[Arm-netbook] "zombie" campaign

[Luke Kenneth Casson Leighton]

---
crowd-funded eco-conscious hardware: https://www.crowdsupply.com/eoma68


On Sat, Sep 10, 2016 at 12:04 AM, Sam Pablo Kuper
<sampablokuper at posteo.net> wrote:
> On 09/09/16 19:37, Luke Kenneth Casson Leighton wrote:
>> certainly, pledges are "gifts" - there's no
>> warranty, there's no contract of sale, they're *definitely* not
>> "orders".  that's very very important even in light of the fact that
>> i'm here on a 90-day visa waiver!  customs declaration *specifically*
>> asked, "are you bringing in product for the solicitation of orders"
>> and the *only* reason i was able to say *NO* to that was precisely
>> because this is a gift-economy-based crowd-funding campaign.
>
> I don't know anything about visa waivers, but it seems worth pointing
> out that Crowd Supply pledges do not appear to be gifts. They are
> covered by a contract: https://www.crowdsupply.com/terms-of-use
>
> It says, among other things:
>
>
>
> "Creator: a User responsible for running a Campaign, filling Pre-orders,
> or otherwise supplying products for commercial sale. [...]
>
> A Creator is required to fulfill all Premiums of a Creator’s successful
> Campaign or refund Pledges to any Backer whose Premium the Creator does
> not or cannot fulfill.

 looks reasonable to me... so that people don't "run away" with the
money, basically!

> IANAL, but that looks quite a lot like a contract of sale to me.

 a contract of sale has very very specific terms which involve things
like "warranties", "WEEE Directives" and so on.

>
> Also, Crowd Supply definitely promotes itself as a store:
>
> https://blog.crowdsupply.com/2013/03/04/crowd-supply-is-a-store/

 that's *after* the crowdfunding campaign... and it's run *by
crowdsupply* - not by the backers and not by the campaign creators.


> Now that the crowd-funding period is over, Crowd Supply has switched to
> offering pre-orders, which are distinct from pledges under the terms
> linked above. I have no idea what regulatory implications that has, if any.

 they're sold by crowdsupply - not by me.  crowdsupply will be
ordering a batch of units (from me).  i will be *crowdsupply's*
supplier (for fulfilling *their* preorders).  any "contracts of sale"
- for the preorders and for the preorders only - will be with
*crowdsupply* (not me).

l.