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MAMEdev is Pulling Auctions!

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Chris:


--- Quote from: quarterback on June 02, 2005, 04:25:33 pm ---
--- Quote from: AlanS17 on June 02, 2005, 04:19:42 pm ---Back to the floormat example. If someone was selling "Ford floormats" you wouldn't be expecting floormats that fit your truck. You'd be expecting floormats made by Ford for your truck.
--- End quote ---

And if someone was selling a "PacMan cabinet" I would expect a PacMan cabinet, not some random cab that might be able to play PacMan.

--- End quote ---
But what MAMEDev is saying is like Ford going after an auction that says "KRAKO Floor Mats for Ford F-150".

Avery:


--- Quote from: AlanS17 on June 02, 2005, 04:19:42 pm ---Back to the floormat example. If someone was selling "Ford floormats" you wouldn't be expecting floormats that fit your truck. You'd be expecting floormats made by Ford for your truck.

--- End quote ---

Right, but in this case you couldn't even say, "Floor Mats - Fit '98 Ford F-250" .

I can see their having an issue with, "MAME Cabinet" but not with, "Cabinet: great for MAME or JAMA conversion".

AlanS17:

Plus as soon as other people start slapping the MAME name on stuff, it becomes a liability for them. You can argue that as much as you want, but it's true.

KevSteele:


--- Quote from: SirPoonga on June 02, 2005, 04:22:13 pm ---They just don't want you using their name to sell your product.

--- End quote ---

I can see their side, to a point - but it was a pretty poor way of announcing their new rules, by pulling auctions first and then emailing companies with the "terms" of being able to use the word MAME. And just having the word MAME in the title shouldn't be legal grounds to pull an auction (especially if the trademark is acknowledged).

The MAMEdevs will get to dictate the terms on eBay, but I think that "fair use" will rule in the real world(tm). In other words a title such as "Arcade Cabinet, Compatible with MAME(tm)" will be perfectly acceptable in any other situation, and well within the scope of the law.

I agree with their letter except for two notable exceptions:

1. Not being able to use the word MAME anywhere in the title.
2. Only being able to use the word MAME once in the description.

Both of these are against the spirit (and perhaps the letter) of fair use of trademarks.

I'm beginning to wonder how the "Coke vs. Pepsi challenge" ever got on the air...

Kevin

SirPoonga:

Ok, however what is the problem with not being able to do that?  Just say "Arcade Cabinet for Emulation".  Which is a more accurate term.

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