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Invader Enamel Pin, by Acme Thunderer on Jun 12, 2023 20:10:01 GMT 1, This is what they submitted to Kickstarter to stop this.
Made me wonder how concerned Invader was when he used the Rubikโs logo or reproduces images himself?
If I was the OP, I would feel kinda flattered that Invader noticed it. ๐
This is what they submitted to Kickstarter to stop this. Made me wonder how concerned Invader was when he used the Rubikโs logo or reproduces images himself? If I was the OP, I would feel kinda flattered that Invader noticed it. ๐
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dannubs
New Member
๐จ๏ธ 499
๐๐ป 527
January 2019
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Invader Enamel Pin, by dannubs on Jun 12, 2023 20:57:03 GMT 1,
I'm just going to leave this here while we talk about Invaders intellectual property dispute
I'm just going to leave this here while we talk about Invaders intellectual property dispute
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Icesay
Junior Member
๐จ๏ธ 2,427
๐๐ป 1,796
March 2010
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Invader Enamel Pin, by Icesay on Jun 12, 2023 21:06:40 GMT 1, Yeah it's true....Invader basis main body of work on a space invader game....let's take it up a notch and say graffiti as in writing your name. It could be consider a brand. By repeating your name on trains and buildings or benches you could say you are advertising. If we continue extrapolating one could argue that Obey, Banksy, Kaws, Hirst, all have an identity and none of it is truly a new idea. Mad innit!
Yeah it's true....Invader basis main body of work on a space invader game....let's take it up a notch and say graffiti as in writing your name. It could be consider a brand. By repeating your name on trains and buildings or benches you could say you are advertising. If we continue extrapolating one could argue that Obey, Banksy, Kaws, Hirst, all have an identity and none of it is truly a new idea. Mad innit!
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Invader Enamel Pin, by Lroy on Jun 12, 2023 21:18:50 GMT 1, This is from Kickstarters help centre on refunds. "While a project is still live you can cancel your pledge by visiting the project page and clicking the "Manage your pledgeโ button on the right-hand side. From there, click "Cancel Pledge" next to the "Change your pledge" link." I have contacted them to make sure that when I cancel the project, everyone will get a refund but in the meantime, you can do the above and cancel your pledge to get a refund. So, to finish, itโs over ?
This is from Kickstarters help centre on refunds. "While a project is still live you can cancel your pledge by visiting the project page and clicking the "Manage your pledgeโ button on the right-hand side. From there, click "Cancel Pledge" next to the "Change your pledge" link." I have contacted them to make sure that when I cancel the project, everyone will get a refund but in the meantime, you can do the above and cancel your pledge to get a refund. So, to finish, itโs over ?
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Invader Enamel Pin, by Lroy on Jun 12, 2023 21:24:29 GMT 1, Yeah it's true....Invader basis main body of work on a space invader game....let's take it up a notch and say graffiti as in writing your name. It could be consider a brand. By repeating your name on trains and buildings or benches you could say you are advertising. If we continue extrapolating one could argue that Obey, Banksy, Kaws, Hirst, all have an identity and none of it is truly a new idea. Mad innit! In Strasbourg where I live there is a real copycat of Invader ( better artworks in real anyway, even if the Storks are not my cup of tee. Does Invader knowing him or that ? What could he do anyway : he fixed hundreds of these around the town ! He is an Invader fan too โฆ
instagram.com/stork_pixelart?igshid=MzRlODBiNWFlZA==
http://instagram.com/p/Cisd3qJqe3U
Yeah it's true....Invader basis main body of work on a space invader game....let's take it up a notch and say graffiti as in writing your name. It could be consider a brand. By repeating your name on trains and buildings or benches you could say you are advertising. If we continue extrapolating one could argue that Obey, Banksy, Kaws, Hirst, all have an identity and none of it is truly a new idea. Mad innit! In Strasbourg where I live there is a real copycat of Invader ( better artworks in real anyway, even if the Storks are not my cup of tee. Does Invader knowing him or that ? What could he do anyway : he fixed hundreds of these around the town ! He is an Invader fan too โฆ instagram.com/stork_pixelart?igshid=MzRlODBiNWFlZA==http://instagram.com/p/Cisd3qJqe3U
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G$
New Member
๐จ๏ธ 82
๐๐ป 80
March 2022
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Invader Enamel Pin, by G$ on Jun 12, 2023 22:14:53 GMT 1, .
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Invader Enamel Pin, by Street Arted 2020 on Jun 12, 2023 22:47:17 GMT 1, Stork is a dorkโฆ Those are lame.
Stork is a dorkโฆ Those are lame.
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golft
New Member
๐จ๏ธ 39
๐๐ป 36
December 2021
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Invader Enamel Pin, by golft on Jun 12, 2023 22:51:45 GMT 1, I'm just going to leave this here while we talk about Invaders intellectual property dispute Figured I'd add to this as well. I particularly find this part of the article interesting...
"The inspiration for his space-ship mosaics came from the arcade game released in 1978 by Tomohiro Nishikado named Space Invaders. The artist made use of and developed the unique aesthetic of the 8-bit graphics, reproduced so that each tile represents one pixel."
I'm not trying to hate on Invader and am a fan, but if he's going to play the "cease and desist" game I hope Tomohiro Nishikado is getting his cut from anything Invader sells.
www.kollygallery.ch/invader-probablyfromspace/
I'm just going to leave this here while we talk about Invaders intellectual property dispute Figured I'd add to this as well. I particularly find this part of the article interesting... "The inspiration for his space-ship mosaics came from the arcade game released in 1978 by Tomohiro Nishikado named Space Invaders. The artist made use of and developed the unique aesthetic of the 8-bit graphics, reproduced so that each tile represents one pixel." I'm not trying to hate on Invader and am a fan, but if he's going to play the "cease and desist" game I hope Tomohiro Nishikado is getting his cut from anything Invader sells. www.kollygallery.ch/invader-probablyfromspace/
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Invader Enamel Pin, by Street Arted 2020 on Jun 12, 2023 22:54:36 GMT 1, I'm just going to leave this here while we talk about Invaders intellectual property dispute From Invaders site
I'm just going to leave this here while we talk about Invaders intellectual property dispute From Invaders site
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Invader Enamel Pin, by Acme Thunderer on Jun 12, 2023 22:57:26 GMT 1, I'm just going to leave this here while we talk about Invaders intellectual property dispute Figured I'd add to this as well. I particularly find this part of the article interesting... "The inspiration for his space-ship mosaics came from the arcade game released in 1978 by Tomohiro Nishikado named Space Invaders. The artist made use of and developed the unique aesthetic of the 8-bit graphics, reproduced so that each tile represents one pixel." I'm not trying to hate on Invader and am a fan, but if he's going to play the "cease and desist" game I hope Tomohiro Nishikado is getting his cut from anything Invader sells. www.kollygallery.ch/invader-probablyfromspace/ This would suggestโฆ no
I'm just going to leave this here while we talk about Invaders intellectual property dispute Figured I'd add to this as well. I particularly find this part of the article interesting... "The inspiration for his space-ship mosaics came from the arcade game released in 1978 by Tomohiro Nishikado named Space Invaders. The artist made use of and developed the unique aesthetic of the 8-bit graphics, reproduced so that each tile represents one pixel." I'm not trying to hate on Invader and am a fan, but if he's going to play the "cease and desist" game I hope Tomohiro Nishikado is getting his cut from anything Invader sells. www.kollygallery.ch/invader-probablyfromspace/This would suggestโฆ no
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Invader Enamel Pin, by Crime in the City on Jun 12, 2023 23:11:27 GMT 1, Stork is a dorkโฆ Those are lame. Haha comment of the day... 'Dork' is criminally underused..
Stork is a dorkโฆ Those are lame. Haha comment of the day... 'Dork' is criminally underused..
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golft
New Member
๐จ๏ธ 39
๐๐ป 36
December 2021
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Invader Enamel Pin, by golft on Jun 12, 2023 23:29:02 GMT 1, Figured I'd add to this as well. I particularly find this part of the article interesting... "The inspiration for his space-ship mosaics came from the arcade game released in 1978 by Tomohiro Nishikado named Space Invaders. The artist made use of and developed the unique aesthetic of the 8-bit graphics, reproduced so that each tile represents one pixel." I'm not trying to hate on Invader and am a fan, but if he's going to play the "cease and desist" game I hope Tomohiro Nishikado is getting his cut from anything Invader sells. www.kollygallery.ch/invader-probablyfromspace/This would suggestโฆ no So do the intellectual property owners of Pink Panther, Mona Lisa and Peter Pan get a percentage of Invaders work? I'm not trying to be a Di*k but I'm genuinely curious.
Figured I'd add to this as well. I particularly find this part of the article interesting... "The inspiration for his space-ship mosaics came from the arcade game released in 1978 by Tomohiro Nishikado named Space Invaders. The artist made use of and developed the unique aesthetic of the 8-bit graphics, reproduced so that each tile represents one pixel." I'm not trying to hate on Invader and am a fan, but if he's going to play the "cease and desist" game I hope Tomohiro Nishikado is getting his cut from anything Invader sells. www.kollygallery.ch/invader-probablyfromspace/This would suggestโฆ no So do the intellectual property owners of Pink Panther, Mona Lisa and Peter Pan get a percentage of Invaders work? I'm not trying to be a Di*k but I'm genuinely curious.
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Invader Enamel Pin, by Jules Leotard on Jun 13, 2023 5:07:20 GMT 1, This would suggestโฆ no So do the intellectual property owners of Pink Panther, Mona Lisa and Peter Pan get a percentage of Invaders work? I'm not trying to be a Di*k but I'm genuinely curious. This thread has the potential to become interesting. golft, copyright is artist's life plus 75 years, so Mona Lisa and da Vinci's heirs are out by several centuries. If you change a work enough, which ends up in court to be decided, it can stand on its own as "derivative" - think Andy Warhol. If you lift something directly from someone and don't add any value (change it enough), well that is where you start getting into trouble.
I am a fan of Invader, but I acknowledge he isn't really in a position of strength "protecting" his rights unless he has been sending money out on the regular to Nishikado. Even if he has a licensing agreement with Nishikado, Nishikado can have an unlimited number of licensing agreements. If I wanted to produce anything with a Space Invader on it, I would contact Nishikado and proceed from there. There is a chance that he passed it over to Public Domain (unlikely), but it is more likely that the rights are owned by Taito Soft Corporation.
To compound matters, I would assume there are Trademark issues involved as well. That is its whole own other thing though. It doesn't seem like any party is chomping at the bit to put Invader out of business (or generate revenue from him), but it also doesn't give him 'standing' in a court of law to enforce a copyright or trademark he misappropriated.
This would suggestโฆ no So do the intellectual property owners of Pink Panther, Mona Lisa and Peter Pan get a percentage of Invaders work? I'm not trying to be a Di*k but I'm genuinely curious. This thread has the potential to become interesting. golft, copyright is artist's life plus 75 years, so Mona Lisa and da Vinci's heirs are out by several centuries. If you change a work enough, which ends up in court to be decided, it can stand on its own as "derivative" - think Andy Warhol. If you lift something directly from someone and don't add any value (change it enough), well that is where you start getting into trouble.
I am a fan of Invader, but I acknowledge he isn't really in a position of strength "protecting" his rights unless he has been sending money out on the regular to Nishikado. Even if he has a licensing agreement with Nishikado, Nishikado can have an unlimited number of licensing agreements. If I wanted to produce anything with a Space Invader on it, I would contact Nishikado and proceed from there. There is a chance that he passed it over to Public Domain (unlikely), but it is more likely that the rights are owned by Taito Soft Corporation.
To compound matters, I would assume there are Trademark issues involved as well. That is its whole own other thing though. It doesn't seem like any party is chomping at the bit to put Invader out of business (or generate revenue from him), but it also doesn't give him 'standing' in a court of law to enforce a copyright or trademark he misappropriated.
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golft
New Member
๐จ๏ธ 39
๐๐ป 36
December 2021
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Invader Enamel Pin, by golft on Jun 13, 2023 6:00:44 GMT 1, So do the intellectual property owners of Pink Panther, Mona Lisa and Peter Pan get a percentage of Invaders work? I'm not trying to be a Di*k but I'm genuinely curious. This thread has the potential to become interesting. golft, copyright is artist's life plus 75 years, so Mona Lisa and da Vinci's heirs are out by several centuries. If you change a work enough, which ends up in court to be decided, it can stand on its own as "derivative" - think Andy Warhol. If you lift something directly from someone and don't add any value (change it enough), well that is where you start getting into trouble.
I am a fan of Invader, but I acknowledge he isn't really in a position of strength "protecting" his rights unless he has been sending money out on the regular to Nishikado. Even if he has a licensing agreement with Nishikado, Nishikado can have an unlimited number of licensing agreements. If I wanted to produce anything with a Space Invader on it, I would contact Nishikado and proceed from there. There is a chance that he passed it over to Public Domain (unlikely), but it is more likely that the rights are owned by Taito Soft Corporation.
To compound matters, I would assume there are Trademark issues involved as well. That is its whole own other thing though. It doesn't seem like any party is chomping at the bit to put Invader out of business (or generate revenue from him), but it also doesn't give him 'standing' in a court of law to enforce a copyright or trademark he misappropriated.
Thank you Jules, I appreciate the explanation. I did think there was some sort of thing where if you changed a character enough you could claim artist interpretation or something to that effect but that's just information I heard and read on the internet and had no idea of the legitimacy of it.
Sidenote: I feel like if Invader wants to keep his anonymity, I'd be surprised if he would to take somebody to court over a Kickstarter pin and reveal who he is. Maybe he would have a representative for him, I don't know how the court system works but I'm sure a pin isn't worth the hassle of going to court.
So do the intellectual property owners of Pink Panther, Mona Lisa and Peter Pan get a percentage of Invaders work? I'm not trying to be a Di*k but I'm genuinely curious. This thread has the potential to become interesting. golft, copyright is artist's life plus 75 years, so Mona Lisa and da Vinci's heirs are out by several centuries. If you change a work enough, which ends up in court to be decided, it can stand on its own as "derivative" - think Andy Warhol. If you lift something directly from someone and don't add any value (change it enough), well that is where you start getting into trouble.
I am a fan of Invader, but I acknowledge he isn't really in a position of strength "protecting" his rights unless he has been sending money out on the regular to Nishikado. Even if he has a licensing agreement with Nishikado, Nishikado can have an unlimited number of licensing agreements. If I wanted to produce anything with a Space Invader on it, I would contact Nishikado and proceed from there. There is a chance that he passed it over to Public Domain (unlikely), but it is more likely that the rights are owned by Taito Soft Corporation.
To compound matters, I would assume there are Trademark issues involved as well. That is its whole own other thing though. It doesn't seem like any party is chomping at the bit to put Invader out of business (or generate revenue from him), but it also doesn't give him 'standing' in a court of law to enforce a copyright or trademark he misappropriated.
Thank you Jules, I appreciate the explanation. I did think there was some sort of thing where if you changed a character enough you could claim artist interpretation or something to that effect but that's just information I heard and read on the internet and had no idea of the legitimacy of it. Sidenote: I feel like if Invader wants to keep his anonymity, I'd be surprised if he would to take somebody to court over a Kickstarter pin and reveal who he is. Maybe he would have a representative for him, I don't know how the court system works but I'm sure a pin isn't worth the hassle of going to court.
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alberti
New Member
๐จ๏ธ 157
๐๐ป 116
February 2023
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Invader Enamel Pin, by alberti on Jun 13, 2023 7:31:16 GMT 1, This thread has the potential to become interesting. golft, copyright is artist's life plus 75 years, so Mona Lisa and da Vinci's heirs are out by several centuries. If you change a work enough, which ends up in court to be decided, it can stand on its own as "derivative" - think Andy Warhol. If you lift something directly from someone and don't add any value (change it enough), well that is where you start getting into trouble.
I am a fan of Invader, but I acknowledge he isn't really in a position of strength "protecting" his rights unless he has been sending money out on the regular to Nishikado. Even if he has a licensing agreement with Nishikado, Nishikado can have an unlimited number of licensing agreements. If I wanted to produce anything with a Space Invader on it, I would contact Nishikado and proceed from there. There is a chance that he passed it over to Public Domain (unlikely), but it is more likely that the rights are owned by Taito Soft Corporation.
To compound matters, I would assume there are Trademark issues involved as well. That is its whole own other thing though. It doesn't seem like any party is chomping at the bit to put Invader out of business (or generate revenue from him), but it also doesn't give him 'standing' in a court of law to enforce a copyright or trademark he misappropriated.
Thank you Jules, I appreciate the explanation. I did think there was some sort of thing where if you changed a character enough you could claim artist interpretation or something to that effect but that's just information I heard and read on the internet and had no idea of the legitimacy of it. Sidenote: I feel like if Invader wants to keep his anonymity, I'd be surprised if he would to take somebody to court over a Kickstarter pin and reveal who he is. Maybe he would have a representative for him, I don't know how the court system works but I'm sure a pin isn't worth the hassle of going to court. When talking about derivative, we strictly talk about an artwork. Here, the goods are totally different, they are enamels pins produced in bulk quantity and fall under the term "merchandising".
Is this direct competition to artist's market? Take Bansksy's case as a reference, considering that Invader has a shop and does sell merchandising of his images, then by selling enamel pins (even for charitable purpose) and map (Invader's main product) is considered by law as direct competition in a similar market.
Is their IP violation? ---To Invader - Considering design of pins are copy&paste of design done by Invader, yes there is. If you had done your own design, different story (see below). What about the map? Well, you can print maps and put location tag in it, no issue here... just be wary with name you give, it is possible that terms like "Invader map" are Trademarked, so beware with names you use. Considering Invader's communication above, they do see this as IP violation and it is indeed; don't forget copyright covers the artistic expression/concept... but for Invader, it is murky as he is himself doing unique/exclusive art and products using already copyrighted material. To cut it short, Invader can protect his "expression" (his artwork or art/image) but not the "idea" nor the "concept", as taking an almost domain-free or overused image (Space Invaders) in mosaic style can't be protected by IP law (just like you can't protect a chord progression in music or facts or codes/formulas) --To Square Enix - Square Enix has full right on Space Invaders but they don't enforce it much, especially for small producers, distributors, merchandisers, etc. but they can decide to enforce it anytime. So selling a small bulk of enamel pins having Space Invaders on it should be fine. This said, you can write to them, they may accept if project is small as yours - www.square-enix-games.com/en_GB/documents/licensing
Drop the map! Stick to enamel pins but do your own design, make sure that keywords and words used as changed to avoid any Trademark issue. If you do your own image, no problem. If you get Square-enix authorisation, the better. Invader is a bit harsh here, but it is what it is. Moral of the story, do like him, use Space Invaders and make your own design and avoid any terms that may underline you are doing a deceiving direction competition in his market (note - deceiving, meaning you use Invader's name or brand text to deceive clients in same market); as long as you keep it clean (clearly distinct your work from Invader), you will be fine.
Many people known Invader's real name, he can be find online in 5mn as there are many old magazine interviews mentioning his name, that's when he used to sell his "porn" (Canal+ type) mosaic at Les Puces (Paris). Even getting his address and his parents address online is pretty simple
This thread has the potential to become interesting. golft, copyright is artist's life plus 75 years, so Mona Lisa and da Vinci's heirs are out by several centuries. If you change a work enough, which ends up in court to be decided, it can stand on its own as "derivative" - think Andy Warhol. If you lift something directly from someone and don't add any value (change it enough), well that is where you start getting into trouble.
I am a fan of Invader, but I acknowledge he isn't really in a position of strength "protecting" his rights unless he has been sending money out on the regular to Nishikado. Even if he has a licensing agreement with Nishikado, Nishikado can have an unlimited number of licensing agreements. If I wanted to produce anything with a Space Invader on it, I would contact Nishikado and proceed from there. There is a chance that he passed it over to Public Domain (unlikely), but it is more likely that the rights are owned by Taito Soft Corporation.
To compound matters, I would assume there are Trademark issues involved as well. That is its whole own other thing though. It doesn't seem like any party is chomping at the bit to put Invader out of business (or generate revenue from him), but it also doesn't give him 'standing' in a court of law to enforce a copyright or trademark he misappropriated.
Thank you Jules, I appreciate the explanation. I did think there was some sort of thing where if you changed a character enough you could claim artist interpretation or something to that effect but that's just information I heard and read on the internet and had no idea of the legitimacy of it. Sidenote: I feel like if Invader wants to keep his anonymity, I'd be surprised if he would to take somebody to court over a Kickstarter pin and reveal who he is. Maybe he would have a representative for him, I don't know how the court system works but I'm sure a pin isn't worth the hassle of going to court. When talking about derivative, we strictly talk about an artwork. Here, the goods are totally different, they are enamels pins produced in bulk quantity and fall under the term "merchandising". Is this direct competition to artist's market?Take Bansksy's case as a reference, considering that Invader has a shop and does sell merchandising of his images, then by selling enamel pins (even for charitable purpose) and map (Invader's main product) is considered by law as direct competition in a similar market. Is their IP violation? ---To Invader - Considering design of pins are copy&paste of design done by Invader, yes there is. If you had done your own design, different story (see below). What about the map? Well, you can print maps and put location tag in it, no issue here... just be wary with name you give, it is possible that terms like "Invader map" are Trademarked, so beware with names you use. Considering Invader's communication above, they do see this as IP violation and it is indeed; don't forget copyright covers the artistic expression/concept... but for Invader, it is murky as he is himself doing unique/exclusive art and products using already copyrighted material. To cut it short, Invader can protect his "expression" (his artwork or art/image) but not the "idea" nor the "concept", as taking an almost domain-free or overused image (Space Invaders) in mosaic style can't be protected by IP law (just like you can't protect a chord progression in music or facts or codes/formulas) --To Square Enix - Square Enix has full right on Space Invaders but they don't enforce it much, especially for small producers, distributors, merchandisers, etc. but they can decide to enforce it anytime. So selling a small bulk of enamel pins having Space Invaders on it should be fine. This said, you can write to them, they may accept if project is small as yours - www.square-enix-games.com/en_GB/documents/licensingDrop the map! Stick to enamel pins but do your own design, make sure that keywords and words used as changed to avoid any Trademark issue. If you do your own image, no problem. If you get Square-enix authorisation, the better. Invader is a bit harsh here, but it is what it is. Moral of the story, do like him, use Space Invaders and make your own design and avoid any terms that may underline you are doing a deceiving direction competition in his market (note - deceiving, meaning you use Invader's name or brand text to deceive clients in same market); as long as you keep it clean (clearly distinct your work from Invader), you will be fine. Many people known Invader's real name, he can be find online in 5mn as there are many old magazine interviews mentioning his name, that's when he used to sell his "porn" (Canal+ type) mosaic at Les Puces (Paris). Even getting his address and his parents address online is pretty simple
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1nkling
New Member
๐จ๏ธ 284
๐๐ป 342
October 2019
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Invader Enamel Pin, by 1nkling on Jun 13, 2023 12:35:36 GMT 1, They don't take any money until its fully funded anyway so don't worry.
I've just had an email saying my pledge has been cancelled. Sorry it didn't work out for you.
They don't take any money until its fully funded anyway so don't worry.
I've just had an email saying my pledge has been cancelled. Sorry it didn't work out for you.
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Beetle Bum
New Member
๐จ๏ธ 276
๐๐ป 362
October 2017
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Invader Enamel Pin, by Beetle Bum on Jun 13, 2023 13:28:16 GMT 1, Sorry it didn't work out, it was a great idea and I had pledged the full amount. Maybe keep us in mind if you end up doing it anyway or similar.
Sorry it didn't work out, it was a great idea and I had pledged the full amount. Maybe keep us in mind if you end up doing it anyway or similar.
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