UPDATED: MogoTXT Threatens Legal Action Against Backer On Gridiron Thunder Campaign Page

NOTE: two updates appear below the original article

MogoTXT has taken issue with a backer comment on the Kickstarter campaign page for Gridiron Thunder.

We first reported on Gridiron Thunder earlier this week. The game is taking part in Ouya’s #FreeTheGames fund, which promises to match funding for Ouya-exclusive games crowdfunding on Kickstarter. Some odd early backers of this campaign and another participating in the fund have put the conspiracy theorists in the crowd on high alert. (For more on that story check out Wednesday’s article.)

Now a backer has made some accusations based on a pending legal matter surrounding MogoTXT, and MogoTXT has taken issue with the comment in the form of a threat of legal action. (Note: order of comments reversed for clarity)

Gridiron-Thunder

Note: the San Francisco Superior Court case referenced by the backer can be seen by clicking here and entering “528884″

So, is this just good prevent defense or unnecessary roughing? One backer has already chimed in…

Threatening legal action over Kickstarter? That’s crazy. Like seriously crazy. Declaring someone has a say to publicly reveal themselves is so over the top and really vicious.

gridiron-thunderI reached out to Andrew Won, CEO of MogoTXT, to ask about some of the accusations regarding mysterious backers of his company’s campaign.

“We have deep roots in Silicon Valley and longstanding ties to fellow tech entrepreneurs in the San Francisco Bay Area and beyond,” Won told Crowdfund Insider. ” In my case, I practiced law in Silicon Valley for over 20 years before taking the reins at MogoTXT and have a lot of friends in the valley.  Likewise, many of our staff worked for many years at leading game companies like EA, Kixeye and Glu, and also have ties throughout the valley.  Because we are focused on sports games and sports social media, we also have a lot of friends in the professional sports world. ”

“Having generous supporters does not violate a KickStarter or Ouya rule.”

He also expressed dismay at the fact that so much attention has been placed on the politics of the campaign and not, as Won calls it, the “fantastic new football game” that MogoTXT plans to bring to Ouya.

Ouya also released a statement that was shared on the Ouya forum

We’ve seen the controversy around the games and we’d love if you would let the community know a couple of things:

  1. We’ve heard our community’s concerns and appreciate their interest in OUYA not being scammed.
  2. OUYA has not contributed monetarily to these two games or any other games participating in the FreeTheGames fund program.
  3. As of now and as far as we know at this point both Gridiron Thunder and Elementary My Dear Holmes comply with our rules and regulations so we will be moving forward with funding. If that changes, we will let you know as we always do.
  4. We really just want to support game development while bringing great content to OUYA – this was our full intention with the Free The Games fund and we hope that spirit is embraced.

UPDATE: This is beginning to feel all Susan Wilson-ish. There has been another less-than-endearing exchange between a backer and a representative from MogoTXT.

gridironthunder-comments

Mogo_logoUPDATE 2: Andrew Won has reached out to Crowdfund Insider in hopes of clarifying his situation and correcting our earlier reports. The meat of his response is below…

Let me give you the true facts here and I really hope that you will do the right thing and correct your story because it is inaccurate, misleading and very damaging to me, my company and my company’s currently pending KickStarter campaign for what it currently suggests.

I do not know the law firm that is identified as Capstone Law APC.  I have never been a part of this law firm which apparently is based in Los Angeles.  I do not know a single lawyer there or what kind of law they practice.  Put simply, I am not a part of the legal proceeding that you referenced in any way, shape or form.

From 1999 until 2009, I helped found and operate a different law firm called Capstone Law Group LLP which was based in Silicon Valley.  My former law partner and I dissolved this firm in 2009 once I decided to take the reins of MogoTXT.  During its existence, Capstone Law Group LLP never had a single ethical issue of any kind.

To be clear, there is no connection whatsoever between the firm I helped found and operate for 10 years in Northern California (Capstone Law Group LLP) and the other law firm based somewhere in Los Angeles (Capstone Law APC) that is the subject of a law suit that I am not familiar with or involved with in any way.  There is no connection whatsoever. 

And if you think I over-reacted to the post by “Tyler Durden” that you cited in your article, you should know that the accusations are very serious.  Money laundering is a felony.  And, as explained above, I have never been associated with Capstone Law APC or involved in any ethical issue whatsoever.  And it is incredibly unfair for someone to post something that brings my ethics into question and impugns my professional reputation when they know what they are posting is not true.

If you doubt me, please contact the Capstone Law APC law firm in Los Angeles and ask them if they know me and if I have ever been a part of this firm. 

I should also point out that “Tyler Durden” is not really a backer of our company contrary to what the title of your story suggests. “Tyler Durden” made a donation for a few minutes in order to be able to make the defamatory post on our KickStarter comments section that you cited and he then immediately withdrew his donation and disappeared.We were able to discern the true identity of “Tyler Durden.”  While I will not reveal his real name right now (I will be more fair with him than he was with me), I can tell you that he knew that the information he was posting was inaccurate and that he tried to blame the post on one of his former employees by stating that “He possibly might have access to my logins etc,.” 

The following post from Kickstarter seconds this viewpoint.

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  • Videogames123

    Yeah, that’s a great way to raise funds for your game! Just threaten them if they say anything bad about you, and everyone will want to help you out.

  • Big Dog

    Why doesn’t Kickstarter just remove these guys? Problem solved.

    • ser

      As lawyers they know that what they are doing is legal, unethical but legal. They are lawyers and have a lot of rich people by their balls, you don’t want to mess with that, just let them launder money or you will get sued like that poor guy. They are just stealing from OUYA anyway.

      • Big Dog

        According to Kickstarter’s terms of use:

        ———————————————————————–
        [Kickstarter] may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all
        information associated with your account.
        ———————————————————————–

        I believe Kickstarter has the right of way here. But then again, I’m not a lawyer …

  • Sam Bananaham

    An indie dev is being a jumped up asshole? Who knew!
    Honestly sad to see their campaign actually got funded.

  • Sam Bewilkins

    Tyler Durden is not a real backer of our company…, “real backer”, hahahahaha.
    “Goat” we don’t need your $1 charity b!tch, we have rich people to get us rolling, this kickstarter shit is just for ouya fund cash.

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  • Sam Bananaham

    And now I find out their campaign was funded through quite sketchy means.
    Somehow that makes me feel both better and worse.

  • Tern123

    So what was the need of a kickstarter campaign if you had private invest…, sorry, “generous friends”? Oh right, the ouya fund cash, clever. ;)

  • Pol

    According to KS rules:

    Can Kickstarter be used to solicit investment or loans?

    Nope. Kickstarter is a new form of commerce and patronage, not a place for investment or lending. You’ll never give up ownership or pay back any funds raised on Kickstarter. Ever.

    How can KS make sure MOGOtxt won’t give the money back to those who backed 10,000$ ? It’s all trust based. Despite this campaign looking like an investment scheme to get OUYA’s fund, KS isn’t doing anything to investigate it. Why?

    Because they and Amazon payment both get 5% of this money.

    Look no further, MOGOtxt found a way to abuse the system and KS is fine with it because they get their cut.

    • Hammond

      The word “Required” should be in those terms of service.. You’ll never be REQUIRED to pay back the investments. However, I’ve seen half a million “movies” promising tee shirts, producers credits, and other incentives to donate.

  • cyrollan

    As seen on Gridiron Thunder’s kickstarter comments page (note that Julie’s avatar is the OUYA hardware):

    “Julie about 4 hours ago

    Oh Andrew, I’m so pumped up about this Awesome Indie football game coming on the OUYA!!!

    I was a bit afraid that your campaign was slowing down a bit, but it seems a new backer has joined us on this endeavor and pledged $10,000 !!!

    http://i.imgur.com/HrIXdq2.jpg

    Isn’t it awesome? If it wasn’t for this backer, you would be stuck at around $100 a day. And only 7 days to go until the funds are finally secured from FTGF and you can ignore all the haters who doubt you and start really working on this game that’s going to be totally rad!

    Can’t wait to play Gridiron on my OUYA!!!

    Gridiron on OUYA; GET SOME!”

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  • Malachai Hough

    The funny thing is, if they can’t afford to make this game in the first place without crowfunding then why would they waste away whatever money they have on a lawsuit ? Also if they had the backing from big sources and friends as they say then they have just admitted to playing dirty tactics. I mean i really can’t see that many ledgit people pledging for this game since most know the grass is greener on the ea side. Also this asks the question, who actually wants this game for the ouya over other titles which could be available? i imagine the majority of ouya fanbase bought one to get away from these kind of problems within the industry but ouya is actively promoting this behavior, the hypocrisy of ouya, it will be gone once amazon release their console.

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