Sunday, May 11, 2014

Suing Kickstarter Event

Washington State is steeped deeply in progressive politics, and since the goal of progressives is a sinecure for themselves, they naturally attack any innovation, out of fear it might impinge on their free ride for life.

For example, the Attorney General of the State of Washington is suing a Kickstarter participant because a dozen or so Washingtonians lost about $30 each.
The lawsuit alleges Edward Polchlopek III and his company, Nashville, Tenn-based Altius Management, in 2012 raised more than $25,000 from 810 people in order to print a deck of “retro-horror”-themed cards designed by a Serbian artist.
What a waste of resources.  One reason we need no attorney general is in the law anyone can become an attorney general and pursue such cases if they want.  But kickstarter is funding without loans, and without usury, and progressives can smell freedom arising and will stamp it out instantly.

The Seattle Times offers the usual incoherent coverage:
The move targets a relatively small fundraising effort. But it serves as a caveat emptor to potential donors amid the growing popularity of Kickstarter and other crowdfunding methods, which allow small businesses and individuals to raise cash from hundreds or thousands of backers to pursue a passion or a business project.
Caveat emptor?  How utterly uninformed.  In a free market, caveat emptor, "let the buyer beware" is the standard in deal making, that is the buyer is responsible for any loss.  To call rent-seeking by the attorney general a provision of caveat emptor is too twisted.

If we had caveat emptor, then people would do their own due diligence, and if they lost $30, they lost $30.  But now Bob Ferguson is using his office to deliver the goods to people who do not use good judgment.  Indeed, he is expending vast resources to assure good judgment atrophies under progressivism.
The suit seeks restitution of the cash, as well as fines up to $2,000 per backer for violations of the Consumer Protection Act, meaning the total could top $1.6 million.
So it gets even better:  now there is an incentive to chip in $30 to an obvious loser, betting that when it fails you can clear over ten times your money plus, compliments of the AGs office and at taxpayers expense.  Just think - Attorney General Ferguson will devoted millions in taxpayer resources so you can get back $30 plus.
Kickstarter’s website says 3 million people contributed $480 million last year to thousands of projects. Those included classrooms being built from shipping containers, a human-powered helicopter and the visit of two rappers to North Korea.
That is to say, it serves a voluntary market, something a State cannot abide, and in which they must interfere.  Like ride-sharing in Seattle.  Kill all small business and free market initiatives!  Sinecures must be preserved at all costs!  Never mind that the sinecures are unfunded and only a free market can generate what funding is needed.  Lockdown for lockdown's sake!
“Consumers need to be aware that crowdfunding is not without risk,” Ferguson said in a statement. “This lawsuit sends a clear message to people seeking the public’s money: Washington state will not tolerate crowdfunding theft.”
Go get 'em Bobby!  Sic 'em.  No Nashville scam artist is going to get away with $30 from a Washingtonian!  I feel safer already.
A spokesman for Kickstarter said the company wants “every backer to have an amazing experience, and we’re frustrated when they don’t. We hope this process brings resolution and clarity to the backers of this project.”
I was sorry to see this quote.  It implies they agree with the process the AG is pursuing.  I'd like to see:

"Let this be a lesson to everyone."

"Kickstarter is quite clear on what it provides.  Nothing more and nothing less."

"The Washington AG is doing what?!?!?!"

"Kickstarter is clear we are a caveat emptor crowdfunding facilitator.  This is an opportunity to remind those who participate they may not get their free $#!+. C'est la vie."

Something along those lines.

Feel free to forward this by email to three of your friends.


1 comments:

Anonymous said...

John,
As usual you went to the common sense heart of the matter. Now everyone with a sincere and innovative project will wonder how to protect themselves from the government on the chance they will be deemed unworthy of it's blessings, exactly the intent of this ridiculous lawsuit. I have contributed to several "marginal" projects knowing full well they probably won't succeed, but that is how innovation occurs, not the 100% fail safe franchised boring lawyer centered offerings the government loves. How much longer will protecting us from ourselves take to totally ruin this country for start up businesses?