Elite Kickstarter Project
As some of may know Steve Wilcox of Elite is currently close to raising ?60k via Kickstarter to begin manufacturing a USB spectrum keyboard. I have grave concerns in regard to this endeavour not because of the nature of the project but rather because of Mr Wilcox himself. I signed an agreement with him over 3 years ago enabling Elite to use Dynamite Dan I & II in their mobile apps but since then I have not seen a single quarterly statement or received any royalties whatsoever. When I first caught wind of his Kickstarter ambitions I started getting in touch with other original devs and bingo! we've all had the same experience. I fear retro gaming fans may think they're investing in the device but in reality of course they're investing in Mr. Wilcox. Based on my experience and that of others I wouldn't trust him as far I could Kickstart him but to be clear this is not about vengeance, merely an attempt to protect members of the spectrum community from disappointment.
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Post edited by reegez on
Comments
https://twitter.com/bobsstuffgames
https://www.facebook.com/bobs.stuff
http://www.bobs-stuff.co.uk
http://www.worldofspectrum.org/forums/showthread.php?t=45240
(P.S. I love Dynamite Dan II, bought it back in the day and it remains one of my favourite platformers on any system. :) Dynamite Dan I was too hard though. :razz:)
Indeed Mr Wilcox is not on my Christmas card list either, I've been fairly public about that....
http://www.livewiredesign.co.uk/category/IP.aspx#sthash.IKIBvy8d.dpbs
As Elite's twitter has never mentioned it, I suspect not one penny from his dodgy copy of Atic Atac has reached GOSH either.
Shocking!! Anyway, Dynamite Dan 1 and 2 were and still are brilliant games. I bought Dynamite Dan 2 on release and still think it's a fantastic game! Shame this sort of thing has to tarnish it all.
Ex-Ocean Software graphic artist -
Download my FREE PDF 'LOAD DIJ DIJ' (180,000+ words): https://ko-fi.com/i/IG2G3BEJZP
ZX Art page: https://zxart.ee/eng/authors/m/mark-r-jones/
https://twitter.com/MarkRJones1970
https://www.facebook.com/OceanSoftwareLtd/
https://www.facebook.com/ultimateptg/
Out of interest, why haven't either of you escalated this, either through the law or via a journalist?
Yeah, so have I. If you go back about in my Twitter feed about 19 days you'll see me ranting and raving about how much I hate them (but you don't have to...just take my word for it). :lol:
Bummer. I even tweeted them a couple of months ago that I hoped they'd crash and burn and go bankrupt. I guess my prayers wasn't met. :-P
Seriously though, I AM really bummed that the Kickstarter was funded. That gives them a new platform to rip off new people and line their own pockets by ripping people off even more.
My games for the Spectrum: Dingo, The Speccies, The Speccies 2, Vallation, SQIJ.
Twitter: Sokurah
B
zx-diagnostics - Fixing ZX Spectrums in the 21st Century (wiki)
Sinclair FAQ Wiki
I Contacted Steve a few months ago and he initially replied in a friendly manner and told me how many copies the game had sold. Then when I asked for him to pay me the royalties based upon those sales I never got a reply.
Steve, if you ever read things on WoS and see this, please pay up. I'll be happy to update this post with a positive conclusion.
Since this seems to not be an isolated incident I think I'll try contacting him again tomorrow.
Yeah, do that. I think we'd all love to hear the reply (if you even get any).
My games for the Spectrum: Dingo, The Speccies, The Speccies 2, Vallation, SQIJ.
Twitter: Sokurah
And perhaps you can relent on your disdain for me now?
I'll happily admit to being wrong if things can be proven. Anyone can claim anything under any name on a forum, but with additional scrutiny by a journalist or a court comes greater credibility. I couldn't take your claims on face value because your claims weren't first-hand and didn't add up. From my POV, this is a contract issue and I haven't seen any contracts, so can only go with balance of probabilities.
At the very least get a journo on your side.
B
zx-diagnostics - Fixing ZX Spectrums in the 21st Century (wiki)
Sinclair FAQ Wiki
Games List 2016 - Games List 2015 - Games List 2014
if other people are having "Issue" with royalty payments , perhaps all contact each other via PM on here.. as well and deal with it as a group.
remember they still have to deliver it on a set date like anyone else. The keyboard thing and payment for licensed games are 2 separate things. much like I will give you a % of a sale that I make featuring a game you made .. but if the game sells nothing , you get nothing also.. but I highly doubt thats the case with others.
Bytes:Chuntey - Spectrum tech blog.
I think you'll find this has been tried. How do you prove to Apple you've not been paid vs. showing a signed contract granting distribution permission?
He's been doing questionable stuff for a long time:
Daley Thompson says "no" to Elite but Wilcox releases a game with his name on it anyway.
http://www.pocketgamer.co.uk/r/iPhone/Daley+Thompson%27s+Decathlon/news.asp?c=45990
Defacing Wikipedia to promote his apps on the Spectrum?s 30th Birthday
http://en.wikipedia.org/w/index.php?title=ZX_Spectrum&oldid=488801011
http://en.wikipedia.org/w/index.php?title=ZX_Spectrum&oldid=488837482 (links at the bottom)
... and stunningly issues a press release admitting it!
http://www.mcvuk.com/press-releases/read/wikipedia-lsquo-tweaked-rsquo-to-celebrate-30th-anniversary-of-launch-of-sinclair-zx-spectrum/094884
All changes were later undone as 'vandalism' by other users.
I've just skimmed his Kickstarter campaign pitch for the keyboard. As an iOS developer myself, most of it doesn't make much sense from a technical view point. I'll post later why. He just appears to be trying to get through on the good will of his backers rather than telling them exactly what they're buying.
Jon.
https://www.moneyclaim.gov.uk/web/mcol/welcome
It's really easy to do. Don't worry that you don't know the sales volumes, if it gets as far as court any judge worth his salt will consider a qualified estimate.
Makes me sick to the stomach that in this day and age people still have these kinds of problems.
Erm, no?
1) It's the same company, therefore all income can (and must) be used for everything else too. If you don't believe me, ask the IRS. :)
2) The Kickstarter has asked everyone to agree to buy the compilations as well, so there's guaranteed 700 extra customers (and extra royalties).
3) The don't have to deliver anything, the Kickstarter only said that they should try their best to deliver. Paying off other people's credit could therefore be one of the requirements (sounds reasonable if that prevents bankruptcy). And yes, that could mean that there's less money left for the machines, but Elite can always ask the contributors again.
Games List 2016 - Games List 2015 - Games List 2014
https://www.gov.uk/wind-up-a-company-that-owes-you-money
That should really make them sit up and notice!
Anything less than that, and the small claims court is probably your best route.
Winding up petitions really do work, BUT they are expensive.
However if they have 60 grand sitting in their bank account that counts in your favour as you'll be able to get the fees back.
My advice (as someone who has been there and has the T Shirt) is don't delay. I really can't stress that enough. I once played nicely with someone who I thought was honest and a nice guy and while I was giving him more time to pay he was cleaning his company out of the cash and I got nothing. I still have a CCJ against this guy but the 3 months extra I gave him to pay up was enough time for him to take all of the cash. Lesson learned.
The great thing about Small Claims is you can set it in motion and can withdraw it at any time. So even if you end up 6 months down the line and with a court date, you can withdraw it if they pay. You only have to pay at each stage of the process as well which keeps costs down. But because the process is lengthy its better to set it in motion and then withdraw than keep on giving the person who owes money extra time.
Then go down the courts/journo route. Unless it was agreed for royalties to be paid in cash, then everything has an audit trail and it would be straightforward to prove or disprove whether or not someone has been paid.
*If* he is in breach of contract then my advice is to start, in the words of my lawyer, "building a paper trail". This is something that you will need to have if you decide to get legal council at some point.
Send him an official registered letter, listing the contractual obligations that he has broken, together with a demand 1) to get a full royalty report statement, and 2) to have the financial matters settled unhesitatingly.
If you have older correspondence about this matter (e.g. emails) include printed copies of them, and refer to them in your letter.
Add that you expect to have your demands fulfilled within a reasonable amount of time (30 days). Also expect to get a formal reply on your letter within 14 days.
https://www.duedil.com/company/01840901/elite-systems-limited
http://www.apple.com/legal/intellectual-property/
might be of interest / another route..
anything that the app shows regarding your name on a title screen is good also, proof wise.