5th Street Bankruptcy and You

There is a lot of confusion surrounding the bankruptcy of 5th Street Games. I see a great deal of confusion on the Kickstarter page, people I haven't seen in years are sending me emails, and folks are upset on the Board Game Geek forums. I think this is all justified, so I wanted to write, briefly, some information in one place to help with this as best as possible.

To be clear, this is not my opinion on this incident, no dirty laundry. I'm frustrated, naturally, but this post exists to aid.

Full Disclaimer: I am just the designer of Farmageddon. I had nothing to do with its publication, other than the contents of the game, or Phil's business practices on Farmageddon or his other projects. As I'm about to publish my first game, and I now own Farmageddon entirely again, I want to make that clear. 5th Street's problems were not mine and I don't want my game or my future works to be held against that.

Here are the questions and my answers, as best I can answer them.

What about Livestocked and Loaded? How will I get it?

The manufacturer of the game is working with Ship Naked to send backers their copies of Livestocked and Loaded. They posted on the Kickstarter in an update HERE.There is one catch: you must email them your information and you must pay for shipping. This seems lame, but please consider the following:

  • The manufacturer was NOT paid for this production and many other projects.
  • They will NOT make their money back doing this.
  • They have zero obligation to do this.
  • They are devoting time and money to handle this. Think of the organization and staff hours to solve this.

Essentially, the manufacturer and Ship Naked are doing this out of sheer kindness. Please do not express your frustrations with them -- it is NOT their fault. If you still want the game, you can email them, pay shipping, and you will receive an expansion. If you do not want the game, do not want to pay it, or do not want to do with this, that is also fine.

I just received a letter about Phil's bankruptcy. What does this mean for me? 

Basically, nothing. In legal and accounting terms, Phil owed you an asset, which in this case is a game. You will not receive those assets from Phil. For Livestocked and Loaded and some other projects, Ship Naked and the manufacturer are handling it now. Please check your Kickstarter pages. I can only speak for Livestocked and Loaded.

This letter essentially closes the loop. There is no action for you to take. You do not need to show up in court. The letter basically says: you were owed an asset, you will not receive this asset from Phil.

What will happen to Farmageddon? 

At this time, I don't know. I own the full rights to the game design and its art. It is mine, free and clear. If you're a designer signing a contract, be absolutely certain there are revert clauses in the contract for you.

I really like Farmageddon and I'm very proud of it. The first print run of 2700 copies sold out and won a Parent's Choice Award, with practically no con presence and very little marketing. I know some portion of the second printing sold as well, again, little presence or marketing.

The game was published in 2012, and since that time I've observed numerous critiques of the design, and I've become a far superior designer. I'm just a better craftsman. I wrote about some of the changes I would like to make, and I am confident that it can be a viable game. Yes, it's a take that, but it's very charming, short, and has some nice small decisions between the crop hand management and which cards to play.

I am in talks with various people, but it's too premature to discuss any of it. If any of these things occur, I'll be delighted. If they don't, well, I now have Hyperbole Games. Assuming Hocus performs well and I'm not throwing in the towel in a few months, I might publish a revised version of Farmageddon. At a high level, this would include:

  • Improved 2nd edition cards, including some full redesigns, and much rewording.
  • Completely new graphic design. Imagine the current art with, say, Adam McIver's graphic design?
  • Touched up illustrations. Both Brett and Erin have expressed interest in notching them up.
  • Single box with Farmageddon, Livestocked and Loaded, all FrankenCrops.

The idea is that this would be the definitive edition of the game. Folks who like it, and folks who like it, but are disengaged, might come take a second look.

But, that's all very premature.

Those are the big three questions. If you have others, email me, or post them below. I'll do my best to answer them.

Comments

I finally got my copy of Livestocked and loaded and it only has 9 action cards instead of ten. 3 farmer's market, 3 the corgalohts and 3 blue ribbon. Is this a production error or something unique to mine or what's up with that?

Carl -- I believe that is accurate -- 9 cards. There is probably a mis-print on the rules or something.

Thanks a bunch for you blog post - this clarified a lot for me (and reduced my stress level a little - took me a while to understand what the hell that bankruptcy letter meant :P). Hope you do manage to republish the game - I am still enjoying it (and even recently got my gf hooked into the game) :). Good luck!

Thanks Moshe! I'm so glad this helped you. It has been stressing me out!

Thanks Todd. If you're curious, I knew Hocus was something special when I played it with my mom and she wouldn't stop asking to play it.

This is a good summary, which I think re-frames the conversation about a tough situation in a constructive way, for backers (almost me: I own Farmageddon and like it, but went on Kickstarter-backing hiatus for several reasons prior to the L&L project), budding designers/possible future designers (that's me), and Hocus supporters who are hyped to back it and help Hyperbole Games succeed (I'm in this camp 100%).

PS even as-is, Farmageddon passed the "Mom test," so you definitely did lots of great stuff there already.