(Topic ID: 92436)

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

By iceman44

9 years ago


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Topic index (key posts)

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

Display key post list sorted by: Post date | Keypost summary | User name

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)


Topic indices are generated from key posts and maintained by Pinside Editors. For more information, or to become an editor yourself read this post!

You're currently viewing posts by Pinsider jazman.
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#15031 8 years ago

Full-disclosure - I don't have any skin in this game... just an observer...

Re: Jpop actions criminal? Sorry, I just don't see it. Basically, he would have knowingly had to be attempting to commit fraud. As much as a few on here want this to be true, the legal test for this is pretty steep. Proving this would be nearly impossible. Is he an idiot? Yes. Is that a crime? No. If it was, half this country would be in jail.

Re: Jpop actions and civil liability (ie: lawsuits)? I did some looking recently and this one is quite interesting. Given that John is a horrible businessman (I don't see anyone able to debunk this one), I'm having trouble find any true legal business documentation. In order to protect his personal assets from civil liability, he would have to either be a corporation, LLC, etc. He calls his company Zidware Inc but I see there is already an unrelated Zidware Inc in IL. So, did he REALLY incorporate? If so, where? I couldn't find any reference. Maybe you guys who signed the NDAs and have other legal documentation may have more details there. But, if he doesn't have his ducks in a row from a business management side (this is unrelated to keeping good books), he can be held personally liable for the debt that Zidware incurred.

If he does turn out to be incorporated, then the only civil liability I can see that he might be responsible for would be if someone can prove he was negligent in the operation of the company. This will be much harder to prove and even harder to actually collect on (if proven).

I wish all you guys that have skin in this game the best of luck!
Jaz

#15514 8 years ago
Quoted from Erik:

Mind blown. Could he join with Zane Smith to sue Zidware for unpaid wages?

Worse than that! When the bankruptcy comes down, someone with unpaid wages are well in-front of any unsecured creditors (which the purchasers of MG, etc are)...

I've been an unsecured creditor previously in a bankruptcy and I learned more than I ever wanted to about the process. The good news is that not all the money was burned through and I recovered the money I was owed...

Jaz

#15546 8 years ago
Quoted from benheck:

I stick with my original assessment from a few months back: John gambled that someone would buy him out - and he lost.
This isn't criminal - plenty of companies start with the intention of acquiring capital to fully achieve their goals. But those companies also have products to show - John just had art.
Ironically, all the chances to sell out seems to have come in the last six months (deepRoot, JJP, Pintasia) at which point the projects were so far behind nobody wanted to take a chance.
Maybe he should have thrown his hands up in despair back in 2013, at which point the progress of the games wouldn't have been so laughable.

I certainly lean your way in the "not criminal" position. I do think he was intentionally dishonest and is definitely weak on the morality front, but not to the level of criminality. Based some on what others have shared with me, I think there is a serious possibility that he will be financially liable. To me, that will be very fitting... karma can be a real bitch...

Jaz

10
#15663 8 years ago
Quoted from wcbrandes:

The rent was current, I'm out a lot of money, and the game was no where close to 90 or 95% complete as I was told. There is no deal. When you try to help and are lied to, I am gone. As far as doing something in Pinball in the future, sure love this hobby. Right now I am licking my wounds and trying to figure out the best way to proceed from here. I wish everyone luck no matter which way they go on this legal suit because 4 years and what we finally got to see is absolute bull poop

To me, as an outside observer, this is the most telling post in this entire, crazy, long, impossible to keep up with thread.

Jpop told WC that the game was almost done when, in truth, it was 50% at best. So, even at this very late hour, he continues to lie about where things are. This shows that this isn't just a "bad businessman" situation. It shows the guys true nature. I am also aware of other things that were going on behind the scenes that demonstrated John's questionable ethics. But, this shows, to me at least, that John has no ethics and deserves no respect.

Jaz

2 weeks later
#16178 8 years ago

So I listened to the latest Spooky yesterday which (as Joe indicated) had an interview with ZombieYeti. The part that jumped out at me, and quite frankly I *STILL* can't believe it despite being able to believe anything after this fiasco, is that as recently as the last couple weeks, John actually sent an RFQ to ZY to have him quote doing some more work!!!

W... T... F... is this guy smoking?

Seriously John - do you have a mental disease?!? Do you live in reality or just your own fantasy world?

#16179 8 years ago
Quoted from LapsedGamer:

I work at a Fortune 500 doing some engineering, we still get plaques and a cool 1500 for a patent so your mileage may vary on this. If its just a good idea you get a 100 for just submitting that, 750 if its a really good idea but not worth patenting. Some of these dudes around here submit an idea a week it seems like, easy money. All that being said, patents in engineering seem to be just a huge game for the most part that basically prevents companies from using the nuclear option on each other and are rarely used offensively and more defensively if at all.

You know what I get for all that? A paycheck...

1 month later
#17044 8 years ago
Quoted from frolic:

Does anyone know Rob Berk? Someone should make sure he knows not to book a jpop seminar this year at expo. Something tells me John would still show up and do a slide show of artwork and do a "making of Alice in Wonderland" talk. Then blog about a great expo.

There is no freaking way that JP shows up at Expo this year...

not...

a...

chance...

Jaz

1 month later
#17888 8 years ago
Quoted from jlm33:

May be he should work for the European Union then, where farmers are subsidized when not producing goods.

Uh, you know we do that in this country too right?

1 year later
#20248 7 years ago
Quoted from benheck:

This reminds me I need to make a shadowbox display for my Atari Landfill Cartridges...

OOhhhh.... that's pretty cool. What else came out of the landfill besides ET?

Jaz

1 week later
#20333 7 years ago
Quoted from toyotaboy:

If you haven't already, everyone should listen to the latest "this flippin podcast", where Tommy interviews Applejuice (aka Jim Askey), the programmer from the UK about the magic girl project
http://www.podcastgarden.com/episode/episode-34b-jim-askey-speaks_91485
"John was against auto launch and ball save... he thought ball saves were for people who couldn't play very well"

Definitely a GREAT listen from someone who was on the inside at Zidware... especially interesting to me when he makes references to "guys" doing this or that and knowing those "guys" personally...

#20350 7 years ago
Quoted from goatdan:

Novices don't really play multi player games. A booth at a local con is also different.
Ive operated games. The number of games that are left with ball three in the shooter lane thanks to a ball save shows that it is a confusing thing. Game making the last twenty or so years has been a huge clash over trying to attract new players with more simple game play, or getting long time players to come back again and again. Both have strategies to them but ball saver is actually a long time player strategy, not a new guy one.

But any modern game that has a ball save is also extremely likely to have an autoplunger as well (for multiball at least), so there will never be any confusion as the ball is launched...

*EDIT* Sorry Rosh- just saw you made the same point...

3 months later
#21062 7 years ago
Quoted from Razorbak86:

Richthoven's not blaming or hating the rich people who can afford the game. He's making an argument based on FAIRNESS.
He's complaining that a small subset of the Zidware Inc creditor pool (~19 "lucky" people) are about to receive "preferential transfers" of Magic Girl pinball machines (i.e., providing 100% recovery on their outstanding claims), when the REST of the Zidware creditor pool (e.g., artists, software coders, parts vendors, RAZA/AIW customers) are getting stiffed (i.e., 0% recovery on their claims).
Many Pinsiders on this thread view that as UNFAIR treatment.
For what it's worth, the U.S. Congress believes it's unfair, too. That's why they wrote provisions into the U.S. Bankruptcy Code to allow a bankruptcy trustee to recover preferential transfers for the benefit of the debtor's estate, auction off the assets to the highest bidders, and then distribute the net proceeds to ALL creditors based on the priority and amount of their claims.
What might such a scenario look like? For the sake of simplicity, let's assume that all creditors are classed as general unsecured creditors (non-priority claims). If the net proceeds generated from the bankruptcy process end up being less than the total amount of claims outstanding, then the net proceeds would be distributed on a pro-rata basis (i.e., based on an equal percentage of each outstanding claim). Under that scenario, you and the other Magic Girl customers would receive the same percentage recovery as zombieyeti (the unpaid artist), applejuice (the unpaid software coder), GLModular (the unpaid board designer), other unpaid parts vendors, and the RAZA/AIW customers who also paid money to Zidware for pinball machines. The highest bidders at the auction, likely collectors willing to pay up for collectible games, would take home the Magic Girl machines. Creditors receiving a pro-rata distribution may choose to bid in the auction, or they may choose to take their distribution and end their involvement with Zidware altogether.

Since Jpop is not currently in bankruptcy (at least I missed it if that happened), I don't believe the preferential transfer clause comes into play. Even if that happens in the future after games are delivered, I don't think it comes into play. He's delivering product to paying customers. This is very different than what happened in the Kulek/Predator fiasco. So I don't think there would be any recourse for other creditors unless bankruptcy is forced before those get shipped...

NOTE: not judging the fair part since I agree it's not right/fair... just commenting on the preferential transfer statement...

Jaz

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