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Ultracade send Cease and Desist letter

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Paul Olson:

I don't think Foley has any grounds for the C&D, he is *in my opinion* just a failing businessman who is desperate (and unscrupulous enough to try anything) to keep his company running. 

I think there are others who would be well within their rights to cause you trouble.  I think your FAQ mentioning how to find roms would completely disqualify you from distributing MAME.

The artwork is also a problem with the companies that have copyright on those characters.

Paul



saint:

You've been issued a legal threat -- contact a lawyer immediately and stop posting about this issue on these or any other forums. Nothing you say here about this can help you in this matter. You probably should listen to some of the advice posted here however.

On a side note, if his C&D letter is threatning your business in general, and not an aspect or aspects of your business, you should consider contacting HanaHo, SlikStik, and some of the others. Depending on what the C&D letter said, it may be in their best interests to assist you in defending yourself in some fashion.

Good luck!

--- saint

Patent Doc:

Please follow Saint's advice.  A C&D is not a joking matter and usually preceeds and attempt to shut down your enitre business until you comply.  CONTACT A LAWYER IMMEDIATELY.  Sir Poonga is also correct (I think it was him that said it...correct me if I'm wrong), Mr. Foley does have a leg to stand on if he is ascerting unfair competition.  He may be unjustifiably going after your inclusion of Star Roms material.  He may also be after your Namco use (particularly since he gor burned on this one), but you should let your attorney see the letter make contact with Mr. Foley's councel.  You need to find out why you received the letter and see if you can resolve this dispute.  Furthermore, don't post anything more than a thank you on the board regarding this.  If this goes to litigation, anything incriminating you said will be used. 

Again go talk to your attorney.  This is my legal advice.

Patent Doc

Crazy Cooter:

Doc, for the rest of us, can you clarify what "unfair competition" usually entails?  I don't think that another company can just demand that you show them proof of anything (distribution rights for example)... can they?

daywane:

http://ultracade.com/forums/viewtopic.php?p=109#109
I loged in  :angel:

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