Extra Credits (now at PATV!)

Drop by and talk about anything you want. This is where all cheese-related discussions should go
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Re: Breaking: Extra Credits leaves Escapist

Postby JackSlack » 09 Aug 2011, 21:35

James is answering more questions on twitter. The new intriguing bit of news is that he claims the whole mess began a year ago. That means it's not the Rockethub thing that broke the camel's back, as the Escapist claimed.
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Re: Breaking: Extra Credits leaves Escapist

Postby Metcarfre » 09 Aug 2011, 21:47

Maybe, if everything has really reached the point of needing lawyers... maybe all involved should stop discussing these things in such a public format?
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Re: Breaking: Extra Credits leaves Escapist

Postby Deedles » 09 Aug 2011, 21:52

One thing both sides have confirmed: Extra Credits weren't getting paid since November '10, which means a breach of contract.

Now, if the Escapists really were that harmless and weren't trying to force EC to stay then why would James go as far as to having to sue them to get their IP back? Why isn't the Escapist just giving it to them? I mean, it's not like the Escapist would be able to use the Extra Credits IP after James, Daniel and Allison have left.
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Re: Breaking: Extra Credits leaves Escapist

Postby njsykora » 09 Aug 2011, 21:53

He's being quite aggressive towards Escapist, and still sticking to that 75% number which Macris said wasn't true. This is going to turn very ugly very quickly I think and James is doing himself no favours.
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Re: Breaking: Extra Credits leaves Escapist

Postby Rikadyn » 09 Aug 2011, 21:57

maybe the escapist should petition the government for a bailout >.> it's worked before...
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Re: Breaking: Extra Credits leaves Escapist

Postby NotAwesomeAtAll » 09 Aug 2011, 22:37

I really think both sides are foolishly painting each other in a malicious light. It sounds like the Escapist was trying to constantly bring in new people in hopes of raising traffic and revenue, but where never able to, then had to find new people when they could not pay their already contracted series makers,leading to massive amounts of people never/rarely getting paid.On the other hand, it sounds like James did not fully understand the contracts and agreements that he agreed to.
Both parties seemed to have made simple mistakes, and are now engaged in a battle of misunderstanding that could hurt them both.
Sorry if this counts as speculation,or if my points are unclear.
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Re: Breaking: Extra Credits leaves Escapist

Postby the_lone_bard » 09 Aug 2011, 22:40

My guess is that when james said "Pay us when ya can." He was under the impression he would get payed in maybe 6 months or so. Then when an emergency came up, and he tried to collect and they weren't able, he finally had it. I know first hand what's it's like to NEED money for one reason or another and have all the people that owe you money (Granted the people that owe me money is on a much lesser scale) say "Yeah, we can't give it to ya."
While i don't blame him for it, i think this might have started as james being a bit pissed, and has spiraled steadily out of control due to outside influences (The suits, basically.)
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Re: Breaking: Extra Credits leaves Escapist

Postby LackingSanity » 09 Aug 2011, 22:45

From what I can see, this situation is largely due to rather extensive misunderstandings, which have been exacerbated by financial troubles on both sides, not to mention a little bit of excess hostility and readiness to break out the lawyers. As a fan of both Extra Credits and most of the other content hosted and/or published by the Escapist, I just hope that they can settle upon as amiable a solution as can be reached at this point, or at least one that doesn't end up costing both parties money that they don't have in legal fees.

Edit: Run-on sentences run on and on and on.

Edit Mk. 2: After reading through the thread, I can see that this many others have already drawn, and subsequently posted, similar conclusions. Hooray for redundancy, I guess.
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Re: Breaking: Extra Credits leaves Escapist

Postby Cade Antilles » 09 Aug 2011, 22:50

I have seen my fair share of these kinds of legal fights, and I can say that they never end pretty. Misunderstandings and misinterpretations of statements have an unfortunate tendency to create situations such as this. They are made especially worse when significant amounts of money are involved.

As I tweeted earlier, at this time, this fight does not seem to be directly affecting LRR. For this reason, I choose not to develop an opinion on the matter until such time as it does.

As for my opinion of The Escapist, I never made it a secret that I was not a fan of their site, community, or many of the series that they produced. I was not terribly vocal in that dislike, but I have voiced it quickly when the situation presented itself. I have nothing to say regarding their business practices, however, since I have no knowledge in that regard. I've never seen an episode of Extra Credits, so I can't comment on that series.

Most importantly, should LRR be affected in any negative fashion, I want them to know that they still have the unconditional support of this OG Runner.

Interestingly enough, it took something like this to get me posting here once again. Nothing quite like drama, is there?
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Re: Breaking: Extra Credits leaves Escapist

Postby Wolfenbarg » 10 Aug 2011, 00:32

I hate to jump in so early and say this, but I think the Escapist is basically completely fucked. Alexander Macris' post indicated that they had to convince investors to front the capital to pay off James. You know, those investors probably coughed up the dough thinking this was going to be a quiet affair and that they were working with professionals who paid their bills on time. If I was an investor, the notice that a number of contributors were not paid both past and present and one of the contributors was a top 3 earner on the site, I'd be running for the fucking hills. Word is getting out that they can't even pay their full time employees! Would you provide capital for a company like that?

Fuck me. I loved the Escapist up until a few hours ago. Their business model seemed great and they appeared to be shooting web video forward by a massive degree. But no, they can't even pay their content creators. Arius used the McDonald's example, but honestly you shouldn't be rolling out a Big n Tasty if you can't even break even on the Big Mac. What were they thinking?

As for the actual legal deal, I can't really say who is in the right. The Escapist seemed to have a liberal interpretation of where the fundraising money was going, and honestly was directed toward Alison, so unless there was a contract in place, the decision lied completely with her where the money went. The community seemed to agree on that. I guess we'll find out what went down as things unfold. I will say though that regardless of the outcome, no amount of damage control is going to change the fact that their business model is completely fucked. Once my publisher's club membership is up, I will not be renewing it. I'll spend the money on a DVD from this site instead.
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Re: Breaking: Extra Credits leaves Escapist

Postby JackSlack » 10 Aug 2011, 00:37

Wolfenbarg wrote:I hate to jump in so early and say this, but I think the Escapist is basically completely fucked.


And the rest of your post? Yeah, basically.
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Re: Breaking: Extra Credits leaves Escapist

Postby pariah164 » 10 Aug 2011, 00:55

Wow. Just... wow.

SMH
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Re: Breaking: Extra Credits leaves Escapist

Postby EnglishMQ » 10 Aug 2011, 00:58

Until this compilation of E-Mails come out I'll remain on the side of "Not informed enough to come up with an opinion".

By the sounds of things both acted in good faith and with poorly defined term which meant when the situation changed stuff hit the fan.

I can simply say I hope this doesn't affect the EC crew, or any of the talented contributors on The Escapist who I will still be watching due to my support of them, not neccesarily The Esacpist.
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Re: Breaking: Extra Credits leaves Escapist

Postby Marurder » 10 Aug 2011, 01:39

I love(d) Extra Credits, and I certainly sympathize with the position this places LRR in. I saw in the first page of this thread Matt made a post about 'non-commenting' I appreciate that it has been allowed to be discussed here. I also love LRR (and the spin offs) and hope that The Escapist is paying the agreed payments for the content you provide.

<Insert a repeat of support to the crew here>
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Re: Breaking: Extra Credits leaves Escapist

Postby JackSlack » 10 Aug 2011, 01:41

Marurder wrote:I love(d) Extra Credits, and I certainly sympathize with the position this places LRR in. I saw in the first page of this thread Matt made a post about 'non-commenting' I appreciate that it has been allowed to be discussed here. I also love LRR (and the spin offs) and hope that The Escapist is paying the agreed payments for the content you provide.

<Insert a repeat of support to the crew here>


I appreciate that you signed up JUST to say that.
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Re: Breaking: Extra Credits leaves Escapist

Postby Stinkychops » 10 Aug 2011, 01:55

IF ONLY SOMEONE HAD WARNED US THAT THE ESCAPIST WERE A BUNCH OF MONEYFAGS! lol

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Re: Breaking: Extra Credits leaves Escapist

Postby rabidtictac » 10 Aug 2011, 02:15

Some folks are actually posting that "nothing like this has happened before" in the wake of Seattle or Bust, and after about 6-7 people came forward on twitter. So obviously it was, even if it wasn't public.

It sounds like the escapist just isn't profitable anymore (or needs better management), and their solutions to this problem were to not pay their employees and frantically try new shows in the hope something would be a big hit (I understand why they did this, I just don't agree with it).
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Re: Breaking: Extra Credits leaves Escapist

Postby Stinkychops » 10 Aug 2011, 02:19

rabidtictac wrote: and their solutions to this problem were to not pay their employees and frantically try new shows in the hope something would be a big hit (I understand why they did this, I just don't agree with it).

I'm not so sure. It could be that they were trying new shows because people were getting angry about not getting paid, or perhaps they were knowingly rotating through people to get them to do a couple episodes so they could "pay them later".

14 months is bullshit long. That's someone trying to wait you out.

I want to know what was costing 400,000 dollars a month. Okay, paying employees isn't cheap. But it isn;t 400,000 dollars. They weren't paying for shows. They aren't paying for travel. They have merchandise as well.
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Re: Breaking: Extra Credits leaves Escapist

Postby madrak_the_red » 10 Aug 2011, 02:32

Christ, I go to sleep and this happens?

Anyhow: yeah, I think this might be the end of the escapist, it seems like they are in pretty dire financial straits. I just hope the content creators find somewhere nice to end up
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Re: Breaking: Extra Credits leaves Escapist

Postby Merrymaker_Mortalis » 10 Aug 2011, 03:03

I'm very saddened. Much beloved show. Why couldn't Jim be the one leaving and getting shafted? (I find him very uncharismatic)

The again, the forum mods on the Escapist are a bit too hypercondeming. I resort to posting on Facebook to take the piss out of idiots there instead of the main forums.
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Re: Breaking: Extra Credits leaves Escapist

Postby R4ph » 10 Aug 2011, 03:38

James has posted on facebook responding to the letter from the escapist. This is getting uglier and uglier by the minute. http://www.facebook.com/note.php?create ... 5683982334

People have been asking me to respond to this, I will, but I’ll try to be brief. In truth I’d rather not and I don’t want to stir this any longer; I think most things of value have been said.

***I just finished writing this, and answering just made me sad. At first some of the spin on what happened frustrated me, but now I realize that it doesn’t matter. Truth will out in time. I don’t want to do the Escapist harm, and I don’t want to see everyone’s energy wasted on this discussion when it could be put to more productive uses. It is my hope that the Escapist can find an equitable solution for all of their content producers and be stronger for it. While we can no longer work with them, if that happens they’ll find nothing but support from us.***

----
Hey guys. This is Alexander Macris. I'm the publisher. Jame's statements are very one-sided so I think they deserve a response.
Yes, we are having a very unfortunate dispute with James over Extra Credits, and yes, he's planning to leave The Escapist, despite our repeated requests that he stay. It's also true that we fell behind in paying James.
Here are the key facts as I see them:
1. From November 2010 to June 2011, James told us not to worry about paying him and to focus on paying other people. His exact words were "I really don’t want to squeeze you guys if you’re in a crunch, so you can put us to the bottom of the list for right now…" Given that we have been in a crunch due to the recession, we took him at his word, thanked him profusely for the flexibility, and focused on paying down other debt. (Several other shows were cancelled around November 2010 you'll recall, as we couldn't pay them, but James' flexibility allowed us to keep working with him to promote Extra Credits.)

*This statement is meant to bate me into saying that I waived my right to be paid. Alex knows this is false and has been trying to do it in every email for a month now.*
2. This continued until June 2011, when James emailed us to alert us that he needed funds urgently. The request was partly for family matters and partly for Allison's surgery. He asked for our permission to raise funds through Kickstarter. We more than gave permission, we threw our weight into supporting it. Unfortunately, Kickstarter refused because they don't do charity. I then suggested James try RocketHub and RocketHub agreed. We again collaborated to make it a joint effort. Our agreement was that we would be compensated for the wholesale cost of the t-shirts and Publisher's Club, and that the funds would be used to save Extra Credits. I reasonably interpreted "save Extra Credits" to mean that anything beyond what was needed for Allison's surgery would be used on Extra Credits production. I also Pay-palled James as much money as we had available at that time.

*I asked for payment because one of my brothers was going through a painful divorce and needed funds badly. I had no money for him because I hadn’t been paid. Again, they told me they were going to pay me and again didn’t come through. I actually told them that I would hustle up more work for myself when they asked for more time to find funds…Then Allison happened. That made twice in a month where I failed someone I cared about very much because I had spent all my money on the show.

This is when I insisted on doing the Rockethub as a final recourse before I _had_ to take legal action. You can judge for yourselves if the Rockethub was in really a joint effort.
Alex told us that it would cost $36,450 dollars to make the t-shirts. In the end we had to tell them that we’d just do it ourselves.

As to saving Extra Credits, that was what the initial Rockethub amount was for, but became clear that even with physical therapy and some living money for Allison we had overflow. We couldn’t possibly need that money to “save Extra Credits” if they had any intention of paying us in the future.

Alex did send us funds over paypal. I’m not sure I can mention how much but I think you can probably extrapolate from the fact that this is the only time that amount isn’t stated in this response what general range of sum it is. Though I trust Alex as CEO wasn’t taking a paycheck at this point and so this was truly the absolute last money they had.*

3. After the RocketHub was enormously successful and James had decided to use the funds to create an indie publishing label rather than to "save Extra Credits", James decided he would no longer speak to us directly and instead assigned a "business development manager" to speak to us. James' new business development manager demanded that we assign all the IP of Extra Credits to James.

*
http://www.rockethub.com/projects/2165- ... /posts/740

If you check out the link you’ll find that none of us earn money from this “label”. It’s actually going to cost us time, but the idea is that we can use it to create jobs for people doing what they love and maybe help some more people get into the industry. I think the concern here was that we were suggesting we give away that money rather than keep it.

As far as our business development manager. We couldn’t get a straight answer out of the Escapist so we needed to bring on someone who could. He actually very clearly offered to exchange some of our debt for our IP back. The response from the Escapist was to tell us that they were entitled to 75% of the rockethub money, so that covered their debt…and we owed them $9500.*

4. We indicated we would be happy to work out an IP transfer but that before we did that, we would like to make sure we got paid for the wholesale cost of the t-shirts and the Publisher's Club memberships, and that we would like to see the Extra Credits RocketHub money used to create more Extra Credits. We did NOT ask that James send us $9,500 - we said he should use $9,500 to create more episodes of the show that the money was supposed to be used to save.

*Again, why would that money need to be used to create more Extra Credits if they were going to pay us? It could have been used to keep other people employed in this economy.

Again, cost of t-shirts shouldn’t be $36,450 at wholesale.

I’m glad there was no denial about the fact that they not only wanted to wipe out their debt but also have us indebted to them by $9500.*

5. James' business development manager at that time emailed me and told us that his position was now that we had no rights to the show, no deal, and that our entire contract was invalid. This was out of the blue as far as we were concerned. We had no understanding at this time of James' intent to use the "Save Extra Credits" money to start a publishing business.

*This is a conflation of two totally different events. Our manager told him this in response to our inquiries about payment and the statement that we owed them $9500. I’m not sure what the alleged “publishing business” has to do with this.*

6. At this point, Russ Pitts, our editor in chief, flew out to meet with James and his business development manager personally. They agreed that we would continue to work together; that we would transfer the IP to James in exchange for some fee to be negotiated; and that James would handle the EC t-shirts directly rather than through us. We agreed to swallow the cost of the Publisher's Club memberships, a few thousand dollars.

*This is a false statement that we can actually talk about because it’s public knowledge. If you go here http://www.igda.org/summit/tracks-topic ... ames-2011/ you’ll see Russ was scheduled to be out that weekend anyway. He stayed at the W Hotel right next to the convention. The week they dropped this on us was in fact a week they knew I’d be busy with two conventions.*
7. I then emailed James and his business development manager to explain that I wanted to get them paid as quickly as possible so that the back debt was not a sticking point in negotiations. I then emailed them again to say that I had talked to our Board and investors and that payment would come in about a week.

*We’ve been informed that this was a tactic to keep us from having any claim to our intellectual property. Once they had paid us, they could just tell us “no”. If that wasn’t their goal why not begin negotiations as if they were going to send us payment, which we offered to do.

Though, thinking on it, it is a wee bit odd that money would just materialize when we asked about getting our rights back, even though they’d been unable to pay us during the previous year.*

8. At this point, James had his lawyer send us an email stating that we were in breach and that unless we sent money more quickly than I had just stated we'd be able to send it, that James was terminating his relationship with us. I presume that James thought we were playing games with him, although we were not.

*We sent the breach of contract notice when a week rolled around and no money came. Instead we got a Rockethub Fundraiser for Yahtzee for _$20,000_ and another excuse saying they needed another week. Our breach of contract notice actually gave them another week to repair the breach. They did not send us any money in that time.*

9. We went ahead and mailed James the money we got from our investors the next week as we had promised. James' lawyer nevertheless sent us an email indicating they intended to terminate our agreement.

*So far, I still haven’t seen any check from them.*

10. Finally, I should add that as of last week, we had paid James over $14,000 of the $20,000 we owed him, and that as of today, our company has mailed James all payments he is owed.

*Still haven’t seen a dollar. I hope this is true. Regardless, it doesn’t change where we’re at. We can’t keep waiting for money that doesn’t materialize. We also can’t continue to work with business partners who we don’t feel have treated with us in good faith.*
I have all of this documented extensively in email. James is simply in error if he believes we have ever lied to him or any of his staff. We are prepared to defend ourselves against future defamation in a court of law.

*It’s amazing how quickly they are ready to threaten court when someone starts to speak about what’s been going on. We haven’t done this, though I believe we have a stronger case. I’m going to work under the assumption that our situation is unique and they’ve never threatened any of their other content creators with legal action. I’m also going to assume that this was said in a moment of passion and not fault Alex for it, I know he’s not the sort of person who would spend money on suing one of his content creators while others remain unpaid.*

Cordial regards,
Alexander Macris

*Alex, if you read this, know we have no desire to harm the Escapist or burn things to the ground. I think there’s a way out of this that’s ok for all of us and I don’t bear you any ill will. I’m willing to work under the idea that, barring anything new, the last month and last year have been the result of the terribly stressful situation you must be in. At this point I’m going to bow out of the discussion for 24 hours to give you some space to think and allow things to get a little more calm in the internet world. If you’re acting in good faith, contact our attorney and work with him to find an answer, you have my word that reasonable talk will be met with reasonable talk: there is time to resolve this well yet.*
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Re: Breaking: Extra Credits leaves Escapist

Postby thatlaurachick » 10 Aug 2011, 04:08

Thanks for posting the text. It's difficult to read in the FB iphone app.

And after some sleep and pain killers, here are my final thoughts:

"As always, I'm fairly certain the truth lies in between both stories. However, I am outraged that the Escapist apparently hasn't been paying most contributors, even their own staff. I understand the need for risk taking but this has come to light as an ongoing problem. Plus it's becoming apparent that contributors were "threatened" with nonpayment if they spoke publicly about being paid up to a YEAR late! IMHO, James publicly communicating is doing more good than harm, even if it's not perfect. He's acting as a whistle blower, and ensuring deserving artists will be paid, even if it's by another publication. The negative publicity from this alone looks like enough to sink the E." :(

Theres pushing boundaries, bad choices and pure stupidity. Looks like the E and anyone contracting with them have been in "pure stupidity" land for at least 2 years mostly due to silence. :(
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Re: Breaking: Extra Credits leaves Escapist

Postby Vanguard » 10 Aug 2011, 04:12

Okay, due to loyalties previously lying with The Escapist and all that noise I've been trying to stay neutral in this and just see what the landscape is like after the dust settles, especially with all the conflicting reports being thrown around by both sides. That said, here's a slight bit of perspective on the "not being paid" allegations.

I wrote an article for The Escapist back in June of '09 that was published in Issue 205 in early July. I wasn't actually paid until mid-to-late September of the same year. When waiting for my paycheck another community member on the Escapist, New Classic, said that he had to wait a similar amount of time, if not longer, before he was paid for something he wrote as well.

Again, this was back in 2009. At the time I just assumed that's how their payroll department operated because of the high volume of money they had to pay contributors on a weekly basis, but it could mean that they've been in financial dire straits for a couple years now.

Oh, and one more thing:

@ExtraCreditz wrote:Alright, I should rest for a bit. Thank you again everyone. I hope all resolves itself soon and without more damage.


"Without more damage". Seriously, James? Fuck you. I understand that you're mad and frustrated and needed to try to find a way to help get this resolved, but all of the outrage and controversy and rumor mongering flying back and forth is the result of you airing your dirty laundry for the entire internet to see. I admit to not knowing how things were going before this, but now after making everything public this entire situation has turned into one massive shitstorm.
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Re: Breaking: Extra Credits leaves Escapist

Postby MaximusXIII » 10 Aug 2011, 05:26

Oh dear this seems to be quite a pickle. I for one am staying neutral as no one can hope to understand the whole legal tete-a-tete until those emails are published (preferably alongside copies of contracts for points of reference but I'm not sure if that can/will actually happen).

What does have me leaning away from the Escapist's side (but not necessarily towards anyone else's) is:
- As far as I can see, the money raised through RocketHub is in no way their's and the fact that they think they are entitled to any of it is just... wrong.
- Also the fact that other contributors are coming forward claiming financial problems does not bode well for the Escapist, but to what extent is unknown.

If I'm on anyone's side its my beloved LRR's and I hope beyond all hopes that this doesn't affect them in a negative way.

*turns dial from "Neutral" to "RAGE"*

AND IF ANYONE MENTIONS THE FUCKING DEAD HORSE INTERCHANGE AGAIN I WILL MAKE A CAPE FROM THEIR SKIN AND WEAR IT TO THEIR FUNERAL!
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Re: Breaking: Extra Credits leaves Escapist

Postby the_lone_bard » 10 Aug 2011, 05:55

I'd just like to point out, That the escapist, no matter what, has some dodgy contracts by the looks of it.
Now, I know for a fact that Yahtzee lives off of his income from ZP, but that is one guy, living alone.
Yet Graham and (Was it paul or someone else in the crew?) also live off of the escapists income. Yet it was stated that the EC crew hadn't been given any money in 10 months, and were only owed 20k. Which means that per month they get 2k. No, my question is. How much of a difference are they making when Graham is able to use this as a full income. Because i strongly doubt that he is surviving on about $1200 a month.

This was just my thoughts...
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I'm mean because you're stupid.

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