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Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 9:44 am
by Dungus
Eivind August wrote:
Dungus wrote:It's like sloshing a big bag of jellied eels or some shit down a flight of stairs and calling it your life. I don't know.
:lol: This might be the best summary of the situation I've seen.
:thumb: The whole thing is just some sad ass performance art/art terrorism. A drunk, sobbing idiot with mascara streaming down her face, squatted in the street, desperately trying to shit herself in public to prove how fucking kooky she is.

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 9:55 am
by BLOOD EAGLE
from an ebay question:

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:10 am
by aens_wife
jwar wrote:So technically she could probably get away with it. Which is fucked up. The non compete I'm sure doesn't cover every aspect and she knows that Dwarfcraft doesn't want to go to court because why would they? What a headache.

What needs to happen is someone else take the brand from Dwarfcraft and rename all the pedal things that would offend Devi and sell them as such. OR for they could change the brand name or do a press release in regards to the attempted theft of the brand. I would do a press release and push it to all media outlets possible. It may cost a bit, but man it will be worth it. She is infamous for her insanity and everyone in the industry will understand.

Also, I would stop paying her royalties immediately. She is in legal breach of her contract which I would think would mean the contract is technically null and she is NOT entitled royalties at that point. I'd get with a lawyer on that, but contracts are not joke and shouldn't be taken as such. \

I kind of wish this was happening to me instead of Ben and Louise. I'd sue the fucking shit out of her without batting an eye.
A few comments on the legal stuff. Suing isn't free. It is really fucking expensive and she would drag it out. Furthermore, we would never ever see a dime if the courts found in our favor. It just isn't worth it. We are looking out for ourselves on that front. I am not that into revenge. The great wide universe will sort that out for us.

The contract has a severability clause, so even if one piece isn't upheld, the rest of the contract still stands. As long as we are selling pedals under her name, we will send her the correct royalties. We made an agreement and I am going to stand by it.

Now, her starting a company making fuzz using a name that she sold to us...that is maybe something we can act on easily.

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:14 am
by Jwar
That just sucks though. There has to be a way to put a stop to this nonsense. I mean, it's apparently she just does not give a shit. Which is sad. It could have happened to anyone. I remember when she was selling the brand and a lot of us thought a larger company like EHX would pick it up. I wonder if she'd be pulling this shit had they.

Lawsuits are never a way to solve issue I guess. Especially if they are a money pit. Could you use a cease and desist though? I'm asking because I don't know. I just feel bad for you guys.

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:20 am
by Sparkfriction
really, give the brand name away to a strong company who is the wrong company to f*** with.

1. its out of your mind
2. another has to worry about and to deal with
3. other may be in the position to stop that by sue with enough money

1.1. endorse Romeo Rose from texas with Devi Ever Fx pedals xD

shit... this is all not funny - i am sorry -_-

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:24 am
by aens_wife
The brand never ever would have been sold to a bigger company. It wasn't worth anything. All of her designs were out there on the internet. She had a terrible reputation and a huge failed kickstarter. The profit margin on this shit is laughably low compared to most other boutique stuff (unless you use stickers and build them all yourself with no payroll overhead). We had our reasons for taking the risk, but we knew what it was when we bought it.

We will be just fine in the long run. Devi, on the other hand, will continue to reap what she sows. I am not worried.

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:27 am
by JonnyAngle
I like the DE kits from Dwarfcraft. I think that should be a thing forever.

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:31 am
by Inconuucl
My biggest question is on what will happen to the new silver rose, is it in danger before I could get one for myself? :cry:

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:40 am
by aen
Inconuucl wrote:My biggest question is on what will happen to the new silver rose, is it in danger before I could get one for myself? :cry:
Fear not. It will say dwarfcraft on it and you can buy it starting.... holy shit, I think maybe even August?!?!?

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 10:52 am
by resincum
aen wrote:
Inconuucl wrote:My biggest question is on what will happen to the new silver rose, is it in danger before I could get one for myself? :cry:
Fear not. It will say dwarfcraft on it and you can buy it starting.... holy shit, I think maybe even August?!?!?
:rock:

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 11:11 am
by foomanfat
aen wrote:
Inconuucl wrote:My biggest question is on what will happen to the new silver rose, is it in danger before I could get one for myself? :cry:
Fear not. It will say dwarfcraft on it and you can buy it starting.... holy shit, I think maybe even August?!?!?
Any chance we'll be able to get y'all's DE run rehoused with the sweet, sweet Dwarfcraft name?

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 11:15 am
by Ev_O)))
You guys are handling this shit like champs :!!!:

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 12:03 pm
by gordian knot
jwar wrote: Lawsuits are never a way to solve issue I guess. Especially if they are a money pit. Could you use a cease and desist though? I'm asking because I don't know. I just feel bad for you guys.
A C&D "letter" is simply a "demand" - it doesn't bear legal power, that has to come from the govt (such as a court order or writ...so you are right back to dealing with a court type situation).

It's basically just putting someone on notice, claiming "hey man, maybe you didn't realize it, but you are infringing on our shit. I'm asking you to stop before things get ugly", but it is just a claim. Now people can rebut "I'm not infringing because of this or that reason so your claim is invalid"
(these are often drafted by representation...as in an "attorney's opinion letter")


That dance does a few things strategically with how things can play out in court or arbitration or other negotiation, but since Devi is playing it bat-shit crazy those strategic points really only matter if DC eventually finds themselves in a position to take legal action.

and Devi has made it clear she doesn't give a shit

EXAMPLE : I don't know if any of you remember the youtube video where Devi was complaining that the Lillian Gish estate sent her a C&D to which she just said "fuck off" (literally, OK, maybe it was "fuck you". One of the "fucks" anyway)
"fuck off" probably won't be an effective rebuttal of the IP claim in court should she continue to make Lillian Gish games and the estate decides to enforce.

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 12:48 pm
by The_Active_Conundrum
Devi just keeps beeing Devi, huh?

The gift that keeps on giving.

Re: Effector 13 Is Back

Posted: Thu Jul 02, 2015 1:07 pm
by Confuzzled
I love how she trolls this site and makes her standard "I'm the victim" statements on FB with no ownership as to why she got there in the first place.

Personally, I'd give the wretch back her name, blow out the remaining stock and be done with her. It's not like she's going to be able to produce shit at this point beyond vile posts on social media begging for food money. She's devalued her brand/name to the point where even if she did start making pedals under her own name I don't think anyone has enough faith in her (besides the few deluded followers that hang on her every word) that they will actually receive their product.