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"crowd funding typically makes use of online communities to solicit pledges of small amounts of money from individuals who are typically not professional financiers."
Steam users would be the community, the small amounts of money would be the fee for the early access.
That's easy to explain, kick starter itself claims to be for the realization of projects, not the realization of products. So in other words as long as your not making money off your project the kick starter campaign does not fall under the sec title III rulings, this is how they get around that.. and since i highly doubt they monitor the campaigns some still exist, however you'll notice that most are moving to sites that operate under the proper rules. Basically the only ones posting the products on kick starter are those that do not know the rule exists as it is fairly new. But what i won was the debate and the person i was debating pulled down his campaign to set up properly before moving to the proper site. This is actually a good thing, as going through the process of creating an actual business and setting up so you can actually sell securities at least lends to some legitimacy of the campaign.
Thats no fraud,scam or whatever, There is a blue box that tell you what you are buying if someone ignore,cant read or dont understand it, its not the fault of the game, early acces.
Ok this will be the last response i give for now because im going to sleep. Your not buying the game in it's current state, if you were dividends from the sale would be going to the games investors. When in fact the money is going towards the development of the game, which means you have become an investor. This type of thing is exactly why the sec created the rules in title III.
This I'm skeptical about. Same could be said about profits of a game being used for future free content/expansions but you're not an investor then either. Freemium games with cash stores, MMO's etc fund further development from current earnings as well.
"Crowd funding" is basically you sending money to some guy who promises that he want's to do something. Usually, you'll get the promise that you'll receive the product that's being developed, so it's more like pre-ordering a product that hasn't even started development yet. And, of course, you can't cancel this kind of "pre-order". I don't see a reason to buy stuff like that, so that's it.
With "Early Access" you're buying the product early (so again, similar to pre-ordering, except that you can't cancel it), but you're also getting access to the current development version of the game. This pretty much only makes sense for software -- "early access" on hardware would require them to mass-produce prototypes and give them away for free which would be just stupid,
The main "problem" with Kickstarter and Early Access is that people seem to think it's something that it isn't. For Kickstarter, when Occulus sold itself to Facebook, several people complained that they should have been asked since they are the "investors" and ought to have a voice in a decision like that. But -- they aren't investors. Or, if they are, they are very bad ones since they signed a contract that doesn't give them any control at all.
Likewise, "Early Access" is not a finished product, possibly not even close to it. If you don't want to cope with that, don't buy it (I certainly don't).
That's the thing with "protecting customers": I would very much prefer to be protected from things that I can't really control, like Steam's business practices. I don't need to be protected from Early Access or Kickstarter since I can just not send them any money and that's it.
Key point is the game is finished product it's post launch.
That's not true with either Freemium games nor MMO's in most cases and with EA you're specifically told you're buying what's there the moment you buy it, not a future product, so in that sense, you get the product you're paying for right then and there.
Currently, the SEC still has 2 of the 5 seats vacant and with the rate the Trump administration has been undoing Obama era regulations, I would not be surprised to see this decision revisited when those seats are filled.
You are buying the game in its current state. It clearly says that. Any updates you get afterwards are free bonuses, the makers are under NO obligation to develop the game further, they could use your money to go down the shops, to develop, or to move on to something else. You also don't have any idea IF money goes to the actual investors of the game or not. Many early access games won't have external investors and it'll be the small 4 or 5 people who get the money and maybe they ARE fulfilling their investment and getting the money back, so they can afford to keep working on it.
You could say that pre-orders are also under this umbrella. Although pre-orders are NOT buying in a current state and are in fact paying for development for when the product is finished and ready for selling.
https://www.sec.gov/oiea/investor-alerts-bulletins/ib_crowdfunding-.html
I find nothing stated about companies being required to provide a stake in the company when crowdfunding. Only that they can offer such a stake through crowd funding.
It is called Equity Crowdfunding[en.wikipedia.org]
Kickstarted and Equity Crowdfunding are two diffrent things, as explained here:
https://www.seedinvest.com/blog/crowdfunding/this-is-not-kickstarter
Can you state your source(s) please?
As far as I can see, Kickstarter is completely legal.
As has been said, Early Access is not an investment. You are buying a product in it's current state and being told it may change or not even be finished in advance.
Let use a small thing called "using references" and "reading"
https://www.sec.gov/oiea/investor-alerts-bulletins/ib_crowdfunding-.html
Previous rules around raising equity were based around a small number of investors. The March 2015 rules provide a framework for crowdfunded equity funding
THIS DOES NOT MEAN ALL KICKSTARTERS MUST BE SEC APPROVED
It means if you decide to do so there are now clear rules from the SEC to facilitate this
https://www.fig.co/invest
Unless you EXPLICITY state that you are fundraising for equity you don't get equity. Note on Fig you have two tiers
1) normal crowd funded with no equity
2) equity based crowd funding
You did not "win the kickstarter argument". You failed out of the gate
Every other argument you make is moot. No one has to sell you equity in the company if they don't want to. The SEC does not require it. It doesn't matter if you call it Kickstarter, Early Access etc. you are not entitled to equity
You are 1000% wrong