Update on BoK v Battle Foam - settled out of court - starts on pg 18

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**warboss**

OrlandotheTechnicoloured wrote:

of course the biggest mini KS campaign player CMON had stopped partnering with Battlefoam already after CMON said they didn't receive all the cases they'd ordered for Sedition Wars even when it' had been substantially delayed (giving more time than initially expected to supply said cases)

Careful! That's the kind of reporting that got BOK sued.

**Enigwolf**

Starweaver wrote:So, reading through those documents, is the battlefoam party actually stating that the damage they incurred to sales is 75k-180k? In that time? I'd love to see what amounts of money they take in on a yearly bases.

See, it's the semantics of the wordings that they used. They're likely referring to raw revenues (sales), as opposed to the profits (sales minus costs).

cerbrus2 wrote:Now this strikes me as strange as any lawyer no matter how bad they are, would of told Romeo and the rest of his 40k radio presenters to not mention anything with regards to the situation, as anything they say on a public downloadable Podcast will bite them in the backside in a courtroom. And it only takes some one to say something that doesn't match up and its game over.. Instead of this they have ended up threatening B.O.L.S by saying they will make phone calls and get company's like Mantic to stop advertising with them. The whole deal with the DSR guys was just a complete joke. It would not of been to bad if they where funny with it but they where just being idiots and giggling like little girls.

I'm wondering if his lawyer is even aware...

I'm imagining the classic courtroom situation where the lawyer gets completely caught off-kilter by something his client did, and has the "OMG you fething idiot" face.

**Agamemnon2**

cerbrus2 wrote:
It would not of been to bad if they where funny with it but they where just being idiots and giggling like little girls.

Isn't this just their entire schtick?

**Ouze**

czakk wrote:
Oh, and Mr. Hayden is trying to have the suit Battle Foam et al filed in Arizona removed from the state court and put into the federal court system. Naming Ms Jane Doe appears to be an attempt to sue Mr. Hayden's wife.

How is she relevant - did she appear somewhere I missed?

**Enigwolf**

Ouze wrote:
czakk wrote:
Oh, and Mr. Hayden is trying to have the suit Battle Foam et al filed in Arizona removed from the state court and put into the federal court system. Naming Ms Jane Doe appears to be an attempt to sue Mr. Hayden's wife.

How is she relevant - did she appear somewhere I missed?

Well, this is my two cents understanding (from someone who has had very basic law education); I don't believe that BoK is an LLC, therefore (like the Resin Forge scare), if Battle Foam were to sue for damages, they could find Mr. Hayden and his wife's property (as they are a legally-bound partnership) to be liable for payment if they cannot produce the reparations. Having an Limited Liability Corporation (LLC), as its name describes, essentially "shields" your personal property from any lawsuits.

**Physh**

There as been a new post by Romeo, basically recalling his version of events with Brandt and JWolf/Bigred. The summary of the post is basically stating the affidavits gathered by Hayden do no more then dig a hole for himself and those they are done by. The meat of it came off more of the He said/ she said of highschool drama for the Nova event and Bols not pulling any TT article. As it is a private forum I wont post the full thread, but offer news that romeo has spoken to those drinking his kool-aid about this.

Now onto other matters at hand in this thread.

With what 40kradio does via the podcast comments, I feel if those are to become Evidence of certain actions, they need to stop doing them to look good. DSR got cat fished, but i wouldn't put it against themselves to have pulled it all on their own on purpose(story for another time). Making fun of that just adds fuel. Looking at Te'o Cat fishing, did major news networks make fun of it? No, they were professional about it.

as per damages, If Romeo does pull off a "win" i can see the judge awarding no damages or very minor amount. The TO's say Romeo doesn't truly pay for his vendor space thanks to promise of prize support, so there for he isnt losing money. I didn't follow the WWE kickstarter, I know it got funded, however if it was over funded by tens of thousands, can Romeo claim hayden's attempts to hinder that worked?

**carboncopy**

The WWE kickstarter made over $300,000 while it's goal of success was set at $20,000. That's well over 1,000% of their goal. Maybe a case can be made that the BoK article actually helped them be successful.

**Agamemnon2**

Physh wrote:
There as been a new post by Romeo, basically recalling his version of events with Brandt and JWolf/Bigred. The summary of the post is basically stating the affidavits gathered by Hayden do no more then dig a hole for himself and those they are done by.

Once again, I'm amazed he's not been advised to keep his trap shut. "Those people are all liars!" is a terrible defense against half a dozen people prepared to testify to their version of events under the pain of perjury. It's like getting the last word in is more importantly to Romeo than anything else, including being sued.

**Alpharius**

carboncopy wrote:
The WWE kickstarter made over $300,000 while it's goal of success was set at $20,000. That's well over 1,000% of their goal. Maybe a case can be made that the BoK article actually helped them be successful.

Not sure if serious...

Also, wasn't Wild West Exodus' Kickstarter over before all of this stuff?

**Mannahnin**

I think the original article predated the Kickstarter.

**Cyporiean**

Alpharius wrote:
carboncopy wrote:
The WWE kickstarter made over $300,000 while it's goal of success was set at $20,000. That's well over 1,000% of their goal. Maybe a case can be made that the BoK article actually helped them be successful.

Not sure if serious...

Also, wasn't Wild West Exodus' Kickstarter over before all of this stuff?

No, it went live during the middle of it. I got Mod flack for mentioning the blog post in the thread. It was during that period when they were trying to deny that Romeo was apart of it, and that battlefoam didn't have a ton of sockpuppets on Dakka.

**Alpharius**

They are so naughty!

I have no memory of this breaking during the WWE KS though - weird!

**Absolutionis**

Alpharius wrote:
They are so naughty!

I have no memory of this breaking during the WWE KS though - weird!

There were several comments in the WWE comments section of the Kickstarter during the progress linking to the article and talking about it. It was dismissed easily by the more vocal backers as sensationalist garbage.

It's amusing that you think that the article went up after the Kickstarter. Most people didn't know about it until Romeo Romeoraged about it publicly and gained it notoriety.

**carboncopy**

Alpharius wrote:
carboncopy wrote:
The WWE kickstarter made over $300,000 while it's goal of success was set at $20,000. That's well over 1,000% of their goal. Maybe a case can be made that the BoK article actually helped them be successful.

Not sure if serious...

Also, wasn't Wild West Exodus' Kickstarter over before all of this stuff?

Only partially. One of the claims of the C&D is that the article cost them kickstarter funding, but yet they made over 1000% of the funding goal they set.

**Buzzsaw**

Alpharius wrote:
They are so naughty!

I have no memory of this breaking during the WWE KS though - weird!

I vaguely remember this article surfacing in the WWE thread and reading it. In all fairness it didn't exactly seem to light the place on fire.

**Alpharius**

I suppose that's where the 'lost income' is coming from then...

**Sining**

carboncopy wrote:
Alpharius wrote:
carboncopy wrote:
The WWE kickstarter made over $300,000 while it's goal of success was set at $20,000. That's well over 1,000% of their goal. Maybe a case can be made that the BoK article actually helped them be successful.

Not sure if serious...

Also, wasn't Wild West Exodus' Kickstarter over before all of this stuff?

Only partially. One of the claims of the C&D is that the article cost them kickstarter funding, but yet they made over 1000% of the funding goal they set.

How would they even calculate that? It's kinda telling that they would even make this claim.

Makes me wonder where's Romeos UK friend is, the one who likes to call him up to ask for his version of the story -_- But I guess his version is "they're all liars, lying liars, all of them"

**MVBrandt**

Doing things like calling people part of a user-hits-obsessed conspiracy, saying tons of sworn affidavits are all lies, and calling a charity a tax shelter .... not exactly the brightest thing in the world by the BF side of things. No comprende.

**Apostle Pat**

MVBrandt wrote:
Doing things like calling people part of a user-hits-obsessed conspiracy, saying tons of sworn affidavits are all lies, and calling a charity a tax shelter .... not exactly the brightest thing in the world by the BF side of things. No comprende.

Agreed.

I was shocked from what I read in your affidavit. As a consumer they may make excellent bags, but I'll be buying from elsewhere.

**MVBrandt**

Apostle Pat wrote:
MVBrandt wrote:
Doing things like calling people part of a user-hits-obsessed conspiracy, saying tons of sworn affidavits are all lies, and calling a charity a tax shelter .... not exactly the brightest thing in the world by the BF side of things. No comprende.

Agreed.

I was shocked from what I read in your affidavit. As a consumer they may make excellent bags, but I'll be buying from elsewhere.

It was shocking when it happened; it stemmed from a misunderstanding / miscommunication on t-shirts, which we talked about in the affidavit ... 40kR went all T-SHIRT MISUNDERSTANDING RAWR, and ... seems to have not realized the affidavit agreed with them, but pointed out the verbal/physical contact and badgering yada yada, that was done in front of dozens of gamers. *shrug*

I just don't understand the mental outlook of the guy behind the behavior. He could so easily gain SO much good will just by saying "my bad" in the beginning, instead of constantly escalating into more and more flak. It's not like we all sought out the opportunity to make legal statements, after all. Maybe I'm just spoiled mature by my own past mistakes ... saying "my bad" as a con organizer is pretty much par for the course each year over SOMETHING or other.

**Sidstyler**

Apostle Pat wrote:
MVBrandt wrote:
Doing things like calling people part of a user-hits-obsessed conspiracy, saying tons of sworn affidavits are all lies, and calling a charity a tax shelter .... not exactly the brightest thing in the world by the BF side of things. No comprende.

Agreed.

I was shocked from what I read in your affidavit. As a consumer they may make excellent bags, but I'll be buying from elsewhere.

Same. In my opinion Sabol remains the best balance between quality and price. It may not be super fancy with laser-cut foam and everything, but it gets the job done and lets you spend more of your money on models.

**JWhex**

I bet Romeo's lawyer has told his client to keep is trap shut and is pulling his hair out because Romeo is probably incapable of staying quiet.

**cvtuttle**

MVBrandt wrote:
It's not like we all sought out the opportunity to make legal statements, after all.

Well said.

**Absolutionis**

Sining wrote:
Makes me wonder where's Romeos UK friend is, the one who likes to call him up to ask for his version of the story -_- But I guess his version is "they're all liars, lying liars, all of them"

There are plenty of people that metaphorically are drinking Romeo's metaphorical Kool-Aid over on the WWE forums.
http://www.wildwestexodusforum.com/viewtopic.php?f=10&t=630

Romeo, as of yesterday, is still insisting that these claims are "lies".

This is the last post on this topic for a number of reasons.

Reason 1 - Wild West Exodus has nothing to do with Battle Foam or Romeo when it comes to legal matters.

Reason 2 - Just because only one side of the story has officially been made public does not mean there is not a second part of the story that will be brought to light very soon.

Reason 3 - Letting one side dig themselves a giant hole by getting false statements from puppets of the BS blog is and has been part of the plan all along.

Reason 4 - All of the statements provided so far as fact are lies and will be proven in court in time. These so called industry names have a whole lot to lose because of these false statements. They are banking on us trowing in the towel because they are being represented for free while we pay money. Funny thing is that they will all be liable in the end.

Reason 5 - When the dust settles on this matter a whole lot of people will be exposed for being some of the biggest thieves in the business. The people you once trusted will be seen for what they are. Liars and thieves out to get your hard earned dollars at the expense of anyone stupid enough to believe them.

Final point - This tread will be locked as of now. It is being locked because this had nothing to do with WWX or the kickstarter. Nothing that is being said by these people will delay the ks or effect it in any way. They are not the same company. WWX is simple a victim of what Nick Hayden and his pals attempted to do during the ks. Not only has Nick Hayden attempted to tarnish Battle Foam, Romeo, and their good name but pulled WWX into the mix. This was a move designed to hurt our efforts and get backers to leave.

It worked and cost WWX countless thousands of dollars in revenue because of his article and lies. That means Nick Hayden and his pals are directly to blame for all of you not unlocking specific goals and getting cooler models sooner.

That is the reason we are fighting so hard to unveil this web of lies. It may cost us thousands of dollars while he gets free legal work and donations. In the end the goal is to bring truth to an industry that is hidden by lies and manipulation of its customers.

As of now this topic will not be permitted on this forum. This is a dram free forum and I would ask that all mods lock these threads as soon as they are started. Going forward legal matters will be discussed in legal courtrooms. They will not be discussed on a gaming forum looking to grow a great game.

Thank you for understanding.

Bolded emphasis mine. It's relevant to Romeo's claim that the BoK article cost the Kickstarter "thousands of dollars in revenue".

**Cyporiean**

If Battlefoam is successful in claiming that BOK caused 'damages' to their kickstarter, can I sue the National Weather Service and FEMA for the damages to mine in relation to Hurricane Sandy?

**Laughing Man**

Absolutionis wrote:
Sining wrote:
Makes me wonder where's Romeos UK friend is, the one who likes to call him up to ask for his version of the story -_- But I guess his version is "they're all liars, lying liars, all of them"
There are plenty of people that metaphorically are drinking Romeo's metaphorical Kool-Aid over on the WWE forums.
http://www.wildwestexodusforum.com/viewtopic.php?f=10&t=630

Romeo, as of yesterday, is still insisting that these claims are "lies".

This is the last post on this topic for a number of reasons.

Reason 1 - Wild West Exodus has nothing to do with Battle Foam or Romeo when it comes to legal matters.

Reason 2 - Just because only one side of the story has officially been made public does not mean there is not a second part of the story that will be brought to light very soon.

Reason 3 - Letting one side dig themselves a giant hole by getting false statements from puppets of the BS blog is and has been part of the plan all along.

Reason 4 - All of the statements provided so far as fact are lies and will be proven in court in time. These so called industry names have a whole lot to lose because of these false statements. They are banking on us trowing in the towel because they are being represented for free while we pay money. Funny thing is that they will all be liable in the end.

Reason 5 - When the dust settles on this matter a whole lot of people will be exposed for being some of the biggest thieves in the business. The people you once trusted will be seen for what they are. Liars and thieves out to get your hard earned dollars at the expense of anyone stupid enough to believe them.

Final point - This tread will be locked as of now. It is being locked because this had nothing to do with WWX or the kickstarter. Nothing that is being said by these people will delay the ks or effect it in any way. They are not the same company. WWX is simple a victim of what Nick Hayden and his pals attempted to do during the ks. Not only has Nick Hayden attempted to tarnish Battle Foam, Romeo, and their good name but pulled WWX into the mix. This was a move designed to hurt our efforts and get backers to leave.

It worked and cost WWX countless thousands of dollars in revenue because of his article and lies. That means Nick Hayden and his pals are directly to blame for all of you not unlocking specific goals and getting cooler models sooner.

That is the reason we are fighting so hard to unveil this web of lies. It may cost us thousands of dollars while he gets free legal work and donations. In the end the goal is to bring truth to an industry that is hidden by lies and manipulation of its customers.

As of now this topic will not be permitted on this forum. This is a dram free forum and I would ask that all mods lock these threads as soon as they are started. Going forward legal matters will be discussed in legal courtrooms. They will not be discussed on a gaming forum looking to grow a great game.

Thank you for understanding.
Bolded emphasis mine. It's relevant to Romeo's claim that the BoK article cost the Kickstarter "thousands of dollars in revenue".

Wait, is Romeo claiming in the same post both that he had nothing to do with WWX and that it cost his kickstarter (WWX) thousands? Isn't that a wee bit contradictory?

**Absolutionis**

To be fair, it logically makes sense.

He claims that:
a) Romeo has no relation to WWE aside from being the owner.
b) BoK's claim that Romeo is directly involved with WWE has cost WWE thousands of dollars.

**motyak**

I just don't get the incredibly inflammatory stuff in that post by Romeo, is he that sure he'll win somehow, or has he just broken from reality? Because calling them all liars and what not is just as bad as what he says BOK was doing isn't it?

**Physh**

Absolutionis wrote:
Sining wrote:
Makes me wonder where's Romeos UK friend is, the one who likes to call him up to ask for his version of the story -_- But I guess his version is "they're all liars, lying liars, all of them"
There are plenty of people that metaphorically are drinking Romeo's metaphorical Kool-Aid over on the WWE forums.
http://www.wildwestexodusforum.com/viewtopic.php?f=10&t=630

Romeo, as of yesterday, is still insisting that these claims are "lies".

This is the last post on this topic for a number of reasons.

Reason 1 - Wild West Exodus has nothing to do with Battle Foam or Romeo when it comes to legal matters.

Reason 2 - Just because only one side of the story has officially been made public does not mean there is not a second part of the story that will be brought to light very soon.

Reason 3 - Letting one side dig themselves a giant hole by getting false statements from puppets of the BS blog is and has been part of the plan all along.

Reason 4 - All of the statements provided so far as fact are lies and will be proven in court in time. These so called industry names have a whole lot to lose because of these false statements. They are banking on us trowing in the towel because they are being represented for free while we pay money. Funny thing is that they will all be liable in the end.

Reason 5 - When the dust settles on this matter a whole lot of people will be exposed for being some of the biggest thieves in the business. The people you once trusted will be seen for what they are. Liars and thieves out to get your hard earned dollars at the expense of anyone stupid enough to believe them.

Final point - This tread will be locked as of now. It is being locked because this had nothing to do with WWX or the kickstarter. Nothing that is being said by these people will delay the ks or effect it in any way. They are not the same company. WWX is simple a victim of what Nick Hayden and his pals attempted to do during the ks. Not only has Nick Hayden attempted to tarnish Battle Foam, Romeo, and their good name but pulled WWX into the mix. This was a move designed to hurt our efforts and get backers to leave.

It worked and cost WWX countless thousands of dollars in revenue because of his article and lies. That means Nick Hayden and his pals are directly to blame for all of you not unlocking specific goals and getting cooler models sooner.

That is the reason we are fighting so hard to unveil this web of lies. It may cost us thousands of dollars while he gets free legal work and donations. In the end the goal is to bring truth to an industry that is hidden by lies and manipulation of its customers.

As of now this topic will not be permitted on this forum. This is a dram free forum and I would ask that all mods lock these threads as soon as they are started. Going forward legal matters will be discussed in legal courtrooms. They will not be discussed on a gaming forum looking to grow a great game.

Thank you for understanding.
Bolded emphasis mine. It's relevant to Romeo's claim that the BoK article cost the Kickstarter "thousands of dollars in revenue".

It is worse over on 40kRadio's forums. Reason 5 is more or less what his "rant" is about. A lot of the members their support him because they have a hatred of BoLS, Dakka, BoK. I've long been on the fence of which side I enjoy better, public or private forums, and needless to say by what I post here in this thread I'd rather be part of the public. The community there is getting stale and its hard to find fresh stuff to talk about without it being repetitive. As to Reason 5, there is a claim that BoLS, specifically BigRed, makes money on a per view basis and is said that he steals it. Never knew google adsense was a crime. Its not like BoLS has a business to support its webpage, servers due to traffic, and forum.

Again with WWE making more then what was needed, I hardly find that a judge will be awarding damages for loss of income on 1) a game that hasn't come out yet and 2) a kickstarter, which is 100% funded via donation.

Side note here, Find it funny that WWE has a free forum and 40kradio does not.

**Sining**

Looks like this will be pretty entertaining. I can't wait to see what filings Romeo has because even if it comes down to he said she said, there's a LOT more people that corroborate the perception that Romeo's a bit of a jerk; to put it politely, than there probably are of Romeo saying 'this never happened the way it happened'.

I mean, who can they get to testify that what was said wasn't true? It seems like it'd only be Romeo himself; or someone who's working for battlefoam because I don't think a normal tournament attendee would cut it.

Also, in the end, it still doesn't seem to solve the issue of Romeo being a public figure; especially since the guy likes to go onto so many forums amd mouth off, which means that a certain amount of things can be said about him without constituting defamation or libel.