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MAMEdev is Pulling Auctions!
Tiger-Heli:
--- Quote from: Crazy Cooter on June 04, 2005, 03:27:18 pm ---According to the terms of use for their trademark (and as far as I understand who has been affected), they were the right targets. If it was a "hiccup", that is being addressed.
--- End quote ---
Correct! I don't think there is an issue as far as MAMEdev is concerned with Good Guys and Bad Guys (whether you have a legitimate product or a cabinet that plays 5,000 gameses), as far as trademark and E-bay are concerned.
MAMEdev said forums may use MAME without TM, web pages must include TM at the first reference to MAME, and otherwise, seek permission to use it.
This was very publicly announce at www.mame.net and www.mamedev.com and BYOAC and time was given for it to be addressed.
The only "good guy" exceptions would be sellers (if any) who previously contacted Nicola and were told that they would be allowed to use MAME in their E-bay ads or E-bay ad titles and then had their ads pulled.
And I am fairly sure MAMEdev will take care of these situations if any exist.
Again, this shouldn't be such a big deal to anyone.
Chris:
--- Quote from: Tiger-Heli on June 04, 2005, 03:35:29 pm ---The only "good guy" exceptions would be sellers (if any) who previously contacted Nicola and were told that they would be allowed to use MAME in their E-bay ads or E-bay ad titles and then had their ads pulled.
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So let's say I'm a guy who was into MAME a year ago. So I've lost touch, the parts sat in my garage, and it's time to get rid of them. Wow, I have enough parts for 30-40 auctions! I haven't been keeping up with MAME, so I'm not aware of Aaron's power trip.
I put my auctions up. Aaron goes to town. I've just been thrown off eBay for 30 VeRO violations.
How is this guy such a "bad guy"?
This is what we call collateral damage. This is what happens when people think they are so important they can destroy everything in their path because they are so much righter than anyone else.
Tiger-Heli:
--- Quote from: Chris on June 04, 2005, 03:32:17 pm ---Their Terms of Use are unreasonable and not backed up by law
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I think that will only be determined when one of the sellers sues the mamedev team for loss of revenue, defamation of character, loss of market standing due to lowered reputation, etc.
--- Quote ---- The far majority of eBay sellers don't frequent this forum and have no clue the MAMEDevs are claiming such wide-ranging rights to a word that they have APPLIED for.
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They do now!!! (Also the far majority of E-bay sellers are misusing the term as their items are not strictly limited to MAME or in some case even very largely associated with it.)
Crazy Cooter:
--- Quote from: Tiger-Heli on June 04, 2005, 03:41:31 pm ---
--- Quote from: Chris on June 04, 2005, 03:32:17 pm ---Their Terms of Use are unreasonable and not backed up by law
--- End quote ---
I think that will only be determined when one of the sellers sues the mamedev team for loss of revenue, defamation of character, loss of market standing due to lowered reputation, etc.
--- End quote ---
Correct. The same would go for "artwork violations".
Chris, Once the "TM" has been placed, all rights go to the person that put the TM next to it. Until it is "disproved" by the USPTO, that person has every right to enforce their claim to it's use. It doesn't have to be a "registered" trademark.
"Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "
Chris:
--- Quote from: Tiger-Heli on June 04, 2005, 03:35:29 pm ---MAMEdev said forums may use MAME without TM, web pages must include TM at the first reference to MAME, and otherwise, seek permission to use it.
--- End quote ---
What's ironic is when they, for example, break Galeco's or Namco's encryption and announce it on their Web pages, I don't see them putting a TM after the names of all the companies who's IP they're stepping on...
In fact, there is not a single TM on mame.net or mamedev.com, for MAME or Sega or Konami or Data East (these are the company names that appear in mame.net at the moment).