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MAMEdev is Pulling Auctions!
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KevSteele:
I got a copy of a letter today that is being sent by Aaron Giles to vendors on eBay whose auctions got yanked today because of "trademark violations":

From: Aaron Giles [mailto:ebay@mamedev.com]
Sent: Thursday, June 02, 2005 8:25 AM
Cc: Nicola Salmoria
Subject: Re: VeRO NOTICE: eBay Listing(s) Removed - VeRO Program

We are in the process of auditing auctions that violate the MAME trademark.
We are concerned about a number of auctions which attempt to associate themselves with MAME without having any formal connection to the project.

Based on the abuses we have seen in the auctions on eBay and elsewhere, we are attempting to define rules surrounding the usage of the MAME trademark.

Below is what we currently have defined.

1. You cannot use the trademark "MAME" in the title of your auction.

2. You may use the phrases "compatible with MAME(tm)" or "works with MAME(tm)", but you may only mention it once in your ad.

3. You must not use the trademark "MAME" in the name of your product. This only implies official endorsement and we do not endorse products.

4. You must not use the MAME logo under any circumstances; this again implies official endorsement.

5. You cannot include MAME or a derivative thereof with what you are selling unless you obtain permission. At this time, we are still discussing under what circumstances, if any, MAME will be permitted to be included with commercial products. If you have already requested permission, your request will be answered once a decision has been made.

6. You must not include any unlicensed game software (ROMs or CHDs) or artwork with your product. Furthermore, you must not provide information to those who purchase your product concerning where to obtain unlicensed game software.

7. You must not mislead the buyer with pictures or lists of games that do not come included with your product. Any games or pictures you use must refer to properly-licensed games that are included with the purchased product.

Please note that the situation is evolving, and we will likely be modifying/expanding these rules based on future violations we discover. For more information on the license and trademark, please see http://mamedev.com.

Thank you for your cooperation,
The MAME Development Team



This is troubling to me for several reasons, not the least of which is that many of the products pulled do not use or sell MAME in any way (such as keyboard encoders).

Just using the word "MAME" in the auction title is enough to get your product yanked, apparently, which seems insane to me. How is "Keyboard encoder for MAME" or "Cabinet for MAME" damaging the MAME name?

I'm really beginning to wonder what the terms of the "agreement" between David Foley and the MAMEdevs was...

Kevin
quarterback:

--- Quote from: KevSteele on June 02, 2005, 02:03:17 pm --- How is "Keyboard encoder for MAME" or "Cabinet for MAME" damaging the MAME name?
--- End quote ---

Nobody claims it's 'damaging the MAME name', it's just an "attempt to associate themselves with MAME without having any formal connection to the project".


--- Quote ---I'm really beginning to wonder what the terms of the "agreement" between David Foley and the MAMEdevs was...
--- End quote ---

My guess is that it has more to do with the agreement between the MAMEdevs and their copyright lawyers.
monkeybomb:
I would love to hear from patent doc on this one.  I'm a little confused as to why there isn't a way to use the MAME name anyway.  Can HP pull auctions for ink cartridges that are claiming to work with one of their printers?  Can Ford pull an auction for floormats if the are listed as fitting nice in a ford mustang?  Or is that the whole point of a TM and those companies just choose not to do this?  There are leagal uses for MAME and leagal uses for the KB16 with MAME.  Why can't he say so without the mamedev permission?
RayB:
That's still over-reaching. If something is compatible with MAME, then it's compatible with MAME.
KevSteele:

--- Quote from: quarterback on June 02, 2005, 02:07:38 pm ---
--- Quote from: KevSteele on June 02, 2005, 02:03:17 pm --- How is "Keyboard encoder for MAME" or "Cabinet for MAME" damaging the MAME name?
--- End quote ---

Nobody claims it's 'damaging the MAME name', it's just an "attempt to associate themselves with MAME without having any formal connection to the project".

--- End quote ---

Pulling auctions because they have the word "MAME" in the title is a bit overzealous, don't you think? If you create a product that can be used with MAME, shouldn't you be able to mention that fact? People ususally search auctions by the title, and pulling MAME out of the title is going to have an impact.

Now if someone is selling something illegal, or that contains the MAME code, I agree - pull the auction. But pulling an auction with no warning just because someone says "Encoder for MAME" or "MAME cabinet" is over the line, IMHO.

Kevin
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