Quote from: McrowYes, if something personal and compnay property are stolen from company property it is considered one theft for purposes of leagal action. Not one claim for company property and one for personal.

Im curious to know if that is legally correct for claims/insurance.

But either way, he is providing the figure for loss not an independent valuer.

If he is classing his own personal assets as part of the company assets then they are clearly shown on Palladiumn Book's asset register! Its why people form corporations to separate their assets and liabilities.

Quote from: LawbagIm curious to know if that is legally correct for claims/insurance.

I believe it is.

QuoteIf he is classing his own personal assets as part of the company assets then they are clearly shown on Palladiumn Book's asset register!

Well, you are talking two seperate things here. First there was no insurance (it is very expensive for this type of case). I suspect if it were a insurance claim he would not be able to claim the personal items. The policy would only cover company assets.

However for a theft case in our legal system the case would be brought against the thief as one case and would include all items stolen.

Quote from: McrowYes, if something personal and compnay property are stolen from company property it is considered one theft for purposes of leagal action. Not one claim for company property and one for personal.

Criminal or civil?  My impression was that the action was a criminal one and that no civil action was brought, but that may be incorrect.

I would query the wisdom of bringing a civil suit against a plainly indigent defendant though anyway, which I imagine is why they didn't, particularly since the plea included an element of restitution.

Quote from: BalbinusCriminal or civil?  My impression was that the action was a criminal one and that no civil action was brought, but that may be incorrect.

I would query the wisdom of bringing a civil suit against a plainly indigent defendant though anyway, which I imagine is why they didn't, particularly since the plea included an element of restitution.

I believe it was just a criminal case. The defendant probly didn't have the money to pay back all of what he stole, that is why they took the restitution and skipped the civil suit.

Quote from: McrowI believe it was just a criminal case. The defendant probly didn't have the money to pay back all of what he stole, that is why they took the restitution and skipped the civil suit.

That would make sense, it would be lunatic to commence civil proceedings as there would be every likelihood that even if you won you would end up footing your own legal bill due to the defendant's lack of funds.

For me, the issue isn't about the losses versus the settlement.  I accept the fact that there were losses.

For me I simply see a company that has made what looks on the surface to be a long series of boneheaded moves: no PDFs, overzealous fansite moderation, retarded reasons given for not doing Rifts d20 while the system desparately needs an overhaul, refusing to give the system an overhaul, selling an 'Ultimate Edition' while not overhauling the rules from the previous edition, refusing to even discuss the most serious flaws in the rules, publicly blaming production delays on freelancers and subordinates (when the man is notorious for re-writing vast chunks of freelancer work), shutting down serious debate at his website while letting his ex-wife carry water for him at other forums, the list seems to go on and on.  This most recent episode is just another brick in the wall as far as I'm concerned.  

Every time Mr. Siembieda pulls something like this I try to just say to myself "Obviously the man is going to know more about running his business than I do" but I am starting to doubt that position.  Instead, I am seeing a guy who has been spinning his wheels for 20 years.  His system is lightyears behind the competition mechanically, as I understand it his production process has only recently come out of the stone age, every new innovation in the hobby, whether it be internet fansites or the OGL or PDF sales, is greeted with open contempt.  In short, I'm starting to think that Kevin Siembieda is a gaming reactionary.

But when he has a Crisis of Treachery!!!!1!! suddenly his company can figure out how to use PayPal to set up a donation button.  Correct me if I'm wrong, but I don't think the Palladium online store will let me use PayPal.  Instead, I have to use their crappy in-house system.  Had Mr. Siembieda not been such a luddite, the impact of this treachery!!!! probably would have been cushioned a bit more, as the PDF sales could have been handled by a non-treachorous 3rd party like RPGnow or DriveThru.

Quote from: jrientsFor me, the issue isn't about the losses versus the settlement.  I accept the fact that there were losses.

For me I simply see a company that has made what looks on the surface to be a long series of boneheaded moves: no PDFs, overzealous fansite moderation, retarded reasons given for not doing Rifts d20 while the system desparately needs an overhaul, refusing to give the system an overhaul, selling an 'Ultimate Edition' while not overhauling the rules from the previous edition, refusing to even discuss the most serious flaws in the rules, publicly blaming production delays on freelancers and subordinates (when the man is notorious for re-writing vast chunks of freelancer work), shutting down serious debate at his website while letting his ex-wife carry water for him at other forums, the list seems to go on and on.  This most recent episode is just another brick in the wall as far as I'm concerned.  

Well, yeah, I can inderstand this arguement. PDFs, would make them more money and d20 Rifts would have been huge if done in the begining. The palladium boards are overly moderated.

QuoteEvery time Mr. Siembieda pulls something like this I try to just say to myself "Obviously the man is going to know more about running his business than I do" but I am starting to doubt that position.  Instead, I am seeing a guy who has been spinning his wheels for 20 years.  His system is lightyears behind the competition mechanically, as I understand it his production process has only recently come out of the stone age, every new innovation in the hobby, whether it be internet fansites or the OGL or PDF sales, is greeted with open contempt.  In short, I'm starting to think that Kevin Siembieda is a gaming reactionary.

yeah, Kevin doesen't like change much. He has admitted as much. I think I might be over protective of my IP and if things are working don't change them.

QuoteBut when he has a Crisis of Treachery!!!!1!! suddenly his company can figure out how to use PayPal to set up a donation button.  Correct me if I'm wrong, but I don't think the Palladium online store will let me use PayPal.  Instead, I have to use their crappy in-house system.  Had Mr. Siembieda not been such a luddite, the impact of this treachery!!!! probably would have been cushioned a bit more, as the PDF sales could have been handled by a non-treachorous 3rd party like RPGnow or DriveThru.

I would buy a lot more direct if they would setup a paypal account for the store.

Quote from: McrowI would buy a lot more direct if they would setup a paypal account for the store.

That's actually a really good suggestion.

Can you take a cash settlement if you start criminal procedings?

Because if Our Kev was taking some guy to court on a civil action for embezzling him despite not having any real evidence then the guy could say "look, drop the case and I'll give you 50k".  that happens all the time.

But if they got the police in and someone started criminal proceedings, I doubt you can say "I'll give 50k in grand if you drop the charges".  I mean, if that was the case you'd have rich people offing homeless people left right and centre for sport knowing that they could wave a cheque under someone's nose and never get sent to jail.

Quote from: Mr. AnalyticalCan you take a cash settlement if you start criminal procedings?

Because if Our Kev was taking some guy to court on a civil action for embezzling him despite not having any real evidence then the guy could say "look, drop the case and I'll give you 50k".  that happens all the time.

But if they got the police in and someone started criminal proceedings, I doubt you can say "I'll give 50k in grand if you drop the charges".  I mean, if that was the case you'd have rich people offing homeless people left right and centre for sport knowing that they could wave a cheque under someone's nose and never get sent to jail.

I think what happened was that I was court ordered restitution and part of the sentencing. IIRC, he didn't get any jail time. From what I gathered Kevin could have gone with civil suite to get more, but the guy just didn't have the money.

Quote from: BalbinusThat would make sense, it would be lunatic to commence civil proceedings as there would be every likelihood that even if you won you would end up footing your own legal bill due to the defendant's lack of funds.

Not nessasarily.  Once buddy is convincted of stealing that judgement is going to outline what was stolen. That makes getting a civil judgement for the whole fairly easy.  It's good to have that on the books even if you can't immediately collect it all just incase buddy comes into some money down the line like an inheretance or something.

For what it's worth, my statement above is meant in no way to judge Mr. Siembieda's worth as a human being or to demean those who enjoy his games.  I own several Palladium products and I would totally play Rifts despite my hesitations about the state of the rules.

Quote from: Zachary The FirstThat's actually a really good suggestion.

So is putting up for sale PDFs of out-of-prints.

Quote from: jrientsFor what it's worth, my statement above is meant in no way to judge Mr. Siembieda's worth as a human being or to demean those who enjoy his games.  I own several Palladium products and I would totally play Rifts despite my hesitations about the state of the rules.

Next convention we both attend, buddy, we'll get you all set up.  Welcome to Juicertown, population YOU!!!!

Quote from: jrientsGreen Ronin took donations?  I did not know that.

Personally, what amazes me is that people ON RPG.NET bitch out Palladium about this, when RPG.net has done how many big "donation drives" As if they were a tiny group of volunteers trying to save Maw's Farm, and not a COMPANY that makes PROFIT off its website?

At least Palladium doesn't pretend to be a non-profit group and not a company (some might argue Palladium only pretends to be a company, but that's another story).

But really? How is RPG.net's slimy "donation drives" any better than Palladium's now institutionalized cry for help? How is it not in fact WORSE, because everyone who donates to Palladium KNOWS that Palladium is a business, but I suspect many of those who have donated or will donate to RPG.net have NO IDEA that people are making profit (or trying to make profit) off of RPG.net.

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