Jacques d'Orleans
Banned
I do not think CR started out to scam anyone either. But I do believe, based on the development history to date, that CR is fully aware he can not deliver all that has been promised and the level of fidelity and quality that has been promised. Not coming square clean about it to the backers (which are the primary source of his funding, based primarily on trust) and continue pre-selling unreleased stuff in the hundreds and thousands of dollars price is just not only ridiculously unethical to a level that far surpasses the "evil publishers" behaviour but, if enough prove of that awareness existed, a reasonable case for fraud could probably be established.
If he's is aware that he can't deliver the promised games and still continues to promise that he will deliver, it could qualify as intent to defraud.
Legal definition of fraud:
- (1) a false statement of a material fact,
- (2) knowledge on the part of the defendant that the statement is untrue,
- (3) intent on the part of the defendant to deceive the alleged victim,
- (4) justifiable reliance by the alleged victim on the statement, and
- (5) injury to the alleged victim as a result.
Regarding (5): The false statement must cause the victim some injury that leaves her/him in a worse position than she/he was in before the fraud. Monetary loss does count here.