Open call for Board Member and Moderator positions in Coin Return. More information here.
Sign up to win MNC Dover's voice! Details here.
You can now pre-register your username on Coin Return. Check out the instructions here.
Penny Arcade - Comic - A More Perfect Union Buster
Dog
Registered User, Administrator, Vanilla Staff admin
Registered User, Administrator, Vanilla Staff admin
Penny Arcade - Comic - A More Perfect Union Buster
Videogaming-related online strip by Mike Krahulik and Jerry Holkins. Includes news and commentary.
+6
Posts
Beyond that, the facts as acknowledged by WotC and Hasbro is that the cards were ordered through proper channels and a distributor somehow substituted an upcoming similarly titled set. They really should have just declined comment because if this guy is smart those statements are a millstone on their necks.
There's a few interpretations of the law in the US where you receive the incorrect item, but all of them involve the item you receive being your property upon receipt. You may wish to seek exchange for the intended item, you may choose to accept the substituted items... Some states have laws that let you demand both thanks to 80's predatory mail order marketers.
The cards were covered by an NDA/release embargo, but that is a contract that designated recipients enter into before receiving embargoed items. And he did not enter into that contract, so he was not violating any contract when he shared his property with others.
Hasbro stole this guy's property, interfered with his business, broke several laws I know of and probably plenty I don't just sending Pinkertons to the guy's house to do so, and they're responsible for any laws the Pinkertons broke (part of the reason they get away with so much is they leave their clients holding the bag when lawsuits come) and that sounds like several as well.
And they used the Pinkertons because they know the guy has receipts if they try to use law enforcement (the police might have gone there and arrested him but it would have failed in court and the judge would return the property) and reputable security companies would simply give them a copy of their jurisdiction, pursuit, and use of force policies and tell them they need a lawyer to do what they're trying because it's not legal to use rent-a-cops. Pinkertons, meanwhile, have been known to provide fingers to confirm kills.
Oh, by the way, the NDA for those people who got preview copies expires on May 2, nine days after the attack on this guy's home, and all 50 cards in the set were leaked more than a month ago. So great job WotC getting everybody pissed off for zero gain when they'd finally stopped talking about the last time you pissed them all off for zero gain. Trifecta in play?
If they sent the guy an email with threats of legal action, he might read it on stream, and one of his viewers might be educated enough to poke holes in their position (which WotC has probably not researched the legality of).
But when Booker Freaking DeWitt shows up at your house saying, "give us the cards and wipe away the debt", the kid is going to panic, and any other poor streamer who gets sent the wrong cards in the future is going to panic. So they maintain control.
That seems like it might backfire if the streamer becomes mostly famous for suing them for millions of dollars.
Institute for Justice is also very big on governments and corporations abusing gray laws to violate individual property rights.
pleasepaypreacher.net
"Risk management", heavy on the quote marks.
After this fiasco, I'm kinda glad it didn't do well. Hasbro doesn't deserve a return on any of their properties or IP if they're going to pull this shit.
Dungeons, a division of Activision
Dragons now property of BlackRock Securities
&: a wholly-owned subsidiary of Itochu Corporation
If they set foot inside their house without permission, it's trespassing. Even if it's a literal foot. An assault is the reasonable fear of being attacked. Reading the article plus the update, it's clear that both occurred.
I hope this guy has talked to both the police and a lawyer. You tell the police, or local sheriff what happened and that you want to press any applicable charges you can against anyone who was involved. Then you get the lawyer to start working on the civil stuff.
Hit them from both ends. The civil stuff might be easier to tie up, but I guarantee a warrant being served for trespassing, assault, and potentially attempted battery is not going to be something that can go unanswered. Which is exactly why they DON'T want the police involved.
Even if you have really good odds on those dice, the stakes are so much higher for you than for the corporation. They can take 10-1 odds on a loss that is already budgeted into their expected legal expenses. Can you take 10-1 odds on a case that will put you into eternal debt and wage garnishment for the rest of your life if you lose?
Or do you just give the scary men at the door what they want and let the company break the law for free?
There's is a big difference between civil and criminal law.
Call the police.
I mean I'm pretty sure legally any person demanding to enter your house and take your stuff never has that right if they aren't law enforcement with a warrant or accompanied by law enforcement with a warrant (misuse and abuse of warrants and civil asset forfeiture aside).
Now, in the moment, when armed goons show up at your door, probably best to let them in to do their thing in peace, but doing so doesn't make what they did not illegal. It just means that in court you get to say "yeah a bunch of armed goons showed up at my door and I feared for my life and didn't want bullets flying around my neighborhood, so I let them in to steal my stuff " in court.
I wouldn't be surprised if there's several organizations salivating at the chance to represent this guy in court.
Counterpoint, ACAB.
To add a little more, for a good majority of the population nationwide and especially those drawn to D&D, the cops may at best just go along with the thugs or at worst shoot you dead "legally".
To do what? Turn up in an hour's time and shoot your dog because it looked at them funny?
Or you, because you were armed with a cellphone?
Yeah my very first thought is that if Pinkertons are on property and I call the cops, they'll just chat with each other back in their conglomeration of squad cars and hummers and trucks and discuss how they're gonna steal my shit together.
During the movie it really irked me to see "Based on Hasbro's Dungeons & Dragons"
They really want everyone to associate Hasbro and not the people or company that actually created it
...yeah. Somehow I really doubt that.
And you're no longer going to associate with the PA forums, which is owned by PA, which associates with WotC, right?