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This was followed by a statement from Daruma on their facepage
Time to come clean – we have a big issue with fulfilling the Kickstarter, and also with being able to move forward in any meaningful way. The Kickstarter update which went out this evening was not from Daruma. Please let me be very clear and specific on this – that was not a Daruma update, it was made illegally by Mark Rapson of Wordforge – he was already informed not to use the Kickstarter logins that he’d been given and claimed to not have them, clearly a lie (he has also, against Kickstarter regulations, changed the passwords). The Nightfall team are desparate to save the Kickstarter, which we fully understand but unfortunately Dave and Jared have resigned from Daruma and given the Kickstarter logins to Word Forge Games, that they have taken this step is understandable but also, unfortunately.. illegal in several ways – ways that they were fully informed of prior to taking this action.
As all other 3 Directors resigned from Daruma before i became fully aware of just how difficult the situation was – i am, currently, last man standing as they clearly knew more than I did and jumped ship first. As there are a great many other debts owed by Daruma i have a legal obligation to follow a certain path.. a path which i will be following with some no small degree of sadness and reluctance and could not, until this point even discuss. Unfortunately.. this means that the stock which Nightfall has had transferred to Wordforge doesn’t belong to them.. it still belongs to Daruma, even though i acknowledge Word Forge as a debt. And as such, any attempt to distribute or dispose of it will be illegal – as Daruma is about to commence down a path toward Liquidation.. we cannot and have not in any way shape or form agreed to a transfer of these goods, as Daruma doesn’t actually own them at this point. Please let me reiterate that, for very relevant legal reasons – the other Creditors are all fully entitled to a share of any and all remaining assets that Daruma possess, every single one of those Creditors has the very same legal claim to those goods that Mark Rapson and Wordforge has and this action is in no way a Daruma action nor has been sanctioned by Daruma.
It is also the case that although Mark is now a Director with Nightfall and has the SLA IP, the CS1 IP is derivitive and belonged to Daruma as well, and we have not agreed to transfer that IP under any circumstances, and indeed i’m not sure we could do so given the current circumstance.
It may well be that there was a way to perhaps move forward with this regardless, and i was attempting to explore this avenue recently, with little success I might add as Mark Rapsons offer was simply not one i could accept, legally. As it stands, Mark has attacked me directly, personally, acted illegally and has seized, with Nightfalls support, a load of goods that i keep explaining to them.. they cannot take and cannot legally dispose of. If any of you have experience of the liquidation process then you understand the difficult situation in which i find myself – and why i’m taking this extraordinary step in revealing that i have been in discussion with the liquidators before the are “officially” called in. I know how bad this news is, and this is an update that i really wish i never had to make.. but unfortunately Nightfalls new association with Word Forge Games and the illegal actions they are taking have forced my hand – if any other Creditors are reading this, this is not a Daruma sanctioned action and has been taken as the results of some illegal and very dodgy backroom dealing. I’m so sorry.. but i think that these actions have brought an end to any possibility of moving forward and i will be informing the liquidators of this first thing on Monday Morning.