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Author Topic: Hope this isn't a taboo topic  (Read 8909 times)

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MikeQ

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Hope this isn't a taboo topic
« on: January 18, 2006, 04:12:14 pm »
How is it that certain websites are able to post 30,000 mame roms and other emulator roms for public download without fear of being shutdown.   They don't even require an account or anything?

Is it simply because these particular roms aren't owned by companies who care to enforce their copyright?


One of the sites also has this statement:  What are protected roms?


In an effort to help support the gaming industry, including all the hard working individuals who slave day and night to provide you with some decent entertainment, will never make protected games available for download. We feel that by doing this, the quality of games will be improved because more money will be put into the creation of new games. While other rom sites may not do the same, we suggest you stay away from them to help keep the gaming industry prosperous. If you enjoy a game, buy it, we do! Below is the list of roms protected xxxxx
Aliens vs. Predator
Barbarian
Chessmaster
Dance Dance Revolution
Dig Dug
Donkey Kong
Doom
Frogger
Grand Theft Auto
Kirby
Lego Island
Lego Racers
Mario
Matt Hoffman's Pro BMX
Metal Gear Solid
Monsters, Inc. (Game)
NASCAR
Pac Man
Pokemon (game)
Rayman
Spider-Man (Game)
Top Gun (Game)
Wolfenstein
Yu-Gi-Oh
Zelda

I hope this also clears up a few things for those who were wondering why we have 30,000 ROMs and Mario rom downloads are no where to be found.

« Last Edit: January 19, 2006, 08:32:42 am by MikeQ »

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Re: Hope this isn't a taboo topic
« Reply #1 on: January 18, 2006, 04:16:20 pm »
knock, knock, knockin' on posthell's door. ;D

MikeQ

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Re: Hope this isn't a taboo topic
« Reply #2 on: January 18, 2006, 04:26:18 pm »
Well, I'm not giving out the sites name or anything.  A simple search of mame roms will find this site withing the first two hits.  I'm curious how something this easy to find and high profile can do this?

ahofle

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Re: Hope this isn't a taboo topic
« Reply #3 on: January 18, 2006, 04:35:33 pm »
Undoubtedly an offshore site.  It's not as easy to initiate legal action on people there or make them shut down their site.

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Re: Hope this isn't a taboo topic
« Reply #4 on: January 18, 2006, 04:36:22 pm »
Yes - this will probably go to post hell very soon.

Stuff I can suppose - if the site is hosted in angola, or taiwan, or malaysia - or something, there is not much the IDSA can do about copyright infringement.  If it is not - they can send a C&D letter to the hosting provider, and then the content just gets posted to another site on another domain a few days later (possibly with the same base site re-directing to it).

Just like all the other warez, crackz, serialz on the WWW.
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Re: Hope this isn't a taboo topic
« Reply #5 on: January 18, 2006, 04:38:18 pm »
Well, I'm not giving out the sites name or anything.  A simple search of mame roms will find this site withing the first two hits.  I'm curious how something this easy to find and high profile can do this?

I am not sure what the point is, but you can google for any other number of "questionable" things and get hits as easily too (satellite test cards, escorts in your area, etc).  This rom site isn't selling them.  I don't see anything wrong with what they are doing.  It is borderline, I know, but I wouldn't call it illegal.  And maybe in the country where these sites are located it isn't an issue.

Either way, everyone knows about them, so I don't think there is much to discuss about it.

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Re: Hope this isn't a taboo topic
« Reply #6 on: January 18, 2006, 04:43:08 pm »
Not sure if we are allowed to discuss this, but it wouldn't surprise me at all if most ROM sites disappeared as much b/c they require a tremendous amount of bandwidth, rather than b/c of external pressure/legal issues.
It's not what you take when you leave this world behind you, it's what you leave behind you when you go. - R. Travis.
When all is said and done, generally much more is SAID than DONE.

MikeQ

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Re: Hope this isn't a taboo topic
« Reply #7 on: January 18, 2006, 04:45:58 pm »
Something interesting on their site, they state that the "Protected" roms are protected by the IDSA and that they will never post these roms.

Why exactly is discussing a ROM site like this a bad thing.  It isn't like I'm soliciting for sites.  If anything, I'm trying to understand the legalities so I can try to adhere to them.

They are located in Marietta Georgia.

The hosting company is in Washington State
« Last Edit: January 18, 2006, 04:48:51 pm by MikeQ »

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Re: Hope this isn't a taboo topic
« Reply #8 on: January 18, 2006, 05:02:05 pm »
Discussing the existance, legality, and morality of ROM sites is not a violation of the rules of this board - no links or hints to the ROMs though please.

Oh - and they are illegal flat out, period and end of report. There are legal ROM sources out there, however limited they are in scope.

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MikeQ

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Re: Hope this isn't a taboo topic
« Reply #9 on: January 18, 2006, 05:13:26 pm »
Will do, no links/hints.

So does this mean that the arcade companies just don't enforce the copyrights.  Are copyrights like trademarks where if you don't enforce violations, then you will lose them?


Thanks Saint.

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Re: Hope this isn't a taboo topic
« Reply #10 on: January 18, 2006, 05:16:11 pm »
Something interesting on their site, they state that the "Protected" roms are protected by the IDSA and that they will never post these roms.
I've seen similar things with old abandonware games.  Lots of sites won't host Microprose games for the same reason, but other sites still do.
Quote
Why exactly is discussing a ROM site like this a bad thing.  It isn't like I'm soliciting for sites.  If anything, I'm trying to understand the legalities so I can try to adhere to them.
Rom begging goes against the board rules, as does generally making a public post about where to find them.  The legalities of ownership of them has been discussed on the board ad infinitum, you might do a search on "copyright", "legality", etc.
Quote
They are located in Marietta Georgia.
Fascinating . . .
It's not what you take when you leave this world behind you, it's what you leave behind you when you go. - R. Travis.
When all is said and done, generally much more is SAID than DONE.

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Re: Hope this isn't a taboo topic
« Reply #11 on: January 18, 2006, 05:21:35 pm »
So does this mean that the arcade companies just don't enforce the copyrights.
Most don't.  Namco and Nintendo definitely try to.  Many older companies like say Gottlieb and to some extent Atari Arcade, it would be hard to know who owns the company anymore, much less the copyright on the arcade roms. . .
Quote
Are copyrights like trademarks where if you don't enforce violations, then you will lose them?
I don't believe so, I think they are permanent, but IANAL.  However, if I copy and modify someone else's copyrighted work, then the original (and my work) retain the copyrights of the original author, plus my modifications (and therefore the entire work) also would be copyrightable by myself, so it becomes a very sticky issue to sort out.
It's not what you take when you leave this world behind you, it's what you leave behind you when you go. - R. Travis.
When all is said and done, generally much more is SAID than DONE.

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Re: Hope this isn't a taboo topic
« Reply #12 on: January 18, 2006, 05:38:23 pm »
What's the linky? ;D J/K

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Re: Hope this isn't a taboo topic
« Reply #13 on: January 18, 2006, 05:52:36 pm »
What's the linky? ;D J/K

knock, knock, knockin' on okay for this forums door.........

Sung in my best GNR voice.

Hummm GNR?  So not Dylan's version??

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Re: Hope this isn't a taboo topic
« Reply #14 on: January 18, 2006, 06:09:50 pm »
I was just listening to the Use Your Illusions disc last night.  It's stuck in my head.

MikeQ

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Re: Hope this isn't a taboo topic
« Reply #15 on: January 18, 2006, 07:02:42 pm »
Rom begging goes against the board rules, as does generally making a public post about where to find them.  The legalities of ownership of them has been discussed on the board ad infinitum, you might do a search on "copyright", "legality", etc.

Ya, did this.  You can read stuff on a forum all day and then find out it is all wrong.  I believed I had an understanding of the ROM issue but then you see a very high visibility website (and very professional) site providing ROMs and it makes you question what you think you know.

In general, I tend to disregard what I read on Forums because it usually is just information that is being repeated by people who have heard something and are repeating it with little knowledge of what they are talking about and when question for proof they usually can't produce it.  This forum doesn't quite fit that stereotype though.  People here seem a little better....and the Delorean forum is pretty good too.   Hmmm, ma bye I don't know what I'm talking about.




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Re: Hope this isn't a taboo topic
« Reply #16 on: January 18, 2006, 07:12:55 pm »
In general, I tend to disregard what I read on Forums because it usually is just information that is being repeated by people who have heard something and are repeating it with little knowledge of what they are talking about and when question for proof they usually can't produce it. 

Quote
How is it that certain websites are able to post 30,000 mame roms and other emulator roms for public download without fear of being shutdown.   They don't even require an account or anything?

Is it simply because these particular roms aren't owned by companies who care to enforce their copyright?

I gotta wonder, why ask these questions on a forum if you tend to disregard what you read on Forums?   :P

MikeQ

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Re: Hope this isn't a taboo topic
« Reply #17 on: January 18, 2006, 07:16:38 pm »
Quote
Why exactly is discussing a ROM site like this a bad thing.  It isn't like I'm soliciting for sites.  If anything, I'm trying to understand the legalities so I can try to adhere to them.
Rom begging goes against the board rules, as does generally making a public post about where to find them.  The legalities of ownership of them has been discussed on the board ad infinitum, you might do a search on "copyright", "legality", etc.

Well, I wasn't begging or saying where to find them.  I didn't say what search engine I used to find the site.  I went out of my way not to say where to find them.

The only reason I mentioned that they could be found with a search engine is to exhibit how high profile this site was.  It wasn't a site that I had to work very hard to find.  I would think if there were companies that were interested in stopping this, that this site woud be the first to go.

MikeQ

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Re: Hope this isn't a taboo topic
« Reply #18 on: January 18, 2006, 07:21:30 pm »
In general, I tend to disregard what I read on Forums because it usually is just information that is being repeated by people who have heard something and are repeating it with little knowledge of what they are talking about and when question for proof they usually can't produce it. 

Quote
How is it that certain websites are able to post 30,000 mame roms and other emulator roms for public download without fear of being shutdown.   They don't even require an account or anything?

Is it simply because these particular roms aren't owned by companies who care to enforce their copyright?

I gotta wonder, why ask these questions on a forum if you tend to disregard what you read on Forums?   :P

Did you not read the part about thinking this forum wasn't the norm?

Also, when asking a legal type question like this, searching the forum will likely get you outdated information.  Especially if the general attitude  is "search for the information"  That guarantees the topic will only get discussed once and if the information is wrong, everyone will always be pointed to wrong information.

This just happened on another thread a couple days ago.  People were telling me not to use Microsoft compiler projects for my build of Mame because the compilers are horrifically expensive.  Guess what Starting with Visual Studio 2005......compilers are free.

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Re: Hope this isn't a taboo topic
« Reply #19 on: January 18, 2006, 08:14:17 pm »
The only reason I mentioned that they could be found with a search engine is to exhibit how high profile this site was.  It wasn't a site that I had to work very hard to find.  I would think if there were companies that were interested in stopping this, that this site woud be the first to go.


That's why there is a rule here that you don't talk about where to get roms, to protect this site from prosecution.  It is absolutely 100% legal to talk about how to build arcade controls, though, so that's what we talk about.

Thanks for working on all the LED stuff.  That's going to be a valuable contribution.

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Re: Hope this isn't a taboo topic
« Reply #20 on: January 18, 2006, 08:21:46 pm »
The only reason I mentioned that they could be found with a search engine is to exhibit how high profile this site was.  It wasn't a site that I had to work very hard to find.  I would think if there were companies that were interested in stopping this, that this site woud be the first to go.


That's why there is a rule here that you don't talk about where to get roms, to protect this site from prosecution.  It is absolutely 100% legal to talk about how to build arcade controls, though, so that's what we talk about.

Thanks for working on all the LED stuff.  That's going to be a valuable contribution.

Jeepers,

If no one is prosecuting the ROM sites, why in the world would they prosecute this site?

And again, I never mentioned where to get ROMS.

Your welcome.  Someday i'll get it posted somewhere.

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Re: Hope this isn't a taboo topic
« Reply #21 on: January 18, 2006, 08:33:27 pm »
Something funny the other night.  A very famous, very reputable film/image related Museum in New York had a tribute to Ron Howard on TV.  They had a little segment on the video industry and its contribution to moving images.  They mentioned that you could go to the Museum website and see more about video game history.  My wife and I were watching in bed, so she grabs the laptop and goes to the website.  They have history on the first video games, etc.  Has a page on Asteroids.  She goes to the page and at the bottom in big words it says "Download The ROM".  She clicks on it and it has a whole article about MAME and what ROMS are and actually lets you download the ROM.

Seems like nobody is following the rules.

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Re: Hope this isn't a taboo topic
« Reply #22 on: January 18, 2006, 10:23:11 pm »
Something interesting on their site, they state that the "Protected" roms are protected by the IDSA and that they will never post these roms.

Why exactly is discussing a ROM site like this a bad thing.  It isn't like I'm soliciting for sites.  If anything, I'm trying to understand the legalities so I can try to adhere to them.

They are located in Marietta Georgia.

The hosting company is in Washington State

Thats like up the road from me, Marietta. Intresting.

-FTen

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Re: Hope this isn't a taboo topic
« Reply #23 on: January 18, 2006, 11:27:24 pm »
That is odd.  The museum's website has a number of ROMs on the site (not just asteroid), links to MAME, info about Nicola etc...

Something funny the other night.  A very famous, very reputable film/image related Museum in New York had a tribute to Ron Howard on TV.  They had a little segment on the video industry and its contribution to moving images.  They mentioned that you could go to the Museum website and see more about video game history.  My wife and I were watching in bed, so she grabs the laptop and goes to the website.  They have history on the first video games, etc.  Has a page on Asteroids.  She goes to the page and at the bottom in big words it says "Download The ROM".  She clicks on it and it has a whole article about MAME and what ROMS are and actually lets you download the ROM.

Seems like nobody is following the rules.
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Re: Hope this isn't a taboo topic
« Reply #24 on: January 18, 2006, 11:39:19 pm »
The information being in a museum is right up the MAMEDEVs alley and is appropriate place for this kind of history but to make the stuff available is really strange. 

« Last Edit: January 18, 2006, 11:47:28 pm by MikeQ »

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Re: Hope this isn't a taboo topic
« Reply #25 on: January 19, 2006, 02:13:45 am »
Well, I'm not giving out the sites name or anything.

Uh, yes you did. Read your first post. Then I suggest you Edit it.

Regarding why, my guess is this: They received Cease & Desist orders for a bunch of specific games. So they removed them. Everything else is still up because no lawyers have come a'knockin.

Anyways, don't ruin it for us. Remove their name from your post!
 :D
« Last Edit: January 19, 2006, 02:20:04 am by RayB »
NO MORE!!

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Re: Hope this isn't a taboo topic
« Reply #26 on: January 19, 2006, 02:21:23 am »
Well, I wasn't begging or saying where to find them.  I didn't say what search engine I used to find the site.  I went out of my way not to say where to find them.

... in fact you included their name TWICE.
NO MORE!!

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Re: Hope this isn't a taboo topic
« Reply #27 on: January 19, 2006, 04:27:18 am »
yeah, it isnt hard to see the sites name in the quote you gave! edit! edit!


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Re: Hope this isn't a taboo topic
« Reply #28 on: January 19, 2006, 08:10:53 am »
Basically if nobody complains their ok.  Heck some of the major sites (daves classics and retrogames) used to host almost all the roms available.

But once retrogaming became popular, and those retro cd's started coming out.... the companies started complaining, as they should. 

Why they haven't decided to start selling the original roms themselfs for home use (and for business use for more) is really a good question though.  Many here do as much as they can to be legal.

Of course, I believe I have supported multiple employees of Capcom's children through college with all my SF2 and beyond money. 

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Re: Hope this isn't a taboo topic
« Reply #29 on: January 19, 2006, 08:15:32 am »
Another thing to keep in mind is that - even legally - this is all opinion and conjecture.

Modern software comes with a license agreement and is generally (but not universally) accepted that you can make a single copy of the software for archival purposes.

Arcade games were originally sold as a complete item, and you owned the cabinet, the electronics, and the manual, if it included one.  There was no mention of licensing, you owned the game.  There was also no mention of whether you could or could not dump the ROMS and then whether you could or could not distribute them after you dumped them.  (Primarily because, at the time, the machines to dump them cost many times more than the games themselves, so nobody would seriously consider this).

Basically - ownership and distribution of any roms except the three that are released as public domain on MAME.net (Robby-Roto and a couple of others), is a legal gray area (including IMHO StarRoms and the Capcom Roms that ship with the HotRod) and will remain so until the issue is challenged in court and decided by a judge (and even then there is a possibility of the decision being overturned on appeal).

However, everyone (well, most everyone) here, would prefer for it to remain a gray issue so we can deny that we are knowingly breaking any laws, so there is a general policy of "Don't ask, Don't tell", NTTIAWWT.  8)
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When all is said and done, generally much more is SAID than DONE.

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Re: Hope this isn't a taboo topic
« Reply #30 on: January 19, 2006, 08:33:50 am »
Well, I wasn't begging or saying where to find them.  I didn't say what search engine I used to find the site.  I went out of my way not to say where to find them.

... in fact you included their name TWICE.


Well, I never mentioned the name of the site, just the name of the company.  Typing in XXX XXXXX wouldn't get you anywhere.   :)

Ya, my bad.  I didn't read the part I pasted thouroughly.

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Re: Hope this isn't a taboo topic
« Reply #31 on: January 19, 2006, 08:36:36 am »
Another thing to keep in mind is that - even legally - this is all opinion and conjecture.

Modern software comes with a license agreement and is generally (but not universally) accepted that you can make a single copy of the software for archival purposes.

Arcade games were originally sold as a complete item, and you owned the cabinet, the electronics, and the manual, if it included one.  There was no mention of licensing, you owned the game.  There was also no mention of whether you could or could not dump the ROMS and then whether you could or could not distribute them after you dumped them.  (Primarily because, at the time, the machines to dump them cost many times more than the games themselves, so nobody would seriously consider this).

Basically - ownership and distribution of any roms except the three that are released as public domain on MAME.net (Robby-Roto and a couple of others), is a legal gray area (including IMHO StarRoms and the Capcom Roms that ship with the HotRod) and will remain so until the issue is challenged in court and decided by a judge (and even then there is a possibility of the decision being overturned on appeal).

However, everyone (well, most everyone) here, would prefer for it to remain a gray issue so we can deny that we are knowingly breaking any laws, so there is a general policy of "Don't ask, Don't tell", NTTIAWWT.  8)

Hmmm, when I was in the Army, we had a "Don't ask, Don't Tell" policy.   I don't recall it being about ROMS though.  :)

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Re: Hope this isn't a taboo topic
« Reply #32 on: January 19, 2006, 01:39:59 pm »
Arcade games were originally sold as a complete item, and you owned the cabinet, the electronics, and the manual, if it included one.  There was no mention of licensing, you owned the game.  There was also no mention of whether you could or could not dump the ROMS and then whether you could or could not distribute them after you dumped them.  (Primarily because, at the time, the machines to dump them cost many times more than the games themselves, so nobody would seriously consider this).

It was "implied" that you could dump ROMs if you owned the machine. A ROM reader/writer was/is standard equipment for an operator. If an EPROM on a board goes bad, they need to fix that machine as fast as possible. So that meant burning a new EPROM with a copy of the old one. And often, companies would issue upgrades/revisions.

But no, that implied understanding didn't include distribution of the data. As you said, no one would even want to do that considering what they paid for those machines.

NO MORE!!

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Re: Hope this isn't a taboo topic
« Reply #33 on: January 19, 2006, 03:03:57 pm »
When a company goes under or is absorbed and makes no attempt to control the rights of the games they created, do the games not become public domain at some point? I mean, it would be great if we could get these roms legally by paying a (small) fee, but many of the companies don't exist or have the ability to make a decision to go this route.
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Re: Hope this isn't a taboo topic
« Reply #34 on: January 19, 2006, 03:09:27 pm »
When a company goes under or is absorbed and makes no attempt to control the rights of the games they created, do the games not become public domain at some point? I mean, it would be great if we could get these roms legally by paying a (small) fee, but many of the companies don't exist or have the ability to make a decision to go this route.

It would be interesting to see how few of the arcade companies (or current owners of their assest) even have in their possession the source code for these ROMS.   

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Re: Hope this isn't a taboo topic
« Reply #35 on: January 19, 2006, 03:58:13 pm »
When a company goes under or is absorbed and makes no attempt to control the rights of the games they created, do the games not become public domain at some point? I mean, it would be great if we could get these roms legally by paying a (small) fee, but many of the companies don't exist or have the ability to make a decision to go this route.

It very very VERY rare that a company closes and its assets don't get bought or transferred to some party. Yeah, the owner might just sit on what they have (or not even really know what IP they own) but that doesn't make it public domain.
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Re: Hope this isn't a taboo topic
« Reply #36 on: January 19, 2006, 04:07:26 pm »
I realize that doesn't make it public domain.  I just think it would be ironic if the companies who have the legal ownership of these ROMs don't actually physically retain them.

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Re: Hope this isn't a taboo topic
« Reply #37 on: January 20, 2006, 07:38:34 am »
When a company goes under or is absorbed and makes no attempt to control the rights of the games they created, do the games not become public domain at some point? I mean, it would be great if we could get these roms legally by paying a (small) fee, but many of the companies don't exist or have the ability to make a decision to go this route.
It very very VERY rare that a company closes and its assets don't get bought or transferred to some party. Yeah, the owner might just sit on what they have (or not even really know what IP they own) but that doesn't make it public domain.
And I believe (but IANAL) that both companies then own the copyrights.

For example - I develop a ROM and form Company A to market it.  I own copyrights on the ROM b/c I developed it.  Times turn bad and I sell my company and the rights to use my ROM to Company B.  This prevents me from suing Company B to prevent them from using my ROM.  However, I think I still retain the original rights, and either I or Company B could prevent Company C from developing a similar game.  I am not sure if I could form Company D and use the ROM code, or whether I could then be sued by Company B.

Now figure that the arcade companies has often been sold five or six times . . .
It's not what you take when you leave this world behind you, it's what you leave behind you when you go. - R. Travis.
When all is said and done, generally much more is SAID than DONE.

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Re: Hope this isn't a taboo topic
« Reply #38 on: January 20, 2006, 09:04:59 am »
how Interesting

"The family tree of ROMS"


 :) :) :) :)

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Re: Hope this isn't a taboo topic
« Reply #39 on: January 20, 2006, 09:13:08 am »
And I believe (but IANAL) that both companies then own the copyrights.

For example - I develop a ROM and form Company A to market it.  I own copyrights on the ROM b/c I developed it.  Times turn bad and I sell my company and the rights to use my ROM to Company B.  This prevents me from suing Company B to prevent them from using my ROM.  However, I think I still retain the original rights, and either I or Company B could prevent Company C from developing a similar game.  I am not sure if I could form Company D and use the ROM code, or whether I could then be sued by Company B.

Now figure that the arcade companies has often been sold five or six times . . .

If Company A goes out of business and sells all assets to Company B, Company A would no longer exist.  I think the copyright would have been the property of Company A, not the guy who started Company A.  I'm sure that one could write a contract though that would entitle "guy A" to use the copyrighted material but it would probably be more of a license than an ownership.

I know patents that are filed by individuals who work at a company behave this way.  I've filed patents through my company.  When the patent is awarded, I'm listed as the inventor but my company owns the patent and I have no claim or right to use it.  I could however license it from my company.

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Re: Hope this isn't a taboo topic
« Reply #40 on: January 20, 2006, 09:18:46 am »
I know patents that are filed by individuals who work at a company behave this way.  I've filed patents through my company.  When the patent is awarded, I'm listed as the inventor but my company owns the patent and I have no claim or right to use it.  I could however license it from my company.
But that's because the company you work for made you sign an agreement that anything you develop while working for them becomes their property.
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Re: Hope this isn't a taboo topic
« Reply #41 on: January 20, 2006, 09:31:04 am »
Sure that is true, but Company A would do the same.  The guy who owns Company A wouldn't have all the copyrights in his name.  They would be in the companies name.  If they were in his name, Company B wouldn't want to buy Company A because Company A has not value without the copyrights.  If Company B did buy Company A  for other assets and the copyrights were kept in Guy A's name.  Company B would have no right to them.

The post below comes from www.copyright.gov.  Actually, there is no clear rule here.  It basically says that the transfer of copyrights is done by contract.  So whatever is agreed to between two parties is legal.  This could be both retain full rights, partial rights, one has no rights, etc...   So this would be really ugly to figure out.  On a ROM by ROM basis, you would have to track a ROMS ownership back to the source and find all the agreements in place that govern that ROM.  Some companies may have chosen to retain some of their titles while getting rid of others.  Not only that, if the transfer isn't exclusive, you don't even have to have anything it writing.  Also, everything is subject to state law.  So different states could have different interpretations of ownership.


"Any or all of the copyright owner's exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.

A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.

Transfers of copyright are normally made by contract. The Copyright Office does not have any forms for such transfers. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. For information on recordation of transfers and other documents related to copyright, request Circular 12, "Recordation of Transfers and Other Documents."



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Re: Hope this isn't a taboo topic
« Reply #42 on: January 20, 2006, 09:32:56 am »
This probably explains why no one is trying to stop the proliferation of illegal ROMS.  The cost of determining who owns what and what they are legally allowed to do with it is to great to make it worth their while.

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Re: Hope this isn't a taboo topic
« Reply #43 on: January 20, 2006, 09:56:41 am »
This probably explains why no one is trying to stop the proliferation of illegal ROMS.  The cost of determining who owns what and what they are legally allowed to do with it is to great to make it worth their while.
Also, you are focusing on copyright, but Intellectual Property, and/or Software license and DCMA clauses could also be applied and differ slightly.

Also given that in general to win a suit you have to be able to show "proof of loss".  I.e. if I own the rights to Asteroids, and am producing and selling new repro Asteroids cabinets for $3000.00 - I might be able to show that website A illegally allowed my IP to be downloaded 2500 times, and maybe 5 percent of those people would have bought a machine from me if the ROM were not available, so I lost 125 sales or $375,000.

Of course, to do this, I have to 1) Actually own the rights to Asteroids and be prepared to prove I do, 2) Actually be selling cabinets for that price (and probably prove that people are actually paying that, not that I just have them for sale).  3) Pay attorneys to take the issue to court. 4) Convince a jury that the number of people that I said actually would buy a cabinet from me if the ROM were unavailable (I think that is a big stretch).

And if the website is overseas, the country involved may not respect U.S. copyright law, so I can't sue.

And even if I win, I get a judgement against the website, and the site owner will likely say: "Okay, I'll take the site down, and I owe you $375,000 dollars.  I have about $1000 and then I am filing bankruptcy, but I'll try to send you $25/month until I've paid you back".

Of course, just filing the suit without any chance of winning would probably be enough to get the U.S.-based website taken down.
It's not what you take when you leave this world behind you, it's what you leave behind you when you go. - R. Travis.
When all is said and done, generally much more is SAID than DONE.

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Re: Hope this isn't a taboo topic
« Reply #44 on: January 20, 2006, 12:29:37 pm »

And even if I win, I get a judgement against the website, and the site owner will likely say: "Okay, I'll take the site down, and I owe you $375,000 dollars.  I have about $1000 and then I am filing bankruptcy, but I'll try to send you $25/month until I've paid you back".

Of course, just filing the suit without any chance of winning would probably be enough to get the U.S.-based website taken down.

Actually, they'll garnish tax refunds and other financial assets to pay for the lawsuit. At least they won't put you out of house and home fortunately.

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Re: Hope this isn't a taboo topic
« Reply #45 on: January 24, 2006, 02:54:57 pm »
is this the rant thread?

I haven't read this all but it seems like people trying to profit off og legit multigames was not considered too.  The reason it is taboo is it creates unfair competition.  For the home user jus tdownloading the rom, if the company doesn't exists, there's no one to enforce the copyright.  But in the business world there is action that can be taken (see Ultracade).

Who says company's aren't enforcing their copyright and not trying to shut roms sites down?  Just becuase the couple you frequent aren't shut down?  It isn't that easy in some cases.
For example, there's a well used bit torrent tracker in sweden.  They get many threats to shut the site down because they are providing illegal content (which is funny to read their comments on the their site).  But, according to sweden laws they are not, since the actual content is not on their servers.  However some country laws would call what they are doing aiding and abedding and is against the law in that country.  However since the site isn't under that country's jurisdiction they can't do anything.  That's the case with many of these rom sites.  We don't want them linked here to cover our butts.

Look at the list you have in the first post.  Most of those are from companies that are actively enforcing copyright (Namco, Disney..).  The site probably got a ceise and desist letter and just removed that company's content.

Also if you were around about 4-5 years ago you'd know about mame.dk.  mame.dk was a mame rom site with tons of other information that was very helpful (which is why MAWS exists).  They were shutdown on a regular basis.  But a couple months later they'd be back up.  Then they went to a subscription where if you were a registered member you could see the downloads, but if not you wouldn't.  They tried all sorts of things.  I think what finally got them was someone made it so they couldn't renew the domain name.


Quote
is a legal gray area (including IMHO StarRoms and the Capcom Roms that ship with the HotRod)
Why?  They have permission from the Capcom and Atari.

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Re: Hope this isn't a taboo topic
« Reply #46 on: January 24, 2006, 02:59:33 pm »
is this the rant thread?

I haven't read this all but it seems like people trying to profit off og legit multigames was not considered too.  The reason it is taboo is it creates unfair competition.  For the home user jus tdownloading the rom, if the company doesn't exists, there's no one to enforce the copyright.  But in the business world there is action that can be taken (see Ultracade).

Who says company's aren't enforcing their copyright and not trying to shut roms sites down?  Just becuase the couple you frequent aren't shut down?  It isn't that easy in some cases.
For example, there's a well used bit torrent tracker in sweden.  They get many threats to shut the site down because they are providing illegal content (which is funny to read their comments on the their site).  But, according to sweden laws they are not, since the actual content is not on their servers.  However some country laws would call what they are doing aiding and abedding and is against the law in that country.  However since the site isn't under that country's jurisdiction they can't do anything.  That's the case with many of these rom sites.  We don't want them linked here to cover our butts.

Look at the list you have in the first post.  Most of those are from companies that are actively enforcing copyright (Namco, Disney..).  The site probably got a ceise and desist letter and just removed that company's content.

Also if you were around about 4-5 years ago you'd know about mame.dk.  mame.dk was a mame rom site with tons of other information that was very helpful (which is why MAWS exists).  They were shutdown on a regular basis.  But a couple months later they'd be back up.  Then they went to a subscription where if you were a registered member you could see the downloads, but if not you wouldn't.  They tried all sorts of things.  I think what finally got them was someone made it so they couldn't renew the domain name.


Quote
is a legal gray area (including IMHO StarRoms and the Capcom Roms that ship with the HotRod)
Why?  They have permission from the Capcom and Atari.

He he.  Not the rant.  This could be a fun game though.  :)  It was in the blinkly light thread in response to a question by buddabing

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Re: Hope this isn't a taboo topic
« Reply #47 on: January 24, 2006, 03:07:05 pm »
Hey! I found the rant post here: http://forum.arcadecontrols.com/index.php?topic=37190.msg476960#msg476960

Now what do I win!? Will you put all the AdvMame display features into your Mame build for me!?


( kidding  ;) )

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Re: Hope this isn't a taboo topic
« Reply #48 on: January 24, 2006, 03:15:30 pm »
You win a free beta test kit of LEDWizMAME.  Minimum of 12 hours of testing required!!

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Re: Hope this isn't a taboo topic
« Reply #49 on: January 24, 2006, 03:22:22 pm »
Oh gee whizz! Wait till I tell the wife! I never win anything!

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Re: Hope this isn't a taboo topic
« Reply #50 on: February 06, 2006, 10:47:57 am »
Quote
is a legal gray area (including IMHO StarRoms and the Capcom Roms that ship with the HotRod)
Why?  They have permission from the Capcom and Atari.
Regarding StarRoms - I know they have permission from Atari, but the Atari that made Asteroids was split up and sold to several different companies.  Hopefully the one that gave permission to StarRoms was the one that has in writing that they actually own the rights to the Roms, but who knows???
It's not what you take when you leave this world behind you, it's what you leave behind you when you go. - R. Travis.
When all is said and done, generally much more is SAID than DONE.

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Re: Hope this isn't a taboo topic
« Reply #51 on: February 06, 2006, 11:07:17 am »
Bah... Abandonware..

Hey, while we're at it, I think an exhaustive search should be made for the inventor of the wheel - people need to be sued...

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Re: Hope this isn't a taboo topic
« Reply #52 on: February 06, 2006, 11:16:24 am »
Quote
is a legal gray area (including IMHO StarRoms and the Capcom Roms that ship with the HotRod)
Why?  They have permission from the Capcom and Atari.
Regarding StarRoms - I know they have permission from Atari, but the Atari that made Asteroids was split up and sold to several different companies.  Hopefully the one that gave permission to StarRoms was the one that has in writing that they actually own the rights to the Roms, but who knows???

Midway owns them and has owned them for some time, but they still have tha Atari name and that's who gave the permission.  Hey, now you get why all the collections for the PC are Midway and Atari...
« Last Edit: February 06, 2006, 11:18:32 am by SirPoonga »

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Re: Hope this isn't a taboo topic
« Reply #53 on: February 06, 2006, 04:19:11 pm »
Quote
is a legal gray area (including IMHO StarRoms and the Capcom Roms that ship with the HotRod)
Why?  They have permission from the Capcom and Atari.
Regarding StarRoms - I know they have permission from Atari, but the Atari that made Asteroids was split up and sold to several different companies.  Hopefully the one that gave permission to StarRoms was the one that has in writing that they actually own the rights to the Roms, but who knows???
Midway owns them and has owned them for some time, but they still have tha Atari name and that's who gave the permission.  Hey, now you get why all the collections for the PC are Midway and Atari...
Probably you are correct that Midway owns the arcade hardware part of Atari, but I am pretty sure Infogrames bought the software rights and released the PC version of Asteroids under the Atari label.  Is the ROM code hardware or software?  (Probably it will never be an issue, but I hope you see my point.)


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When all is said and done, generally much more is SAID than DONE.

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Re: Hope this isn't a taboo topic
« Reply #54 on: February 06, 2006, 05:34:50 pm »
Probably you are correct that Midway owns the arcade hardware part of Atari, but I am pretty sure Infogrames bought the software rights and released the PC version of Asteroids under the Atari label.  Is the ROM code hardware or software?  (Probably it will never be an issue, but I hope you see my point.)
Right - the PC version, which is a rom embedded in an emulater exe.  How does that have any bearing on the ROMs starroms sells? 
Anyway, click on http://corporate.infogrames.com/ I dare you ;)

You know starroms use to have the entire atari library, right?  Those of us who were around were lucky enough to grab them before Atari decided it didn't want compettion with the console releases.

FYI, what I told you was softa wrong.  Midway owned Atari Games (part of the Time Warner Interactive purchase) until they shut that down a couple of years ago (when Midway got completely out of the arcade business and went console only).  Infrogames bought Atari, Inc.

http://en.wikipedia.org/wiki/Atari_Games
http://en.wikipedia.org/wiki/Atari
http://en.wikipedia.org/wiki/Midway_Games
http://en.wikipedia.org/wiki/Infogrames_Entertainment_SA