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| KenToad:
--- Quote from: Tiger-Heli on June 07, 2005, 10:14:15 am ---What I think may be getting missed is the MAMEdev's are just programmers working on a project for free in their spare time. If the project starts becoming commercialized (someone) may generate a lawsuit (whether they can win it or not) to shut the project down, most likely over copyright violation. Pulling E-bay ads is a way to keep MAME from appearing commercialized, but someone (whether they can win it or not) is likely to generate a lawsuit, most likely under unfair trade restriction, in this case. The question is, when MAMEdev's legal department says "We feel we can prevail in either of these lawsuits, but it may cost us $250,000 to fight it out in court, or we can cease and desist and take our ball and go home", what will the dev's do. What would you do in their place? --- End quote --- Generally, I agree with you, Tiger-Heli, but I think that the more active role the Mamedevs are playing now will land them in hot water quicker than if they just let the thing go as it always has. Just have a look at the DF/Ultracade incident. Nobody cared about him until he tried to be the bulldog. Of course, I may be mistaken. It may be his actions that caused Aaron Giles to become the enforcer in the first place. I hope not, although we obviously don't know what transacted between those players during that hullaballoo. Maybe the Game companies are actually requesting that the Mamedevs act this way? I guess we'll just have to speculate until the truth is revealed. Cheers, KenToad *Edit* Agreed, Chris, you posted as I typed. |
| Tiger-Heli:
As I remember things (and there may well be a lot of Behind-the-scenes stuff I'm missing). DF/Ultracade tried to shut everyone else down, by applying for a trademark on MAME and claiming trademark violations. Nicola applied for a MAME trademark, basically to keep DF from being granted it and possibly forcing the project to be shut down and/or re-named. MAMEdev is going after E-bay auctions, in part, because if a trademark holder does not enforce their rights to a trademark, the trademark is considered to fall into public domain and their rights evaporate. And most likely, they are overstepping their bounds and yes, there may be more legal repercussions from their actions than if they had ignored the situation, hard to say. IANAL, though, and even if I was, it's hard to predict what will happen. You can see this just from the past 10 replies in this thread with different individuals saying the DMCA either protects or prevents what MAMEdev are working on. |
| Lilwolf:
LOL! --- Quote ---4th.. Why in the heck do you think you should be able to make money off of MAME? --- End quote --- |
| KenToad:
Yup, Tiger-Heli, I think we're in agreement. I also thought it was DF that had withdrawn his application for the TM. What I and what I think we all might be wondering is: Why did he withdraw his application instead of just playing it out? It couldn't have been the flaming he was getting on his own forum from BYOAC members. |
| KenToad:
--- Quote from: Tiger-Heli on June 07, 2005, 10:35:52 am --- MAMEdev is going after E-bay auctions, in part, because if a trademark holder does not enforce their rights to a trademark, the trademark is considered to fall into public domain and their rights evaporate. --- End quote --- I also think there is a difference between what they are currently doing and enforcing their rights to a trademark. Cheers, KenToad |
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