<a href="http://www.kickstarter.com/projects/880837561/skycube-the-first-satellite-launched-by-you">url</a>]</li>

<li> <a title="http://www.kickstarter.com/projects/1569698176/1000-student-projects-to-the-edge-of-space" href="http://kck.st/NtPvkT">Whatever you can fit inside a ping pong ball can be sent up to the edge of space (100,000 feet) -- and anyone can make a PongSat.</a> Presumably, though, they won't let you fill your ping pong ball with a combustible propellant and an altimeter trigger.... [<a href="http://www.kickstarter.com/projects/1569698176/1000-student-projects-to-the-edge-of-space">url</a>]</li>

<li> <a title="http://www.kickstarter.com/projects/575960623/ardusat-your-arduino-experiment-in-space" href="http://kck.st/SSQJW0">The ArduSat Mission has completed its Kickstarter campaign and put up a list of experiment ideas that could be run on its Arduino-based satellite.</a> Some of the <a href="https://docs.google.com/file/d/0B4hRbWIH9kinS3FfOElJTU5Gc00/edit#">suggestions</a> for experiments/apps aren't too exciting, but there's also a prize of $1,500 for the most innovative experiment or app for the ArduSat -- so someone is bound to come up with a few more ideas. [<a href="http://www.kickstarter.com/projects/575960623/ardusat-your-arduino-experiment-in-space">url</a>]</li>

</ul>




If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100901/10193510858/dailydirt-diy-space-satellites.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100901/10193510858/dailydirt-diy-space-satellites.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100901/10193510858/dailydirt-diy-space-satellites.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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