Oh how I wish this was not so

[Battle Damage]

As per some of the locked threads that explored the anger in some members of the community over PB's decision to send product to distributors before their backers, I conducted an experiment to determine if I (a RRT kickstarter backer in Australia) would be able to get RRT products before my pledge was fulfilled. Well, the inevitable happened.

Order confirmation on 24 Nov 14:
http://i910.photobucket.com/albums/ac30 ... er-RRT.png

Shipping confirmation on 27 Nov 14:

http://i910.photobucket.com/albums/ac30 ... ipping.png

And look what arrived at my house today (09 Dec 14):
http://i910.photobucket.com/albums/ac30 ... ge/Box.jpg
http://i910.photobucket.com/albums/ac30 ... glabel.jpg

I'd like an explanation about how this jibes with this extract from KS update #113:

What we do know is that Kickstarter backers will be shipped goods BEFORE we ship to distributors. What’s more, you’ll receive everything all at once, while the initial retail release will only include the main game and the first six expansion packs, with the rest coming out in waves throughout 2014. But you, wise Kickstarter backer, will already have all the things.

Or update #116, signed by Kevin:

Note: Kickstarter orders will ship before Palladium sends any product to distributors for retail distribution. We appreciate your support, and you will get the product before it goes to retail. And remember, MANY of the Kickstarter items will be in your hands months before the retail expansion packs are released in waves to retail. Enjoy.

Or update #125, signed by Kevin:

In the end, you, our Kickstarter supporters, will be the first to receive a wonderful product that we hope will make you grin and provide endless hours of enjoyment. Thank you for sharing our dream. You, your pledges of support and unbridled enthusiasm are very much appreciated.

Or this from update #140:

And just to quickly address some concerns over a story some of you have seen on an industry news site, please keep in mind that the info they quote came from a press release we sent to our distributors. The dates they mention are what we told our distributors, because that’s when we expect to ship retail product to them. That’s not when you guys get yours, because we ship yours first.

Or this from update #149:

Palladium is NOT shipping to distributors or to retail stores until after all the Wave One Kickstarter backer rewards have left our warehouse.

And I'd like an explanation of how the box I have in my hands and any of that bollocks quoted above jibes with this from the weekly update of 21 Nov 14 quoted below, that PB did not even have the decency to post to the kickstarter webpage:

Good News, Part Three: Canadian Robotech® RPG Tactics™ Kickstarter rewards have been shipping all week. ALL but two dozen have left the warehouse and are already on their way to you! The rest should ship on Monday. Keep your eyes peeled, thank you for your support and game on.

Good News, Part Four: Those of you who pre-ordered Robotech® RPG Tactics™ at Gen Con Indy and live in North America, your orders shipped today. Those of you who had placed “pre-orders” in the Palladium online store are shipping on Monday.

Overseas Kickstarter Backers: Only those of you overseas and outside the US and Canada remain. We will start packing up and prepping your rewards next week and for the next few weeks. You are important to us and we will keep you updated on our progress. Please Note: Overseas distributors and retailers have NOT been shipped product. So our Kickstarter backers in other countries should still get their rewards (and pre-orders) BEFORE they appear in stores outside North America. See a more complete explanation in the Robotech® RPG Tactics™ Update elsewhere.

Good News Part Five: Robotech® RPG Tactics™ – in stores throughout the United States in time for BLACK FRIDAY Sales. Since ALL of the rewards have shipped to our backers in the USA and Canada (the last two dozen Canadian orders shipping on Monday), we were able to ship Robotech® RPG Tactics™ to our North American distributors. That means most of them should be able to get RRT product into their retail accounts in time for the Black Friday sales next weekend. USA Note: The “in store” release date is Wednesday, November 26, 2014 in the USA, but some stores may wait till Black Friday. Canada Note: The “in store” release date in Canada is also Wednesday, November 26, 2014. However, we suspect that most Canadian retailers are not likely to have Robotech® RPG Tactics™ in stores until the week after the November 26 (early December). But we don’t know that; they may be in stores by the November 26 street date or that weekend. Watch for it.

Explain away.

[Sakieh]

Frankly, I am surprised they can ship outside the U.S. at all, since Big West, Tatsunoko and Studio Nue own
the IP in the rest of the world, while Harmony gold owns the IP in the United States only(due to court decision
in the U.S.)

Unless, of course, this means that Harmony Gold and Big West/Studio Nue/Tatsunoko finally reached an
arrangement, and we can hope to see Macross Zero, and all the other macross series released since Macross
Plus released to the US legally.

[jaymz]

Explanation - zero desire to miss Black Friday and Xmas season sales.

How they went about it? Not very good at all.

[Seto Kaiba]

Not wishing to get embroiled in the (wholly justified) discontent over Palladium's delivery of "the goods"... I'm just gonna correct one quick misconception on the part of someone else and be on my way.

Frankly, I am surprised they can ship outside the U.S. at all, since Big West, Tatsunoko and Studio Nue own the IP in the rest of the world, while Harmony gold owns the IP in the United States only(due to court decision in the U.S.)

That is hideously inaccurate.

First, Harmony Gold has NEVER owned the intellectual property of the original Macross, Southern Cross, or MOSPEADA. As far as I am aware, no representative of Harmony Gold has ever made any claim that the company owned or owns the intellectual property of the original Japanese shows used for the production of Robotech. In point of fact, Carl Macek himself confirmed in more than one of his interviews that the reason returning characters in Sentinels (etc.) got redesigned was because Harmony Gold couldn't get/afford permission to use the IP. The copyrights on the intellectual property of the original Super Dimension Fortress Macross series are (jointly) owned by Big West and Studio Nue, and apply around the world under international law.

The only rights Harmony Gold USA possesses are the distribution and merchandising rights to the original three shows outside of Japan... the legal ability to edit, dub, and distribute the animation and to produce merchandise based on that animation, for sale outside of Japan. Robotech RPG Tactics, a game, is legally classified as merchandise and therefore Harmony Gold and Palladium Books are well within their rights to distribute it anywhere except Japan.

Second, there has never been any lawsuit filed in the US regarding ownership of the intellectual property behind Robotech. Why? Harmony Gold has never owned or claimed to own the IP. Harmony Gold's ill-advised and ultimately baseless claims that their license extended to Macross's sequels triggered some legal action in Japan between Big West/Studio Nue and Tatsunoko Productions to confirm the terms of their original contract were being correctly interpreted. Ultimately, the courts determined that both of the parties owned exactly what they thought they owned... Big West/Studio Nue jointly owned the IP and all rights relating to it (the "brand", making sequels, etc.), while Tatsunoko owned only the copyrights on the physical animation itself (but not the contents), a share of the profits from domestic merchandise for the original series, and the "rest of world" distribution and merchandising rights to the original series. Harmony Gold wasn't even a party to that series of legal actions.

All of Harmony Gold's rights to the original shows come from their licensing agreement with Tatsunoko... which grants them the distribution and merchandising rights to those three shows outside of Japan.

Unless, of course, this means that Harmony Gold and Big West/Studio Nue/Tatsunoko finally reached an arrangement, and we can hope to see Macross Zero, and all the other macross series released since Macross Plus released to the US legally.

Nope... this means nothing of the kind.