Dust Tactics Operation Babylon saga continues

By tgn_admin
In Crowdfunding
Feb 28th, 2015

Regular readers may be aware of the continuing saga around the Dust Tactics Operation Babylon Kickstarter – (you can catch up here).  What little glimmer of hope there was of resolving the matter amicably appears to have evaporated with this recent post by Dust Studio claiming legal action has commenced.

A message from Mr. William Yau, Dust Studio CEO.

As you are all aware of one of the backers, a professional mediator approached us recently to help us find a solution on the ongoing issue with Battlefront and the Babylon Kickstarter. We would like to take this opportunity to thank this person for his kind offer, but we must pass on it.

Mediation has been given a try already, Dust Studio offered a significant discount on the « freebies » and BF chose not to take this opportunity : they answered that they already paid US$401,000 (mixing up the payment for Babylon « wave 1 » and the overdue payment to the Factoring Bank) and would not pay DS any additional amount, which meant the end of any possible agreement.

The dispute is in the hands of our attorneys since last November and two official documents were sent to Battlefront on November 14th and January 15th respectively – Dust Studio has attempted several times to resolve the issue before taking legal action.

As you know, the disagreement is mainly on the freebies‘ handling: the contract stated very clearly that Dust Studio agreed to offer three Character Figurines for free and nothing more.
We cannot accept that BF is holding the whole wave 2 production order and payment in order to force DS to absorb the cost for all the freebies, instead of the three that were agreed upon.

Since then, BF is making false statements and refuses to agree on a solution for wave 2. BF used KS money to pay old debts and only paid Dust Studio US$140, 000 for Babylon wave 1.

Given that the answers from BF were first to refuse to pay for the freebies, then to refuse to pay for the whole wave 2, Dust Studio has decided with its attorneys that legal action was the only way to eventually resolve the dispute and will follow this path of action from now on.

Source – Facebook

  • Michael Zabkar

    I would highly recommend any US backer do the following:

    1. Demand a refund from Battlefront.
    2. File a complaint with the Maryland State AG Office
    3. File a complaint with the Federal Trade Commission:
    4. File a complaint with your State Attorney General or Consumer Protection Office.
    File a complaint with Paypal if you used them. It’s too late and they
    won’t refund money, but they will get logged into their records.
    6. File a complaint with your credit card issuer. As above, it may be too late but it will go on the record.
    7. File a complaint with Kickstarter. Go to the project page and at the bottom is a button “Report this project to Kickstarter”.
    Maryland Attorney General – File a Consumer Complaint
    File a consumer complaint with the Consumer…

    • Cergorach

      Might be me, but the KS lists as Dust Studios, Hong Kong, NOT Battlefront. What BF has done is bad, but it is Dust Studios that gave (control of) the money to BF in the first place (to save a little money apparently). Although it appears that BF has control over that KS account…

      • Michael Zabkar

        The creator of the Kickstarter is the main guy if Battlefront U.S. under the name ‘Dust Studio’, not ‘ Dust Studios’.

  • Sisyphus

    To be honest, I guess they figured since they were the distributor of DUST nowadays they could do whatever they wanted and Paolo had to follow or eat Cup Noodle until he came up with another revenue stream.

    This IMHO puts a huge chink in the future of DUST in any case.

    • Cergorach

      To be honest, that ship already sailed when Dust => FFG Dust => BF Dust, three different publishers in less then 5 years.

      At least it is good to know that other companies now know to avoid BF as the plague.

      • Sisyphus

        Yeah… yet another game languishing. Frankly the market is supersaturated. I guess there will be more soon enough with even GW creaking and showing foundation cracks.

      • Jason McFarland

        Two distributors in 5 years. Dust never distributed on their own, and AEG never ended up starting as a distributor before FFG took over. And Paolo has said that they will distribute on their own whenever this ends up resolving.

        • Cergorach

          I have here the very first Dust Tactics box and it doesn’t sport a FFG logo.

          • Jason McFarland

            Correct, it’s AEG. Paolo had planned on using them first, but AEG didn’t have good enough distribution capacity for it, and everything was transferred to FFG before the first box was out the door. FFG then started stickering over the AEG logo on the second shipment