That reason is that tons of emulated games are owned by companies that DON'T care. Its not hurting their sales because they pulled out of America 10 and 15 years ago and don't even have so much of a franchise office.
It doesn't mean they don't care per se, it just means they cant do anything about it. Imagine you own the rights to some game you wrote in 1989. Now you're pretty much broke, the .com bubble burst, and you're just an average work-a-day joe.
Now you see your game featured on cabinets and collections being sold on eBay, and realize someone else is making $$ off of your work. I'm not talking about people downloading roms w/o paying anything, but actual sale of your work. Just imagine, and tell me it wouldnt piss you off. What are you going to do? Sue everyone selling your stuff? In the real world, lawyers are expensive, and you got a mortgage and car payments.
Face it, the games people want to play are commercially viable - because people want to play them. It's so logical it almost makes sense. If people want it, it's probably worth paying for.
The only romset I know of thats PD is Robby Roto, and correct me if I'm wrong, I haven't seen anyone build a "robby roto" cabinet on these forums. I've seen plenty of Pac Mans and Street Fighter and Mortal Kombat themed ones though. Hardly games that the copyright owners have forgotten about or abandoned.
And I'm pretty sure that the games that get played most on the average mame cab aren't the obscure "no one heard of them and nobody cares about them" titles, but probably Marvel vs Capcom, Metal Slug 3 and 4, SVC Chaos, Pac Man... you see where I'm going with this.
I'm not trying to dis people who build their own cabs, I dont believe that for personal hobbyist use IP law should get in the way (morally, legally of course has nothing to do with whats right).
But if he (foley) spends the $$ for licensing of these old games, watching other people sell it illegaly no doubt does, and should, cheese him off in a big way. Yeah, it hurts his business. People are acting like his taking steps to protect his business is a bad thing.
Frankly, I think eBay should cancel most of the "mame" auctions, not because of trademark issues, but because they're dopey scams. People selling carraige bolts or cabinet locks from home depot and tagging them as "mame compatible".. Heh..
I've seen eBay auctions for modded xboxes preloaded with 100 games. I'm sure that pisses a few people off too.
Where was I?
I guess I just dont see the justification for all the moral outrage.
Maybe we need a mame hack that only lists games nobody gives a crap about.. Roby Roto, Mahjong, and maybe some quiz/trivia games.
Sorry, but that argument is just as old as software piracy itself. "Most games are dumb so it's ok for me to get Half Life 2 off of a torrent", or "most movies suck so it's ok for me to leech the LOTR trilogy"