I don't get why so many commenters are worried about finding way to lawyer out of this based on the fact that the transaction didn't occur and the ToS didn't exist yet and so on. It's immaterial anyway, it wouldn't matter if she had signed it, a judge is going to laugh such a clause out of their courtroom. Though for some reason I just imagine the people behind Klear Gear won't be adequately punished in civil or criminal court for their actions.
Decent advice, with one caveat, this author sounds like so many on the creative side who aren't used to actually handling the business. They suggest you give stuff away and barely (if at all) cover operating costs, and while they can come up with many fancy arguments as to why, the real answer is always guilt and insecurity. It's hard for many people (especially sensitive people like artists!) starting off in business to accept receiving other people's money, it's like you're taking it from them.
You have to realize that people make the money they have so they can spend it, spend it on things they think have value and will improve the quality of their lives. If you make a product that has that kind of value, you should feel free to charge a fair amount. Now Kickstarter is definitely a place you should provide great deals (pledges on their are pre-orders in the extreme, reward the consumer for their faith and support), but if your work isn't garbage, don't price it like garbage.
It's important to build up a big network of fans for some, but if people like this author don't get over their fear of doing business, their imagined media empires aren't going anywhere.
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Lawyering
(untitled comment)
You have to realize that people make the money they have so they can spend it, spend it on things they think have value and will improve the quality of their lives. If you make a product that has that kind of value, you should feel free to charge a fair amount. Now Kickstarter is definitely a place you should provide great deals (pledges on their are pre-orders in the extreme, reward the consumer for their faith and support), but if your work isn't garbage, don't price it like garbage.
It's important to build up a big network of fans for some, but if people like this author don't get over their fear of doing business, their imagined media empires aren't going anywhere.
Techdirt has not posted any stories submitted by frankelee.
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