(Topic ID: 92436)

John Popadiuk update thread……MAGIC GIRL, RAZA, AIW…..

By iceman44

9 years ago


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34 key posts have been marked in this topic, showing the first 10 items.

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Post #7211 Zombie Yeti (Jeremy Packer), first post on the Magic Girl/JPop fiasco Posted by zombieyeti (9 years ago)

Post #20523 Link to legal documents with allegations & responses Posted by DennisK (7 years ago)

Post #20526 Third amended complain document Posted by c508 (7 years ago)

Post #20532 Summary of complaints & responses in legal documents Posted by DennisK (7 years ago)

Post #20626 MG is now ready! Posted by TecumsehPlissken (7 years ago)

Post #20631 Scott Goldberg mail on MG completion Posted by TecumsehPlissken (7 years ago)

Post #21819 Information on webpage dedicated to Magic Girl Code Features. Posted by applejuice (7 years ago)

Post #22024 moderation notice Posted by Xerico (7 years ago)


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#125 9 years ago

Maybe this has been brought up before but...

...as someone from the outside looking in, how would one even know what products are being offered other than seeing a few names of games that don't exist floating around?

It seems like if someone wants to sell something, they would provide some information about the product.

Guess I just don't know what's going on here.

It also seems like we're talking something that you have to pay for before you see it. (Have no idea. Threads like this are confusing). Reading this thread, it reads as if you have to deposit some money and sign an NDA before you get to see what is being offered.

Is there an official place to see public information about these games? Otherwise any posts on the subject are just confusing. At the same time, it seems like if someone wants to sell something they would tell the public about that something.

#134 9 years ago
Quoted from homebrood:

Good luck getting your games. Zidware=Vaporware

Quoted from iceman44:

You are correct that It may never happen, but I certainly wouldn't bet against it.

Putting big money down pre-ordering anyone's initial game offering is a risk that should only be taken with funds you can afford to lose. The risk with IPB for BBB took almost three years but worked out okay. The risk with JJP for WOZ is working out (though some still don't have their WOZLE yet). MMrLE from PPS doesn't seem to be too big a risk (and only required a $1K deposit). On the other hand, those that jumped in on that Australian MM remake didn't fare too well...

If the risk pays off with Jpop then the reward will be having one of the few copies of a very rare and highly sought after pinball game. Owning Magic Girl may be like having one of the nine Capcom Kingpins.

-2
#137 9 years ago
Quoted from jazzmaster:

And, at this point, that's all there is to see. The dev site is not live yet.

John said its coming by mid June for AIW, be on the lookout!

I've paid my deposit for that one based on what I've seen on RAZA

4 months later
#813 9 years ago
Quoted from TigerLaw:

I respectfully disagree. If the LLC has insolvency issues the juice may simply not be worth the squeeze - I guess this depends on whether a potential plaintiff can find someone willing to take the case on a contingent basis which in my view may be unlikely.
How much in salary do you think JPop has taken? Possibly a good amount over the three years (obviously I do not know this but it would lead one to assume that solvency may be an issue if it comes to litigation).

I am confident that we are talking past each other.

Please understand my point, which is the fact that Zidware being LLC has zero to do with anyone considering a lawsuit to recover their deposit having second thoughts because of that fact.

Nobody is talking about insolvency! We are talking about a simple suit to get a deposit back. From the company it was paid to. That's Zidware, which is a LLC.

You are acting as though nobody should file suit simply because it's an LLC. That makes no sense at all. A few people filing suit to get their deposit back isn't going to cause Zidware to be insolvent. If it does, the problems are bigger than we thought. But even then, the fact that it's an LLC has nothing to do with it.

You seem to be implying that if JPop's personal assets were available, only then would a suit make sense? As though JPop is a rich guy or something?

#815 9 years ago

^ Well said.

Again, though, I would say that a few guys asking for a refund of their deposit shouldn't put Zidware into insolvency. If it did, that means the pins were probably never going to be finished anyway.

Obviously if there was a "run on the bank" where everyone started demanding their deposits back, there would be an issue of insolvency.

#824 9 years ago
Quoted from RobT:

I am confident that we are talking past each other.

Please understand my point, which is the fact that Zidware being LLC has zero to do with anyone considering a lawsuit to recover their deposit having second thoughts because of that fact.

Nobody is talking about insolvency! We are talking about a simple suit to get a deposit back. From the company it was paid to. That's Zidware, which is a LLC.

I agree. We are talking past each other. Also, I again stress this is purely theoretical. That said, i will flesh out my point a bit further as I do not believe either of us disagree with the other's position. I am making assumptions here and have not seen JPop documents regarding the deposit - I am not giving anyone legal advice.

My assumption is Zidware was not capitalized with much, if any, outside capital besides start up costs (incorporation fees, attorneys fees, cpa fees perhaps, a couple other minor matters). My assumption is the deposits were actual capital used in the development of the game (the word deposit can be misleading). My assumption is to the extent there was capital put into the company it was a type of debt that was collateralized with the assets. My assumption is employee fees over the past few years have consumed much of the capital. My assumption is outside fees (possibly attorneys protecting IP and what not) have consumed more capital.

All of the above in mind, I then move to the thought that it is pertinent that JPop is not personally on the hook. If JPop is not on the hook personally he may just walk away and not finish anything if he feels any heat or pressure or is just tired of dealing with things. There may be no meaningful assets to even make it worth obtaining a judgment or collecting a judgment. Also, the person who brings the action ends up carrying the water for others, something that is usually not appealing.

If (and that is a big if, I am expressly not saying there is any problem at all with JPop) there is a problem and deposits are not voluntarily refunded it may not be worth people hiring an attorney (even on a contingent basis, if they could find one willing to take the case) to recover whatever may be around (if anything).

Again, this is purely theoretical. I will bring future discussion on this subject only to PM.

-1
#1022 9 years ago

The people who put down a deposit/paid for game in full have to sign an NDA. That isn't really a great marketing strategy to get additional sales..

1 month later
#1318 9 years ago

I have been in on RAZA CT#11 from the first week.

About six months ago I spoke with John about getting on the magic girl waiting list. He told me no problem, and guaranteed me a magic girl, but refused my offer to take any deposit money.

I viewed that is a very good sign because if he were only out to take deposit money, and never deliver a game he would have taken the money on the spot.

I am super impressed with what I have seen on both pins. Hope he is able to execute his announced reveals on time.

#1333 9 years ago

Ok, I'm kind of confused, are people paid in full for these game or do you just have a deposit of like $1-$2k? $17k for MG seems RIDICULOUS especially if you're required to pay this far in advance... As for those with some skin in this, have you actually shelled out $17k for a game you've been waiting months for? Or are you $1-$2k in and waiting for the final product before paying in full? Jpop has done some fine things during his career but he's still just a man making pinball machines... What's the deal?

#1444 9 years ago

I was in on TBL but cancelled because i'm sick of pre-ordering and want to stop the madness. I will buy one on release. Also got out of Predator last year (thank god).

Besides RAZA, which I'm apparently stuck with since there are no refunds and no takers (not selling for $1k ), I've got a Full Throttle coming but at least that was only $1k deposit and was put in at the end of development, not the start, and I should have it soon.

I'll probably do that with Stern again, knowing I'll have my game 4 weeks later, and if Heighway delivers, do it again for their titles on release, but no more throwing money in based on a fantasy.

1 week later
#1628 9 years ago
Quoted from sd_tom:

Who's got the cojones on AIW here at this point and give him additional funds? Iceman?? your sobering thread was a few hours ago..

As I sit here drinking a beer(s) before the show, yes, I already put a deposit down on AIW months ago!

And it bought me a ticket to MG, I did say Jpop's were the only pre orders I have left. Well there is Alien too

Sack is right, I'd venture to say the whole company is riding on these reveals. Gut says John comes through. Because I'm a positive thinker!

#1648 9 years ago

I'm still trying to figure out why Skit-B needed more than half from every owner to get the ball rolling and that was more than 6 months ago. What the heck, AMH didn't need half from every owner and they are actually making the games.

At least I think MMR is just a small deposit, but in all honesty they should refund anyone who asks based on their missed timeline. Imo

#1798 9 years ago
Quoted from kaneda:

Question for you guys with a horse in the race. If a full game isn't revealed what's your next move? I'm sure John knows the pressure, but would you back out at this point? Hold on?

This will be the interesting point in the future. Right now, john has half of the money for the Raza machines. Given the delays and cost increases that have resulted from the delays, at some point he will either need to pre-sell a fourth or fifth machine or he will need the other $500,000 from the Raza buyers. I can't imagine that many raza buyers are willing to sink in the other $5,000 at this point. Based on posts from two of his vendors, he currently can not pay his bills so I doubt he can afford to pay the bom to produce each machine. Even if he got outside funding, he would have to clear up his debts to and relationships with his vendors.

I already consider my first $5,000 basically lost and I am not going to give him any more. He will either just not produce my machine or he will need to find another buyer. His silence in the face of the questions being posed has eroded my confidence and the confidence of other potential buyers. His bad business practices have cost him many of the 130 loyal raza customers and have likely scared off many others who were considering getting in on a machine in the future.

Will he eventually be stuck with a RAZA that only sells 25 units because no one will send him the rest of the money? He would serve himself well to go above and beyond to provide service to the people who put him into business in the first place. Instead, he has created a loss of confidence that becomes like a bank run. No one is going to deposit more money with him and he will eventually be stuck without some outside financing.

The people I feel bad for are the guys making wooly. They have acted responsibly by setting the price high enough that they can afford to make the machine. They have partnered with spooky which actually produces working machines. They also said they will not produce unless the market will support them selling 100 machines. Unfortunately, their responsible approach has likely stalled given the recent problems with the other boutique pinball companies.

#1817 9 years ago
Quoted from pinstor12:

did the refund policy change, like the game?

As far as I know, the refund policy never changed.

I don't remember the exact amount of time/dates, but the original deposit (made years ago) was fully refundable up to a certain date. After that date elapsed, refunds would no longer be available until that spot was sold. As Frolic said, originally there was a list of people waiting to get in, so even after that date, refunds were still not much of an issue.

As more time has elapsed, with little signs of this pin shipping any time soon (especially with MG nowhere to be found), combined with all the other new offerings coming out (including TBL etc), fewer people are on the wait list (if any) and people find themselves having to sell their spot in line themselves, usually without success.

If JPop was able to come through with an amazing "TBL effect rug reveal" with a fully working protype of MG, you'd probably have more people willing to take a chance on RAZA and buy a few of the spots from people who want refunds.

At some point, though, this is going to come to a head, and if more meaningful information isn't forthcoming in terms of when RAZA will be shipping, you will have more people getting to the point of *demanding* a refund (vs. "requesting" a refund) and that's where things could really start to go bad.

Frankly I think a lot is riding on MG and it's big "reveal" (some photos sent only to MG owners does not constitute a "TBL effect" reveal).

#1935 9 years ago
Quoted from Mr_Freshie:

He is asking for money, for AIW. Got my package the other day requesting another 2g.

That, is F ing hilarious and you can't be serious! Was that the initial deposit or he's asking for another 2g?

I hope you aren't considering it for a second!

#2004 9 years ago

Got to admit a Pussycats is appealing. I like both themes, should be a slam dunk. Unfortunately does not look feasible with all the other delayed projects. Won't be sending in a deposit though...prepay model has fooled me three times, so must draw the line.

#2011 9 years ago

It was a mistake for Cointaker to get involved in this to begin with. I don't know how much money they were going to make on each CT version, but I doubt it was worth the risk. I assume that CT simply forwarded the deposit money that they received to Zidware? If so, it is highly unlikely that CT will issue any refund until they get the money back from Zidware.

I would think that the people who ordered through Cointaker are in a slightly better position than those who ordered direct from Zidware, as they are a more proven company that would have liability for the refund on top of Zidware.

Those who bought from Cointaker: who did you make the check payable to? Cointaker or Zidware?

I wonder what kind of company Zidware is? LLC?

#2035 9 years ago
Quoted from frolic:

Well our money built his company, and we're not allowed to see those results

First off, I am on the buyers' side here in the grand scheme of things. But as far as what buyers are entitled to, I think a couple of you are talking and thinking as though you are investors in the company. You aren't, you don't have company stock so you don't have the "right" to information about product development. If JPop received money from you for RAZA, you as a customer simply have nothing to do with MG.

Whatever information is being sent out would fall under customer service, which is obviously very bad in this case. Same with timelines and whatnot.

As a pre-orderer in pinball, as in anything else, you are just paying early for a game so you get "dibs" when it's made. If you pre-ordered a new assassin's creed video game from ubisoft, do you think they would appreciate getting letters and demands from you on how their new game "Santa's Quest: Chimneys of Fire" or whatever game they're working on is doing?

Pinsiders are using their pre-orders as leverage to try and get "inside" John's business. And I fully understand that, I would be trying to get in there too after this long and that much money. I'm just saying John will not let you, and he obviously doesn't think your preorder entitles you to it.

The only real "right" I see is the right to your deposit money back. If you signed an agreement to waive that right, then you don't really have any rights left unless you can show that he has no intention of delivering the game. Then he would be guilty of fraud.

Once you sign away your right to a refund, at that point you are pretty much depending on John to be a decent human being and a responsible businessman who respects and values his customers.

#2098 9 years ago
Quoted from lllvjr:

I would love to see someone break the nada and post everything... He would probably cry and stop updating...

Me too. At this point it almost feels like he's waiting for someone to break it. I bet if you break the NDA he'll try to kick you out and keep the deposit.

With all the warnings on site of NOT TO BE DISTRIBUTED, CONFIDENTIAL, DO NOT RELINK, DIGITAL WATERMARKS for tracing leaked images etc etc etc.... I know it would be a monumental task to individually watermark the images with some kind of user identifiable info, but at this point I'm guessing he's just paranoid enough to actually do it. At which point he'd keep the $ and no longer have to listen to us whine on the blog, so basically a win-win for him and everything to lose for us.

I wish Aurich was in on this project, only so he'd light up the blog. Too many of the owners are still silent.

#2160 9 years ago
Quoted from sd_tom:

If you want scorched earth, I hear Phil might be available. Have to laugh or cry at all these shenanigans.

Phil could refund deposit $$

#2481 9 years ago
Quoted from YKpinballer:

AIW deposits are $3895 and total price is x4 = ~$16k

Say what? I had sent in an original deposit of $1895 in large measure just to support Jpop knowing that AIW would be a LONG ways away.

This is the first I've heard of this price tag.

#2483 9 years ago
Quoted from iceman44:

Say what? I had sent in an original deposit of $1895 in large measure just to support Jpop knowing that AIW would be a LONG ways away.

This is the first I've heard of this price tag

Yeah, I know. I had seen an earlier post from you saying you put 1895 as your deposit.

The brochure didn't mention the total price, but asks for a $3895 deposit. So I asked him directly and he said it's broken into 4 payments. So unless there's some wacky payment scheme, I assume that means 4 payments of $3895 (ish). Might be time for you to give him a call and please correct me if he says otherwise. I'm going off assumptions here.

#2484 9 years ago
Quoted from iceman44:

Say what? I had sent in an original deposit of $1895 in large measure just to support Jpop knowing that AIW would be a LONG ways away.
This is the first I've heard of this price tag.

Ditto... >=|

Minus having sent a deposit, but we did get an info pack with the seal thingy from him. I'm still not sure I'd sell two great games for it, but if his crap ever coalesces from dookie into diamonds, I might want to get in on AIW..

#2486 9 years ago
Quoted from ChrisVW:

That price is WAAAAY more than I was told. Wow...

edit: CONFIRMED

See, I have a similar page with my brochure but the price has been removed.

Also yours is called Original 10/6 "Mad Hatter Model" Velvet edition

Mine is referred to as Mad Hatter Edition 1/133 in the top left corner. On another page it is referred to as "The Mad Hatter 10/6 edition"

I don't know if you guys got in early enough that there are 2 seperate editions and you got a price break.

But I can directly quote him from an e-mail saying "We do not make an LE, but make just 1 model and load it up as best I can with art, features, ideas, mods, etc. So no "bait and switch" or upsell." So like I say, one of you with a deposit down should probably get it straight from the horse's mouth how much these machines are going to cost you.

#2501 9 years ago

I think I read somewhere that it is 5 magna flippers on MG. Also, my deposit on AIW was $1895 and he just asked for an additional $2000 which is why he is asking all new deposits to be $3895 (guessing). The price on my original flyer is the $9865 as well.

#2646 9 years ago

I emailed Jpop through the zidware website expressing interest as a potential customer wanting to make a deposit. It took him approx. 6 weeks to finally get back to me with an email saying nothing more than "Give me your full name, mailing address, phone # and ill get in touch with you"

This was months ago and came across a bit stand offish and flaky to me so i decided not to get involved...

Just thought i would share that for what its worth

Sorry you guys are in the house of pain with this guy, fingers crossed for the best!

#2797 9 years ago

I'm willing to pay a fee to get help with this. PM me. Thanks! I will also sell my spot for 5500. I have 6250 on deposit willing to take a 750 hit

1 week later
#2977 9 years ago
Quoted from RobT:

Will JPop even bother responding to emails anymore? Does he respond to anyone who sends him an email asking for a refund? If so, what does he say?

I called and spoke with him weeks ago about a refund. He said no problem I will send a letter. Well since than I have called and emailed several times with no response. Well finally...
I received a refund letter in the mail the other day. It basically says that he has received a request either by phone or email for a refund. It further says that when he received money from a new owner he will than refund the deposit money. He than asks you to sign the letter and send back all initially packet of information and I guess that will start the process. In the original contract it states that if a new owner if not found a refund less 25% will be given after X date. The issue is he is sticking to his no refund date but that's also the date it was suppose to be basically complete. Omg I'm getting confused just trying to explain this...

#3027 9 years ago

Remember when duke nukem forever was released 15 years after announcement? It changed hands, people got sued, the game engine changed like 3-4 times.

Anyone that put down a deposit for pre-order at babbages etc. probably lost it because they went out of business, then got sold to barnes & noble, then split back off as gamestop.

And then big excitement drummed up when they showed a very early PLAYABLE beta game because a small team decided to buy the rights and access to all the files so they could put the nail in the coffin. Then it came out, and it ended up being extremely linear (no exploring), none of the original plotline from the original trailer, no jetpack, and the load times were horrible (45 seconds per level).

10
#3149 9 years ago

This is what I just posted I'm beyond baffled at this

John I want my damn deposit back now! The letter you sent regarding refund is complete bullshit! Your timeline is way off so give me my monies back and find someone on your own to take my spot. Your in breah of contract. Oh that’s right no one wants my spot not even at a $750 discount as I offered on pinside because you have yet to produce one game when your working on 4!! RAZA is one year late and your talking about artwork?? Your contract says you will communicate any delays in a timely manner so what is the complete status of RAZA an when will it come out so I at least will have something to sell because your obviously not giving my $$$ back!! If I would ever get your pin I would sell it in spite of how nonprofessional and disrespectful you are to your loyal customers and everyone that believed in you including vendors and Chris at Cointakers wow I feel bad for him he was your biggest advocate and supporter and your completely shit on him by not paying bills, avoiding questions and advice because you are to much of a ego maniac to humble yourself and comes to terms with where things stand, how to come through on promises to us, How to be a professional businessman and give back to those who are putting food on your table, funding this project and putting dog food in pebbles bowl. I lost my new home deal and Christmas to my family in there new home because you have my money and I couldn’t come up with the 5% down deposit money. Goodluck in 2015 buddy u lost all respect from me.

#3220 9 years ago
Quoted from TigerLaw:

The timeline is totally meaningless. I could make up a timeline of building the next Space Shuttle. Doesn't mean I have the know how or funding to do it.
I do not believe JPop has the know how or money (left) to build what he has committed to at this time.

And this is what the owners will have to think about and decide what they believe in terms of whether the money is gone or not, and whether RAZA can ever be made.

If the owners decide that the money is probably gone and/or that RAZA can not be produced, it would make no sense to be satisfied with a written timeline from JPop.

My concern is that if the money is in fact almost gone, JPop has incentive to come up with a written timeline that he swears that he can and will comply with, which may very well only serve to further delay the inevitable, and eat up even more of the deposit money with it. Meaning that when a lawsuit is filed after he once again fails to comply with a timeline, there will be even less money available in whatever "pot" is left.

I'm sure that the owners will all be discussing these issues in private, hopefully with Doug (Ice).

#3339 9 years ago

LOL, I didn't say I was going to pay for it up front. I might put up a deposit, maybe. I am most likely going to buy the PL pin from Jack but AIW is my fantasy theme and I would wait on it if I could see some proof that it will exist in the future. That is why I want to talk to the man. I cant get a email reply nor has he ever answered any of the numbers I can find or have been given.

I have read every one of these posts and again that is why I want to actually speak to the man.

#3476 9 years ago
Quoted from rai:

This is the biggest problem with his model as well as the Nemo pin to be fair, that was sold out before it was produced.

Regarding Nemo: somewhat inaccurate, let me explain:

The initial limit was fixed at 30. Antonio kept "preorders" for Nemo (with no money required!) open for a year. Never reached 30. Around 20 I think.

At one time he had to order parts and asked people who were in for a deposit. 14 stayed in. So he placed orders to manufacture that number (hopefully with some spare parts if necessary).

Now the machine can be consired as "sold out" because he would not make more.
Once the 14 are produced, if people like the game, he would still be allowed to make 16 other games and keep his word. I doubt he wants to make them but if the feedback is good, try petition him to make these extra games... but let him finish the 14 first!

Note that there is still a waiting list according to http://www.quetzalpinball.com/menu/order
I know that at least a few of the 14 have not paid in full - so there is still a possibility that a few would drop out.

By the way, this limit of a few dozen is probably the upper figure you can assemble without a factory. So announcing a low run makes sense. He is building these pins in his home. Mine is expected hopefully soon !

Antonio next game will involve partnership with a game manufacturer. A higher run becomes realistic.
In any case, as you can guess with Nemo priced at €4,400 (without sales tax) Antonio is not making a living out of it. He told me he lost $$, without including any salary for himself and the workers (his wife!). He (they) keeps his regular job and builds games when he finds the time.

The ultimate boutique pin!

For better or worse, like a marriage, I knew what I signed for 32 months ago, and I am still in!

Post edited by jlm33: grammar/clarity

1 week later
#3836 9 years ago

So how do those of us that gave him money, get it back?

I feel we are all going to be out our deposit.

If there are any kool aid drinkers left, I'll sell my $6500.00 spot for $5250.00 cash right now. Or I'll trade it for a game around the $5000-$5500 price range. That's almost a 20% discount for one lucky potential buyer.

Any takers ?

#3947 9 years ago
Quoted from Aurich:

Every pre-order has been a disaster and a headache. Jpop, Rick, Kevin, DP, whoever.

How was Wooly pre-order a disaster or headache? Did not work out, everyone got his deposit back within a few days... Scott handled things as promised.
Failure maybe (but the story may not be over); Disaster or headache : no.

MMr is probably a headache but does not seem a disaster...

3 weeks later
35
#4328 9 years ago
Quoted from frolic:

We have to figure out an outcome where everyone wins. Scorched earth makes for good pinside drama but not good for the people actually involved.

There won't be any scorched earth because there will be no lawsuits of any kind. It's just not reality, what lawyer would waste his time on such nonsense and who would pay him? Nobody gets a pinball machine and only the lawyers get paid.

That said, I just got off the phone with John, spent the last hour and a half with him.

There is a ton of misinformation out there.

He's not moving at the pace everybody would like, which he fully acknowledges, but there is a ton of stuff to show and reveal that will be done by opening up the Blogs on each project to everybody so they can see for themselves, and him adding additional stuff to it.

News flash, John has an accounting firm that handles all the tax issues and reporting. He does have the cash to build our pins with the remaining deposit money due. I told him to use me as a resource from that standpoint and he plans to take advantage of it.

We talked about firing himself from the $15 an hour work that an assistant does and focusing on what matters. That is easier said than done for a non business guy. He's had an assistant that he had to get rid of because she got nothing done timely!

I'm an excellent judge of character and John is the farthest thing from a scammer, con artist, etc. That's MY judgement after speaking with him for that length of time.

John is a good guy that gets his feelings hurt and that's just the way it is, I told him what I think and how he should react to the negativity and criticism, including from myself. Don't retreat, embrace it head on, full disclosure and "don't let the bastards wear you down".

There are people working and helping to get things done. John's no dumbass as a designer and there is a shitload of stuff to conquer, i.e. JJP Like Jack, he's not the master of communication or thinking things through.

John and I agreed to talk at least WEEKLY, with updates and whatever help I can provide him from a legal, tax and financial standpoint. I'll pass on whatever info he gives me.

Anybody can feel free to call him, don't be intimidated, he's a great guy.

It's time to put the pitchforks down, you will get an incredible pinball machine at the end of the day.

For the record, he hasn't paid himself in months and offered to allow me to verify that claim.

#4335 9 years ago

Great work ICE, Did you ask him if he had a fully working prototype? And we want to see a video of it ASAP.
And when is he expecting a production date? Or who might do the production?

Quoted from iceman44:

He's not moving at the pace everybody would like, which he fully acknowledges, but there is a ton of stuff to show and reveal that will be done by opening up the Blogs on each project to everybody so they can see for themselves, and him adding additional stuff to it.

When is the expected timeframe for this reveal?

Quoted from iceman44:

News flash, John has an accounting firm that handles all the tax issues and reporting. He does have the cash to build our pins with the remaining deposit money due. I told him to use me as a resource from that standpoint and he plans to take advantage of it.

How many people owe a remaining deposit? Most people have paid in full I thought.
Again, it's great you contacted him ICE, and will have weekly communication.

-1
#4378 9 years ago

So I pulled off the seal on my Queens's Card. Unfortunately, the ink was coming of the the entire card and I couldn't decipher what "secret code" was printed under the seal. That'll keep it a secret If anyone ever figures out the purpose for these cards please let me know.

Yeah, Jpop was nice and timely when I corresponded with him a year or so ago. The fact that the guy was taking time to talk to me every time I contacted Zidware seemed odd. So an "intervention" is/was probably needed. Not sure why so many of you folks in on the games are taking John's "acknowledgement" of the problems as anything other than a stall tactic. I'm not saying that in a mean way.

Quoted from Baiter:Sounds like the only way owners will their games is to do what Iceman is doing... volunteer time to help relieve Jpop of everything that doesn't have to do with designing the games.
Possibly there will be a lot more of the deposit givers building their own machines than anyone realized...

Disclaimer: nothing but 100% respect for John, even with all that has transpired. I love Jpop games. Not in on a pre-order at this time.

#4569 9 years ago
Quoted from Euchrid:

Got it, that makes sense then. He wouldn't be representing JPOP or the corp anyway in the event of such.

Correct. I'm only representing John in IP matters (and no, he has never spent or 'wasted' a lot of time or money dealing with patents). But I do want to see these games get finished and be great, so I have been trying to help that process along. John is seeing how important that is--opening up the MG and RAZA blogs is a HUGE step for him. And new info should be coming soon.

Maybe I'm sticking my neck out a bit, but I am just trying to get things moving in a positive direction, and countering much misinformation that is presented here. As for refunds, there IS a waitlist and for the most recent request he received, he processed it in a reasonable time, sending paperwork, then sending papers to the waitlister so he could get the new deposit and refund the original buyer. And then the buyer decided he didn't want to cancel. (Someone here could verify this, but it's ok if you don't! )

I can't make up anybody's mind for them, but I would at least suggest waiting a short while to see where things are and how cool they are. John seems to be shifting gears and is back to addressing the various complaints. And the games will be THAT good imo. Just my perspective, having seen the workshop very recently and having asked lots of questions. I know visiting JPOP is not feasible for all customers--would be a lot simpler if it were!

1 week later
#5033 9 years ago

Get money back? haha. I had to bail after my first payment due to Hurricane Sandy and John never sent me my refundable deposit back. I have called and emailed many times. As far as im concerned I’m still on the project bc he has my deposit. Everyone getting their money back? That’s a good one.

#5119 9 years ago

Haven't tuned in for a bit..
but is now when we sing along to the Doors "The End"..
apologies ahead of time to owners who can't get their money back.. I was very close to being there.. several emails w/ Jpop... opportunity to get in on a RAZA owner that bailed... make a 1/2 deposit on AIW... waiting list for MG...
I'm disgusted with JPOP!

#5370 9 years ago
Quoted from gweempose:

How did most people pay JPop for their games? All the money I gave him was via personal checks. Did anyone use PayPal? IIRC, John stopped accepting PayPal shortly after the initial RAZA deposits.

Correct. After the initial deposit, he moved away from Paypal.

22
#5606 9 years ago
Quoted from Aurich:

"Some vendors are probably upset because he has checked out many, going with the cheapest option for quality parts when he can, and those that were not on board after prototyping are understandably unhappy."

I'm guessing that whatever the truth is behind that statement is the source of the problem here.

That quote is both hilarious and insulting! When you deliver more than a thousand (approved and signed off on by John) PCB assemblies and you don't get paid for them, we're not talking about "not on board ... understandably unhappy".

I'm in manufacturing. I have lived and breathed it for 20+ years. I know how a typical bidding process works and usually, it's just another day at the office, win or lose.

The fact of the matter is, every project that I worked on and delivered to Zidware has FULL documentation. That is: Zidware requests a part, GLM quotes it, Zidware creates a PO, Zidware sends deposit check, GLM does the design work and sends it to Zidware for approval, Zidware approves the design, GLM produces the part, GLM delivers the part, GLM sends an invoice, Zidware pays invoice.

If the case were: Zidware requests a part, GLM quotes it, Zidware says "No thanks, someone was cheaper.", then I'd have no issues to gripe about. I'd have been more than happy to let someone else take it on (and be in this position). But that isn't how it went down.

#5623 9 years ago
Quoted from sammiesguys:

As someone who was Predator'd, I would recommend you guys check the dates when you paid and what types of protections your CC offers you if you paid with it. I haven't followed closely so I'm not sure how people were paying.
Those dates and protections could end up being critical if you need them. I have no idea what's going to happen with Jpop, but it's best to be prepared.
And keep an eye on how things go with us (I figure you probably already are). We are the guinea pigs, but it may end up being useful to you, if necessary.
Hopefully Jpop gets these things sorted out and none of the above will matter. Good luck guys.

Correct me if I'm wrong, but I don't think anyone who has money with JPop was able to pay him by credit card or Paypal. We are talking personal checks. At least that's how I paid when I was in, after my initial deposit that was paid by PayPal was refunded due to Zidware not setting up the PayPal account properly.

#5819 9 years ago
Quoted from RobT:

I wonder what percentage of RAZA owners would request a refund if they could get one?
And no, I'm not going to start a stupid poll.

I made that poll 2 months ago, 75% said they'd rather take their money than stay in the project. (57 people voted, however it's not scientific because people that don't actually have the pins on order could have also voted which would screw up the data).

I wonder if John knows this or cares. The only way for John to know (unless he reads this thread) is for all dissatisfied owner to call him up and say 'give me my refund or make progress to shipping a game in the next 6-10 months'. I mean shipping games not having a prototype. If John is not in a position to begin shipping games in the next 6-10 months (IMO) he should refund all money (maybe keep $1000 deposit) and re-collect money when he is close to shipping.

I think the frustration level has not gone down any in the past 2 months.

https://pinside.com/pinball/forum/topic/if-you-are-in-on-mg-or-raza

#6017 9 years ago
Quoted from jonnyo:

No offense, but your description of Jpop sounds very similar to the way Kevin of Skit-B was described by many just prior to when the SHTF, i.e. nobly toiling away for love of the game.

Yes, and if Predator actually had a license, Kevin would be building pins on his mom's kitchen table as we speak.

There is no threat of some outside force, whether that is a movie studio or some Anonymous Group that can kill this. A pretty key difference.

My money is long gone, so all I can do is try and see this through, but I won't be spending one more additional dollar to see it happen. So no money paid to a lawyer to send a letter, no legal action, and no more deposit money sent.

The "hail mary" is John's personal value of his pinball reputation and him gutting through this to the end. Because if he fails and we all lose our money he'll be persona non grata in pinball and I don't think he'd ever live that down.

#6146 9 years ago
Quoted from jonnyo:

Cliff Notes version for those just joining:
Multi-year delays
Unpaid vendors
Doesn't get along with others
No clear production/build path
Whitewashed communication
Ignored refund requests
In breach of own contract
No programmer
No completed design(s)
Missed reveals
Re-posted media as stalling tactic

"Doesn't get along with others"

Nailed it! As I got out in the 1st few months after a 5min phone call with J pop... He was rude and cocky on the phone to me a customer supporting his project. After over a month went by and I couldn't even get a direct response on a confirmation of my deposit I was out. It took over 3 months for me to get my deposit back after requesting it and this was early on.

#6356 9 years ago
Quoted from Talon2000:

This is just like those Elio cars. I've been hearing about those things for years, people are still buying into them. I have yet to see a production model produced.

Do they answer their phone?

People sometimes compare the jpop delays with WOZ, but Jack was always out there and available, taking phone calls, Jen was in the office taking phone calls, they were showing their prototype. They had a different answer for production start every day, but at least they answered. As far as I know anyone with a deposit was also able to get out of it.

Not taking calls, not responding to texts, not returning emails, not treating customers as valued, not managing a crisis.... not going to survive.

#6923 9 years ago

Just to go back a while in this thread, someone said Ferrari may have a 2-3 year wait list for it's cars. But that's a whole different story. Ferrari is making cars every day, they are shipping cars and have been for 68 years.

The point, Ferrari likes there to be a wait list (like a good restaurant, they don't want you to be able to get a reservation at all times), it adds to the mystique.

People that pre-order a Ferrari that is 2-3 years out do not pay in advance. They probably put a deposit (I have no idea let's say $20K) which would represent a .05% deposit which would work out to $800 deposit for a $16K item.

1 week later
#7365 8 years ago

How was the deposit money taken? Was it personally received by Jpop, or taken by a corporation hiding behind a LLC?

With that amount of money taken, and no significant assets....the chance of jpop throwing hands in the air a declaring bankruptcy is a real issue.

#7516 8 years ago
Quoted from aingide:

"Pre-earned" is a great euphemism for "didn't earn."

The fact that this is major cash to most people, heck I do very well but it's still major cash, weeks or more for most people by hard work to actuall earn the deposit money, entrust it to John. It may sound foolish now after all this time, but back 3 years ago most people trusted John and now it's down to a Hail Mary pass to have a chance to save these games or get a refund even.

#7544 8 years ago

BTW...I never, never, never have been paid in full for a project before it was completed....customer always holds minimum of 10-20% until I'm done! and customer happy....just how normal bus works...

That's why alien was a reasonable approach for me. Minimal deposit, not a penny more until my machine is being built ( per Andrews terms)....seems reasonable to show commitment to a machine I want....my deposit certainly didn't buy his C&C machine, factory, Staff, materials, engineering, art, etc.

Just my way to show my seriousness/ commitment, and he can gauge production on #s as such...a 180 from what has been displayed in "Boutique" land ( starting to hate that term)....mark

#7550 8 years ago
Quoted from jonnyo:

Skit-B claimed to do the same, which was the only reason I jumped on-board. It was 250 to reserve a spot, then when your game was on the floor being built, about half, then the rest when it was ready to ship.
About 18 months later, he asked for the half, but there was no evidence he had the means to build machines, nor that mine was being built. That's when I dropped out and got a refund, because I realized if I stayed in at that point it was a pure gamble with several thousand dollars. Nope, too rich for my blood.
Not suggesting this will happend with Andrew but just saying that line has been played before.

I was never in on Predator ( though title was very appealing), and have never preordered a Pin before Alien. I did do some homework on Heighway before committing, and this is very much an oranges and apples scenario. Want an LE bad ( at least believe I do) and simply secured my spot with a reasonable, refundable deposit, showing my interest ( my take). I've never viewed this position as one to "help" Heighway fund the project......certainly seems he's building these regardless if I'm in or out....I just want one...plain and simple.

#7587 8 years ago
Quoted from Razorbak86:

Too late. You're being sued already by John's imaginary attorney. Oh, wait. Scratch that. It looks like the imaginary attorney hasn't been paid.

I have hired a dozen lawyers over the years to help with simple matters. One thing I've noticed is that they expect to be paid for their services, usually with a good sized amount up front and they'll let you know when to deposit more as you proceed. If you don't pay, you still have the original problem to address but added to the load is a disgruntled attorney with all your personal info and with the full weight of the law behind them.

Given John's track record of not paying vendors, his refusal to refund money as promised and the steady flow of complaints, I don't believe he has the funds to hire an attorney. Adding to the fire - John's refusal to face facts or to provide an honest assessment to buyers, legal action sounds like the only recourse to recovering part of your funds back.

1 week later
#8049 8 years ago
Quoted from fosaisu:

The money from that sale, plus any other cash that could be wrung out of Zidware, would be split up by the court among everyone that Zidware owes money to, based on standard criteria that probably don't favor the current "owners" much (it's conceivable that unpaid programmers and artists that worked on the designs/art might have a priority claim on particular assets, but hard to imagine the pre-order folks would). And whoever bought the IP would be unlikely to owe anything to the current "owners." So a forced asset sale in bankruptcy might be the best chance of Magic Girl, etc. ever being made, but might not do much for those that sent money to JPop.

The priority ranking of claims in bankruptcy might surprise you.

Unless those unpaid programmers and artists can establish a secured claim (e.g., mechanics lien for labor and materials, or judgment lien following a successful lawsuit), or they can establish a priority unsecured claim as W-2 employees owed back wages & benefits, then their claims would likely be classified as general unsecured claims, along with the claims of other 3rd-party trade vendors.

Section 507(a)(7) of the Bankruptcy Code actually gives a 7th priority to "allowed unsecured claims of individuals, to the extent of $̶1̶,̶8̶0̶0̶ $2,775 for each such individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided." [11 U.S.C. §507(a)(7)]

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title11/html/USCODE-2011-title11-chap5-subchapI-sec507.htm

The initial $1,800 dollar amount in the original Bankruptcy Code has been increased numerous times over the years to compensate for inflation, and it was subsequently increased to $2,775 in 2013.

http://www.gpo.gov/fdsys/pkg/FR-2013-02-21/html/2013-03998.htm

Pre-order customers who paid deposits would likely have their claims "bifurcated" (divided in two) into: (1) a priority unsecured claim of up to $2,775, and (2) a residual claim for the remainder, which would likely be classified as general unsecured. So the priority unsecured claim would likely be paid after all secured claims and some higher priority unsecured claims like administrative claims of lawyers/professionals in the case (Priority 2), and some wage & benefits claims of employees (Priorities 4 & 5), but before lower priority unsecured claims like taxes owed to governing bodies (Priority 8), and before general unsecured claims (e.g., trade vendors).

For a pre-order customer, this might be better than expected under the circumstances, or for a trade vendor, it might be worse than expected.

Disclaimer: I am not an attorney. The above is just my personal opinion and should not be construed as legal advice. Always speak with an attorney for legal advice.

#8245 8 years ago
Quoted from benheck:

Here's something to consider - maybe the best "least worst" option with Zidware is he ditches 2 games and rolls everyone into whatever game is most finished?

Not the worst idea. Seeing how incomplete Magic Girl is, RAZA would be a complete nightmare, and Alice.... well..... there's some cardboard sitting in the shop.

I personally would move my raza deposit to a MG if offered, just to get off this shit train.

#8486 8 years ago

Has there ever been an aluminum ramp before? Seems like it would wear and deposit dirt all over the playfield? That is why stainless steel is used, because it is so hard.

#8585 8 years ago
Quoted from rosh:

I'm not a lawyer, but I don't think that applies. This is not a case of John taking property or funds and making it his own. This is business taking in funds and using it to operate the business. If this was a case where money was in an account, like at true investment account, and he then took and used for his own purposes, that would then fall into this. If he rented equipment and then sold it, that would also fall into this. It may also apply if he bought items from vendors, that he did not pay for, and then sold them.

As a business, pre-order money is not to be used as you please. It is a contract with your buyer to supply a product "as advertised" in a reasonable period of time. Presumably that reasonable period is governed by the production schedule put forth at the time of the order plus about 6 months to a year usually, depending on whoever is arbitrating the case. This happens in condominiums etc. where if the product is not to the advertised standard or not delivered within a reasonable time of the production schedule, the developer must return the "deposit" money and allow you to walk away from your contract.

A preorder is not a "true" investment as you describe, because it does not involve a share of the company. People were not "betting" on John. But as a preorder, it is protected by procurement and property laws designed to protect people from fraud and theft by unscrupulous companies.

#8590 8 years ago
Quoted from rosh:

After some reasonable time if someone did not ask for their money, there were accepting that change in the product.

That's not how it works, if you change the product you are selling you get them to sign an acknowledgement of the changes, or at least e-mail consent so you have documentation.

Quoted from rosh:

I don't think that is the same legal situation as Predator, where he lacked the legal right to do so. Many businesses make plans that then change, that does not make them illegal/fraud, but I do not know to what degree jpop made statements around the manufacturing side e.g. did he have verbal agreements on getting games made that then fell apart, that would not be fraud, if he had no clue how he would do it and claimed he did, well that would be deception

No, it doesn't have to relate to Predator at all to still be considered fraud. But you can compare it to Predator in that this is another case of Pinheads vs. "fraudulent manufacturer X." The situation is unique but Predator taught the community the warning signs and what needs to be done to protect the defrauded customers.

Making plans that change is fine. However the production schedule was never updated, and assurances of a delivery schedule keep getting made based on "agreements" that the vendors claim had no basis in fact whatsoever. That is fraud, because by not realistically updating the production schedule and instead continually claiming delivery is imminent, it denies the legal right of the customer to demand their deposit money back based on non-delivery.

#8915 8 years ago
Quoted from benheck:

In pinball you either need to be a classic designer or have a desirable license to get money thrown at you.
If you have neither (like Wooly or AMH) then you've actually got to build a good game with deep rules to get any intetest, and even then it takes a while.
Who works harder? A guy with nothing to prove, or someone with everything to prove?

The only big show I went to last year was Southern Fried Gaming Expo and I saw neither AMH or Wooly. Seeing/Flipping one might of made me a buyer. Obviously for AMH it doesnt matter since its sold out but Wooly might of made their deposit goal if they were at SFGE.

#8935 8 years ago
Quoted from frolic:

People have to remember what a small business these start-ups are.

BINGO! Every $1000 spent has to be accounted for. We are all talking now about what John, Skit B is doing with deposit money.

So would you want them spending your deposit money on going to shows all the time, taking off work, adding cost, eating out, paying themselves. OR do you want them spending the money making the game.

We are mad one guy spent money while saying someone else should of spent more. How did it work for John showing up at a show? Would you rather have a game right now or seeing a half made game at a show.

There is little to no money to spend. When your doing it right and starting up every dollar has to be spent you take what little profit there is in the end.

We are going to have to learn to trust some. Apparently we already trust people who show pictures unfinished with 8-$10,000. How much more trust is it to without playing. Know a game others have seen, played, seen flipping, working is AWESOME! The later seems a easier justification in my mind.
Also probably the safer bet one side has shown ability to finish a product.

#9083 8 years ago

While I agree John f-ed up big time and lost people's hard earned money, and I appreciate how hard it is to earn a living let alone make sufficient money for these pins, and that money could have been saved, invested, used to buy a different pin, used for a vacation with the family, used to pay bills or college tuitions etc,, a thousand different things.

I'm not defending John but I do feel sorry for him and his family, looking at his FB page it appears he may have children himself. So I do hope it does not lead to great harm like jail like some have suggested.

I think he was out of his element, not trying to screw people and not trying to ruin his legacy. It was unfortunate for himself as well, it's almost likely he has some type of borderline personality. Like people that hoard or shopaholic. Not saying he's one of those but some type of personality disorder would not surprise me. Not excusing him, but there are some mitigating circumstances for sure. I bet if we had payed a small deposit and then waited and saw the final product if/when it was finished this would have gone more easily for all.

Sad result as far as I can tell, I'm still hoping he might pull a rabbit out of the magic hat. It's not over yet, but just looks bleak.

#9133 8 years ago
Quoted from wcbrandes:

I am greatly disappointed where Jpop has left us all, and the fact is he bit off more than he could chew however they are people and as such I really don't believe some of these comments are really necessary or help the situation. This, I believe, was not malicious or purposeful so I will just stay positive and remind myself that both him and his wife are fellow pinheads and I'm almost certain things will be made clear soon.

I agree with you for the most part & Yes I don't think he set out to deceive in the beginning , but the dude was glad to take an AIW deposit from me 2 weeks before Expo 2014 right before he showed up with the empty cabinets .... cant help but feel like he saw me as a mark & pounced on it .. who knows maybe that payment help pay the rent for a month or two but I doubt any of it was spent on the game I bought in on

#9203 8 years ago
Quoted from Wolfmarsh:

Omg. Nobody should agree to the 4 year "no sue" period. Time for all of you to file lawsuits, do not buy into this sham.
No refunds?
Half credit?
JPop is a complete loser. I'm sorry for you guys that are getting fucked by email. He doesn't even have the decency to talk to you guys.

I think they are hoping that people don't. Right now they want everyone to convert their deposit to Magic Girl.

-1
#9254 8 years ago

Hmm, another Chicago builder... did have a new company and new game at Midwest gaming classic, right?
There may be people willing to trust the licensee, buy your position, and you are out, other buyers are added. You get out with $, new buyers get the builds, and games get made. Sign the agreement, but insist somebody buy your spot. Under this arrangement, I could see the licensee buying your spot, giving you your deposit, and reselling your spot. If posts start saying I got my money back, I'm out bc someone took over my order, then others may see this project will get done, and new folks might come in.
I don't think its a bad deal for current order holders, and also see bankruptcy without you all signing this agreement as being a true statement, and you seeing zero dollars.

My probability of preorders losing zero dollars is down from 99% to 25%. Sign the agreement, there is nothing to gain by not signing, a likely gain to your current $0 value if you do the agreement. Is not pressure, it's finally a decent plan that makes sense and is viable . If these aren't signed I think it's 100% chance you lose all deposits and would spend more money on a lawyers trying to find $0.

#9275 8 years ago
Quoted from Fulltilt:

No way I'm signing that letter. By reconfirming for RAZA, I would be giving them the right to change the price and make a "CONVERSION" script offer??? I DON'T THINK SO.
If I reconfirm for RAZA, I am signing that I agree to "Prices and credits yet to be determined"???

This bugs the crap out of me! So if I sign i may end up getting 1 for 2 "zidware credits" (1/2 value) towards the RAZA that I originally ordered? They need to rewrite that letter to specify if I wait for the game I originally ordered that I will get it for the original price and I won't have my deposit converted to a 1 for 2 scenario!

#9279 8 years ago

Oh my lord that letter...I feel so terrible for any of you that put money down on this game, ESPECIALLY RAZA or AIW. The 1/2 value "credits" thing is just insane.

I wonder how the "no refunds" thing really pans out. Was that something you had to agree to when you put the deposit down? The whole "sign this agreement so you can't take legal action against me" is also crazy.

#9330 8 years ago

I thought this bit was interesting (hat tip Nate!) in the actual order letter, not the first letter:

"Yes, I would like to convert my order(s) for RAZA and/or AIW to a Magic GirlTM–Classic, at a price range of (USD $9,995 to $11,995). My deposit(s) to Zidware will be converted 1:2 into a Magic GirlTM–Classic."

Note the 1:2 part. Looks like they were hoping to incentivize RAZA and AIW buyers into buying the "cheaper" MG by doubling their money.

Look, I get that people are mad, and this is a weird deal. Lot of unknowns. And obviously the "no sue" stuff isn't gonna make people feel good.

I just wonder, taking emotion out of this for a moment (easy for me to say) – what's the end game?

Because let's say everyone says FU to this deal (it's feeling that way now), then what? John is broke. It's not a rumor, he has no money. What exactly are people hoping to do? Pierce the veil and try and get him and his wife to sell their house and assets or something? It just feels like the possibility of actually getting your money back is really low.

Throwing more money at this probably isn't an awesome idea either, granted, but isn't this kind of what people wanted? Someone to step in, be the big business man, and shove John aside, and take over?

#9342 8 years ago
Quoted from Aurich:

I thought this bit was interesting (hat tip Nate!) in the actual order letter, not the first letter:
"Yes, I would like to convert my order(s) for RAZA and/or AIW to a Magic GirlTM–Classic, at a price range of (USD $9,995 to $11,995). My deposit(s) to Zidware will be converted 1:2 into a Magic GirlTM–Classic."
Note the 1:2 part. Looks like they were hoping to incentivize RAZA and AIW buyers

Maybe I read this wrong but I thought he was offering RAZA buyers 1/2 value on their deposit twards Magic Girl Classic?

17
#9368 8 years ago

Hoooolllly shhiiiitt........Jpop, man....you are a vomit's vomit.

While this new deal just seems like a butt-covering scam....let me try to wrap my head around it.

Basically, RAZA and AIW are done. NO ONE will want to wait 4 more years and no one wants HALF-CREDIT toward MG "standard". They're hoping EVERY person with a deposit on these projects will convert to MG"LE". This deal is to strong-arm people into committing to the 199 MG's....money's gone, no refunds, so - no choice, hop on this great new deal!

It's a doozy...maybe Zombieyeti's instincts are right this time and these new guys are legit - however, how on earth could they present this deal and be SECRETIVE!?!? Secrets are what boned this project from the beginning. Whoever this new licensee is - they need to step forward, introduce themselves, layout their credentials and SPECIFICS as to how this thing is going to get finished. I don't believe anyone can stomach more faith at this point.

Aye-yai-yai! ...I don't envy you dudes with money in on this. If this new shit is legit, switching to MG might be the only way you'll get something for your money....but what a kick in the nuts having to trust some other mystery-man *AND* pay more *AND* wait more. Ugh....clusterfuck city.

My condolences and I hope this somehow works out.....but Jpop - you're over. He's so self unaware though, he'll probably still show up at pinball shows thinking people will be happy to see him.

13
#9370 8 years ago
Quoted from frolic:

It's right in the letter:

Zidware deposits will be converted 1:2 (eg. $6,500 deposit = $3,250 credits) for this option.

Clear as day.

As a nerd, this is actually backwards..

1:2 means that $6,500 deposit = $13,000 credits.
1/2 = 6500 / 13000

2/1 would mean 6500 / 3250.

That line reads '..will be converted one to two..'.

So technically, any lawyer could find a big hole in that 'agreement' letter. (Assuming any of the rest of it is enforceable..)

--Me.

#9420 8 years ago

I especially love that, at the end of your 'options' form, where you have to decide where your deposit money goes, you still have to show proof that you sent him money.

How about starting with a personalized statement of account for each buyer? He's never been able to do this and I know several requests for a 'receipt' of any sort have gone unanswered by John.

That simply tells me that there was zero bookeeping and he has no idea how much of our money he has and who has paid what. He was just happy to let it roll in. If he wasn't planning to screw people from the outset, he sure makes it look like he was. If I'm taking thousands of dollars of anyone's money, I am keeping a pretty good paper trail.

69
#9440 8 years ago

IMHO:

THERE IS NO INVESTOR - Just like JJP's "secret investor who loves pinball" and fake press release to joyfully announce his second coming, does anyone really believe that there is an investor?

Investors invest money to make money.

No investor that I've ever spoke to invested money just for the love of the product - I mean, it sounds romantic and all, but so did Pretty Woman (and we know how many billionaires try to marry their hookers in real life).

Investors bring money to invest. This "investor" seems like they are just going to be taking your money.

I predict that the "investor" is just an actor fronting another shell company for Poopaduke, or just another someone from Pinside who thinks they will be able to build a pinball machine.

YOU HAVE 4 DAYS TO SIGN A CONTRACT AGREEING NOT TO SUE ME - anytime you see a contract who's main purpose is to prevent you from seeking legal restitution - RUN YOU STUPID MOTHERFNCKERS!!!!

YOU CAN HAVE 1/2 CREDIT FOR YOUR DEPOSIT TOWARDS THE GAME YOU WANTED - This is so dumb, if you are even thinking about agreeing to this, send me a PM. I'll give you 100% of your Poopaduke credit towards a $16,000 kick in the ass. Best bargain in boutique pinball.

SUE POOPADUKE NOW - don't wait another second. Find a single Chicagoland attorney to represent you guys (to save on fees), and be done with it.

#9443 8 years ago
Quoted from iceman44:

Option B. Agree to this and you get a pinball machine.

I don't see how this option works for people in on RAZA who still want RAZA and don't want the 50 cents on the dollar conversion to MG.

If you say you want to wait for RAZA, there is no mention of whether your deposit will still apply 100% (not 50 cents on the dollar), nor any discussion of what the eventual RAZA cost might be. Not to mention they state "should you wish to wait for the possible creation of a RAZA..."

Anyway, I guess by "agree to this and you get a pinball machine," you must be describing the MG conversion option.

#9465 8 years ago
Quoted from iceman44:

There IS an investor. One we are very lucky to have.
I'll let him reveal himself. He's doing it for love of pinball. Who else is gonna jump into this shitstorm?
Option B. Agree to this and you get a pinball machine. Investor is risking over 1 million bucks

Ok, I'll bite. How is this investor risking over $1mm? What am I missing here? He/she is not buying any of the assets nor assuming any of the liabilities, correct? I can't imagine the IP costing anything. Buying the customer base? (sure, done all the time when there is a revenue flow but that is not the case and it's not like one couldn't capture that same base for a few bucks). So where is the $1mm being spent? Second, I assume if he/she is risking the $, they expect a return on their investment. If not, if they are simply a philanthropist, why not just make a gift to everyone who has paid a deposit to make them somewhat whole?

Now let me be clear, I have nothing against the 'investor'. In fact, I don't understand the anger towards them. Seems like they see an opportunity to make a few $ and have priced the games accordingly (including the need to cover any credits for previous payments to JPOP. Again, I don't blame them for doing that. If I take my car to a mechanic and they don't fix it so I have to take it to another garage, it's not like the new mechanic is going to give my a discount because I wasted $500 with the first mechanic)

24
#9472 8 years ago
Quoted from iceman44:

Don't like it? You don't get shit and we move on
I swear I don't know wtf is wrong with some of you people

What's wrong is I bought RAZA. I don't want MG, I think it looks like a turd of a game. No interest at any price, and I damn sure am not going to pony up another $10k for it. So my options are pay an ADDITIONAL $10k for a game I don't want, or wait 4-5 MORE YEARS for a game that they admit they might not even make (and if they do, the price is unknown and there is no commitment how much credit I'll get for my deposit).

Head or gut? Forgive me if I'm not jumping for joy.

#9581 8 years ago
Quoted from frolic:

To the mystery investor:
REBOOT today. Distance yourself from everything John said AND the contract. Flush it.
THEN present yourself, your plan, how you will do this and DO NOT ASK US FOR ANYTHING.
If people want refunds.... well, refund them. That will be the cost of doing business.
If you are planning on selling hundreds of games, well there is profit there. If you're an investor, then this is a risk/reward play.

This sounds great, but it's just unrealistic unless the "investor" wants to bail out the buyers (and unpaid contractors) out of the goodness of his own heart. It simply wouldn't be a sound business decision to pay well north of $1 million in refunds in exchange for the incomplete mess that JPop has thrown together so far.

I see two options:

1) People sue JPop, he goes into bankruptcy, buyers get little or nothing. Maybe someone buys the IP and actually makes the games someday or at least uses portions of the designs. But the current buyers would get no "credit" for the down payment money that Jpop pissed away if/when games are made using IP purchased in the bankruptcy. This is by far the most likely to occur.

2) Some variant of the (admittedly terribly pitched and probably not fully thought out) deal that JPop's currently hawking gets done. Every single buyer (or enough that refunding a few holdouts is not a deal breaker) signs on and agrees not to sue for a refund. Unless Zidware had insane profit margins on all of the games, something's got to give and the current buyers will effectively have to pay more than initially agreed for the pins. Otherwise, the new investor is promising to make the games for original MSRP minus ~ $5k, and that's just not realistic. These are niche market games, they're never going to sell 500+ to amortize away all the lost deposit funds.

Option 2 is unlikely to work out since most buyers understandably want out at this point. But if there's any chance of it working, I agree with you that it's got to be repackaged and repitched. Identify the new manufacturer, disclose all terms of the new deal, clearly disclose JPop's limited role (firm deadlines, penalties for non-performance, no veto power and no further money to be paid -- his compensation is avoiding bankruptcy). Then maybe there's a shot.

15
#9616 8 years ago
Quoted from Shrub_Light:

Take note of the words possibility, prices, credits, and to be determined.

Exactly.

===============================

New Investor: OK, everybody step right up. I'll give you 50 cents on the dollar that Poopaduce owes you, for the good of pinball.

Sucker: Thanks Mister! I had $5,000 in.

New Investor: No problem, my fine young man!

Sucker: Wheew...I appreciate you saving our butts.

New Investor: OK, so you get half of $5,000 off the price of the game....hmmmm....that adds up to....$18,500....so with your deposit credit...... you only owe $16,000! Congratulations!

Sucker: (gulp) Sheesh, it's like I threw that $5,000 right in the toilet.

New Investor: Not at all. I'm not libel for any of Poopaduce's debt, but I'm willing to help you out - for the love of pinball.

Sucker: Thanks Mister! Can you explain this all to my wife?

New Investor: Sure! Is she good looking, or blown out from childbirth?

#9771 8 years ago
Quoted from lowepg:

Even if this fantasy was reality, would anyone want this $16K game?
Even folks who would ONLY need to pony up another $10K?
Is this where you'd place your $16K of pinball money?
I'm thinking for $16K someone could own a Pat Lawlor JJP#3 and a Stern Game of Thrones pin...
or a MB and a MM....
or a ST Pro, ACDC Pro and a Met Pro!
Hard to imagine any sane scenario where that $16K goes to this fiasco.....

I am not even considering a $16k pin - no way I will put even a $250 deposit on that one.

Now comes the regular version - priced $10-12k.
For me, adding shipping ($1k?) customs and sales tax would put the game in the $13-16k range... something like 13,000€.

I would spend that amount of money on a modular platform (Heighway or Multimorphic) rather than on a single pin. Or I could buy 3 relatively recent Stern Pros.

39
#9785 8 years ago

All ready for a bombshell ...?

A good friend of mine emailed JPOOP 2 weeks ago asking if he could still buy a AIW.

HE HAD A REPLY IN 9 MINUTES.

(The times show an hour but he sent it from eastern time zone ... Reply was 9 minutes)

JPOOP would have known that he was "in the cart" In NZ, that's called "trading while insolvent" and that's a criminal offense. You can't take people's money when there is no chance of delivering. That's fraud.

Here is the email. Names removed to protect the innocent ...

rd.

On 5/5/15 1:01 PM, ******** wrote:
Is alice in wonderland still being made?

How does one order one?
Thanks

On Tuesday, May 5, 2015 2:10 PM, John Popadiuk <[email protected]> wrote:

Hi,

Yes absolutely. main reveal is here for now. Almost sold out. Currently building the whitewood from this design. To order you would send a Paypal deposit of $4750 ([email protected]). A beautiful piece of illustration and pinball it will be.

http://www.alicepinball.org/chapter2/

John

#9918 8 years ago
Quoted from unigroove:

why don't the people that pre-ordered one or more games unite as a group and come up with an alternative plan to get the games made?

The problem is (IMO) any "plan" would require nearly starting from scratch from a funding standpoint...

I mean, what are the real "assets" that a new investor is even acquiring?

Some pretty artwork?

It doesn't seem there's much that couldn't just be replicated by a new entity- so not much value in "acquiring" anything from John. The flipside is- all the deposit money that was collected appears to have been completely pissed away....

So there's near-zero motivation for someone to come in and clean-up this mess and take ANY of the liability onto themselves... So the best bet is the folks that lost money might get their game for near-cost, or at a slight discount from someone walking in off the street.

Its hard to see ANY happy ending here..... no matter how many times iceman posts into the thread.

#9937 8 years ago

I am not in on Zidware pre-orders. I do know several that are, and I feel for them, and all of you in or out of this deal, b/c sad for anyone in pinball.

My add to the conversation is something new (I hope). Converting every one's deposit to a shareholder position, along with the new licensee, and as a group of owners, hire a factory, and start over with vendors, build games.

After reading the letter, and being involved in a few equity positions of small firms, there may be a way out using another approach.

1. Licensee is buying rights to build that title. Not liable for any $ sent or spent by John pre-June 1.
2. There are no assets for a 2nd or 3rd party to buy - prior pinball shutdowns sold remaining parts (hard assets) to one party, and licensing to another (for example PPS, now owns the Williams licensing and IP to be able to produce games, and get royalties on repro parts.)
3. Given #1, there is no money going to JPop, one benefit is that he bails from build commitment,
4. Given there are no assets, except maybe a few parts, Licensee is not buying Zidware, but taking over the license, newly converted deposits > shareholders would join her/him/them. If you don't convert your deposit to equity - the only other option for Zidware is bankruptcy ch 7. Vendors and deposits spend money to chase $0. ZW/JPop remains a debtor to vendors and folks that don't convert to an equity position.
5. Regardless of Zidware and JPop's financial outcome - a Licensee could still do the games on their own nickel.
6. June 1 appears to be a small fraction of signers, based on posts in this thread, and comment from buyers telling me themselves - the letter, in current form, is dead on arrival.
7. Unless Ice and others are correct about the "angel" having a big revival of trust that MG, etc. will get built - I doubt the Licensee will make any second offer that will be accepted.
8. I presume no amount of changing that letter/offer will change minds to sign it.

So what's the last ditch idea?:
A counter offer that Zidware deposit $ become shareholder $, so become equity owners of the License, along with the angel Licensee, with share of ownership equal to the amount deposited. Of course, to be confident as a part owner - you'd want to know who the big "Licensee" co-owner is (perhaps they have money down, and would be a shareholder anyway?).

A conversion does at least 3 things:
A. every body with $ in, gets a share of future games made - if the Licensee is right that 199 MG's can happen, you have the potential for upside. It might still fail, and you get $0, but at least high risk has a potential for high returns, without upside, your high risk has a return of just great harm. Re: rareness being part of the value of the $16k, at least you'd get some $ from new orders for yours being "less limited".
B. The lawsuit threat goes away for the new owners - drop the "no suing for 4 years" clause for the new entity, yet existing claims on Zidware / Jpop remain. In other words, conversions of deposit into equity shares, should prevent ability to sue yourself (as a new owner) or fellow co-owners.
C. Only those with enough energy remain "in" the project, and are cheering on the effort to get games done - some hope of getting your game, + some upside $ for the risk/pain taken.

What it doesn't do:
A. Can't guarantee anything. But your risk now has some $ return, vs. todays almost certain 100% loss.
B. Still leaves a problem of who is the management person/team. That may be the toughest part, but also some of these posts show some smart, savvy business guys that would be good candidates - should be a fellow shareholder who has skin in the game.
C. It isn't free. This new owner group would need to put in capital - a capital share equal to your new ownership - $ to get parts, hire a builder, and someone to manage all that business side.

An owners of GitRDone Pinall, it might look like this for example:
Lets assume 30 MG deposits at $8k , that's 240,000
Lets assume 100 RAZA deposits at $5k thats 500,000
Lets assume 50 AIW depositings at $5 250,000

Let's toss in a 10k rounding to get a $1,000,000 of deposits.
Every 10K in deposits is worth 1% ownership, and participate in future revenue from larger MG and RAZA production runs.

Lets guess MG BoM/labor at $9k per Bheck's estimate and a $1k profit per game. Sell another 100 magic girls and shareholders split 100K, i.e. a 10K original deposit = 1% = $1k per new MG sold.

To me, that's a bet i can think about, that has both up/down sides, and gets me something for my deposit rather than almost certain $0 in bankruptcy, and maybe below $0 if I have to pay someone to collect my claim. Remember, a claim from a judge, doesn't mean you won't have to pursue collection on that judgement.

#10028 8 years ago

Thank you to the late and great Frank Zappa. It just seemed to fit... I hope Frank can forgive me.
(My apology if this song is not "family friendly")

"The Illinois Enema Bandit"

"this is a true story
About a famous criminal
From right around Chicago
This is the story of John Popadiuk
A man who's serving time at this very moment
For the crime of pinball deposit robbery

It so happened, that at the time of the robbery
John, decided to give his pinball victims
A little enema
Apparently, there was no law against that
But his name lives on
John Popadiuk
The Illinois enema bandit!"

The Illinois enema bandit
I heard he's on the loose
I heard he's on the loose
Lord, the pitiful screams
Of all them college-educated pinball players...
Boy, he'd just be tyin' 'em up
(they'd be all bound down!)
Just be pumpin' every one of 'em up with all the bag fulla
The Illinois enema bandit juice
He just be pumpin' every one of 'em up with all the bag
Fulla' the Illinois enema bandit juice

He just be pumpin' every one of 'em up with all the bag
Fulla' the Illinois enema bandit juice
He just be pumpin' every one of 'em up with all the bag
Fulla' the Illinois enema bandit juice

The Illinois enema bandit
I heard it on the news
I heard it on the news
Bloomington Illinois...he has caused some alarm
Just sneakin' around there
From farm to farm
Got a rubberized bag
And a hose on his arm
Lookin' for some rustic co-ed rump
That he just might wanna pump
Lookin' for some rustic co-ed rump
That he just might wanna pump
Lookin' for some rustic co-ed rump
That he just might wanna pump

The Illinois enema bandit
One day he'll have to pay
One day he'll have to pay
The police will say, "you're under arrest!"
And the judge would have him for a special guest
The D.A. will order a secret test
And stuff his pudgy little thumbs in the side of his vest
Then they'll put out a call for the jury folks
And the judge would say, "no poo-poo jokes!"
Then they'll drag in the bandit for all to see,
Sayin' "don't nobody have no sympathy...
Hot soap water in the first degree!"
And then the bandit might say, "why is everybody looking' at me? "

Well did you cause this misery?
Well did you cause this kinda misery?
Well did you cause this misery?
Now, one girl shout: "let the bandit be!"

Bandit are you guilty?
Bandit are you guilty? tell me now, what's
Your plea?
Another girl shout: "let the fiend go free!"
Are you guilty? bandit, did you do these deeds?
The bandit say, "it must be just what they all needs..."
"it must be just what they all needs..."
"it must be just what they all needs..."
"it must be just what they all needs..."
"it must be just what they all needs..."
"it must be just what they all needs..."
Etc. repeat

Wanna, wanna, wanna, wanna enema
Enema
Repeat...

Thank you Frank.
Frank Zappa - "The Illinois Enema Bandit"

#10044 8 years ago
Quoted from iceman44:

now we know It's over for John. He's done. This guy is the last resort

This is funny, but it was actually over two years ago and JOHN HAS BEEN LYING TO EVERYONE for the past two years. Most third graders could spearhead this project better than JPop. They would know that if you plan to collect half the money on three projects and also expect it to cost the balance of monies to actually manufacture the pins, then all three pins would need to be fully designed before the deposit money was spent. Instead the money is gone and no pin is anywhere close to being production ready. Are we to believe John woke up one day recently, only to discover there was nothing left in the bank? This is BS, pure and simple. Two years ago John may have had half a million dollars left and he knew almost no progress had been made on any of the three pins. He was in trouble and had no way for this to end satisfactory. But instead of fessing up, he started lying to investors. Note - he had been lying to vendors for the first two years - almost from the start. Contracting for their products and services and then not paying invoices. Remember this is back when he had all the deposits.

Blah. blah, blah ... there were delays, patents had to be filed, games were almost done and would be revealed soon. Sh*t flew out of his mouth fast and furiously every time his lips moved. I am sorry but regardless of the deal being offered, this roast is done. Put a fork in it. Under this plan, John is still involved (because he has to complete design of MG as it is maybe 50% done and will require another few years). The other projects are probably about 10% done. Remember the example above using 3rd graders as the project manager, where all pins needed to be designed before the deposits ran out, well money is gone and pins are nowhere to be found. So you would have to be crazy to stay in a project that John is still involved with and in which you are dependent on John to "design real games now". Sheesh, John, you are a P.O.S..

Not knowing identity of "investor" (I don't care who it is, if pin is not designed, it cannot be built), this person better have a lot of specific pinball manufacturing experience, otherwise they are not qualified. Think about all the recent examples of manufacturing delays from people building first time pins. Furthermore, we have heard from ZombiYeti that he hasn't even been approached about signing onto the project. What the hell? His work is the only part of this sham that needed to be locked in before anyone considers moving forward.

So to anyone saying the choices they are being given now are horrible, you are right. You should have been given some choices two years ago. Instead John lied to you, again, again, again, again, again and again. That is inexcusable.

#10177 8 years ago
Quoted from frolic:

It's either worth doing that or it isn't.

Based upon what I read in some recent posts, they're checking on the cost of manufacturing the games and are calling people to see who's willing to stay in. After that it's pure economics and like you said, either worth doing or it isn't. One thing's for sure, they've got big brass ones to take this on given the huge pre-order deposit deficit and strong emotions on all sides.

#10617 8 years ago
Quoted from rai:

Plus this has been brewing for well over 6 months and he's still been collecting more deposits for AIW?

Yes - he was still trying to collect. I think outstanding deposits for RAZA as well - although I could be wrong. I believe there were 2 AIW deposit requests over the last six months. At least some of us ignored both.

#10655 8 years ago

Can Someone say what type of corporation Zidware is and what type of assets are off limits for a claw back?

How is this fair for people with $2000 towards an AIW (let's say) that they be forced to pay anohter $14k for MG? Is there no walk around for people who have no incentive to take the 'take it or leave it' offer?

If I was in a minority stake deposit situation, the only sensible choice would be court, no sense in letting John off the hook when I could wait and see the games if they ever get made and pay less than $16k (limited edition BS edition).

And while we're around the subject can all future manufactures please drop the LE bull-S. Just make a full function game, especially at 10k plus. I got a laugh from the coast to coast podcast, he said the LE would be $5k more but the standard would have all the same functionality. So he said what would make the LE worth another $5K does it come with a Kiss pro stapled to the side of the box?

#10696 8 years ago
Quoted from pinballrockstar:

make that 3,i did not ignore it...

Sorry to hear - that sucks.

Wife put her foot down after deposit #1 and said no more until MG ships. And the rest is history...

#10796 8 years ago
Quoted from danczaz:

No one there...tinted windows make for bad photos...

Thanks for sharing. MG cabinet artwork is gorgeous. It's quite fortunate I do not live closer, because I have to admit I could have felt for it after visiting his shop... No wonder so many of you gave JPop a pass for so long. I would have too.

Could a person like me become a MG / Pintasy customer now? Possibly...but are my conditions:
- no more JPOP, as a consultant or employee.
- priced below $10k (sorry, at $16k the game better come with a rug, Lebowski-style, except this one would be flying!)
- deposit below $1k. No more money until game ships.
- deal with a known manufacturer.
- a long video of gameplay showing code is mature.

#11319 8 years ago
Quoted from iceman44:

What vendors or contractors? They are all gone!
The man is something else isn't he.

I'm curious if he even read my last sentence. The guy did run a sign business, so I'm very skeptical that he is not just a compulsive liar. Kinda reminds me of John Lovitz on SNL. I do believe John knows what he is doing. I think he would take a deposit tomorrow if someone offered him one.

Plus I've heard stories about how the money we gave him, was his money and he could spend it on whatever he wanted. I'm hoping people filled claims and he gets investigated.

#11568 8 years ago

There seems to be many conflicting uses of the terms license, asset and liability here. If I understand the last 11500+ posts, it seems Wc and group at Pintasia have bought a license to build games. They are borrowing MG from Zidware to complete a working prototype to be at the NW pinball show to see if there is interest - from pre-order buyers to stay in and from potential new orders to bring the MG production run to 199. A license doesn't not mean Pintasia buys any part of Zidware. Assets would include any physical or virtual parts of the game (hardware and software, including data in design files) - so they get none of that. They don't inherit the IOU's of deposits that have been made (so no liabilities) nor any liabilities to vendors (which seems like there is a lot of open invoices to many/all vendors of programming, parts, art work, etc.). What we are all struggling to understand is that many of the liabilities are outstanding accounts payable - so where is all the cash? - if you didn't pay any invoices, and you only leased space and machines - there should be a lot of cash in paypal.
For simplicity though - lets assume all the cash went to leases and salary - and Zidware has nothing except a shelf of parts and a few cabinets/playfields/boards that appear to total maybe 3 machines in total.

So that would inform everyone with a Zidware accounts payable claim(i.e. unpaid vendors, service providers and customers with deposits) on what decision to make. If there are $0 in assets, except the game going to NW pinball, plus some parts, you could split that by your deposit/total deposits.

All the civil complaints and suing for money back, may win judgements, but I would say if $0 cash to pay you, then Zidware/John will not be able to pay, and collection agencies will need to be hired (by each depositor?). In bankruptcy, there would be large costs of discovery, and net payout to investors after legal and discovery expenses, would be very low or zero.

I think the only logical decision left, is to give Bill and group the 33 days until June 30, before deciding whether or not to transfer your deposit claim to Bill in the form of Pintasia credits. If you don't transfer your deposit claim to Pintasia - you are trying to get $ out of a stone (or you can bet on the chance of there being some $cash - but know that is will be depleted by claims, legal fees, judgements and collection costs) .

If you transfer your deposit claim in exchange for Pintasia credits - then you have to give up your right to sue in order for Pintasia to honor those credits (which MAY worthless). Those credits are the only thing I see that might have value to you as a depositor.

For credits to have value - the NW reveal has to convince depositors and new potential buyers that MG is worth taking to production (by worth = do shots feel right, is the art cool in person, do I think the Pintasia team has a viable manufacturer lined up?). Also, enough depositors have to convert to Pintasia credits (whether in on MG, RAZA or AIW) so that they know if they should proceed or ditch.

Maybe this will help with the use of asset, liability or license. Right now the posts are pretty confusing b/c these words are getting mixed together.

#11818 8 years ago

If John had shown those videos two weeks ago, he would have bought himself another year.

But, if he's out of money and can't cover rent (a/c, heat, etc) then he still would have had to do something. I wonder if that's why he was going to try and accept another AIW deposit. To buy himself another month or two.

Really such a shame.

15
#11883 8 years ago
Quoted from TheNoTrashCougar:

Agreed. GLM, Cointaker, and everyone else should also be addressed.

How many of us think that the vendors like GLM, Cointaker, Applesauce, etc. should be made whole by Pintasia?

I do.

But it probably isn't realistic to think that could happen. Pintasia isn't a pinball charity. Do we really think that they are going to come in and just start paying JPop's unpaid vendors when they have no legal responsibility to do so?

The only way they will pay vendors for past due invoices is if it makes business sense to do so. I.e., profit (short term or long term). The same applies to owners who have put money down. How can Pintasia realistically be expected to give everyone 100% credit for their deposits made to Zidware? Lets say there are 100 people who have an average deposit of $5000.00 down on RAZA. That's $500,000.00 in deposits. We think Pintasia can build and sell these pins *and* give a credit of half a million dollars for money paid to someone else?

I don't see how this math can ever work, assuming the goal here is to break even.

How much profit can reasonably be made on each pin sold?

#12133 8 years ago

Friend of mine put in $500 as a deposit nearly 4 years ago for position #X in the list of original 13 Magic Girl machines promised. Was told by John Pop that in short order the 'paper work package' was forthcoming and the position was secured. However, JP nearly immediately (within hours or a day) asked if more machines were to be made (a new number of 19 was tossed out, and then again 25) would the $17,000 dollar price tag for the game be OK.

John Pop knew before or shortly after making this initial offer the numbers didn't add up. Anyone with any common sense or ability to discern truth from lies did as well.

The paper work package never did show up, and neither did much else (emails often going unanswered, his 'answers' to questions which had never been asked, reasonable conversations not materializing, details of any kind or even NDAs to look over and sign) during the 3 weeks from where $500 was paid and ultimately a refund from demands to him for the money back. It didn't pass the stink test at all then, and its rather shocking how many folks bought into his growing level of BS during the next four years. There was a reason while designers were being snatched up that Stern, JJP didn't hire him. The industry knew of JPop being nothing more than a prima donna dreamer, not an implementer.

When I met JPop in person in the Fall of 2011 it was clearly apparent a flunky group of folks floated around John Pop trying to maintain a cult of personality. My friend had made the right decision, too bad so many didn't understand what was being presented to the public was an attract mode to a game which ultimately takes more than just your lunch money.

I laughed when Ben signed up, even with the understanding of his habitual drinking. BH did parlay his involvement into games that had a bit more than dead shots found in Lost, so well done.

Hopes and dreams do not make games magically appear. Grit, determination, business acumen, connections, favors, smiles, work ethic, accountability, distribution, design, testing, networks, experience, smarts, luck along with many other things come into play when making games actually appear.

GLWTS

#12221 8 years ago

This whole Poopadookie fiasco is really disappointing.

However, on a brighter note, I am getting 12000+ posts worth of entertainment value for myself and fellow Pinsiders from my RAZA deposit. So, I guess it's not a complete loss.

#12429 8 years ago
Quoted from ChrisVW:

Really? You haven't mentioned it before so that's news to me. That would mean lots of vendors (yeti, cointaker, glm, applejuice) and customers(YOU) get nothing or next to nothing. Well at least you aren't gloating about it.

IMHO this is the only chance to get money back to victims. mister Brandes is not prevented from giving deposit credits by bankruptcy.

Things are looking up IMHO . Stuff is coming together, the show is coming up, machine is getting ready . Bankruptcy was always a possibility from the start with mister Brandes and I bet he has that base covered.

Do you really think a businessman would go into this without a contingency plan for bankruptcy? I think not. He is just not sharing that plan yet.

You expect me to gloat over me getting robbed? I think not. I got robbed. Am currently being robbed. The only way to stop the theft is court. John won't respond to our refund requests.

Rationally - if you are a victim your only recourse is a lawsuit.

You can ignore it and take the loss if you like, but I will not.

You heard it here - bankruptcy won't stop Pintasia . They have spent too much already. The protesting about bankruptcy from Pintasia is to assuage john Popadiuk . Pintasia always knew bankruptcy might happen. They don't appear to be stupid, so why would they not have contingency ready? I would have.

#12433 8 years ago
Quoted from Whysnow:

To me, there is obvious pent up demand for a Pat Lawlor original theme with NO preorder. I have said that the best thing for JJP is to make a great game, have it ready to sell, and show up with a semi (or 5) at expo. If Pat is given the opportunity to innovate then I bet they go home with 5 empty trailers and lots more demand.

I'd buy this game, meaning pay a deposit then the remainder when shipped. But no pre-orders again, ever, for me. If that rules out LEs, so be it.

#12487 8 years ago
Quoted from LTG:

Would you mind elaborating?

First, I had no intention of going there to do any research or investigation for pinside. I had some art John's was going to sign, and I needed it before father's day. Given what I saw in this thread, I hesitated to say I was even there, and I'll probably regret saying I was. I do think some elaborating may help you guys - but if it doesn't, ignore me.

My thoughts and observations....
1. The game isn't in the front office anymore, its with the Pintasia folks getting stuff done so it can be at NW show.
2. anything I would say about John's comments to me on the situation, would get flamed - I'll share my thoughts on a few conclusions of mine... John realizes his reputation is trashed (for life) & he isn't a business guy. I feel John genuinely hopes Bill's team does make the games. I fell John never planned for any of this messy end-game to happen, and I feel he isn't a crook trying to steal $. I don't think John admitted to himself, that it was over for Zidware doing this alone, until the last 2 weeks or so. I think Bill's conversations with him the past 30-60 days, and the threat/serving of lawsuits created an action point.

Here's what I was thinking as John pointed out stuff on the MG (the 2nd proto and 3rd proto were in cabinets).
3. The game is beautiful in person.
4. Almost every part is custom - the costs to design, draw, proto and make these parts with custom tooling would have easily blown all the deposit $. Its easy for me to see the 10k game being done w/many standard parts, and its also clear that the 13,29,25 whatever the # of LE/custom/original MG will have $6k more costs in it just for the fact all the parts are uniquely made and crafted. When you custom design everything, you have to custom design tools to make it all. Cabinets to backglass to bolts. I'm not even sure all the screws and bolts are #6 and #8 standard!
5 Cost v. value. It will cost more for the custom v. Pintasia standard. But is it worth $6k more?- I don't know - an apron is and apron, whether its standard metal Stern or odd-sized, custom cut stainless with a special finish. SPikey leg bolts v. 8 standard bolts - probably big cost difference to draw, tools and produce spikey v. standard - what do you think , $200 more for a set - but its $200 v. $20 buck a set - no function added, but theres another cost diff, but not a value diff.
Then again, some may value the $6k diff of worth in just the sordid tale of all the variety of custom parts attempted.
6. Jeremy's artwork is stunning in person. I saw RaZA and AIW (in black and white full foam core cabinet and BG).
7. I'm going to keep my opinion to myself as to what parts or other things in his shop are worth - I have no idea.
8. John is still working... on playfields, content, parts and design in the hopes Pintasia can make games. I was surprised to see him there, honestly.
9. I didn't / couldn't take any pics b/c none of the art, parts, designs, etc. belong to John/Zidware any more - all the IP is owned by Pintasia.
10. I do think Pintasia will be able to make the games - The next 30 days with the reveal and actions taken by the 100 or so buyers/pre-orders will tell. I say 100, b/c many bought multiple games or both titles.

#12576 8 years ago

The miracle at the show could be that it kicks ass and blows everybody away and somehow they are able to get 500 brand new MG orders at the show, hey that's only half of what MMr did at their announcement!
Or at least enough interest that you go forward with trying to put together a realistic BOM for JJP to source and get ready for production.
You never know on any given day when the stars align and the right parties come together what could happen.
It might be akin to breaking Wilt Chamberlain's single game scoring record of 100 points or hitting 3 hole in ones on the same round BUT......it's possible.

I agree that it's possible for MG to be popular enough to pre-sell a good number of pins (at a small deposit like $500 until the games are really shipping). But I think many would wait until they're in production so the are assured it's even possible I call this wait and see attitude.

But mainly, the selling price will determine if it's a go or no go. If they're sticking with $16k than I think this has less than 1% chance of going forward. People could buy three Stern pins or two JJP or (2 of) Alien and TBL or MMR.

$16k is the no-go range. $16k can sell a few games but not enough numbers to pay for development (see Zidware).

#12584 8 years ago
Quoted from rai:

But mainly, the selling price will determine if it's a go or no go. If they're sticking with $16k than I think this has less than 1% chance of going forward. People could buy three Stern pins or two JJP or (2 of) Alien and TBL or MMR.
$16k is the no-go range. $16k can sell a few games but not enough numbers to pay for development (see Zidware).

Respectfully, I think the "no-go range" starts a helluva lot lower than $16K.

And, consider there's 2 distinct groups"
1. The folks already held hostage with deposit money.
2. New customers- folks with no skin in the game

Group 1 will likely want to believe anything positive.
Group 2 will be looking at this FAR more objectively, and comparing it to many other options

For Group2: I think the no-go price point is more like $9K. And realize for that it would still be the most expensive new game sold EVER.... who's the programmer again?

#12649 8 years ago

Ive long heard rumors of dev blogs that were available to deposit holders and that they were recently opened up with passwords removed. Anyone have any links?

#12945 8 years ago
Quoted from fosaisu:

Whysnow, your heart is in the right place and you're very passionate about pinball, but I'd encourage you to abandon your internet law practice. For starters, ZombieYeti would be a creditor in the bankruptcy (the debtor owes money to the creditors that he can't/won't pay, hence the bankruptcy). And what kind of "secured" claim do you think ZombieYeti "likely" has here based on his unpaid work? Why do you say he'd be in a better place by filing a civil law suit now vs. waiting for the bankruptcy to make a claim? And whatever happens, is it likely that a bankruptcy court is going to start simply handing out games to unpaid contractors instead of auctioning everything off and distributing the cash? I am far from a bankruptcy expert myself, but based on the quality of your past legal pronouncements, I'm curious what your opinions here are based on.
Sorry if this sounds harsh, not my intent and as I say I'm no expert in bankruptcy. But when you make confident pronouncements on the internet there's always the risk, however slight, that someone might assume you know what you're talking about.

Regarding claims/creditors and bankruptcy, from a lawyer:

1. Filing a suit and getting a judgment does not turn an unsecured claim to a secured claim.
2. Filing a suit and getting a judgment does not increase 'standing' or ability to collect in any chapter of bankruptcy --
a. in a chapter 7 liquidation, you're still an unsecured creditor. Only possible advantage is that with a judgment, your claim in the
bankruptcy is liquidated versus a potential for contesting the claim as unliquidated where there is no judgment. If the chapter 7
turns out to have assets which are recovered by the Chapter 7 Trustee, and provided that the administrative costs, trustee's fees,
attorney fees, secured and priority claims (ALL of which get paid BEFORE unsecured creditors) leave anything, then the unsecured
claims (who file a proof of claim and the claim is allowed) get a pro-rata portion of the remaining money;
b. in a chapter 11 (business reorganization) or chapter 13 (personal reorganization), the claim, judgment or not, would be treated
as a class 9 unsecured creditor. Typically, class 9 unsecured claims (if the claim is filed timely, and allowed by the court) receive a
pro-rata portion of the total repayment of the debtor within the context of the particular chapter 11 or 13 case.
(after all administrative claims, trustee's fees, attorney fees, costs, secured claims, priority claims [taxes], get paid first)
3. To have a "secured" claim, you'd have to have entered into a transaction which provides for "security"., eg., a mortgage (the real
property is security for the loan), an auto loan (automobile is security for the loan), or some other sale of goods/merchandise/etc
where the buyer (or seller) provides a security agreement and generally a UCC-1 to the seller defining the security.

Providing a deposit to "Captain Bob's Pinball Development, Inc." for the proposed pinball game "Taco Bell Dollar Menu Pinball" does not make you a secured creditor of Captain Bob's. It makes you a purchaser, and perhaps an unwise one at that. Unless of course, Captain Bob's gives you a security interest in inventory, receivables, IP, etc..

Edit: I neglected to mention that deposits given are treated slightly differently and given a priority status over some other unsecured debts, such as taxes (to a predefined cap), but still it is an unsecured debt and sits behind secured debts.

My $0.38 worth (that would be $0.02 worth adjusted for inflation using the latest CPI).

And the obligatory disclaimer: This message is hypothetical only and not reflective of any particular fact scenario, and not intended to give any legal advice or counseling to any person, and does not create an attorney-client relationship with any particular person or entity absent a signed fee agreement and individual consultation with that person/entity. This information is not intended to be relied upon by any person/entity regarding any particular action/inaction which may give rise to any legal cause of action.

#12958 8 years ago
Quoted from YKpinballer:

It is already headed to NW so it will be very close to Brandes' home of Vancouver. Maybe he'll just take his boat down to the show and... you know... boat back. With some cargo. :p

If I was an original MG deposit payer I have to say that I would be making sure the game does not go back to Jpop.

24
#13124 8 years ago
Quoted from chessiv:

A failed business is a lot different than someone who is a intentional thief.

Not when the owner of said failed business sucked out most of the money to pay himself and his wife salary while he lied to people to get more deposit money.

Heck, just six weeks ago JPop apparently was trying to sell AIW slots. Even if he is as incompetent and many say, by six weeks ago he knew he wasn't making AIW.

11
#13392 8 years ago

Wife and kids went to New York City

I'm gonna play a lotta pinball tonight

I'm gonna watch a lot of the show stream

And I'm probably gonna drink a case of beer!

As if it was ever a possibility, I won't be paying 16k for a pin of 199

The way I look at it now, I saved 17k minus about $4500 in total deposit money lost

I feel lucky to get out of this not pulling two hamstrings from grabbing my ankles for 4 years

#13432 8 years ago

Original MG payment schedule...

Custom "Magic Girl" Pinball Machine $15,995.00 (usd)
Initial Deposit $500. (usd)
Secure Deposit (please remit this amount) $7500. (usd)

Remaining Payments Due (see schedule A) $7995. (usd)

10/25/2011 Final design brief and master docs completed $1000.00
12/25/2011 Game concepts Pencil Sketches $1000.00
2/25/2012 Cabinet and Playfield Sketch Model $2000.00
4/25/2012 Game artwork development & colors $1000.00
6/25/2012 Working game maquette $2000.00
8/25/2012 Completed final part review & assembly $995.00
10/25/2012 Estimated completion date for game for delivery

-2
#13546 8 years ago
Quoted from dgarrett:

note the word GIVE. Bill is willing to try to get your machine using the credit of what you paid in towards the machine, and you pay the remaining to get delivery.

sorry but this is COMPLETE BS! He is not giving you a damn thing. He is lieing and telling you there is zero money with John (we know this is a lie since the shop is still open and John has yet to declare banckruptcy). The purpose of this lie is to convince you to give him more money, in fact enough money to build the damn machine from the start. He is trying to 100% walk away with the most valuable asset of zidware and at the same time convince you to pay even more money and take and even greater risk in him. There are NO gaurentees that he will not fail and if recent history holds true, he will fail. That means potentially even more money gone from pinheads. Don't give us this BS that he is being generous and 'giving' people anything. He has structured quite possibly the sweetest deal he possibly can and is trying to strong arm literally hundreds of buyers into GIVING HIM more money and taking on more risk!

Quoted from dgarrett:

You can bail on Pintasia's offer and sue Zidware, that has no cash

Again more BS. You are drinking this koolaid way too concentrated and you now have personal vested interest in this so are just another mouthpiece for the lies. JPOP still has his studio and still has some amount of cash. just STOP with the lies of no cash unless you or Pintasia are going to actually show the books to ALL RAZA and MG people.

Even the language you and pintasia are attempting to use in this situation is VERY telling to the reality of the situation. You would all make great politicians! What a complete joke.

I will again encourage every person owned money (either deposit or contractor) to open a claim NOW. If there is no bankruptcy then the first to the money the better the chance. IF there is a bankruptcy and you want the best chance of ANYmoney back then you want your name in the hat and you want ALL assest sold off to the highest bidder. You will also want to know that JPOP does not get off free and clear, trust me on this one.

Reality is that there are already cases against Jpop and IF you think bankruptcy is eminent then you will also realize that the MG proto and any 'license' agreement with Pintasia will likely not stand. Even if you want to support Pintaisia and their efforts, you need to WAKE UP and realize it is already doomed since they structured the entire deal so poorly. If they REALLY cared about all the pinheads then they would have made a deal that allowed them to work on making the game AND allow you to go after Jpop. THEN and only then would they attempt to sell you MG at a later date. None of this hold you hostage with threats of no money unless you give the tons more cash!!! WTF!

14
#13562 8 years ago
Quoted from dgarrett:

Jpop's part of the license turnover to Pintasia, is he can't say or show anything, that's all Pintasia now - don't expect a word, pic or appearance by Jpop re: any of the 3 titles. MG and protos of AIW and RAZA cabinets, playfields, parts, boards and mechs are owned by Zidware, and MG is on loan for the NW show. Pintasia bought rights to the art and theme, but not parts, machines, tools or other assets nor assumed vendor or customer liabilities.

<snip>

Yes Pintasia is working with suppliers. Zidware paid many past invoices. John said to me Monday that some open invoices are in dispute b/c of John giving them new product designs in exchange for a small run of parts. Then being billed for design time and parts, that were agreed to be an even exchange. There are two sides to some of the vendor stories. Why would John or Bill have to explain all those details to you, personally. Let the guessing begin...

Any last-minute deal cut with an insolvent company is going to be scrutinized, and the art and theme are intellectual property assets of an insolvent company, regardless of how Pintasia Designs Inc has characterized its recent agreement with Zidware Inc. There are laws in place in the United States regarding insolvency and fraudulent conveyances that govern this. They can easily be navigated through by simply following certain procedures: e.g., full disclosure, public notice, competitive bidding, and valuable consideration. Unfortunately, it appears that none of those procedures have been followed.

That's why John Popadiuk and Bill Brandes should have to explain those details, not to anyone personally, but to the creditors of the insolvent company, because those creditors actually have first claim on the assets. There should be no guessing here. The creditors deserve full disclosure, and the law requires it.

Quoted from dgarrett:

customer deposits are unsecured creditors, unpaid taxes of fed, state or property take senior priority.

That's not true. The priority for customer deposit claims [Priority 7] is actually senior to tax claims [Priority 8].

Quoted from Razorbak86:

Section 507(a)(7) of the Bankruptcy Code actually gives a 7th priority to "allowed unsecured claims of individuals, to the extent of $̶1̶,̶8̶0̶0̶ $2,775 for each such individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided." [11 U.S.C. §507(a)(7)]
http://www.gpo.gov/fdsys/pkg/USCODE-2011-title11/html/USCODE-2011-title11-chap5-subchapI-sec507.htm
The initial $1,800 dollar amount in the original Bankruptcy Code has been increased numerous times over the years to compensate for inflation, and it was subsequently increased to $2,775 in 2013.
http://www.gpo.gov/fdsys/pkg/FR-2013-02-21/html/2013-03998.htm
Pre-order customers who paid deposits would likely have their claims "bifurcated" (divided in two) into: (1) a priority unsecured claim of up to $2,775, and (2) a residual claim for the remainder, which would likely be classified as general unsecured. So the priority unsecured claim would likely be paid after all secured claims and some higher priority unsecured claims like administrative claims of lawyers/professionals in the case (Priority 2), and some wage & benefits claims of employees (Priorities 4 & 5), but before lower priority unsecured claims like taxes owed to governing bodies (Priority 8), and before general unsecured claims (e.g., trade vendors).

#14034 8 years ago

So here's an example of the feature sets I might have expected Magic Girl to have:

1) Persistent characters! Load your character with a unique identifier to start the game with your customized character. Persisted information includes a custom character avatar, skills, level, quest progress, spell and mastery trees, sounds and music and more! Information pulled automatically through user login from the Jpop user server.

2) Interactive live multiplayer. Challenge your friends to a live multi-table magic girl duel Pokemon style! Cast spells, summon monsters, trigger playfield hazards and view your opponent's progress through interactive wifi and soon-to-be-coming internet-enabled matches.

3) Quest mode! Play with your friends in a special interactive quest mode where players play as a party and progess through dungeons, castles and quests together. Special challenges include double-skill shot (both players must make a skill shot with either the left or right flipper together) and great harm mode, where every shot immediately traps the ball with a magnet and the game prompts you to enter a special code to release it (codes are single use and deposit $ must be received before the code will be given out)

4) Magnet meaning mode! A mode where the magnets interact with the playfield in a meaningful way. Such as: redirecting the ball intelligently. Displaying ball redirect patterns and transparently enforcing the playfield modifications the magnetic forces implement consistently. Allow targets and shots to effect and visually update the magnetic playfield modifications and progress game modes.

5) Wild Magic Mode! A fast paced mode where the game rotates through extreme magic modes and multiball and timed modes rapidly. The accelerated pace and emphasis on shot selection and accuracy provides a unique and tournament-ready format for the pinball expert to hone their skills.

Here's a list of the feature set I saw Magic Girl have:

1) Hit the ramp mode! Try to hit a ramp, and if you do hit the weird one and your ball doesn't bounce out, pat yourself on the back about it.

#14191 8 years ago

Lots has happened since the JPop letter was first sent. I kind of forgot some of the things that were said in that letter, so I thought I'd read it again. This was really handled pretty badly. Also, no way did JPop write this letter. He approved it and signed it, but I seriously doubt that he wrote it. Lots of head slappers in this letter:

Dear William,

It is with great excitement, determination and love for pinball that has led me to pursue and find a possible
solution that can be announced to you today. I want to take this opportunity to thank each and every one
of you who believed in the magical designs that have been created. I acknowledge and appreciate the
faith you have in placing deposits with Zidware, Inc. (“Zidware”) to deliver to you incredible machines that
take pinball to another level. Thank you for your patience and support …this well-deserved update will
give you a good idea of where we have been and where we are headed in the future.

First and foremost, my apologies for not being a better businessman. In the past, great success was
accomplished by focusing on what I do best… design and artistic direction of games. The business
mechanics were left to the executives at companies such as Williams and Bally. I did not realize what it
entails to run a company and get a machine designed and produced from start to finish. At the rate that I
have been going, bankruptcy would be inevitable absent some type of corrective action. Zidware no
longer has the ability to get Magic Girl™ (“MG”) into production let alone Retro Atomic Zombie
Adventureland™ (“RAZA”) and Alice in Wonderland The Pinball™ (“AIW”). A copy of current financials will
be available evidencing the impossible predicament Zidware currently faces.
Further, the delivery of
machines to my customers who have placed orders and provided deposits has always been my primary
concern and a responsibility that I take very seriously.

Therefore, I have sought out a solution to bring these games into production and to benefit all purchasers
who have continued to believe in me. Apologies for the lack of communication, however it was best to
find a workable solution first, rather than to string everyone along on false hopes. At this point I have a
plan in place and therefore am taking this opportunity to share it with you. My hope is that with this solid
plan, you, as a purchaser, will be supportive of this endeavor and remain patient and work with this plan
to achieve the desired goal of producing MG, RAZA and AIW machines.

What is the plan and how will it help the purchasers of Zidware products?

In a call for help, one of my customers, a businessman specializing in the restructuring of companies,
realized that there was no way Zidware could get this project over the finish line and into production. He
was saddened by the fact that many would suffer a loss and it would be a black eye for the pinball
industry and my reputation.

Over the last month or so, this individual and his associates have done extensive due diligence on
Zidware to determine the best plan of action. They have assembled a team of professionals capable in
bringing pinball machines to production under a new, unrelated company. I have granted this new
company (“Licensee”) an exclusive license for MG, RAZA and AIW. They will then be able to take MG
from its current state to the point of production, along with potential orders for RAZA and AIW. Once
these machines are produced, the Licensee plans to continue and grow to become an industry leader in
creative unique pinball design.

What can you expect next?

The Licensee is now underway to complete a master prototype Magic Girl™. An announcement will be
made as to when this will be, however the goal is to have it ready in time to unveil at an upcoming show.
From this point forward, information and progress will be provided by the Licensee as Zidware is no
longer in control.

This group is currently in the process of negotiating with proven known quality manufacturers to get the
games produced. As soon as this is contracted, purchasers will be notified and given a forecast of the
timeline to complete development as well as release dates for final product. As it stands today, the
anticipated timeframe until production of MG is approximately 2 years or sooner.

As for the other 2 games, art work will be under the Licensee’s direction and prototypes will be forthcoming. I have agreed to independently consult with the Licensee for continuity to complete the pinball designs for all 3 games. The timeframe until production of RAZA and AIW product is 2 to 3 years post MG production.

I encourage fellow Pinheads to allow this team to help make these games come to life. The Licensee has already made significant investment in both time and money to get where we are today. They have acquired the licenses for these games not motivated by profit, but to make the designs a reality and forge a viable path for production of these products to Zidware customers. The only other alternative is thatZidware would be forced to file for bankruptcy, resulting in virtually nothing to the purchasers and none of the games that we have worked on all these years will ever be produced.

We need patience, positive input and support from you and all of Zidware’s customers. Once each purchaser has responded back with positive intentions, the Licensee will be formally announced and be able to continue to move forward. However if there are any clarification questions regarding this letter oragreement, please do not contact the attorneys directly, instead you may send an email to: Magic Girl Info <[email protected]>. The Licensee has already indicated that they will be opening the doors to share the progress with customers and welcoming everyone with open arms!

To be clear, there will not be any refunds as Zidware lacks the cash reserves necessary to return any customer deposits. The Licensee is here to create and build pinball machines and it is not responsible for Zidware’s liabilities. Nonetheless, working together, the Licensee will have the ability to produce machines and Zidware customers will be provided credits for deposits made. We are very lucky that the Licensee started down this path to help the pinball community by trying to rectify this situation.

This is what we need in order for the Licensee to move forward, please take advantage of this opportunity and complete the attached agreement prepared by the attorney for the Licensee. This is what is required from you in the attached agreement in order for the plan to succeed:

1) Confirmation of your intent to complete the purchase of the ordered item(s) by executing and returning the attached agreement so that the Licensee does not expend resources for customers who may not wish to complete their order.

a. Magic Girl™ – original purchasers. The Licensee is already in talks with potential manufacturers to create a Magic Girl™–Collector’s Edition, limited to only 199 worldwide for those who have already purchased or provided deposits. This is first come first serve as we will close off as soon as we reach 199 orders. Zidware deposits will be converted to credits dollar for dollar.

b. RAZA or AIW purchasers. For those who have placed a deposit on RAZA or AIW, the Licensee is allowing these purchasers to convert their deposits to credits towards:

i. Magic Girl™–Collector’s Edition ($15,995) – Limited to only 199 worldwide, this is first come first serve as we will close off as soon as we reach 199 orders. Zidware deposits will be converted dollar for dollar, 1 (eg. $6,500 deposit = $6,500 credits).

ii. Magic Girl™-Classic (TBD estimated at between $9,995 to $11,995) – We are offering a new edition of Magic Girl™ with all of the same functionality and quality, since the final product is yet to be finalized and we don’t have actual BOM, we can only provide the price range. Any customers interested in this option will have opportunity to confirm their purchase at time of release of actual price. Zidware deposits will be converted 1:2 (eg. $6,500 deposit = $3,250 credits) for this option.

Once you take delivery of your machine, you have an asset in hand and the ability to keep it or sell it for cash. You will also have the ability to sell your position. Should you wish to wait for the possible creation of a RAZA or AIW, that option is also available.

2) Agreement that you will not bring any action for money damages or specific performance against Zidware, the Licensee, the manufacturer, or any of their directors, officers or members during the earlier of:

(i) delivery of the product or
(ii) 4 years

This is what we need to move forward; we ask your cooperation to support us and allow Zidware to get the Licensee what is needed at this time. This is the only plan that will possibly get these machines produced. It is time sensitive as we need to move quickly or I will have no choice but to pursue a chapter 7 bankruptcy filing resulting in the liquidation of Zidware without delivery of any of the games and virtually no cash to Zidware customers.

This plan is for you, the Pinheads that want something that is a true work of art, quality built that can be treasured for years to come. I have now found the right business team that is dedicated to try to get my work to the finish line and into production. Help me to help you get what you came to Zidware for…a pinball machine that you will be very proud of to have in your collection!

To Our Success!

Best Personal Regards,
ZIDWARE, INC.
John Popadiuk
President
Enclosure

#14249 8 years ago

.

Quoted from Baiter:The BOM is high because there is no volume...19 of anything custom is insanely expensive. Now that it is clear it will take the community to complete the game, I'd recommend retooling as much as possible to standard parts, which will lower BOM, resulting in lower price which attracts more buyers, which is the only way to get this done.

In working on the game, and talking to John and seeing the cad drawings, I think much of the $ went to design for boards, custom lights (yes, even the lights were custom boards w/LED chips). Lots of $ spent on custom light design, boards, art and coders (I presume Applejuice got paid up until he said earlier, late 2014 I believe?) so vendors paid at least 2011-2014. The apron is custom stainless, the side rails are stainless (vs. stern black wood rails), custom boards for lights, custom boards for cpu, drivers, transformer was custom, cabinets and BB is custom (and patents?), BG is custom with inserted speakers (no speaker panel in back), custom scoop, custom subway.

Anyway, change all those to standard, and BoM goes down dramatically. Leave the 19 with all stainless, lightening bolts everywhere, etc. and then "regular run" of MG up to 199 with standard apron, rails, lighting etc. Most of the deposit money was spent on sunk, fixed costs for design, not the variable cost of each machines BoM. I think Bill can make the numbers work for both versions.

For RAZA, the BoM could be even cheaper b/c its a larger run, standard (mostly) parts, and could be much less cost / machine.

#14312 8 years ago
Quoted from pezpunk:

you're not getting it. for one thing, thankfully, i don't have any skin in this mess. but the main point is that disapproval of your post isn't implicitly an approval of preorder pinball or anything like that. it's disapproval of your crappy post -- hopping into a thread that doesn't concern you and pissing on people who have already lost a bunch of money. nobody was informed or enriched in any way by your comment.

I lost a deposit on Predator, so yes, this does concern me a bit because it's the second time this has happened recently.

Sure, I didn't put money down on Theatre of Magic II and whatnot but I did on Predator so I am fully aware, I just chose to put the small deposit down.

I am not pissing on anyone. My post is just so people realize they need to learn their lessons about all of the non Stern places. They essentially are funding stuff based on almost a Ponzi scheme and everyone is drinking the Kool-Aid.

I can handle a small deposit, but no way I am handing off thousands unless they game is done, so consider my post a wake up call for people to make stronger safeguards for people trying to take in wild deposits for 2+ years of no pinball.

#14322 8 years ago

I really hope Bill and his crew can pull a rabbit out of the hat since I have a deposit down on RAZA.

Whether he does or doesn't though, my best option, given the following considerations, is to just lick my wounds and wait to see how things unfold.

1) I'm not putting another penny into this venture until I see games rolling off the assembly line (if I think the game is worth it). That rules out losing more money on more vaporware.

2) Considering how long John has been working on these projects, I believe he has burned through all the pre-order deposits. So, I don't feel like throwing good money after bad to lawyers, with the end result being I'm standing in line with a bunch of others to try and collect something that isn't there.

#14532 8 years ago
Quoted from ronaldvg:

My thoughts: boutique shops like these should be able to get pre-orders so they know where they stand when they are going to make big investsments. It makes their efforts viable. But we should all stop pre payments on those orders.

The big challenge is that the effort and expense to take a game to production is massive. If you have any custom parts, you have to make/buy these all up front, only way to do it. So a boutique firms needs to validate demand, and currently pre-order is the way to do that. Just having a list of 'yes I will buy' is not the same as 'yes I will buy and here is my deposit' (which is still not 100% sticky). If we had some history, in the boutique world, of what percentage of those who say "yes, I will buy it" actually follow through and are not just full of crap and/or wanting to reserve a place in line 'just in case' they decide, then future boutiques could use a 'list' to get a sense of demand and determine viability without requiring large deposits or total pre-pay.

This does mean the boutique needs to come up with money to buy all of the custom parts, and enough of the standard parts to get a dozen or so machines done, and then using that money from those sales to get the next dozen done. The boutique maker though has to feel that the 'demand' based on that list is reasonable enough (given assumptions about how many will drop out) to justify mortgaging their house or taking out a business loan etc.

Post development of the game, you are likely looking at a 150 to 200 thousand dollars, to fund the first 25 machines or so, depending on how many custom parts you have (as well has having the necessarily facilities and tools to assemble, etc. -- not included in that number). Again, this is after development of the game. So, bottom line, with the 'death of pre-order payments', if you can't come up with a couple of hundred thousand, then you should probably not be dipping your toe in the boutique pond.

32
#14662 8 years ago

Some had $30k + in on this. Bought MG , and RAZA - paid in full those. Then made a deposit on AIW.

It's a sad day for pinball .

I apologize for ever encouraging anyone to be involved with John Popadiuk . Wasting my own family's money is one thing, and I will pay for that, but encouraging fellow pinheads to participate in this scam was inexcusable . Won't ever do it again.

#14745 8 years ago

I dunno, I've posted way too much in this thread and people are probably sick of me. Here is what it appears happened based on these posts, but obviously I could be wrong. I'm not stating that any of this definitely happened. But what COULD have happened or end up happening, given the lack of oversight.

Designs made for MG and Raza, Zidware created to take pre-order money.
John created unnecessary patents, putting as many custom designed things in the pinball machine to reasonably charge huge fees for the patent use. Zidware pays large amounts of money to John out of all 3 pre-order pots.
John draws a salary.
Draws down all the money in the Zidware account (less some to pay vendors) into his personal account, roughly 2013 when he admits he stopped paying himself.
Stopped working on the games after all the money was sucked out of Zidware.
Engaged multiple siloed contractors to maintain a facade of work being done on the machine. The contractors did work, but John didn't worry about it much, he knew the company would fold.
Knew the pin wouldn't go into production so why pay contractors? He already "legally" drew the money out of the company.
Maintains the facade of staying in business to collect additional AIW deposits and any final payments from MG and RAZA.
Accomplices report "starry eyed" reviews after going to the shop to keep deposit money coming in.
Once these deposits dry up, it's time to shut down the company. Announces that with no more pre-order dollars the company will go bankrupt.
Gets legitimately spooked by lawsuits filed, and attempts a last minute divestment from his responsibilities. Threatens that people who sue will get "nothing."
Sets up deal with Pintasia to transfer assets out of Zidware (prototype and? IP? We have heard conflicting stories of what Pintasia owns)
Pintasia (while still anonymous) makes an offer to save people and produce the machines if they commit to paying more money and sign a no-sue agreement. (To keep the pre-order scheme going for 2-4 more years all over again)
No-sue agreement important so assets can be moved and will not be frozen.
Extreme pressure tactics used to frighten people into signing the agreements. The attempts fail.
Pintasia to keep John on as a "contractor" in the new pre-order scheme (this would ensure John gets a cut of the new pre-order $)
MG taken to NW pinball show to see if new pre-order $ can be made if people get excited about the new team.
Show fails to produce pre-orders, so Pintasia axes the idea.
MG is moved to a hidden location, a deal has been cut to give the machine to Pintasia, or at least they know JPop will not sue for its return.
Pintasia appropriates MG and other Zidware assets, leaving nothing for the creditors.
Zidware is left empty shell, while Pintasia shops MG IP and pays John a consulting fee for his efforts.

Some of you will think these things are believable, and some of you will not. There is a lot of evidence that right from day 1 this project was set up to drain pre-order dollars into a personal account, then bankrupt the company. There is a lot of evidence that Pintasia could have had the same idea and failed thanks to intense scrutiny. One thing is for certain, the assets need to be fully accounted for. A forensic audit is necessary to show that John Popadiuk was acting in the best interest of his clients. If he was found in breach of fiduciary duty, he would be responsible personally (not as a corporation, but as a director of that corporation) to provide restitution to those whose interests he was duty bound to protect. That restitution is by law usually the monetary amount they have lost because of the crime. If these things were to happen, the buyers would have to find him personally liable to access the funds at this point. I think they exist. There is a good chance JPop was Zidware's single biggest expense, which would mean the money is still around.

Sorry to end on a wall of text, but I guess that's just my style. I'm going to take a step back and let other people discuss the issue for a while, as I have way too many posts here. But hopefully you will understand it is out of passion, and I mean well.

11
#15213 8 years ago
Quoted from Methos:

He gave himself a salary, how much is unknown. Plus it appears he took other draws out to fund other activities not related to the making of the machines he sold. Embezzlement isn't as difficult to prove as fraud and still carries jail time.

This is my contention, money was paid for a game, not to pay John a salary. john was not hired as an empoyee, he was paid to deliver a game, no salary should have been taken IMO. He should have figured the cost to deliver the pin and if money was left over that would have been his salary.

If his contention was that the money ran out becasue he took too long and therefor his salary ate up all the deposit money that's a fraud because he was solely responsible for the timeframes.

-1
#15229 8 years ago
Quoted from rommy:

There is money left. I will get some of it through a lawsuit. Others will get money that file lawsuits. There is a strong case for embezzlement, fraudulent transfer, and other criminal misdeeds. All of that will be pursued...every detail...until we find it. IMHO , given his track record, there is ZERO chance that there is no criminal activity. Criminal activity is all over these transactions at several stages.
If you really can't see taking people's money for one project and using it for something else as a crime I suggest you brush up on fraudulent transfer and embezzlement. Embezzlement is not hard to prove. Neither is fraudulent transfer in this case. I mean on the very face of things money used to build MG taken from RAZA and AIW depositors is fraudulent.
Call Zane if you have doubts

Rommy - do you know (and this is totally an honest question) what records are needed to show fradulent transfer? It seems there may have been zero booking - it that a plus for the buyers side in the lawsuit? Seems that the contract with deadlines and deposit schedule, and then the timing of the taking of RAZA and AIW monies, before MG was delivered are strong evidence too.

#15394 8 years ago
Quoted from flynnibus:

What f'in planet do you all live on where you think people sell stuff for a price that only includes that item?

I live on a planet where I exchange money for goods. I do not care what the costs are to run that business as even when I preorder a product I am not an investor in that company. I simply paid a deposit and expect a product.

Luckily I also live in a world where when someone promises a product they are expected to deliver it or return your money. We have all sorts of laws that protect consumers and all sorts of laws it appears Jpop has broken in this sham of a business startup (guessing even more will be uncovered when more can be seen behind the curtain).

I am very certain that Jpop will pay in the long run. The only way he won't pay for this is if people are too lazy, scared, or ? to not put in the small amount of effort and relatively small amount of money to go after him.

#15623 8 years ago
Quoted from rai:

I thought Zane keeps 25% so you multiplier should be .75 (no?)

He was showing what you end up paying to get the value back, not the amount you could potentially deposit into your bank account. You're both right, just ying/yang.

#15684 8 years ago
Quoted from Pinballs:

And, to be blunt, let's not forget that he 'married up'. That is, his wife might be rich, and is fully implicated in this case.

This idea (a wealthy spouse) has been proffered many times before, including years ago when people were assuring everyone JPop didn't need the deposit money to live on.

I think it has been fairly well determined that the wealthy wife idea was just a myth supported by no evidence of any kind. Best I can tell from what we've seen she's no better than JPop.

#15698 8 years ago
Quoted from Whysnow:

agree 100% and I am continually amazed that smart people like tigerlaw are willing to ignore or overlook these huge flags.

Well they never even got to the point of asking for additional deposit money, so it's kind of a moot point. Bill could have easily removed her and replaced her if they had decided to move forward with the project, and in my opinion most likely would have, but with the game evaluation going as poorly as it did, there was no need to bother with that or even address people's concerns about it.

3 weeks later
22
#16347 8 years ago
Quoted from Rarehero:

But he loses a lot by blaming the victims and insulting the community for holding John accountable. Sours me on doing further business with him.

Never expected to hear anything from Jack like this. Downplaying the whole situation and pretending that John is the victim here. What a f** asshole.

It is hilarious that Jack is comparing JPOP to a "startup" or "crow funding" thing. Or that the customers were actually "investors". Did we miss something 4 years ago that Jack knew ? I cant seem the recall that JPOP ever said " your deposit on MG isnt for a pinball! its actually to fund my company, but no, you get no share! There might be a small chance of you ever getting a pinball machine. "

Or when he announced the other 2 games and gladly took peoples money did he tell "oh wait, i have run out of money and there is zero chance of MG. A normal company would now tell the investors ( oh ha i aint got those) that the money is gone and we need another funding round. But not me! No, I will announce 2 others games to lure customers in and to finance the MG ! Ha, isn't this great !! ".

A company seeking investors is at least honest ; for x money you get x share and with any startup there is chance of failure. If JPOP had the balls to admit it from the start that it was a risk investment then sure, the investors (not customers!) took equal risk. But JPOP never told the fucking truth and kept luring in customers long after he KNEW no machines would be ever made. Thats not a startup, thats an asshole ripping people off. Sure, looking back it was a big risk, but don't come here and tell JPOP is a honest businessman.

What bothers me even more is that Jack is saying the customers and JPOP had an equal share of risk or blame, call it what you want. No Jack, they didn't because JPOP never told the truth from day one.

#16373 8 years ago
Quoted from ZenTron:

A lot of rhetoric.. Lets have 1000 posts about how we disagree with Jack meanwhile he's pumping out games and JPOP is working on AIW.

Jack has made one game, it's not like he's the Henry Ford of the pinball industry. I'd like to see Jack shipping games rather than criticizing people who just want their refunds. If John wants to get back in the good graces of the pinball community he should start refunding all the deposit money. If John is not going to build MG and RAZA (he said as much) he should stop paying rent on a studio and use that money to repay the deposits and the vendors he owes money to.

10
#16453 8 years ago
Quoted from guyincognito:

I've re-read the JJ post about 3 times and can't believe how out of touch with reality he is.
» YouTube video
He makes it sound like the buyers and anyone that ever played a pinball machine should have cashed in their retirement funds and sent it directly JPOP so that he could keep the journey alive.
» YouTube video
Sheesh...
living-your-dreams.jpg
With marketing slogans like "big toys that nobody needs" and "money to burn", if I was trading Pinball Futures, I'd be shorting JJP stock.

July 10, 2015

The day I became an EX Jersey Jack Pinball JJP machine buyer.

Wonder if Jack's victim blaming letter is telegraphing an implosion at JJP???

I'd be REAL WORRIED right about now if I had a deposit in for The Hobbit TH, with all the postponements, etc., ongoing.

#16647 8 years ago
Quoted from Taxman:

I like the Free Bird multiball. Gets you pumping.

It is definitely a song that screams MB. The game has five other MBs, plus that first one can be earned multiple times, so I really need to find some other great songs that have that energy. I also like having versions that are instrumental only when possible.

Quoted from pinballrockstar:

wow!!
that pin is awesome!
the music is spot on and it is flowing well?
i like the queen song at the end.
can i pre order?

Not too many songs that would be a better fit when getting a high score than 'we are the champions'.

Well, if you really want a game about my family in your game room, sure, you can pre-order

If ever did do a production game, there are three things I can tell you about pre-orders

1) The only pre-order would be a couple of hundred bucks, to put you on the list and at least make sure you have at least some real interest vs just sending an email.
2) Any pre-order money would be held in escrow by a third party
3) pre-order money would NOT be used for design, engineering or anything else. It is deposit money towards a machine, not towards the development of a machine.

But you know, there are people out there who spend $5 Million on paintings, I'm sure I can get one to give me a $1 million.

On a serious note, if I did it, I would fund it myself or find funding for the development, engineering and the building of the first X machines, because that is how its been done in other start-up businesses I have been involved in.

3 weeks later
#17125 8 years ago
Quoted from PinballHelp:

Why should he pay anybody back?
His victims are willing to let him run away with the money, even though what he's done is clearly criminal.
A civil lawsuit doesn't mean squat. Worst case he declares bankruptcy and starts over. Everybody thinks he's crazy but he's actually playing the perfect role to pretend he's still doing stuff. Everybody would have been paid if his victims had lobbied for criminal investigation/prosecution. I spoke to a few of the people who paid him. They all have weird personal reasons for not wanting to come forward. He picked a good group of people to take advantage of. None of them are willing to inconvenience themselves enough to hold him criminally-accountable - and make no mistake, he could be if his victims weren't so apathetic. So be it.

You are 100% wrong - about there being no attempt to hold him criminally responsible. You are also 100% wrong about the impact of civil proceedings against him, his wife, and all his companies.

I am suing. I gave gone as far as I can with the FBI, the locals, and the state AG. I have one more criminal card to play which I will keep close to the vest until financial blood is already spilling.

You think you can do better? Send him a deposit for AIW and start legal proceedings to recover your money. I bet you can get in for $500.

2 weeks later
#17258 8 years ago
Quoted from frolic:

It was DOA from the beginning. A boneheaded idea from the kind of bone heads.
My point above though was he DID have money from us RAZA and AIW people, and even WITH all that money could not finish MG, let alone the other games.

Agreed 100%. And not even just the deposit monies. Add in all the people who helped or offered help on their own dime. Or gave Zidware a break on goods or services in good faith to move the projects forward. Or picked up the tap for a meal.

1 week later
#17450 8 years ago

How many Sterns have been released since JPop took his first deposit? I can do the leg work if i know date first deposit was sent in.

24
#17459 8 years ago

To all pinside people. Stop using the term investing or investor. You don't invest in Ferrari by putting a deposit down or prepaying for products. That's what a pinball machine is, a consumer product just like any other. A investor invests capital into a company to get more capital back hopefully. Investing inherently assumes risk. Just because you lost money does not make it a investment loss. Pre-ordering or buying a product outright in America at least should have no risk and assumes you get what you paid for, that's why a lawsuit is possible.

3 weeks later
#17801 8 years ago
Quoted from CNKay:

How many titles have come out from Stern since this J plop adventure started? Just watched the GoT on twitch. Yeah jpoop was mentioned!! Nothing nice.

https://pinside.com/pinball/forum/topic/jpop-update-thread%e2%80%a6%e2%80%a6%e2%80%a6%e2%80%a6%e2%80%a6mg-raza-and-aiw%e2%80%a6?tq=deposit&tu#post-2662658

4 weeks later
#18297 8 years ago
Quoted from emkay:

I always wondered how that hustle worked. I've read a lot about payola and organized crime's involvement in other aspects of coin-op (jukeboxes, MCA, etc) but never quite got how the routes worked. Clever...

Back when machines brought in a lot of money, as an operator you want to be sure your machines stay in a good location.
So this trick of lending money to a bar owner and paying it back with his profits, means for the length of that loan your machines will stay in that location and earn a lot of money.

After all when you don't have anything like that, any other operator can come in and tell the bar owner he'll give him a few percent more, and you're out of the location, losing the income..

Here in Belgium something similar still happens. Bingo machines are still legal here and big business. Still being made brand new and most of them earn a lot of money. The rules are very restricted (only a number of operator allowed, they need to put in a big deposit before they can start a business, ..) but it earns a lot of money (for some, maybe not for all).

More than one operator own properties where bars are in. Being the owner they're sure their bingo machines stay on that location and they can set how much percentage of the machine they'll earn. And sometimes the bingos bring in more money than the rent.

1 week later
20
#18334 8 years ago
Quoted from rubberducks:

There's a clear question of intent or lack thereof, however. Both from an ethical and legal point of view. There's a difference between him (or anyone) intending to deliver something (even if the whole project is to feed their ego) and never intending to do anything and run off with the money.
If you really believe the intention was to make off with the money, then he's a far more incompetent thief than an incompetent and ill-equipped manager and business owner given the alternative. I know which I think is more likely.

My argument has always been that when the situation involves dollar sums on the magnitude as this (a million bucks) the "Aw shucks, guys, my bad" excuse is not available. You have an obligation to have your shit together or don't go swimming in the deep end of the pool.

But ignoring that for a moment, Jpop knew enough that he knew he had to appear to have his act together to sell the thing: non-disclosure agreements, a printed timeline with milestones and deposit schedule, build blog, partnership with Ben Heck, etc. In hindsight, these all paint the picture of a guy who intended to sell an image but had no real plan outside of selling just the image. In other words, he was selling smoke and mirrors and he was very conscious of it.

Now add to that the guy tinkered in a workshop for four years with a team and still didn't produce a single game. Four years to run the numbers over and over and realize "I need help." Help was offered many times and refused, in fact.

To put that in perspective, Skit-B had a mostly working game when they started taking pre-orders. Where skit-b STARTED was further along than where JPOP crashed and burned following 4 years and a million bucks.

Then, after all deadlines had passed and he was obviously in breach of his own contract, when people attempted to contact him for refunds he ignored them. But he always had time to take more pre-order money.

We're not talking about a situation where Jpop left all the money in a duffel bag on the subway. "Jeez, what an idiot! But he didn't intend for our money to get stolen..." We're talking years of misinformation, assurances, and lies, and all with slick packaging to give an air of legitimacy.

So at what point does that kind of gross incompetence, willful ignorance and fiduciary neglect become an outright criminal matter? I think a long time ago.

2 months later
#18503 8 years ago

I found this cleaning the shop today. Came out of our bin for shows. I'm guessing been in the bottom since Nw Show somehow.

We could stamp set we steal online and sell it to recoup our deposit money! Fool proof right ?

20160120_101835_(resized).jpg20160120_101835_(resized).jpg

1 month later
#18725 8 years ago

If Homepins has actually brought jpoop on board then they have lost all credibility. Jpoop is a know thief and a liar and he is not a genus designer as the Pavlov article claims. He was involved in a few decent games so that makes him a "B" grade designer at best which he illustrated via the MASSIVE failures of, MG, RAZA and AIW.

If someone walked into my office and was looking for a job and I knew full well they had just stolen a million dollars and blatantly lied to many of my colleagues I would have show him the door and told him to get the "F" out.

Homepins must be really desperate if they chose to associated with the idot/thief jpoop. If I had a deposit on one of their pins or I was thinking about buying one I would yank all support and tell the owner of Homepins, Mike, to give his head a shake and stop employing a thief. What kind of business model is that for f*#k sakes!!???

QSS

1 month later
#18811 7 years ago

It didn't make sense to me that he would spend so much time tweaking the artwork without having the basic layout locked down. However, hope springs eternal and by then my deposit for RAZA was already committed.

I no longer see any scenario in which a good pinball machine would have been produced with John as the sole designer and in control of the company.

A cautionary tale, hindsight is 20/20, lots of red flags, etc...

I'll be more careful where I put my money next time.

3 weeks later
#18857 7 years ago

Any updates from anyone on what JPop is up to these days? Has he gone out and acquired a job of some kind by chance?

It's hard to imagine he is just managing the litigation (or whatever) with no income unless he had more deposit money left over than he led anyone to believe.

1 week later
#18873 7 years ago

This was sent out May 23rd, 2015.... happy anniversary dead Pintasia announcement


RE: PLAN OF ACTION FOR PURCHASERS OF MAGIC GIRLTM, RAZA AND AIW

It is with great excitement, determination and love for pinball that has led me to pursue and find a possible

solution that can be announced to you today. I want to take this opportunity to thank each and every one

of you who believed in the magical designs that have been created. I acknowledge and appreciate the

faith you have in placing deposits with Zidware, Inc. (“Zidware”) to deliver to you incredible machines that

take pinball to another level. Thank you for your patience and support ...this well-deserved update will

give you a good idea of where we have been and where we are headed in the future.

First and foremost, my apologies for not being a better businessman. In the past, great success was

accomplished by focusing on what I do best... design and artistic direction of games. The business

mechanics were left to the executives at companies such as Williams and Bally. I did not realize what it

entails to run a company and get a machine designed and produced from start to finish. At the rate that I

have been going, bankruptcy would be inevitable absent some type of corrective action. Zidware no

longer has the ability to get Magic GirlTM (“MG”) into production let alone Retro Atomic Zombie

AdventurelandTM (“RAZA”) and Alice in Wonderland The PinballTM (“AIW”). A copy of current financials will

be available evidencing the impossible predicament Zidware currently faces. Further, the delivery of

machines to my customers who have placed orders and provided deposits has always been my primary

concern and a responsibility that I take very seriously.

Therefore, I have sought out a solution to bring these games into production and to benefit all purchasers

who have continued to believe in me. Apologies for the lack of communication, however it was best to

find a workable solution first, rather than to string everyone along on false hopes. At this point I have a

plan in place and therefore am taking this opportunity to share it with you. My hope is that with this solid

plan, you, as a purchaser, will be supportive of this endeavor and remain patient and work with this plan

to achieve the desired goal of producing MG, RAZA and AIW machines.

What is the plan and how will it help the purchasers of Zidware products?

In a call for help, one of my customers, a businessman specializing in the restructuring of companies,

realized that there was no way Zidware could get this project over the finish line and into production. He

was saddened by the fact that many would suffer a loss and it would be a black eye for the pinball

industry and my reputation.

Over the last month or so, this individual and his associates have done extensive due diligence on

Zidware to determine the best plan of action. They have assembled a team of professionals capable in

bringing pinball machines to production under a new, unrelated company. I have granted this new

company (“Licensee”) an exclusive license for MG, RAZA and AIW. They will then be able to take MG

from its current state to the point of production, along with potential orders for RAZA and AIW. Once

these machines are produced, the Licensee plans to continue and grow to become an industry leader in

creative unique pinball design.

{34564: 001: 01634628.DOCX :2 }

What can you expect next?

The Licensee is now underway to complete a master prototype Magic GirlTM. An announcement will be

made as to when this will be, however the goal is to have it ready in time to unveil at an upcoming show.

From this point forward, information and progress will be provided by the Licensee as Zidware is no

longer in control.

This group is currently in the process of negotiating with proven known quality manufacturers to get the

games produced. As soon as this is contracted, purchasers will be notified and given a forecast of the

timeline to complete development as well as release dates for final product. As it stands today, the

anticipated timeframe until production of MG is approximately 2 years or sooner.

As for the other 2 games, art work will be under the Licensee’s direction and prototypes will be

forthcoming. I have agreed to independently consult with the Licensee for continuity to complete the

pinball designs for all 3 games. The timeframe until production of RAZA and AIW product is 2 to 3 years

post MG production.

I encourage fellow Pinheads to allow this team to help make these games come to life. The Licensee has

already made significant investment in both time and money to get where we are today. They have

acquired the licenses for these games not motivated by profit, but to make the designs a reality and forge

a viable path for production of these products to Zidware customers. The only other alternative is that

Zidware would be forced to file for bankruptcy, resulting in virtually nothing to the purchasers and none of

the games that we have worked on all these years will ever be produced.

We need patience, positive input and support from you and all of Zidware’s customers. Once each

purchaser has responded back with positive intentions, the Licensee will be formally announced and be

able to continue to move forward. However if there are any clarification questions regarding this letter or

agreement, please do not contact the attorneys directly, instead you may send an email to: Magic Girl

Info . The Licensee has already indicated that they will be opening the

doors to share the progress with customers and welcoming everyone with open arms!

To be clear, there will not be any refunds as Zidware lacks the cash reserves necessary to return any

customer deposits. The Licensee is here to create and build pinball machines and it is not responsible for

Zidware’s liabilities. Nonetheless, working together, the Licensee will have the ability to produce

machines and Zidware customers will be provided credits for deposits made. We are very lucky that the

Licensee started down this path to help the pinball community by trying to rectify this situation.

This is what we need in order for the Licensee to move forward, please take advantage of this opportunity

and complete the attached agreement prepared by the attorney for the Licensee. This is what is required

from you in the attached agreement in order for the plan to succeed:

1) Confirmation of your intent to complete the purchase of the ordered item(s) by executing and

returning the attached agreement so that the Licensee does not expend resources for customers

who may not wish to complete their order.

a. Magic GirlTM – original purchasers. The Licensee is already in talks with potential

manufacturers to create a Magic GirlTM–Collector’s Edition, limited to only 199 worldwide

for those who have already purchased or provided deposits. This is first come first serve

as we will close off as soon as we reach 199 orders. Zidware deposits will be converted

to credits dollar for dollar.

b. RAZA or AIW purchasers. For those who have placed a deposit on RAZA or AIW, the

Licensee is allowing these purchasers to convert their deposits to credits towards:

{34564: 001: 01634628.DOCX :2 }

i. Magic GirlTM–Collector’s Edition ($15,995) – Limited to only 199 worldwide,

this is first come first serve as we will close off as soon as we reach 199 orders.

Zidware deposits will be converted dollar for dollar, 1 (eg. $6,500 deposit =

$6,500 credits).

ii. Magic GirlTM-Classic (TBD estimated at between $9,995 to $11,995) – We are

offering a new edition of Magic GirlTM with all of the same functionality and

quality, since the final product is yet to be finalized and we don’t have actual

BOM, we can only provide the price range. Any customers interested in this

option will have opportunity to confirm their purchase at time of release of actual

price. Zidware deposits will be converted 1:2 (eg. $6,500 deposit = $3,250

credits) for this option.

Once you take delivery of your machine, you have an asset in hand and the ability to keep it or sell it

for cash. You will also have the ability to sell your position. Should you wish to wait for the possible

creation of a RAZA or AIW, that option is also available.

2) Agreement that you will not bring any action for money damages or specific performance against

Zidware, the Licensee, the manufacturer, or any of their directors, officers or members during the

earlier of:

(i) delivery of the product or

(ii) 4 years

This is what we need to move forward; we ask your cooperation to support us and allow Zidware to get

the Licensee what is needed at this time. This is the only plan that will possibly get these machines

produced. It is time sensitive as we need to move quickly or I will have no choice but to pursue a chapter

7 bankruptcy filing resulting in the liquidation of Zidware without delivery of any of the games and virtually

no cash to Zidware customers.

This plan is for you, the Pinheads that want something that is a true work of art, quality built that can be

treasured for years to come. I have now found the right business team that is dedicated to try to get my

work to the finish line and into production. Help me to help you get what you came to Zidware for...a

pinball machine that you will be very proud of to have in your collection!

To Our Success!

Best Personal Regards,

ZIDWARE, INC.

John Popadiuk

President

That deal is (long) dead, but we're still here, and John is still toiling away some where today. He sure knows how to run out the clock.

1 month later
13
#18921 7 years ago

I was caught up in the Magic Girl and Alice hype. JPop mailed me all the deposit info for AIW. I came very close to sending him my money.
I would like to thank the skeptics on Pinside for posting just enough for me to not send him a check.

1 month later
#19087 7 years ago
Quoted from KerryImming:

I hope no one actually believes this; it's not true. Even at $17K per game, 26 games was not nearly enough to completely redesign every piece of a pinball game (e.g. right down to custom leg brackets).

He was planning to do 50 MG pins before expo.

He did actually turn down $$ from myself and Bill, thankfully, as a deposit on MG. He was getting major blow back from original guys, and rightly so.

He tells me at that time, "it's not reasonable for the owners to think we could do such a small run"!

And most everybody thought he was near completion at that time on MG, including the owners that went and visited

Can't make this shit up

1 month later
#19455 7 years ago
Quoted from YeOldPinPlayer:

Would anyone send money if they got a phone call or email saying their game was ready? Who would trust them to ship a game? It would have to be cash & carry, maybe selling at shows?

IF this is legit, it would be interesting if AP could offer $6-7k games cash and carry, at the same time Stern have bumped prices to $9-10k with a deposit/pre-order model.

#19458 7 years ago

American Pinball needs to operate with complete transparancy. The secrecy with the whole MG thing makes me think there is still something fishing going on, but realistically I don't know how else JPOP could write his wrong. The only way he could raise the kind of money he owes would be to design new games. I'm not saying to trust, but for the purpose of this discussion, let's ssume that American Pinball is a legit operation. What could they to help correct JPOPs previous wrongs? I see Ben H. suggested 50% off to those that put down a deposit on prior machines. Take that out of the money they would have normally paid to JPOP. I really don't have a great option.

PS: This is on a much smaller scale, but I've bought items from people who owed others money. I only agreed if they would send first, and my payment could be sent directly to the person they owed money too.

#19476 7 years ago
Quoted from MinusWorlds:

Still not going to work. And it was more than $1M to JPOP.
So let's pretend American Pinball makes EVERYONE whole. MG, RAZA, AIW. Fine. Who in their right mind will do a pre-pay model? Even after that? Nobody.
That's why I say it will take millions to do it right. Even if they correct JPOOPS BS. They still need to build and inventory pinballs to sell them. Hence the millions of dollars comment.

It WILL cost them millions. There is only one option that has the smallest chance of success:

Forget about AIZ/RAZA. Those games will not be made in the near future.

Focus on MG. No "ONLY 26 IN THE WORLD WILL BE MADE" bullshit. Get MG in full production. Every single person who has made a deposit for RAZA/AIW has the option of a full refund or use it for MG. No 3 or 2 credit exchange scam nonsense.

#19614 7 years ago

i just started following this tread again after months of staying away from it. So i'm sure my questions have been answer but here they are:

approximately how many people put deposits down on AIW? What was the prepay deposit?
And did Jpop's file bankruptcy for his business?

2 weeks later
#20050 7 years ago

Seen from an outsider: I never was a Jpop fan so I was (and still is) immune to the hype.

Quoted from CNKay:

But people never learn.

People never learn if they preorder from AP or put a large deposit.
But now assuming you could "cash and carry" a Houdini pin, why not? Especially if MG has shipped in the meantime?

AP (assuming it's legit and not a scam) made the bold bet that JPop name would attract publicity... well, it does! Good and Bad.

Time will tell if they can deliver. Let the MG/RAZA/AIW group of owners deal with AP. I'll keep an open mind until things are settled.

1 week later
14
#20202 7 years ago

at the end of the day, it's "we" the consumers that are to blame. "we" are the ones that allow this to happen by thrusting out our fists filled with cash, declaring "take my money"

mr.68 did the right thing and got out of the batman '66 pre-order because to him, enough was enough and to have to put a deposit down which became non-refundable prior to the unveiling was ludicrous. granted, it turned out to be a nice looking package, but no where worth the asking price (in my opinion).

on top of this, with all that stern has been going through (affecting their entire current product offerings), people were still lining up like lemmings ready to take that leap of faith sight unseen when pre-orders were announced

until "we" as a community stop allowing this to occur, this will continue. and "we" will continue to bitch and moan about it even though "we" are the cause. plain and simple

2 months later
#20527 7 years ago

Re: amount of $$$ at issue in the suit?

I added up all the plaintiffs' deposit amounts. The lowest deposit amount is $2,750. The highest is $22,745. Most were $6,500 or more. The grand total (unless my math is bad) is $223,215.

However, plaintiffs are all seeking "an amount to be proven at trial and for such other relief that this court deems just" which means JPOP may be on the hook for punitive damages as well.

26
#20532 7 years ago

Okay, finally had a chance to go through the full document. First thing's first, here is a link to a Google Drive folder where I’m putting Zidware research up (so people can just access things instead of requesting through email): https://drive.google.com/open?id=0ByHkGICVbWd0FyTWJSS3JJSWM

Here’s a direct link to the 3rd amended complaint (the full 44-page one) c508 obtained: https://drive.google.com/open?id=0ByHkGICVbWSnhDSWhpRktoR0E

I’ve attempted to crosswalk between the complaint and JPOP’s response, to make things less tedious. Here is my attempt to summarize his answers, categorized as to things he either admits to or things he denies from the complaint. Lots of responses referred to multiple counts, which are the different plantiffs by-and-large (so the amounts change as c508 noted in an earlier post, and the games expected change, but the general claims by the plantiffs as to how they were wronged [and JPOP's response to those claims] are the same).

JPOP admits to:
• Residing in Cook County, IL
• Michelle also lives in Cook County
• Zidware was an Illinois Corporation
• That there was a purchase agreement(s) for a pin (Ben Heck’s Zombie Adventureland specifically cited in Count 1, but which pins are involved varies by count and plantiff), but JPOP denies any claim made that isn’t listed in the purchase agreement (don’t know if any were being made, doesn’t look that way)
• That the plantiff(s) paid him
• That the plantiff(s) demanded a return of the deposit money
• Creating a blog to communicate with purchasers
• Blog post on 10/14/2014 stating “New news here We were able to solidfy an ongoing working arrangement with Mission Pinball and Fast Pinball guys from Seattle last week”
• Blog post on 10/23/2014 stating “We have a set date to show magic girl on a rug for mid december and I will work on the raza schedule and report back soon which will be after that”
• Blog post on 1/17/2015 stating “Currently still on track to show a fully built Zombie Adventureland game in February John Popadiuk”

JPOP denies:
• Failing to perform under the purchase agreements
• That a failure to perform resulted in damages to the plantiff(s)
• That the plantiff(s) is entitled to a return of their deposit
• That the deposit was taken and converted to his own use
• That he refused to refund the deposit as demanded immediately
• That such refusal of deposit refund is willful, wanton, and malicious and thus punitive damages should be awarded
• That as a direct result of not refunding the plantiff(s) deposit, he has been unjustly enriched and benefited at the plantiff(s) expense
• That the 10/14/2014 blog post was false, and that he knew it to be false at the time it was made, and that it was made with the intent to deceive and defraud purchasers
• That the plaintiff actually and justifiably relied on false statement the 10/14/2014 blog post and was damaged as a direct and proximate result of it
• That the false statement contained in the 10/14/2014 blog post was made with oppression, fraud, and malice
• That the 10/23/2014 blog post was false, and that he knew it to be false at the time it was made, and that it was made with the intent to deceive and defraud purchasers
• That the plaintiff actually and justifiably relied on false statement the 10/23/2014 blog post and was damaged as a direct and proximate result of it
• That the false statement contained in the 10/23/2014 blog post was made with oppression, fraud, and malice
• That the 1/17/2015 blog post was false, and that he knew it to be false at the time it was made, and that it was made with the intent to deceive and defraud purchasers
• That the plaintiff actually and justifiably relied on false statement the 1/17/2015 blog post and was damaged as a direct and proximate result of it
• That the false statement contained in the 1/17/2015 blog post was made with oppression, fraud, and malice

Hope this helps out some.

#20533 7 years ago
Quoted from DennisK:

JPOP denies:
• Failing to perform under the purchase agreements
• That a failure to perform resulted in damages to the plantiff(s)
• That the plantiff(s) is entitled to a return of their deposit

These alone really piss me off. Why the hell doesn't he think people are entitled to a return of their deposit when he didn't deliver what they paid for??!?!?!?!!

#20541 7 years ago
Quoted from dgarrett:

My question, esp. to the legal dudes ...
How will a judge rule on "reasonable amount"? - without a specific date, there's no violation, so plaintiffs just wait?

In the case of RAZA, there *is* a specific date that was listed. There were target dates given for various milestones, and once each milestone was reached, an additional deposit would be due.

It's been so damn long now I don't even remember what the original completion date was anymore! December 2013?

1 month later
20
#21234 7 years ago
Quoted from applejuice:

Ok, so here is something that i as the programmer have created for the owners of magic girl and other interested people.
http://magicgirlcode.org

Here's a thought...... You created the MG code and programming. Maybe you should release MG code v6.9 and that could include some special call outs like:

- "Suck it Popadiuk"
- "1 miilion points and nothing to show for it"
- "straight down drain..... just like my deposit"
- "I'm a mediocre designer, but your a brilliant player"
- Tilt call out "easy, easy, you'll expose the fact that I'm a fraud..... toooooo late.....tilt"
- Hurray up call out "mo money, mo money, mo money, ooops where did it go?........ it's magic!"
- "you are all in the presence of greatnesnessous, I am a legend in my own mind"
- "I haven't been f#cked that hard since grade school"

This shit practically writes itself. Who else has some call out ideas for applejuice and his new 6.9 coding version for MG?

QSS

#21319 7 years ago
Quoted from iceman44:

I'm only wondering here, aside from the fact that Cointaker lost a big amount of $$$, why did they get 3 MG pins? Did they purchase them up front? I think I recall Chris saying they did buy 1?
What about Yeti, Applejuice and others?
I know John and Cointaker have been long time friends. How was that process handled?
Doesn't it seem a bit dumb not to give the programmer a pin? A guy that certainly would have incentive to finish it up?
But then it does have to actually flip to matter

What $$$ did they lose besides whatever they spent on personal machines? From what I hear they won't provide deposit money back that they took as a distro. The distro is responsible for any payments they take. So, they aren't out that money. The fact they are selling one of their MG pins, but owe deposit money back is unsettling to me.

I guess they sent them some bulbs as well pre-production. I am not sure of the real amount sent tho.

#21322 7 years ago
Quoted from TigerLaw:

Did they remit 100% of the money they took in on the special edition RAZAs to JPop? I can no longer recall the particulars.

I'm not 100% sure. I just know of a local friend who used them to order since he knew they were a reputable company. When he contacted them for a refund on his deposit only that he paid to them they would not send it.

#22288 7 years ago

I almost sent a deposit on BHZA when I saw the lazy Susan underside playfield. That looked like that was going to be pretty cool. I held back and waited and found it was dropped. Then the artwork changed, and I moved on to want AIW. I inquired about it, but I didn't want to send a deposit until I saw some type of artwork and general playfield layout. I am still waiting to see that to this day.

#22378 7 years ago

And you wonder why I say we haven't seen the end Jpop.

Deposits for Hot bowling witches pin soon. $20k deposit, $40k price tag.

A run of 20 pins that won't work either but they will look great!

#22381 7 years ago
Quoted from flynnibus:

This really just opens up the door for the next sham pinball company.. when people see people selling MagicGirl for many thousands more than they put out.. every Tom Dick and Harry is going to throw money at a project hoping for a payoff... no matter how sketchy it is.

I disagree.....lol!

No way. No one is going to put any money in a pre-order at this point on a start-up unless it's a nominal deposit. Like $250 or less. Even then, probably not.

#22500 7 years ago

If he built them on his own he could build another 30. That will be an option for the bankruptcy judge to consider

It was part of the original plan to build 50 anyhow. Bill, myself and others were "on the list"

His comment to me was, "how could anybody think I reasonably only build 13, 17, or 19, I really screwed that up"

Before expo, "Hey John are you ready for the MG deposit? No, but be ready, I'll be calling you guys soon"

Expo blew up with TBL and the rug reveal and the rest is history.

#22888 7 years ago
Quoted from TOK:

Regardless of how much money someone makes, very few people want to squander it. If it was a well conceived, complete game that was rare for a reason like Big Bang Bar it's a completely different story than Magic Girl -a machine slapped together to try and escape a prison sentence. I think this game will go down as an embarrassing sideline in pinball history. Its worth more right now than it ever will be again simply because people are amazed it came out.

I understand what you are saying. However, he now has a track record of people wanting to buy his limited edition pins, no matter how bad state of affairs is, for $30k plus.

That's what all the jumping up and down and hollering is about and why so many people think its justified due to the "collectibility", "limited" etc.. Thus, some mega wealthy dude might jump in and do it for fun, considering there is a market established for his shit. That's not that hard to figure out.

I'm sure his camp is working hard on exploiting that. Wouldn't you?

If Jpop came out right now and said I'm going to sell 20 of the zombie chick bowling pins and asked for a $10k deposit and a $17k price tag, how many people do you think would sign up?

Gonna buy MG for $30k and not Zombie bowling for $17k to have another "piece of history"? I wouldn't, nor would many but like so many of you guys keep saying, there are plenty of "collectors" that would. The evidence is in.

#22944 7 years ago

Sorry to even ask!!! I followed this for some time but with so many post it's hard to find every thing. Would someone care to give me a rough run down of approx how many people got screwed on mg? Out of the games he did release are there people who put a deposit down and still not offered a pin? Again sorry to ask just want to be in the knowing.

3 months later
#23595 6 years ago
Quoted from Strohz:

Funny, I've never seen one of those before! I just got an orange piece of paper with a sticky label and a t-shirt. What did you do to score one of those?

Wow! I got bupkis for my large deposit.

4 months later
#23722 6 years ago
Quoted from NYP:

Can someone summarize what this last page is all about? Someone bought 2 MG's ? Not understanding some of these comments....

Someone who already owns one MG agreed to buy CoinTaker's prototype version for a stupid amount of money, and paid a deposit. He then got cold feet and/or came to his senses and wanted out of the deal. Initially, CoinTaker was going to keep the deposit. Apparently, they are keeping a smaller amount as compensation for being jerked around.

3 months later
#23933 6 years ago

John designed some very good games for Williams, I own two of them, TOTAN and CV. He is not a good business man and he is not one to put it all together which he thought he could. Wayne Gilliard thought he could remake MM and I was one of the first to get in line with a $2,500 deposit. Six years later I had nothing, but did get my money back in full. I do not think he ever got the game done, but Planetary did after he sold them the rights. John's problem was the small number of games he wanted to produce. I don't see how at even 12K a piece he could recoup the money needed to tool for the game and make things specifically for it with such a small production number of 12 or even 25. Games have to be make in the thousands to make the work involved pay off. I was almost in for an AIW, but could not stomach the deposit after my experience with MM and I'm glad I didn't. I would still purchase a AIW at a lower price, but more units would have to be made and those who are already in, need to be made whole and some of their money refunded if the price is lower because of a larger run. I hope Deeproot has a plan that will fix this mess. Magic Girl will probably never be revisited...how can it be unless it is completed and all new games are sold at the price people have already paid for them in the first wave. I cannot see that happening. I hope John goes back to his Williams roots and abandons his Zidware spin on his designs because they look plain CHEAP with art that is fantastic, but in the end art is not what makes a game good or great.

#23938 6 years ago
Quoted from spfxted:

He was collecting money on what... like 5 machines when he knew he couldn't make them. He's a crook! Period!

And did it for I’d say at least 2 yrs before that fateful expo with the other Lebowski crooks

It was shocking some of those conversations I had with him post expo

I don’t believe he ever had intention of making those pins himself. He knew he couldn’t. His massive ego believed someone would step in and bail him out at some point. And I guess they now have

All the while all he worried about was getting himself paid a salary with enticing more and more deposit funds from unsuspecting people.

6 years later
#24504 14 days ago
Quoted from DS_Nadine:

TBL is in stock at distributors here

That's pretty amazing given the ~14 month wait from deposit to delivery for US customers ordering TBL!

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