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It appears necessary to write this. All content contained within this blog is the sole property of Cali MJ Fan, unless otherwise Sourced as another's proprietary work. Copyright 2009-2011. All Rights Reserved. You are free to link, share and repost with content in full, as it appears, and must include a link back to this blog. Thank you for that courtesy. Much L.O.V.E., Cali

Monday, October 11, 2010

Kraken Opus: Cali's email to Karl and Andy re: Opus Reality...and more.

MJ Fans: if you haven't read this post yet, then come back to this one.
Enjoy! Much L.O.V.E.
Cali

Andy and Karl,

It's been some time, since I've heard from either of you. Come Monday, October 18th, I will have been watching and working on behalf of customers worldwide who purchased The Michael Jackson Opus for 10 months now. I am a customer, not an employee of Kraken Opus, meaning I get nothing for doing this except keeping my promise to fans back in December of last year. I would not read my MJ Opus until every single person had theirs and I wouldn't stop working on their behalf until the issues were resolved. Karl, when we first spoke this year, you jokingly offered me a VP position after this was resolved. I knew then (and now) it was a joke but what I didn't realize, is maybe these issues will NEVER end! This is bullshit! To say there's no plausible excuse for this would be the understatement of the century.

There are fans/customers who are still awaiting the delivery of their paid MJ Opus. Two customers (Ecuador and Puerto Rico) paid Kraken Opus in August 2009. Translation: There are fans who paid KO over a year ago who still don't have the product they paid for. There is absolutely no excuse for this whatsoever, and even if customs were a factor, over 10 months to get a product delivered? I could have, at the cost of Kraken Opus, hand delivered these to each of these customers MYSELF. As a matter of fact, I'll offer that as a viable option now. Otherwise, there should be no reason whatsoever that you can not arrange the delivery of a handful MJ Opus, no later than the end of this month. Fed Ex confirmations with tracking information should be sent within 9 business days of this email.

Also outstanding are your customers who received damaged Opuses, who have already been approved for replacement, one as far back as December 30th, and have yet to receive them. There are a few new customers who have contacted me. I will resend the last list sent you, with amends, by Wednesday. You should be able to begin shipment on these no later than 10 days from today. The rest are either entitled to a refund PLUS interest from the date of their order or their MJ Opus shipped within 10 days from Friday Octber 15th.

Customers in select countries were promised a limited edition Nate Giorgio print. You (Kraken Opus, et al) should send communications to each of those customers/countries telling them those prints will never be sent. We all know why. You made the bed, now you must lay in it.

The remaining issue is the Opus Reality (Opus Augmented Reality) which was included as a bundled item with all purchases of The Michael Jackson Opus. This item is outstanding for all 20,000+ customers *figure used based from 12/09 articles*.

Recently, it has come to my attention that you have settled with one MJ Opus customer regarding the Opus Reality. During your written conversation, you represented the cost of the price of the Opus Reality was $20. You have since made a donation in that amount to the charity Save Japan Dolphins (http://www.savejapandolphins.org/ ) on behalf of this same MJ Opus customer as evidenced by the confirmation email you provided. Essentially, this was to settle the issue of the non-existent MJ Opus Augmented Reality rather than this customer requesting a total refund of their MJ Opus, and Kraken Opus bearing return mailing costs of the 26.5 lb MJ Opus.

As has been suspected since April, correspondence recently from Lara Allen to yet another customer, confirms intellectial property rights as the reason MJ's likeness disappeared from the Opus Extras page. This was the page which housed the two trigger images (in MJ's likeness) for the Opus Reality as demonstrated via this video - http://www.youtube.com/watch?v=xROMHx3ao-c&feature=youtu.be  Translation: MJ's Estate never approved Kraken Opus/KG/OMG to advertise or sell the Augmented Reality portion of the advertised 'bundle' or there would be no "intellectual property right infringements." Therefore, on August 12, 2009, Karl Fowler falsely advertised this on NBC's Today Show with the host, Al Roker, as well as all print ads and articles worldwide since that date (re: KO's News and Press Pages) .

In light of the recent charity donation, I, as a customer, am requesting the same resolution as the previous customer, the same amount of $20 be sent on my behalf (Cali MJ Fan) to the same charity (http://www.savejapandolphins.org/ ). I would also appreciate a confirmation receipt of the donation.

Since each customer is entitled to the same resolution, perhaps it would save time by making a $20 USD donation for each customer, in MJ's memory ($400,000). Of course, a confirmation receipt would be requested to confirm the donation to the same charity (http://www.savejapandolphins.org/ ) or one of the individuals chosing, should they write you separately.

Karl, before you reply back with your standard "Cali, stop trying to know the law" or "stop threatening" please know that a) I know the documentation customers worldwide have sent me for 10 months is enough for a class action lawsuit and b) nothing in this email is a threat. Knowing and demanding a company respond and act by providing a resolution to a 10 month complaint by each of your customers is not a threat. It's bad service by the company. And for that, these customers DO have the law on their side.

Thank you Andy.

Cali

cc: MJ Fans

18 comments:

  1. WOW !!! CALI !!!...I LOVE YOU GIRL !!!...
    Perfect words!!!...Its our turn now, we have waited enough...and enough is enough....
    We are not stupid Karl Fowler, we do know the law, and as Cali said, the law is on our side, and you perfectly know this !...
    We wont stop until we get the donation made !!!
    LOVE YA CPC !!! ;)

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  2. Cali, I have been silent about this mess recently not because I have given up but I needed to sort things out in my mind as to how a company can deal this way with so many for so long and in such public a venue as the Internet!

    I go with the idea of Kraken donating on behalf of all customers since the augmented reality feature is likely to be nothing but fiction.

    You are a model of extraordinary patience and restraint to respond the way you do, Cali. Thanks is such a little word for your selflessness. God bless you.

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  3. Great email, Cali!! I love the ending.... a paragraph to Karl and a simple thank you to Andy.. LOL.

    Andy, though slow to reply to emails, has been great throughout this entire process. Poor guy has had a lot thrown at him as a result of this whole mess.

    Be interesting to see their reply.......

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  4. Thank you Cali, for sharing this email!!
    Just what Lulu said 'thanks is a little word'

    @ Patti, if they send a reply!!! of course!

    We know the law KARL Fowler,, and what you did is false advertising!!, so that means misleading customers who paid a lot of money for the Opus!

    And that's not all,, There're STIL (now OCTOBER 12th)customers who hasn't received their OPUS,, They pre-ordered MORE than a year ago!!

    We've Had Enough!!!!

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  5. Hey Cali, you're Great!! This email is written very well with educated words. Kraken has betrayed the trust of customers. I hope Karl reading your email ashamed. Too many months have passed and his arrogance is out of place!
    A lot of L.O.V.E

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  6. Hey... haven't read this 'til now... CALI... AMAZING MAIL!!!!

    and, as velvet said, enough is enough... I decided to buy the Opus, because of OAR... now, there's no OAR, then I want at least a donation to charity on my name...

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  7. I have only just read this.
    This whole thing is very disappointing.
    Oh well, at least I have my Opus and it is fantastic.

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  8. Sorry to have bad news for the new year folks but it doesnt look like Kraken will be around for too much longer!!!!

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  9. Interesting dear ANON... any chance you have any information to share with us about this?

    *off to search the web*

    Cali

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  10. Have you thought of hiring a legal attourny in Guerney, Cali. It might be a good idea. there are plenty who know about the business of Kraken. good luck...

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  11. Thank you Anon. Any chance you can refer me to one?

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  12. Yes, Mourant Ozannes, AO Hall and Carey Olsen.... All of which are very well regarded in the Channel Islands.... Good Luck!

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  13. Is there going to be any cards for the Opus Reality? I haven't received mine yet and it is 2011. :-(

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  14. Hi,

    I have purchased numerous Opuses from Kraken and their service has been first rate. There must be some feasible excuse for these guys not having fulfilled their obligations to you guys. Karl Fowler , it has to be remembered has given us all this incredible bible for us fans. Yes there maybe 'augmented reality' issues and some books may not have turned up yet for whatever reasons. But this book is simply stunning and so beautiful, I thank-you Karl and Andy for giving us this feast ... Thank you ... From a very satisfied customer!!!

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  15. Dear Anonymous,

    I appreciate your "honesty" and am happy that you have received satisfactory service. In the same breath you commend Karl Fowler, you discount some clear breach of customer/company contracts, basic business law, such as delivery committments and internationally advertised components that were not within Mr. Fowler's right to promote to begin with. In short, you commend Karl Fowler for breaking the law and snidely slap the customers, Michael's fans, for having the audacity to stand up for their rights (while trying to act as a fan yourself).

    Your choice of words "for these guys not having fulfilled their obligations to YOU GUYS" is odd since in the next sentence you us "us all this incredible bible for US FANS". Referencing the augmented reality- "US GUYS" equate to over 20,000 customers and counting. If in fact you actually purchased this book based on the internationally press-flooded PRE-order advertising, then you too are in the same position each of us are- without something that we PAID for. To continue, if you received yours fairly quickly, then I'd say you live in the US or UK. However there were/are people in over 48 countries where it took up to 22 MONTHS from their order date to get their book. (Case in point one customer JUST received their book which was ordered August 2009! in June 2011!)

    And to call it a 'bible' is blasphemous. It is my personal belief that Michael himself would have found that comment to be offensive, but further would have take this project by the horns and his fans would NEVER have been defrauded by someone the likes of Karl Fowler.

    Finally, it was NOT Karl Fowler who actually put this deal together, but Jeff Wald, but you know this- since I am not quick to believe you are truly among our class. If you truly are a fan, you would be as disgusted as many of the other 20,000 MJ fans who have watched their fellow community taken advantage IN THE NAME OF MONEY... 'Anything for money".

    Thank you for your opinion, as I always enjoy hearing both sides of a story. I must say it's rather funny coming so quickly after KO believes their obligation to this project is finished.

    Much L.O.V.E.,
    Cali

    PS. To anyone who follows this blog reguarly, please don't engage in this comment. There's no need. THANKS! L.O.V.E. YOU ALL!

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  16. PS. I was right-- appears to be a UK customer.

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  17. http://www.huffingtonpost.com/2009/11/23/michael-jackson-opus-book_n_367779.html

    Wald described as a friend to MJ, MJ had an interest in Opus books but nothing of Fowler directly.

    I guess Fowler did bring us this "bible".

    :chokes on words:

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