habisain
Tentacle God
- Joined
- Jul 15, 2012
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Re: Kimochi - the adult games marketplace
No 1. Kimochi isn't yet an established entity, and I'm not convinced that it will necessarily become one. We need more data about the size of demand etc before anything could be inferred about if Kimochi is even viable, let alone enough of a player to negotiate in this kind of way. (Note: not saying it definitely isn't viable or anything - Mikandi exists, which is a similar niche. Just saying more data is necessary before an assumption like this is justified.)
No 2. Kimochi sounds more like a market - in which case the payment services provider only needs to justify that new content violates their policies rather than reclassifying existing content. This would make it pretty easy to terminate a contract, I think (using a standard no objectionable content clause), but I'm not a lawyer.
No 3. Picking a legal fight with a payment services provider would most likely be legal suicide. While the law does play a big part in legal cases, the other part is the lawyers. If you sued a payment services provider, you would likely be heavily outgunned in the courts. Even if you were legally sound, there's a lot of jurisdictions (notably: America) where the payment services provider could drag things on for so long in the courts that they might as well have won, because your company went bankrupt (via lawyers fees/not having a payment services provider and therefore not generating revenue) during the case.
Multiple problems with that kind of argument, unfortunately.To be clear, Mastercard and Visa are slowly revising/relaxing their regulations when it comes to specific, well established companies; they might do the same for Kimochi as time goes on.
As for what you said, that's what a contract does; if they say it's ok in October, and you sign a contract, then they either have to break that contract (and you get to take them to court) or they have to grandfather you in.
Now, if it's a LEGAL precedent, and not just the credit card companies being butthurt, then yeah, that's a risk and unstable.
No 1. Kimochi isn't yet an established entity, and I'm not convinced that it will necessarily become one. We need more data about the size of demand etc before anything could be inferred about if Kimochi is even viable, let alone enough of a player to negotiate in this kind of way. (Note: not saying it definitely isn't viable or anything - Mikandi exists, which is a similar niche. Just saying more data is necessary before an assumption like this is justified.)
No 2. Kimochi sounds more like a market - in which case the payment services provider only needs to justify that new content violates their policies rather than reclassifying existing content. This would make it pretty easy to terminate a contract, I think (using a standard no objectionable content clause), but I'm not a lawyer.
No 3. Picking a legal fight with a payment services provider would most likely be legal suicide. While the law does play a big part in legal cases, the other part is the lawyers. If you sued a payment services provider, you would likely be heavily outgunned in the courts. Even if you were legally sound, there's a lot of jurisdictions (notably: America) where the payment services provider could drag things on for so long in the courts that they might as well have won, because your company went bankrupt (via lawyers fees/not having a payment services provider and therefore not generating revenue) during the case.
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