Derek Smart · @dsmart
14th Jun 2016 from TwitLonger
More on the new Star Citizen ToS. It's bad...
As you all know, RSI/CIG changed the ToS when they released the latest 2.4 patch. The changes are clearly designed to screw existing backers who agree to it.
I have a synopsis in this thread:
http://www.dereksmart.org/forums/topic/star-citizen-tos/
As this happened over the weekend, the ramifications of what they have done are only now being analyzed and discussed.
It's horrid.
Aside from the fact that they removed two (refunds, financial accountability for non-delivery) key provisions of the previous ToS, changing the corporate entity from CIG to RSI was puzzling at first.
After speaking with my attorneys, we view this move as an attempt to shift liability (lawsuits, creditors, investors etc) from CIG, and to the subsidiary (RSI). This is a common tactic used when businesses are setup. In fact, it clearly explains all these entities associated with this project. In this case, when this project collapses - as I am certain that it will, seeing as they can't deliver it as promised - CIG (which is the parent) will be shielded from the lawsuits and liabilites of RSI. However, according to the law, in cases where fraud is uncovered, there is no such protection.
In the meantime, if you ever want legal recourse, do NOT download the 2.4 patch and do NOT do ANYTHING on their site and/or services in which you are required to agree to this new ToS. The only way you are able to give expressed consent, is if you download the 2.4 game launcher and press the AGREE button. Visiting the website, sending them emails, opening support tickets etc do not convey consent.
TO BE CLEAR: This new ToS only applies to i) new backers from this date forward who download the game and agree to the new ToS ii) existing backers who are presented (e.g. in the game launcher) with the new ToS, and which they have to agree to