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Lawlight said:
monocle_layton said:

What about games which are crowdfunded?

Those can still be indie as crowdfunded games has no obligation towards the people who donate. That's why they can decide to not release the game and just spend the money as they please.

Actually, the launching of a crowdfunding campaign is an act that constitutes a legally binding contract in most cases, in accordance with the Terms of Use of the platform.  Kickstarter is a good example.

Also, from a legal perspective, if a project entices people to send money to them for a project that they have no intentions of putting the money towards, that's textbook fraud, an illegal act.