Switch Theme:

Update on BoK v Battle Foam - settled out of court - starts on pg 18  [RSS] Share on facebook Share on Twitter Submit to Reddit
»
Author Message
Advert


Forum adverts like this one are shown to any user who is not logged in. Join us by filling out a tiny 3 field form and you will get your own, free, dakka user account which gives a good range of benefits to you:
  • No adverts like this in the forums anymore.
  • Times and dates in your local timezone.
  • Full tracking of what you have read so you can skip to your first unread post, easily see what has changed since you last logged in, and easily see what is new at a glance.
  • Email notifications for threads you want to watch closely.
  • Being a part of the oldest wargaming community on the net.
If you are already a member then feel free to login now.




Made in ca
Dakka Veteran




 Alpharius wrote:
 Alfndrate wrote:
Sining wrote:
Well one side has legally signed affidavits while the other has a lot of talk. Seems pretty clear so far.


I believe it was czakk that mentioned earlier in the thread that there was a sort of... point to the delaying of filing by Romeo. He has up until 9 days before the hearing to file, the longer it takes him to file, the less time Nick has to respond to the claims.


I guess that makes some sense, but since the counter to anything Romeo's side says is going to be "No, what we said is really the truth!" it all seems like a waste of time.

Of course, the court of public opinion isn't going to decide this case, but it is going to decide a lot more in terms of PR and all that.

The whole thing is now My Word vs. Your Word, and in the end, I can't see that being 'worth' it for BF.


It can also be up to the lawyer's timetable as well. If Mr. Sreecharana has other matters on his plate it might not get filed until the deadline. If he wants a few days extra to review and perfect things, it's not going in until the deadline etc... There's no prize for filing early.
   
Made in us
Decrepit Dakkanaut






New Orleans, LA

evancich wrote:
IDK, I think comedy and the 40k community win also.

It must suck to run a free podcast and get call to court tho...

I suggest you all read the letter Romeo sent to the MLB brass about change bats' parameters. It was pretty awesome.

The best part is the MLB lawyers called Romeo (or so the accounts report) and asked if be planned on assaulting the MLB brass.



What specifically does this have to do with Tasty Taste and Romeo?

DA:70S+G+M+B++I++Pw40k08+D++A++/fWD-R+T(M)DM+
 
   
Made in ca
Dakka Veteran




 Enigwolf wrote:
evancich wrote:
IDK, I think comedy and the 40k community win also.

It must suck to run a free podcast and get call to court tho...

I suggest you all read the letter Romeo sent to the MLB brass about change bats' parameters. It was pretty awesome.

The best part is the MLB lawyers called Romeo (or so the accounts report) and asked if be planned on assaulting the MLB brass.



Wait, what?


http://www.examiner.com/article/maple-bat-maker-threatens-mlb-and-security-is-notified

http://sports.yahoo.com/mlb/news?slug=jp-maplecontroversy011809


Other than showing 'form' it's not super relevant.

This message was edited 1 time. Last update was at 2013/06/10 17:46:01


 
   
Made in us
Stubborn Hammerer





I wonder how much Battlefoam is worth to Romeo, might want to buy the company. The product is fantastic the owner is not, a management change could renew the peoples view of battlefoam.

This message was edited 1 time. Last update was at 2013/06/10 17:52:15


Check out my trades http://www.dakkadakka.com/dakkaforum/posts/list/515178.page

Check out my Auctions

http://www.dakkadakka.com/dakkaforum/posts/list/521603.page 
   
Made in us
Decrepit Dakkanaut






New Orleans, LA

Edit: Nevermind.

This message was edited 1 time. Last update was at 2013/06/10 17:47:34


DA:70S+G+M+B++I++Pw40k08+D++A++/fWD-R+T(M)DM+
 
   
Made in us
[DCM]
.







czakk wrote:
 Alpharius wrote:
 Alfndrate wrote:
Sining wrote:
Well one side has legally signed affidavits while the other has a lot of talk. Seems pretty clear so far.


I believe it was czakk that mentioned earlier in the thread that there was a sort of... point to the delaying of filing by Romeo. He has up until 9 days before the hearing to file, the longer it takes him to file, the less time Nick has to respond to the claims.


I guess that makes some sense, but since the counter to anything Romeo's side says is going to be "No, what we said is really the truth!" it all seems like a waste of time.

Of course, the court of public opinion isn't going to decide this case, but it is going to decide a lot more in terms of PR and all that.

The whole thing is now My Word vs. Your Word, and in the end, I can't see that being 'worth' it for BF.


It can also be up to the lawyer's timetable as well. If Mr. Sreecharana has other matters on his plate it might not get filed until the deadline. If he wants a few days extra to review and perfect things, it's not going in until the deadline etc... There's no prize for filing early.


Agreed, but the 'prize' here might be something to help counter the negative press to date and try to generate some 'sympathy' for BF's side?

Probably not worth it though...
   
Made in us
Decrepit Dakkanaut






New Orleans, LA

Romeo and Kyle have given their opinions on recent 40k Podcast episodes. I don't know how much more they'll say publicly before the trial, though.

DA:70S+G+M+B++I++Pw40k08+D++A++/fWD-R+T(M)DM+
 
   
Made in sg
Quick-fingered Warlord Moderatus





Lost in the Warp

Alpharius wrote:
czakk wrote:
 Alpharius wrote:
 Alfndrate wrote:
Sining wrote:
Well one side has legally signed affidavits while the other has a lot of talk. Seems pretty clear so far.


I believe it was czakk that mentioned earlier in the thread that there was a sort of... point to the delaying of filing by Romeo. He has up until 9 days before the hearing to file, the longer it takes him to file, the less time Nick has to respond to the claims.


I guess that makes some sense, but since the counter to anything Romeo's side says is going to be "No, what we said is really the truth!" it all seems like a waste of time.

Of course, the court of public opinion isn't going to decide this case, but it is going to decide a lot more in terms of PR and all that.

The whole thing is now My Word vs. Your Word, and in the end, I can't see that being 'worth' it for BF.


It can also be up to the lawyer's timetable as well. If Mr. Sreecharana has other matters on his plate it might not get filed until the deadline. If he wants a few days extra to review and perfect things, it's not going in until the deadline etc... There's no prize for filing early.


Agreed, but the 'prize' here might be something to help counter the negative press to date and try to generate some 'sympathy' for BF's side?

Probably not worth it though...


A few days' of public PR isn't going to help them much. No, they have far more to gain by blindsiding their opposition and hoping to win the case.

kronk wrote:Romeo and Kyle have given their opinions on recent 40k Podcast episodes. I don't know how much more they'll say publicly before the trial, though.


Whatever Romeo says outside of court can be pulled to be admissible in court, that's why lawyers typically advise their clients to shut their trap during any case. Individuals speaking on their behalf (or in representation of them) can sometimes be dragged into the case too, but I do believe that Kyle tried to shield himself by stating that his words were his own opinions. Of course, we all know that it goes far beyond just an "opinion".

Click here for my Swap Shop post - I'm buying stuff!
DR:90-S++G++M+B++I+Pw40kPbfg99#+D++A++/eWDR++T(T)DM+
Black Legion/Iron Warriors/Night Lords Inquisitorial Friends & Co. (Inq, GK, Elysians, Assassins) Elysian Droptroops, soon-to-add Armored Battlegroup Adeptus Mechanicus Forge World Lucius

 
   
Made in us
Regular Dakkanaut




 kronk wrote:
Romeo and Kyle have given their opinions on recent 40k Podcast episodes. I don't know how much more they'll say publicly before the trial, though.


Yeah it seems to have been a poor attempt at damage control. I think their execution of this however borders on being as slanderous, if not more, than what they are accusing of the other parties. Kyle straddles the fence of saying it's his opinion, but at times comes across as speaking as a representative of the company. These guys are only making it harder for themselves, and as they drag more people into it, potentially more expensive also. I hope their lawyer is getting paid well.
   
Made in ca
Dakka Veteran




carboncopy wrote:
These guys are only making it harder for themselves, and as they drag more people into it, potentially more expensive also. I hope their lawyer is getting paid well.


Look at the claims in the lawsuit filed in Arizona - communications with customers, business partners and potential customers / business partners.

If this continues on past the motion to strike, imagine how happy those business partners will be when they get dragged into this mess and get deposed under oath.

This message was edited 1 time. Last update was at 2013/06/10 18:28:42


 
   
Made in gb
Lesser Daemon of Chaos





Hampshire, uk

Imagine how Mantic games feel being dragged into the argument as well.

Latest Blog Post: 7th edition first thoughts and pictures.

 
   
Made in sg
Quick-fingered Warlord Moderatus





Lost in the Warp

Was there specific mention of Mantic in there that I missed?

Click here for my Swap Shop post - I'm buying stuff!
DR:90-S++G++M+B++I+Pw40kPbfg99#+D++A++/eWDR++T(T)DM+
Black Legion/Iron Warriors/Night Lords Inquisitorial Friends & Co. (Inq, GK, Elysians, Assassins) Elysian Droptroops, soon-to-add Armored Battlegroup Adeptus Mechanicus Forge World Lucius

 
   
Made in us
Quick-fingered Warlord Moderatus




Was there specific mention of Mantic in there that I missed?


I think that's referring to the latest 40k radio podcast. In the section where Kyle talks about the "click conspiracy" with BoLs, he talks about "how easy" it would be to go speak with their other advertisers and get them to pull support. Mantic, PP and several others were specifically mentioned in that although in all honesty I don't think that had anything to do with the court case so much as it does BF's frustration at the situation in general.

This message was edited 1 time. Last update was at 2013/06/10 18:48:08


Edit: I just googled ablutions and apparently it does not including dropping a duece. I should have looked it up early sorry for any confusion. - Baldsmug

Psiensis on the "good old days":
"Kids these days...
... I invented the 6th Ed meta back in 3rd ed.
Wait, what were we talking about again? Did I ever tell you about the time I gave you five bees for a quarter? That's what you'd say in those days, "give me five bees for a quarter", is what you'd say in those days. And you'd go down to the D&D shop, with an onion in your belt, 'cause that was the style of the time. So there I was in the D&D shop..." 
   
Made in us
Old Sourpuss






Lakewood, Ohio

 kronk wrote:
However, are we sure that this is what Romeo was upset about? Are we sure it wasn't something the event organizers had done? Do we have proof that Romeo yelled at the lady, or that she started yelling at him first.


According to Kyle, this issue with Mike Brandt's mother seems to have been caused by several of the staff selling some of the convention shirts and Kyle (by taking several of the shirts to give out by his own admission) and Romeo having issue with what had been done (by the "altercation" that had occurred). We have signed testimony from Mike Brandt stating what had happened, under the threat of perjury (if I read those declarations properly), and I believe there was at least 1 other declaration to corroborate what had happened. And from Tycho's post on page 11, it seems that Kyle himself said there was something heated between Mrs. Brandt and Romeo.

I realize that both Kyle and Mike are involved (due to Kyle being a BF employee and Mike having submitted a recount of what happened), but a third party vendor mentioned something in his declaration.

DR:80+S++G+M+B+I+Pwmhd11#++D++A++++/sWD-R++++T(S)DM+

Ask me about Brushfire or Endless: Fantasy Tactics 
   
Made in us
Decrepit Dakkanaut






New Orleans, LA

I've listened to most of episode 62. From what I understand, BF supplied the shirts to the convention to be handed out for free, but the organizers chose to sell them to cover their losses due to the storm, or something to that effect. BF told them to knock it off, and the argument ensued.

At least, I think that's what I'm getting from the story. I guess I'll need to read the signed testimony to get Mike's side of the story. Was that posted earlier?

DA:70S+G+M+B++I++Pw40k08+D++A++/fWD-R+T(M)DM+
 
   
Made in us
Quick-fingered Warlord Moderatus




I've listened to most of episode 62. From what I understand, BF supplied the shirts to the convention to be handed out for free, but the organizers chose to sell them to cover their losses due to the storm, or something to that effect. BF told them to knock it off, and the argument ensued.

At least, I think that's what I'm getting from the story. I guess I'll need to read the signed testimony to get Mike's side of the story. Was that posted earlier?


Basically what I got too although I didn't intend what I posted on page 11 to make it sound "heated". Listening to the podcast, Kyle made it sound like there was definitely a discussion, but I don't feel like he at any point suggested that things got to the level of what is stated in the official court papers.

Edit: I just googled ablutions and apparently it does not including dropping a duece. I should have looked it up early sorry for any confusion. - Baldsmug

Psiensis on the "good old days":
"Kids these days...
... I invented the 6th Ed meta back in 3rd ed.
Wait, what were we talking about again? Did I ever tell you about the time I gave you five bees for a quarter? That's what you'd say in those days, "give me five bees for a quarter", is what you'd say in those days. And you'd go down to the D&D shop, with an onion in your belt, 'cause that was the style of the time. So there I was in the D&D shop..." 
   
Made in us
Old Sourpuss






Lakewood, Ohio

 kronk wrote:
I've listened to most of episode 62. From what I understand, BF supplied the shirts to the convention to be handed out for free, but the organizers chose to sell them to cover their losses due to the storm, or something to that effect. BF told them to knock it off, and the argument ensued.

At least, I think that's what I'm getting from the story. I guess I'll need to read the signed testimony to get Mike's side of the story. Was that posted earlier?


All of the declarations in support of Nick are found here: http://bloodofkittens.com/blog/2013/06/07/network-news-battlefoam-v-blood-kittens-update/

DR:80+S++G+M+B+I+Pwmhd11#++D++A++++/sWD-R++++T(S)DM+

Ask me about Brushfire or Endless: Fantasy Tactics 
   
Made in us
Twisting Tzeentch Horror





Morgan Hill, CA

 Alfndrate wrote:
 Lansirill wrote:
Sining wrote:
Nothing Battlefoam or Romeo or someone whose livelihood DEPENDS on Romeo has said has refuted any of the allegations. I wonder just what kind of case Romeo thinks he has


The guy on 40k radio said that the physical altercation between Romeo and Mrs. Brandt didn't happen.


wait lolwut?

On a similar note: Carl, if you're still lurking in this thread. Did you and Geoff recap the story about the guy getting a battlefoam tattoo? Was he on the podcast, etc... Or did you two decide not to bring drama where it wasn't needed? I'm curious if there is first hand testimony available from that guy .


Geoff and I make a conscious decision to keep this kind of drama out of our show. Our show is about having fun with 40k and your friends. Not this kind of thing. We work hard on keeping it positive.

Everything I heard/witnessed was in my statement to Nick Haydens attorney. As Mike mentioned earlier, I don't think any of us sought him out to tell our experiences. The attorney came to each us for clarifications of the events.

For the most part I am staying pretty silent beyond what was said in the statement simply because don't want to make the situation inadvertently worse for any of the parties involved. It just feels like this thing has taken on a life of its own...

   
Made in us
Decrepit Dakkanaut






New Orleans, LA

That's probably the best approach. Stay classy, Carl.

I enjoy the Independent Characters podcasts.

This message was edited 1 time. Last update was at 2013/06/10 19:14:18


DA:70S+G+M+B++I++Pw40k08+D++A++/fWD-R+T(M)DM+
 
   
Made in sg
Quick-fingered Warlord Moderatus





Lost in the Warp

 cvtuttle wrote:
 Alfndrate wrote:
 Lansirill wrote:
Sining wrote:
Nothing Battlefoam or Romeo or someone whose livelihood DEPENDS on Romeo has said has refuted any of the allegations. I wonder just what kind of case Romeo thinks he has


The guy on 40k radio said that the physical altercation between Romeo and Mrs. Brandt didn't happen.


wait lolwut?

On a similar note: Carl, if you're still lurking in this thread. Did you and Geoff recap the story about the guy getting a battlefoam tattoo? Was he on the podcast, etc... Or did you two decide not to bring drama where it wasn't needed? I'm curious if there is first hand testimony available from that guy .


Geoff and I make a conscious decision to keep this kind of drama out of our show. Our show is about having fun with 40k and your friends. Not this kind of thing. We work hard on keeping it positive.

Everything I heard/witnessed was in my statement to Nick Haydens attorney. As Mike mentioned earlier, I don't think any of us sought him out to tell our experiences. The attorney came to each us for clarifications of the events.

For the most part I am staying pretty silent beyond what was said in the statement simply because don't want to make the situation inadvertently worse for any of the parties involved. It just feels like this thing has taken on a life of its own...


Coming from a community where there's a lot of drama and political bull going on, I truly respect this approach. You just earned yourself a listener.

This message was edited 1 time. Last update was at 2013/06/10 19:16:54


Click here for my Swap Shop post - I'm buying stuff!
DR:90-S++G++M+B++I+Pw40kPbfg99#+D++A++/eWDR++T(T)DM+
Black Legion/Iron Warriors/Night Lords Inquisitorial Friends & Co. (Inq, GK, Elysians, Assassins) Elysian Droptroops, soon-to-add Armored Battlegroup Adeptus Mechanicus Forge World Lucius

 
   
Made in us
Old Sourpuss






Lakewood, Ohio

 cvtuttle wrote:
Geoff and I make a conscious decision to keep this kind of drama out of our show. Our show is about having fun with 40k and your friends. Not this kind of thing. We work hard on keeping it positive.

Everything I heard/witnessed was in my statement to Nick Haydens attorney. As Mike mentioned earlier, I don't think any of us sought him out to tell our experiences. The attorney came to each us for clarifications of the events.

For the most part I am staying pretty silent beyond what was said in the statement simply because don't want to make the situation inadvertently worse for any of the parties involved. It just feels like this thing has taken on a life of its own...


That's fine, I was just wondering if the guy had come and talked to you and it had made it's way onto tape . I figured you guys would have kept it classy, just curious is all .


Automatically Appended Next Post:
 Enigwolf wrote:
Coming from a community where there's a lot of drama and political bull going on, I truly respect this approach. You just earned yourself a listener.


The ICs are probably the only podcast that can make me feel good about GW games and products, and Carl's pictures on facebook have made me want to pick up some deathwatch books and play in a game of that (and they haven't even recorded that episode yet!).

This message was edited 1 time. Last update was at 2013/06/10 19:18:08


DR:80+S++G+M+B+I+Pwmhd11#++D++A++++/sWD-R++++T(S)DM+

Ask me about Brushfire or Endless: Fantasy Tactics 
   
Made in us
Longtime Dakkanaut




 kronk wrote:
I've listened to most of episode 62. From what I understand, BF supplied the shirts to the convention to be handed out for free, but the organizers chose to sell them to cover their losses due to the storm, or something to that effect. BF told them to knock it off, and the argument ensued.

At least, I think that's what I'm getting from the story. I guess I'll need to read the signed testimony to get Mike's side of the story. Was that posted earlier?


I responded to this a page or so ago, fwiw.

Have to /agree re: IC; classy stuff, Carl.
   
Made in us
Master Sergeant




SE Michigan

This affidavit and romeo asking BoLS to back him up is somewhat damning in my eyes.

http://bloodofkittens.com/wp-content/uploads/2013/06/008_Declaration-Vela.pdf


edit: link fixed thanks Alfndrate

This message was edited 1 time. Last update was at 2013/06/10 20:01:17


 
   
Made in sg
Quick-fingered Warlord Moderatus





Lost in the Warp

 R3con wrote:
This affidavit and romeo asking BoLS to back him up is somewhat damning in my eyes.

http://bloodofkittens.com/blog/2013/06/07/network-news-battlefoam-v-blood-kittens-update/


Am I missing something here...?

Click here for my Swap Shop post - I'm buying stuff!
DR:90-S++G++M+B++I+Pw40kPbfg99#+D++A++/eWDR++T(T)DM+
Black Legion/Iron Warriors/Night Lords Inquisitorial Friends & Co. (Inq, GK, Elysians, Assassins) Elysian Droptroops, soon-to-add Armored Battlegroup Adeptus Mechanicus Forge World Lucius

 
   
Made in us
Old Sourpuss






Lakewood, Ohio

He didn't link to the correct declaration, check out the parts from the Wolf and Vela declarations (can't remember which one but they are the wargames con/bols guys) and one of them mentions Romeo asking for assistance to help "destroy"* Blood of Kittens.

* - Destroy is used by Alfndrate and not actually used by the declaration in question.

Edit: Specifically look at Vela Delcaration, paragraph 9, "On Monday, Mr. Filip called me again. He began by telling me he considered us to be friends. He claimed that he helped me developed my business and therefore I should be willing to do him a favor. He asked that I: 1) remove any links to Hayden's website from my websites, 2) delete any articles on my website that Nicolas Hayden had written, and 3) post an article on my site vindicating Filip and denouncing Hayden for liable. (should be libel)."

This message was edited 1 time. Last update was at 2013/06/10 19:49:01


DR:80+S++G+M+B+I+Pwmhd11#++D++A++++/sWD-R++++T(S)DM+

Ask me about Brushfire or Endless: Fantasy Tactics 
   
Made in us
Fixture of Dakka






San Jose, CA

You guys have been wandering all over the place for the past few pages. Back on topic, please.

Quis Custodiet Ipsos Custodes? 
   
Made in us
Dusty Skeleton




Waltham, MA

I don't have a dog in this fight, though it looks like a lot of people are going to lose time, money, and sleep over this no matter who wins. This is really a shame.

Whether or not what BoK is true, I'm no longer going to purchase Battlefoam products, based solely on Romeo's continued tortuous, irrational behavior. I'm also going to pass on WWX, for the same reason. It's a shame, as I love my PP BF bags and WWX looked neat. Just have to draw the line somewhere.

   
Made in us
Implacable Skitarii





Denver

Guess who has been banned from 40kradios forum for posting here and not supporting their community. Its nice to see Brandt's helping clear stuff up and Carl taking the right approach for this. Relationships are probably damaged beyond repair over this but I doubt it will matter come the outcome of this case. I will say Kyle is a stand up guy and do think its him vs romeo speaking through him.

To what we know, whether its he said she said, its hard to say it. idnt happen when someone else says the same. On the matter of the tatto for discount, Spencer of the old 40kradio offerred free lifetime membership for a tattoo. Feel sorry for all the kool-aid drinkers there. I also seem to recall on the old battlefoam website you got something for posting your bag somewhere around the world at the time tattoo for discount was around.

This message was edited 1 time. Last update was at 2013/06/10 21:37:52


   
Made in gb
Happy We Found Our Primarch




UK

So anyone know the next date where we might actually know something other than hear say, yabbering, boo hoo and "kool-aid"?

And am I not correct in saying that no matter who wins the legal system in either state means it's just a legal decision? I mean realistically reading some of the opinions here it really doesn't matter if Romeo wins for some does it? And even if he decided not to nail Nick to the wall out of kindness or otherwise then a small number (and lets face it there really is only a handful of 'dissenters' here compared to the total number of active members on Dakka and the wider gaming community at large) will immediately claim it proof of whatever your hearts desire anyway. Doh! Don't you just love legal situations!

That reminds me I must buy some kool-aid I hear it's awesome! Although I have yet to work out what it is but it sounds like I'll enjoy it.

Stay classy peeps.

Mickey 'Cant wait to buy a new 720 in blue and put a white World Eaters chevron on it' P
   
Made in ca
Dakka Veteran




 MickeyP2K wrote:
So anyone know the next date where we might actually know something


As far as california goes, that's largely up to the parties. We can see when stuff is filed, but it isn't available electronically unless either side uploads it. Or an enterprising soul goes to the courthouse and pays to photocopy it. The next big dates are in early july, the various motion hearings.

In Arizona, if the action remains in federal court, we'll be able to get stuff as it goes up on pacer.
   
 
Forum Index » Dakka Discussions
Go to: