Malcolm Gladwell's Outliers: The Story of Success is instructive. Historical and family circumstance, country of origin, birth year, and even birth month can be dispositive. Fascinating account about successful ice hockey players who ascend to the professional level in Canada. . .nearly all born in the early months. The recruiting system rewards the player's size and unwittingly perpetuates that reward. When you're 5 years old, your birth month matters in terms of size because a January born player has a year of maturity over his December born competitors. Gladwell explores the success of Bill Gates and the fortuitous circumstances surrounding his access to computers at a time when such access was unique to his particular lot in life. The author includes a ten thousand hour work element, in addition to those of luck, to the success formula. He attributes the success of The Beatles's American tour to the band's earlier stint in Germany, where they honed their craft over the course of "ten thousand hours." I wonder what Gladwell would say about 10,000 hours of arts & crafts? Certainly a prescription for disaster. The link below is a synopsis:

http://www.bloomberg.com/bw/stories/2008-11-19/gladwells-outliers-timing-is-almost-everything

I respectfully offer the following from a lawyer's perspective (and a former RAZA customer):

The burden of proof in civil actions, which includes bankruptcy, is generally proof by a "preponderance of the evidence." That standard simply means "more likely than not." If evidence was sand, one grain of sand on the scales of justice would suffice to tip the scales in favor of the proponent. Another way to understand the phrase "preponderance of evidence" is to think of two competing sides, with the weight of evidence supporting one side amounting to 51% as compared with the 49% presented by the opposing side.

In cases involving a fraud allegation, a higher standard of proof is often required in civil court. This more onerous burden of proof is known as the "clear and convincing" standard.

Proof beyond a "reasonable doubt" is the most stringent standard, far higher than the other two. It is a standard utilized in criminal courts. Proof beyond a "reasonable doubt" does not apply to the pending litigation against Zidware nor will it apply to any bankruptcy evidentiary matter, if bankruptcy is ultimately implicated. The confusion often derives from the fact that fraud is both a civil cause of action as well as a crime.

Regrettably, the bankruptcy issue is only one of many in the offing in the Zidware hornet's nest. That is precisely why a global resolution, via mediation of all claims of preorder customers, artists, programmers, vendors, license holders, American Pinball, and Zidware/Jpop, is the only sensible way toward closure, in my opinion.

The impossible target that can't be hit, as designed. . .no better metaphor for the entire Zidware project.

The lawsuit group's counsel, Zane Smith, Esq., might be able to fashion a waiver from each of his clients to exclude any adverse preferential transfer-related ruling attendant to any group member.

The line immediately preceding the Jpop portion you quoted on Zidware's website is equally astonishing: "The pinball designs imagined and created are extremely detailed, well thought out in every part on the playfield as well as the hand drawn art package."

What follows, in the section you quoted, are two spelling errors (envisioned and enameled). Details, details. . .imagined but not created. . .

Our favorite pinball artist, Zombie Yeti (Jeremy Packer), has an eBay auction ending in a half hour. . .Magic Girl prototype backglass on plexi.

Thus far, 47 bids. Price has reached $2,425.

ebay.com link: Magic Girl Pinball Backglass Original Prototype

Final auction price was $3,060. Now that's magical.

I am astounded at the duplicitousness of your comment. Perhaps you pecked it out quickly, without having thought through its import. If that's the case, allow me to apologize in advance because I am calling you out, Doug.

As I recall, you vociferously discouraged customers from suing Zidware precisely because you were convinced that doing so was an utterly fruitless effort. Now, you're worried that the dozen customers who did sue Zidware may receive preferential compensation.

Your rationale for equal treatment is that you too might file your own suit in the future because the statute of limitations has not expired! Wow, that's some feat of acrobatics, especially for a lawyer, like you, who knows that litigants will always command more attention from a defendant than a nonlitigant with an identical claim. This is so even if the nonlitigant is within the statute of limitations to sue. The nonlitigant has already demonstrated his/her unwillingness to hire a lawyer, pay the lawyer, file suit and deal with the aggravation and time of litigation.

The efforts of a small group of customers, who actually filed suit years ago, is what led to the production of Magic Girl. The lawsuit was the fuel and fire which caused Jpop to actually get a few games, albeit woefully incomplete, out the door. There's nothing to be gained by second-guessing your decision to opt-out of the lawsuit option. Indeed, if a settlement were to occur in that lawsuit, don't you think that a confidentiality provision would apply? You're likely to never know anything about the resolution of the suit, apart from the fact of resolution itself.

We all want Zidware customers and vendors to be compensated. Your fear of "discrimination" as a customer who emphatically chose to refrain from suing is, in my view, profoundly misplaced. Instead, be glad that the heavy lifting was done by a group of your fellow aggrieved customers and that such effort may ultimately mean that you and others (who did not embark on the lawsuit journey) will benefit from those efforts.

In 2017, there's more reason for all RAZA and AIW customers to be cautiously optimistic than there ever was in previous years, at least from a longterm outlook. I wish that I could include the vendors in that statement.

Prior to 2017, and following the American Pinball debacle with Jpop, the optimism quotient was virtually nonexistent for RAZA and AIW customers. The mere fact that meaningful settlement discussions in the litigation have occurred for the first time in 2017 (and Jpop has remained out of bankruptcy) is reason enough for RAZA and AIW customers to entertain some cautious optimism about a resolution ("cautious" being the operative modifier).

To put the quoted excerpt in context, I am not implying that either of those games will ever be made (which I presume is the predicate for your laughter). Rather, I am referring to a resolution of the lawsuit in which something of satisfactory value is exchanged in return for the dismissal of the suit.

I am among the most skeptical of former Zidware customers, having been the initial plaintiff in the May 2015 lawsuit. My cautious optimism springs from a knowledge of the litigation from its inception, both as an aggrieved litigant and as a litigator. If I were still a party to the suit, 2017 would represent for me the singular light in a proverbial dark tunnel. Time will tell. It always does.

I am at the Verizon kiosk at BJs, when I spot a product on display. Made me do a double-take. For a moment, I thought that I spotted. . .well. . .you know.

20180108_170617 (resized).jpg

Mr68 assumed the mantle in the litigation group and deserves special recognition for his contribution to this victory. Knowing him, though, I suspect that he will reject that recognition. Nevertheless, the implications of this favorable result and the cathartic effect it has on this group (and perhaps on other preorder victims) are noteworthy.

Furthermore, the other five lead litigants, who testified at trial, demonstrated great tenacity during this phase of the case. Finally, kudos to Zane Smith, Esquire, counsel for the plaintiffs.

Congratulations on your long-awaited refund. While Deeproot deserves your gratitude, your overview omits the fact that Deeproot's motivation to pay your refund was not the product of pure altruism.

Rather, your refund was a business decision fueled by an effort to avert more litigation. Absent the lawsuit against Zidware/Jpop, Deeproot's impetus to issue any refund would have been virtually nonexistent.

To that end, the members of the lawsuit, who have dedicated their time and funds, are the silent partners in your refund outcome. They did not seek "vengeance" at any time. Rather, they sought "vindication" for themselves. You and several others just happened to be a beneficiary of their efforts.

I am not suggesting that you send gift baskets to those who carried (and continue to carry) the water in their suit against Zidware/Jpop.

I found your post to be quite accurate, until you described the litigants as seeking vengeance. The suit was always about remuneration, not revenge.

I am glad that some customers received refunds and game vouchers from Deeproot. Nevertheless, there's something askew in celebrating Deeproot's decision to refund your purchase without at least recognizing that the lawsuit plaintiffs each sacrificed for your benefit.

I don't fault you for refraining from joining the suit, especially in light of your bad outcome in another preorder suit. It's important to remember that a dozen preorder customers continue to seek judicial relief and that it was their suit which made Deeproot do what businesses never do voluntarily, i.e. give away money.