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Author Topic: cant seem to grasp why mame is 'illegal' for commercial use  (Read 41452 times)

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jcterzin

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #80 on: February 03, 2010, 02:49:43 pm »
man, forget I asked! I feel like fists are about to be thrown. I'm not trying to step on toes, I just want to let people play arcade games!

Quote
...alright Ark Foley... what's your endgame?
straight from the mouth of Jack Bauer, yes?

Ginsu Victim

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #81 on: February 03, 2010, 03:12:16 pm »
When I first asked about the tax sticker, that's all I did. ASKED. I said in that post that I didn't know how that worked. I was looking to be enlightened on the topic.

J.Max

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #82 on: February 03, 2010, 03:42:15 pm »
Nobody has sued us over it != it's legal


But considering the complete lack of response from the copyright holders, I doubt they care.  Not being able to get a tax sticker because your cabinet has a computer in it?  Are you kidding me?  Some of the responses on this thread have been hilarious.



That's why Nintendo sues everyone and everything...if you don't enforce a copyright, it becomes null and void after a certain period of time, regardless of the original copyright date.

Yes, some of the responses are pretty odd, to say the least...

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #83 on: February 03, 2010, 03:55:11 pm »
Well, my point about the tax sticker is that he is far more likely to get caught without a tax sticker than he is having an illegal game (there are no MAME police, but there sure are tax enforcement folks!). I see 48-in-1 and 60-in-1 cabinets on route with tax stickers all the time, so I don't expect getting one to be too much of a problem. If he doesn't care about the tax sticker, why the hell would he care about using MAME ?

EDIT: It occurred to me that I should mention that there was a shipment of cocktail cabinets, presumably with xx-in-1 boards, seized by US Customs agents some months ago. Not particularly germane to the discussion at hand, but apparently, there are some folks watching. I don't know whatever happened to those cabinets -- anybody know ?

And why are you all missing the really disturbing part of this -- dude wants to butcher working classics !

WTF is wrong with you people ?

 :afro:
« Last Edit: February 03, 2010, 04:31:23 pm by CheffoJeffo »
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #84 on: February 03, 2010, 03:59:46 pm »
Well, my point about the tax sticker is that he is far more likely to get caught without a tax sticker than he is having an illegal game (there are no MAME police, but there sure are tax enforcement folks!). I see 48-in-1 and 60-in-1 cabinets on route with tax stickers all the time, so I don't expect getting one to be too much of a problem. If he doesn't care about the tax sticker, why the hell would he care about using MAME ?

And why are you all missing the really disturbing part of this -- dude wants to butcher working classics !

WTF is wrong with you people ?

 :afro:

QFT.

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #85 on: February 03, 2010, 04:13:20 pm »
man, forget I asked! I feel like fists are about to be thrown. I'm not trying to step on toes, I just want to let people play arcade games!

It happens every time the issue is raised -- everybody feels like they know more than anybody else. You get the folks who shout "EMULATION IS LEGAL" at the top of their lungs, but are silent on the matter of the 5600 ROMs that they are using without license. Then you get the "Nintendo sues everybody" folks who don't realize that Nintendo doesn't actually sue everybody (and, in some cases, doesn't even hold the right to). Throw in the "Stop disrepecting the MAMEDevs" folks and some guacamole and you have a nice little fiesta.

The simple truth of the matter is that, other than BYOACer PatentDoc, I haven't seen a post on this subject from anybody with any bonafide credentials.

And I don't really care ... everybody has their own personal level of comfort with where they draw the line.

I have games that aren't licensed (SYSFPGA MultiWilliams, 48-in-1, 60-in-1) and are in violation of the MAME license (48-in-1 and a 60-in-1). I have repro artwork that I know isn't licensed.

But, I really do care about classic arcade cabinets, particularly working classic arcade cabinets. Please don't MAME a working classic.

Do what I suggested and trade for a suitable cabinet and use that for whichever multigame option you choose.
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Blanka

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #86 on: February 03, 2010, 04:15:57 pm »
It's really, really complicated in the US, but the GNU Public License has been enforced in court many, many times in the US and Europe.

MySQL AB v. Progress NuSphere (2002, US)

netfilters/iptables v. Sitecom Germany (2004, this was in Germany)

gpl-violations.org vs. D-Link (2005, also in Germany)

Free Software Foundation v Cisco Inc (2007, US)

That are no EULA cases, but copyright cases. Very, very different. Sueing a single user for violating an EULA is very obscure in law.

Nobody has sued us over it != it's legal

But it does not make the arbitrary "rules", some bunch of people choose to set up, very strong either. We're not signing contracts before using Mame. What if you make a license for your customers in a shop that says they don't get any warranty and no refunds? That does not make your license the one to judge against! If there is law over a license means the license is checked against state law or common sense. So far the MAME license has not been tested in real world, and might be nothing more than a way to keep away problems with game-producers.

The simple thing is, you and me, and thus the mame-team, can't say what is legal and what is not. They can tell that they want you to believe it is legal, but as long as there's no jurisprudence or government made law, it's worth nothing. Law is that simple.

But, I really do care about classic arcade cabinets, particularly working classic arcade cabinets. Please don't MAME a working classic.
:applaud:
« Last Edit: February 03, 2010, 04:30:26 pm by Blanka »

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #87 on: February 03, 2010, 05:46:54 pm »
man, forget I asked! I feel like fists are about to be thrown. I'm not trying to step on toes, I just want to let people play arcade games!

Quote
...alright Ark Foley... what's your endgame?
straight from the mouth of Jack Bauer, yes?


If anyone it would be me who was stepping on toes, but I have a motive.  

I think what drew me into this discussion was the title of the thread.  Using mame in a setup would not get you thrown in Jail.

Yet I am no closer to my original question regarding the Library of Congress, DMCA and encryption hacking.   :dunno

With the issue regarding Foley....well I'm not wanting to rub that lamp.  ;D

BTW I found this thread rather amusing considering.....
http://forum.arcadecontrols.com/index.php?topic=99813.0
« Last Edit: February 03, 2010, 06:16:34 pm by ark_ader »
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J.Max

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #88 on: February 03, 2010, 06:24:29 pm »
man, forget I asked! I feel like fists are about to be thrown. I'm not trying to step on toes, I just want to let people play arcade games!

Quote
...alright Ark Foley... what's your endgame?
straight from the mouth of Jack Bauer, yes?


If anyone it would be me who was stepping on toes, but I have a motive.  

I think what drew me into this discussion was the title of the thread.  Using mame in a setup would not get you thrown in Jail.

Yet I am no closer to my original question regarding the Library of Congress, DMCA and encryption hacking.   :dunno


Not sure what isn't clear...I posted three cases that dealt with exactly that subject.

The Library of Congress rulings are not relevant.
« Last Edit: February 03, 2010, 06:28:25 pm by J.Max »

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #89 on: February 03, 2010, 10:23:00 pm »
I will reference Mr. Foley as he managed to get permission from the copyright owners to use his product.

http://web.archive.org/web/20060506022028/http://www.ultracade.com/about/11/corporate-profile

Can the MAME team show the same endorsement from Namco Bandai?

Dude, just quit now. The above is alleged to be fraudulent. Ultracade is the perfect example of what happens when you DON'T have licenses and go about making a name for yourself and profit off copyright and trademark infringement.

jeez louise. Im shocked everyone forgot about this.

http://www.gamasutra.com/php-bin/news_index.php?story=24691

« Last Edit: February 03, 2010, 10:29:23 pm by RayB »
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #90 on: February 03, 2010, 10:33:12 pm »
And the idea you can lose copyright by not enforcing it is bull. That is true of TRADEMARKS. Because otherwise companies would trademark all sorts of names and not use them, but "lock up" all the good names.

Ark, you're the guy who thought you could copyright a mechanical device, so why are you so vocal in this matter? How about you sit back and learn something.
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #91 on: February 03, 2010, 11:02:24 pm »
That's why Nintendo sues everyone and everything...

You MUST be joking.  People were selling Game Doctors in GamePro in the 90s.  The only DS flashcart they went after was the R4, years after the market had moved on.  You can still get them anywhere for less than $20.  There were mall kiosks all over the country selling XXX-in-1 joysticks with dozens of NES roms on them.  They haven't bothered to shut down the Donkey Kong 2 guy.  At any point in time, there's at least a dozen people selling XX-in-1 JAMMA boards on e-bay.

And on and on and on....


Nintendo was just the best example that I could think of at the time.  You're right about that, obviously...I just couldn't think of any other company suing (or even sending out C&Ds).  Maybe Incredible Technology is a better example?


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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #92 on: February 03, 2010, 11:14:32 pm »
And the idea you can lose copyright by not enforcing it is bull. That is true of TRADEMARKS. Because otherwise companies would trademark all sorts of names and not use them, but "lock up" all the good names.

Ark, you're the guy who thought you could copyright a mechanical device, so why are you so vocal in this matter? How about you sit back and learn something.

Correct, strictly speaking.  I'm too tired to look up the names, but there have been some cases where a company went some time without enforcing a copyright, and the rights to said intellectual property were considered public domain.  I'll have to look them up, but if I remember correctly, they involved radio broadcasts from the 30s.  I'm pretty sure there's precedent on those, but it's been a long day...

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #93 on: February 04, 2010, 02:22:09 am »
yeah, waiting games should be on free play imo

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #94 on: February 04, 2010, 02:40:21 am »
And the idea you can lose copyright by not enforcing it is bull. That is true of TRADEMARKS.
That's not true for trademarks either. If you have a trademark, and not enforce it, but you pay the fee, your trademark stays valid forever. Others can file a similar name though, but they can't sue you if you start using it again.

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #95 on: February 04, 2010, 02:41:42 am »
the problem with free play is getting people off of them. I emailed SEGA earlier today about using their Out Run pcb as a rom, as I have that game too. We shall see what they say. If they dont care then its just a matter of MAME... or a way around MAME.

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #96 on: February 04, 2010, 07:51:25 am »
Nintendo was just the best example that I could think of at the time.  You're right about that, obviously...I just couldn't think of any other company suing (or even sending out C&Ds).  Maybe Incredible Technology is a better example?

Actually Namco are pretty aggressive, they've shut down Pacman art sites, and other fan sites in the past, and taken up issue with Foley / Ultracade, yet they've always left MAME alone..

While it's true that not being sued isn't proof that MAME is legal it's pretty good indication of what people feel the likely outcome would be, and how worthwhile / beneficial to the company concerned and industry as a whole such actions would be.  Likewise, at least in the US you should refer to the list of cases that were posted in this thread.

The stance of the development team on the issue is clear, the project has goals, honorable ones, and as long as they stick to them this will be recognized and a healthy relationship will remain.


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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #97 on: February 04, 2010, 11:58:47 am »
And the idea you can lose copyright by not enforcing it is bull. That is true of TRADEMARKS. Because otherwise companies would trademark all sorts of names and not use them, but "lock up" all the good names.

Ark, you're the guy who thought you could copyright a mechanical device, so why are you so vocal in this matter? How about you sit back and learn something.

Well not exactly those yokes have printed artwork on them which is owned by Atari.  Someone could have a product similar for the military (as it was once indicated that the military was using a similar device) so the yoke comment was just that a gag to make light of the situation.

I'm a researcher at the moment so I will ask all sorts of questions.  The one regarding cracking encryption and those who were behind it was outside of the USA out of reach of DMCA Jurisdiction.  Thus the posts of those countries that were already covered and the acts of breaking such copyright.
http://www.copyright.gov/help/faq/faq-general.html#patent  That site shows pretty much what is covered and explains copyright.

I just wanted to know if the Mamedavs thought that breaking such encryption was against a code of conduct, and how such actions impacted the companies affected, if any.  Then I got shown the legal email address.  Obviously there must be an clause regarding the preservation of software (The Library Of Congress exception of the DMCA) and copyright law.  Maybe in the future you will have to have something in writing from the government.

What would be interesting to see, is the gross sales of console and portable game software titles that feature retro arcade games, and how well they sold after the year 2000.  That would be a good indicator.  Also if MAME was ever available as a commercial product, would implications would there be?  As in the original post regarded.

This is an interesting thread, I have learnt much by it.
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #98 on: February 04, 2010, 12:27:46 pm »
One thing I've wondered about...there are a lot of "classic game compilations" out there which are available commercially.  Now, surely there are only so many ways to emulate a given piece of hardware, so do any of them contain reverse engineered versions of MAME code?

I've often wondered if the dirty little secret of the retrogaming revival is that the commercial stuff is on the backs of the (freeware) emulator programmers.  I know that Sega licensed one of them (I think it was Dgen) to get their Dreamcast Genesis compilation out there, and Haze has said in this thread that he suspects that some comapnies have used MAME decryptions (which is part of the "preservation" aspect of MAME).

Quote from: Haze
Look at sometihng like Shenmue on the Dreamcast, they included some retro titles in their ingame arcade.  I have it on good authority (but from a confidential source) that the reason they couldn't include some of their games was because those games weren't emulated, so they had no reference to how their protection devices worked, and because their roms were encrypted simply couldn't run them.  These days that wouldn't be a problem because the Sega hardware (and associated protection) is now emulated properly and because of that they would be able to pick up a copy of MAME, see the game running, and figure out the relevant parts from the source.  This would not only saving them time and money, but actually make what they wanted to do possible.
« Last Edit: February 04, 2010, 12:31:04 pm by J.Max »

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #99 on: February 04, 2010, 01:48:24 pm »
And the idea you can lose copyright by not enforcing it is bull. That is true of TRADEMARKS.
That's not true for trademarks either. If you have a trademark, and not enforce it, but you pay the fee, your trademark stays valid forever. Others can file a similar name though, but they can't sue you if you start using it again.
It is.

"Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions. In the case of a trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use". It is not necessary for a trademark owner to take enforcement action against all infringement if it can be shown that the owner perceived the infringement to be minor and inconsequential. "

In the U.S., failure to use a trademark for this period of time, aside from the corresponding impact on product quality, will result in abandonment of the mark, whereby any party may use the mark. An abandoned mark is not irrevocably in the public domain, but may instead be re-registered by any party which has re-established exclusive and active use, and must be associated or linked with the original mark owner. If a court rules that a trademark has become "generic" through common use (such that the mark no longer performs the essential trademark function and the average consumer no longer considers that exclusive rights attach to it), the corresponding registration may also be ruled invalid.
« Last Edit: February 04, 2010, 01:53:08 pm by RayB »
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Blanka

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #100 on: February 05, 2010, 02:34:19 am »
It is.

Guess we have a EU/US difference here.
And if it is, keeping up a website with the brand is not that big of a deal :).

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #101 on: February 05, 2010, 05:34:14 am »
Stock up on every version of MAME and every ROM you can get your hands on guys, because the longer this discussion this goes on through a public forum, the further the license and copyright issues will spread on many other sites exponentially.

The programmers, developers, owners of copyrights etc, from the 70s, 80s or 90s that gave up on their product as technology changes increased dramatically so drastically through home consoles and arcade gaming, might start looking for revenue streams from the current interest in their products that were once discarded in their "we made our money - lets move on" bin.

I find it hard to see that Taito/Namco etc are likely to take legal action on the local pizza shop for charging people to play Pacman or Galaga on a MAME based cabinet. Hard to justify the legal costs of loss of income from a guy earning an uncertain few dollars a week from the machine in his shop!

As far as I can gather this same pizza shop owner will unlikely be sued by mamedev even though he is breaking his license agreement with them.

An even worse and more drastic scenario....

Somehow Taito/Namco etc etc(all those same companies past and present) take mass legal action to globally outlaw emulation in order to sell their "arcade" home console, on the back of the growing market for retro arcade games in their original form.

Keep the peace everyone. Very few people are losing anything from what mamedev has created. The creators/developers etc of 'Paperboy' for example gave up a long time ago of making any more money from their product. The harder and louder this arguement becomes, the sooner some sleeping giants will be wakened. Enjoy what mamedev has offered and those that have helped you re-live the old games, and spread the word positively.

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #102 on: February 05, 2010, 06:15:09 am »
In a few years the chinese take over the world and copyright no longer exists. Just wait. The future for Mame and roms is bright!

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #103 on: February 05, 2010, 06:48:39 am »
In a few years the chinese take over the world and copyright no longer exists. Just wait. The future for Mame and roms is bright!

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #104 on: February 05, 2010, 08:25:06 am »
Stock up on every version of MAME and every ROM you can get your hands on guys, because the longer this discussion this goes on through a public forum, the further the license and copyright issues will spread on many other sites exponentially.

The programmers, developers, owners of copyrights etc, from the 70s, 80s or 90s that gave up on their product as technology changes increased dramatically so drastically through home consoles and arcade gaming, might start looking for revenue streams from the current interest in their products that were once discarded in their "we made our money - lets move on" bin.

I find it hard to see that Taito/Namco etc are likely to take legal action on the local pizza shop for charging people to play Pacman or Galaga on a MAME based cabinet. Hard to justify the legal costs of loss of income from a guy earning an uncertain few dollars a week from the machine in his shop!

As far as I can gather this same pizza shop owner will unlikely be sued by mamedev even though he is breaking his license agreement with them.

An even worse and more drastic scenario....

Somehow Taito/Namco etc etc(all those same companies past and present) take mass legal action to globally outlaw emulation in order to sell their "arcade" home console, on the back of the growing market for retro arcade games in their original form.

Keep the peace everyone. Very few people are losing anything from what mamedev has created. The creators/developers etc of 'Paperboy' for example gave up a long time ago of making any more money from their product. The harder and louder this arguement becomes, the sooner some sleeping giants will be wakened. Enjoy what mamedev has offered and those that have helped you re-live the old games, and spread the word positively.

References where you make this argument is where?

Look at Dragon's Lair.  How many formats/ports has this game ran on?  How many variants of the theme?  Has this title's strength in popularity created any new software from the creators?  Has the delivery of an emulator like Daphne hurt sales?  Has it has encouraged games sales from Digital Leisure?

http://www.dragons-lair-project.com/games/related/ports.asp

What has the appeal been behind the new software release of Daphne?  Has this emulation software changed?  What benefits are there between the previous versions and its current form?  What distinguishes Daphne from Mame considering the direction of the eventual emulation of this title?

Can you contact an arcade distributor and buy a new Dragon's Lair 25th Anniversary Edition arcade machine?

Look at Pacman.  Can the same argument be reached?

http://en.wikipedia.org/wiki/Pac-Man

Has the delivery of Pacman from Mame hurt sales?  Is Pacman considered obsolete? 

Can you contact an arcade distributor and buy a Pacman machine? 
Do you think we will see a Pacman 30th anniversary edition cabinet?
http://namcoarcade.com/

Lots of questions to ask.

I like your points you have made though, which is definitely food for thought.  But I understand that this subject will continue to be argued for a long time as it is a very interesting and intriguing .  It boils down to one small point.  Mame cannot be used for commercial purposes.  It took me a while to completely understand this position.


Something interesting I found while I was researching:
http://www.dreamauthentics.com/article-25.htm
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #105 on: February 05, 2010, 09:04:10 am »
References where you make this argument is where?

Look at Dragon's Lair.  How many formats/ports has this game ran on?  How many variants of the theme?  Has this title's strength in popularity created any new software from the creators?  Has the delivery of an emulator like Daphne hurt sales?  Has it has encouraged games sales from Digital Leisure?

http://www.dragons-lair-project.com/games/related/ports.asp

What has the appeal been behind the new software release of Daphne?  Has this emulation software changed?  What benefits are there between the previous versions and its current form?  What distinguishes Daphne from Mame considering the direction of the eventual emulation of this title?

Can you contact an arcade distributor and buy a new Dragon's Lair 25th Anniversary Edition arcade machine?

If MAME emulates Dragon's Lair, then it will require video sourced from an original Laserdisc, at a far inferior quality to the current offerings (because Laserdiscs degrade, are old technology and definitely not high definition), and a far larger file size (20-30gb)  It will also have far higher CPU requirements.

Given the level of availability of Dragons Lair (you can buy a copy that you can play on a standard DVD player) I can't see emulation making the slightest bit of difference.  I'm not sure if you can currently purchase (new) arcade machines of it, because I think Digital Leisure mainly focus on home ports and the used hardware is getting on a bit.  I'm also not convinced it would even do well in an arcade these days, it's become more of a novelty game which actually offers no gameplay at all.

Daphne has some deal with Digital Leisure to use their files, via some DRM system, to run the game if you own a copy of the remake.  MAME is an open project, which isn't tied to any single platform, and uses original material, not remastered material so won't take that route.  This is where you can clearly see the difference between the goals of 'giving the user the best possibly play experience' and 'documenting how the original thing worked in an open way'.  The MAME experience will be worse in every way compared to any of the current versions, but it will be faithful to the arcade.  The MAME form will have no practical value to anybody except those who care about seeing it done properly.
 
Look at Pacman.  Can the same argument be reached?

http://en.wikipedia.org/wiki/Pac-Man

Has the delivery of Pacman from Mame hurt sales?  Is Pacman considered obsolete?  

Can you contact an arcade distributor and buy a Pacman machine?  
Do you think we will see a Pacman 30th anniversary edition cabinet?
http://namcoarcade.com/

Pacman, yes, you can buy new versions, but it's important to note from the hardware / documentation point of view these are entirely different beasts than the original Pacman PCBs.  You can't take the roms off one of them and run it on an original 1980s Pacman board!

I think it's proven beyond any doubt that Pacman will continue to sell regardless of ports, and regardless of emulation evidenced by the fact that Namco do keep coming up with new versions of it.  It's an iconic game that people will continue to play, and continue to pay for, and continue to port to new systems.

I think what you're seeing here is that if a game was good enough, and didn't age badly, it will continue to sell even if people already have an overwhelming choice of platforms on which to run the game.  I can't really think of any system that doesn't have a version of Pacman, be it an official one, or a clone, yet the game still remains popular enough for Namco to release new versions.

The original hardware is most definitely obsolete, which is what MAME documents, it was obsolete back in 1997 when it was the first platform MAME emulated, but the number of ports and new versions made hasn't changed at all.

One of the nice plus points of MAME here is that we can also document the things that Namco can't officially endorse, the games that did cause them legal issues back in the day, eg. the Piranha hack which was sold as a new game, but was actually just a hacked up version of Pacman.  Technically it's an illegal game, Namco can't include it in any of their new ports, the company that hacked it can't, and so without MAME that fact of history would be lost.  MAME isn't doing anything wrong by documenting this, because the bad parts of history are still parts of history.

I'd be very surprised if we didn't see 40th, 50th, 60th and even 100th anniversary Pacman machines, they'll continue to sell, and MAME will continue to document the different pieces hardware they run on in good time (as long as it's possible to do so, if they become dumb terminals running online flash games, it becomes impossible)

« Last Edit: February 05, 2010, 09:11:58 am by Haze »

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #106 on: February 05, 2010, 09:10:18 am »
Stock up on every version of MAME and every ROM you can get your hands on guys, because the longer this discussion this goes on through a public forum, the further the license and copyright issues will spread on many other sites exponentially.

I'll get right on that !

These are all startling insights. It's not like the topic hasn't been discussed to death for over a decade ...  ::)
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #107 on: February 05, 2010, 09:13:59 am »

I believe copyright lasts for the lifetime of the holder plus 70 years. Don't know how that translates with companies. Regardless, a copyright holder can do what they want with that right- enforce it, don't enforce it, pimp it out for advertising. Unless they sell the rights, they don't have to do anything to keep them.

My two cents  ;D


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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #108 on: February 05, 2010, 09:19:34 am »
Stock up on every version of MAME and every ROM you can get your hands on guys, because the longer this discussion this goes on through a public forum, the further the license and copyright issues will spread on many other sites exponentially.
It's not like the topic hasn't been discussed to death for over a decade ...  ::)
I was going to bring that point up myself.  This topic gets posted every few months and it follows the same general path of:

Why is/are Mame/emulation/roms legal/illegal
Discussion of DCMA
Intent of Mame and Mamedevs v. needs of end users
Obligatory post by Saint showing that BYOAC loves Mamedevs  ;)
Original PCBs v. roms
Discussion of legal aspects from everyone except a legal expert in this particular area
What Nintendo, Atari, Mattel, Namco, or ______ do to protect their copyrights
Discussion of copyright law v. patents v. trademarks
General bickering
Discussion that DCMA doesn't apply to those outside the US

Someone needs to sticky one of these damn threads so that people can continue the same arguments ad nauseum without starting new threads.

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #109 on: February 05, 2010, 09:38:13 am »
Oh, and if you're looking for some interesting discussion it's probably also worth researching the legal tangles surrounding various other games.

I know people would LOVE to see things like WWF Wrestlefest released on XBLA, but I get the impression that it would simply be impossible.

The WWF aren't even allowed to use their logo in old clips they broadcast, the various Wrestlers own the rights to their images, and I doubt Technos had a life-time right to manufacturer games using those images.   Technos also went out of business in 1996, and the rights to their various games ended up all over the place.

This situation almost ensures that anybody wanting to do a legal port / rerelease of this game now would find themselves in potentially deep legal issues, or simply find it an impossible task, and while emulation authors can't endose copyright infringement, once all the PCBs are dead then even if you do own an original your only way to play it is going to be through some interoperability software, ie an emulator such as MAME.

This legal tangle surrounds a lot of arcade games and the ownership is often not clear.  People trying to contact rights owners over the games included with Ultracade found the same thing.  I still find Ultracade including several bootleg games (as if they had no copyright on them) rather curious too, but not surprising.  Goal '92, owned by Seibu because it's a bootleg of Seibu Cup Soccer, but with significant hacks and broken gameplay due to poor attempts to work around the copy protection, and Dynamic Dice, which is clearly a bootleg, although what appears to be the same game with a different title and more likely manufacturer did show up recently on eBay.  Quite how you license a bootleg I don't know, but given the recent legal case, maybe there is more to it than first meets the eye.

Anyway I'd definitely look at what portion of emulated games can be traced to a single definite owner now, and would actually be eligable for re-release because it's a complicated issue, especially if you are trying to cover a subject such as lost sales due to emulation, and it really is a minefield, and one that MAME doesn't wish to become involved with, again, coming back to why we simply specify no commercial use.


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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #110 on: February 05, 2010, 09:51:53 am »
References where you make this argument is where?

Look at Dragon's Lair.  How many formats/ports has this game ran on?  How many variants of the theme?  Has this title's strength in popularity created any new software from the creators?  Has the delivery of an emulator like Daphne hurt sales?  Has it has encouraged games sales from Digital Leisure?

http://www.dragons-lair-project.com/games/related/ports.asp

What has the appeal been behind the new software release of Daphne?  Has this emulation software changed?  What benefits are there between the previous versions and its current form?  What distinguishes Daphne from Mame considering the direction of the eventual emulation of this title?

Can you contact an arcade distributor and buy a new Dragon's Lair 25th Anniversary Edition arcade machine?

If MAME emulates Dragon's Lair, then it will require video sourced from an original Laserdisc, at a far inferior quality to the current offerings (because Laserdiscs degrade, are old technology and definitely not high definition), and a far larger file size (20-30gb)  It will also have far higher CPU requirements.

Given the level of availability of Dragons Lair (you can buy a copy that you can play on a standard DVD player) I can't see emulation making the slightest bit of difference.  I'm not sure if you can currently purchase (new) arcade machines of it, because I think Digital Leisure mainly focus on home ports and the used hardware is getting on a bit.  I'm also not convinced it would even do well in an arcade these days, it's become more of a novelty game which actually offers no gameplay at all.

Daphne has some deal with Digital Leisure to use their files, via some DRM system, to run the game if you own a copy of the remake.  MAME is an open project, which isn't tied to any single platform, and uses original material, not remastered material so won't take that route.  This is where you can clearly see the difference between the goals of 'giving the user the best possibly play experience' and 'documenting how the original thing worked in an open way'.  The MAME experience will be worse in every way compared to any of the current versions, but it will be faithful to the arcade.  The MAME form will have no practical value to anybody except those who care about seeing it done properly.
 
Look at Pacman.  Can the same argument be reached?

http://en.wikipedia.org/wiki/Pac-Man

Has the delivery of Pacman from Mame hurt sales?  Is Pacman considered obsolete?  

Can you contact an arcade distributor and buy a Pacman machine?  
Do you think we will see a Pacman 30th anniversary edition cabinet?
http://namcoarcade.com/

Pacman, yes, you can buy new versions, but it's important to note from the hardware / documentation point of view these are entirely different beasts than the original Pacman PCBs.  You can't take the roms off one of them and run it on an original 1980s Pacman board!

I think it's proven beyond any doubt that Pacman will continue to sell regardless of ports, and regardless of emulation evidenced by the fact that Namco do keep coming up with new versions of it.  It's an iconic game that people will continue to play, and continue to pay for, and continue to port to new systems.

I think what you're seeing here is that if a game was good enough, and didn't age badly, it will continue to sell even if people already have an overwhelming choice of platforms on which to run the game.  I can't really think of any system that doesn't have a version of Pacman, be it an official one, or a clone, yet the game still remains popular enough for Namco to release new versions.

The original hardware is most definitely obsolete, which is what MAME documents, it was obsolete back in 1997 when it was the first platform MAME emulated, but the number of ports and new versions made hasn't changed at all.

One of the nice plus points of MAME here is that we can also document the things that Namco can't officially endorse, the games that did cause them legal issues back in the day, eg. the Piranha hack which was sold as a new game, but was actually just a hacked up version of Pacman.  Technically it's an illegal game, Namco can't include it in any of their new ports, the company that hacked it can't, and so without MAME that fact of history would be lost.  MAME isn't doing anything wrong by documenting this, because the bad parts of history are still parts of history.

I'd be very surprised if we didn't see 40th, 50th, 60th and even 100th anniversary Pacman machines, they'll continue to sell, and MAME will continue to document the different pieces hardware they run on in good time (as long as it's possible to do so, if they become dumb terminals running online flash games, it becomes impossible)



I agree with everything you posted so far, and I do not want to seem like I am laboring the point, but I do have three questions I would like Haze to answer as these will be my last questions on this thread, as it stems from the date when Haze was Coordinator of MAME.

When a MAME developer submits code emulating/documenting the hardware of a Arcade PCB.  When does that developer get permission to break the encryption of the said game in order to test the dumped software for accuracy?  Granted not all ROM code is encrypted.  Does the developer or the Coordinator contact (or make attempts to contact) the copyright holder for permission?

What happens to the ROM code that is dumped from the mainboard of the PCB?  Does those mainboard(s) go to a holding repository or agency?  Do these mainboards or ROMS ever get sold on?  And if so does the ROM dumped data get destroyed once the testing of that said PCB is 100% emulated?

When did the MAMEdevs contact the Library of Congress to submit an application to become a partner of digital preservation. If this has not transpired, is this a goal of the MAMEdevs to register to this body, considering the benefits on offer? 
http://www.digitalpreservation.gov/
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #111 on: February 05, 2010, 10:01:12 am »
I agree with everything you posted so far, and I do not want to seem like I am laboring the point, but I do have three questions I would like Haze to answer as these will be my last questions on this thread, as it stems from the date when Haze was Coordinator of MAME.

When a MAME developer submits code emulating/documenting the hardware of a Arcade PCB.  When does that developer get permission to break the encryption of the said game in order to test the dumped software for accuracy?  Granted not all ROM code is encrypted.  Does the developer or the Coordinator contact (or make attempts to contact) the copyright holder for permission?

There is no feeling that the law necessitates such permission, and cases such as the ones posted here to do with reverse engineering the Sony bios add weight to this.  MAME is not developed using stolen information, it is pure reverse engineering, which thus far has held up as legal.  The developers do not feel there is a copyright issue here so don't see the need to take any further action.  MAME is a document of how things work.  Again, you appear to disagree with this, but the answer isn't going to change.  The team are confident in their legal position otherwise they simply wouldn't bother at all.

What happens to the ROM code that is dumped from the mainboard of the PCB?  Does those mainboard(s) go to a holding repository or agency?  Do these mainboards or ROMS ever get sold on?  And if so does the ROM dumped data get destroyed once the testing of that said PCB is 100% emulated?

When did the MAMEdevs contact the Library of Congress to submit an application to become a partner of digital preservation. If this has not transpired, is this a goal of the MAMEdevs to register to this body, considering the benefits on offer?  
http://www.digitalpreservation.gov/

The developers work with the board owners, often with the board on loan from them.  What the board owners do with their boards and the roms they dumped from them is entirely their business and responsibility, and not under the control of the core development team who actually work on the code.

With the Library of Congress stuff again you're bringing US-centric details into play, the majority of MAME develoment does not happen in the US, I haven't looked into it.  Maybe other developers have, but personally I prefer to just get on with doing what I know how to do.  MAME isn't a political statement, and my time is better spent on figuring things out, and documenting them.  I feel that the team has done a good job in it's current form, without the need for involving official organizations, which may only add pressure and political issues to the development cycle.




« Last Edit: February 05, 2010, 10:08:29 am by Haze »

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #112 on: February 05, 2010, 10:14:45 am »
The WWF aren't even allowed to use their logo in old clips they broadcast...

Quote
The company had also been ordered by the Lords to stop using the old WWF Attitude logo on any of its properties and to censor all past references to WWF, as they no longer owned the trademark to the initials WWF in 'specified circumstances'.[17] Despite litigation, WWE is still permitted use of the original WWF logo, which was used from 1984 through 1997, as well as the "New WWF Generation" logo, which was used from 1994 through 1998. Furthermore, the company may still make use of the full "World Wrestling Federation" and "World Wrestling Federation Entertainment" names without consequence.

...it was only the "WWF Attitude" logo they can't broadcast...
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #113 on: February 05, 2010, 10:19:11 am »
The WWF aren't even allowed to use their logo in old clips they broadcast...

Quote
The company had also been ordered by the Lords to stop using the old WWF Attitude logo on any of its properties and to censor all past references to WWF, as they no longer owned the trademark to the initials WWF in 'specified circumstances'.[17] Despite litigation, WWE is still permitted use of the original WWF logo, which was used from 1984 through 1997, as well as the "New WWF Generation" logo, which was used from 1994 through 1998. Furthermore, the company may still make use of the full "World Wrestling Federation" and "World Wrestling Federation Entertainment" names without consequence.

...it was only the "WWF Attitude" logo they can't broadcast...

Interesting, I don't pay much attention to it but at least when I caught a show last year and they were showing some old footage everywhere the gold logo (the same one used in the games) appeared it was blured out, be it on the ring, signs people had in the crowd, or the branding in the corner (where it was blured and replaced with the new WWE logo)  They even dubbed the speech whenever WWF was mentioned.  It was pathetic, and actually reminded me of why projects like MAME are good, because we don't attempt to change history.

Still I imagine that licenses for the Wrestlers will still cause issues, there are several film tie-ins which suffer from the same problem, the company only had a license to sell / manufacturer games for a limited period.
« Last Edit: February 05, 2010, 10:22:43 am by Haze »

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #114 on: February 05, 2010, 10:21:34 am »
...strange... I just found this... (why am I even looking?  Boredom I guess?)

Quote
Abandonment of the initialism did not end the two organizations' legal conflict. Later in 2002, the World Wide Fund for Nature petitioned the court for $360 million in damages, but the wrestling company prevailed. A subsequent request to overturn by the World Wide Fund for Nature was dismissed by the English Court of Appeals on June 28, 2007. In 2003, World Wrestling Entertainment won a limited decision which permitted them to continue marketing certain pre-existing products with the abandoned WWF logo. However, the wrestling company was obliged to issue newly-branded merchandise such as apparel, action figures, video games, and DVDs with the "WWE" initials. Additionally, the court order required the company to remove both spoken and visual references to "WWF" in its library of video footage (which spans several decades) outside of the United Kingdom.

So it looks like you were right Haze.
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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #115 on: February 05, 2010, 10:35:42 am »
...strange... I just found this... (why am I even looking?  Boredom I guess?)

Quote
Abandonment of the initialism did not end the two organizations' legal conflict. Later in 2002, the World Wide Fund for Nature petitioned the court for $360 million in damages, but the wrestling company prevailed. A subsequent request to overturn by the World Wide Fund for Nature was dismissed by the English Court of Appeals on June 28, 2007. In 2003, World Wrestling Entertainment won a limited decision which permitted them to continue marketing certain pre-existing products with the abandoned WWF logo. However, the wrestling company was obliged to issue newly-branded merchandise such as apparel, action figures, video games, and DVDs with the "WWE" initials. Additionally, the court order required the company to remove both spoken and visual references to "WWF" in its library of video footage (which spans several decades) outside of the United Kingdom.

So it looks like you were right Haze.

and of course you also have cases like Stargate, which now can only be released as 'Defender 2'

so without MAME rightfully documenting the game as Stargate, or with the added political pressure of some official organization, who may feel they need to change history too.....

Pretty much demonstrates why MAME is best doing things the way it does now.  There are no outside influences other than the raw facts.

If we had to ask for permission to emulate Stargate, and the only response was 'we're not allowed call it Stargate anymore, please only support it as Defender 2' then MAME would be doing a pretty bad job of actually documenting arcade history, wouldn't it?  The integrity of the historical facts MAME presents is by far one of the most important things about the project.  Thankfully, we don't, because there's nothing illegal about MAME doing what it does.
« Last Edit: February 05, 2010, 10:51:38 am by Haze »

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #116 on: February 05, 2010, 01:02:32 pm »
I love how the World Wildlife Fund waited until Vince's company had a lot of post-Attitude era money until they sued. It's not like the two hadn't co-existed for over 20 years at that point (World Wildlife Fund founded in 1961, Worldwide Wrestling Federation changed to World Wrestling Federation in 1980 when Vince Jr took over)

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #117 on: February 05, 2010, 08:51:12 pm »
I love how the World Wildlife Fund waited until Vince's company had a lot of post-Attitude era money until they sued. It's not like the two hadn't co-existed for over 20 years at that point (World Wildlife Fund founded in 1961, Worldwide Wrestling Federation changed to World Wrestling Federation in 1980 when Vince Jr took over)

Wikipedia says they only sued in 2000 over a legal agreement they made in 1994 for the organizations to co-exist and said that the WWF (Wrestling) violated the agreement.

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #118 on: February 05, 2010, 09:28:45 pm »
Well I didn't read any of that ---steaming pile of meadow muffin---. Can't I just throw in my uninformed two cents? ;D

By the time they sued, I wasn't watching anymore anyway.

Oh, and wikipedia said Rodney Mullen invented the kickflip in 1993, so you can't trust wikipedia anyway.

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Re: cant seem to grasp why mame is 'illegal' for commercial use
« Reply #119 on: February 06, 2010, 08:44:17 am »
This legal tangle surrounds a lot of arcade games and the ownership is often not clear.  People trying to contact rights owners over the games included with Ultracade found the same thing.  I still find Ultracade including several bootleg games (as if they had no copyright on them) rather curious too, but not surprising.  Goal '92, owned by Seibu because it's a bootleg of Seibu Cup Soccer, but with significant hacks and broken gameplay due to poor attempts to work around the copy protection, and Dynamic Dice, which is clearly a bootleg, although what appears to be the same game with a different title and more likely manufacturer did show up recently on eBay.  Quite how you license a bootleg I don't know, but given the recent legal case, maybe there is more to it than first meets the eye.

Oh, and another thing for you to mull over here.

Even in cases where the manufacturer of the multi-game cabinets allegedly have licenses for their games they're still turning to MAME.

As stated above, Goal '92 is a hack / bootleg of Seibu Cup Soccer.

The original Seibu Cup Soccer isn't emulated in MAME because the protection isn't understood, it's rather complex.

You would have thought, that with an original license from Seibu (Ultracade did have one, right?) that they would have access to either the game sources, or information about the protection, and as a result would have been able emulate the original Seibu Cup Soccer for their pack, rather than including a game which is nothing more than a bootleg, doesn't contain any original Seibu logos because the bootleggers stripped them out, and has a ton of bugs because the bootleggers did an awful job of working around the protection.

Alternatively David Foley / Ultracade could have attempted to reverse engineer the hardware themselves and emulate the original.  Did they?  No.  They relied on the information that MAME had already discovered, and simply emulated the same bootleg supported by MAME that 'works'.  (I'm not claiming there is anything wrong with this as we state that the information is free to use, even if the implementation isn't)

So even with what are meant to be legitimately licensed games it is quite clear that the MAME developers are doing the majority of the work in discovering how these things work, demonstrated by this case and the clear lack of effort in actually supporting the original game.

This isn't the only example, plenty of times people have reported to us that Ultracade has the same emulation bugs as MAME in several of their games (several of the Capcom titles IIRC), pointing clearly that MAME is being used at the very least as a definitive reference for how they work; other emulators which aren't based on the information in MAME have their own sets of bugs, because they've been reverse engineered and figured out by different people, who came to different conclusions so it's quite clear what their reference is because no 2 people think in exactly the same way.

Of course, some people have simply concluded that this means Ultracade is MAME, but there is insufficient evidence to support such a claim at this time, and you would get the same outcome if you simply used all the information in MAME without checking it yourself which assuming the guys behind Ultracade are of good integrity is probably what was done.

With this in mind I ask you how money money projects like MAME have saved for people offering legitimate ports / cabinets, MAME has a team with probably 20 'active' developers doing actual programming at any one time, as well as plenty of others who help with their hardware knowledge and other skills, and a fair number who are on the team but no longer really contribute.  The project has been around for 13 years, so I ask you to figure out the number of hours that have gone into the project, how much the developers of the project would have been paid if it was an actual commercial project, etc.  It might not look much, but 10 lines of code in MAME can have taken months of work to figure out.  Also factor in the sheer amount of money the developers have spent on PCBs for testing etc. and the great lengths even non-developers have gone to aquire things like that Goal '92 bootleg and you have an insane number of man-hours that have gone into the project.

This is all work that people producing products like Ultracade no longer have to do, because the facts have been worked out, and presented in the source.  While they're not permitted to simply copy the source they have an incredible amount of work available to them for reference.  When people want to make legal use of MAME in this way we're happy, it means that the legal retro packs are more viable to develop.  Ultracade already struggled for money, and had to sell their product for what most people felt were extortionate prices (which they claim are due to the license costs)  If you factor in the additional development costs of something like MAME, and the information contained within it I have a feeling it would overshadow the rest of the development costs and push their prices to a level that nobody could afford.

If you look at Taito Legends you'll see some familiar names http://www.mobygames.com/game/taito-legends
Bryan McPhail, Jarek Burczynski, and Nicola Salmoria are all long-term contributors to MAME, and the knowledge they figured out when working on MAME could be applied to this retro pack, thus reducing development costs.  This one I can assure you is fully licensed by Taito and isn't using MAME code, but is using knowledge from MAME.

So, how much money is having projects like MAME around *saving* people who want to do legitimate ports, and also to what degree does it actually make such packs possible in the first place?  Would such packs be viable if the manufacturers had to reverse engineer all the hardware themselves?  Many of the pre-emulation retro packs were actually closer to ports than actual emulation which naturally have a higher development time, greater potential for game changing bugs, and a less authentic experience.

You could argue that it also makes it easier for people making illegitimate products, yes, but at the same time, would there be as many legal options if it wasn't for emulation?

Personally I believe that illegitimate products would still exist even without emulation.  They would probably simply be in a different form, cheap knock-offs that look like the original games / products but aren't (see products like the Chintendo Vii which is marketed as if it was a genuine Nintendo Wii, mimicing all of Nintendo's advertising material etc)

I also believe that we'd see less legitimate ports because the newer titles that are emulated in more modern packs are several magnitudes more complex than those found in the older pre-emulation packs, and without the work done by MAME it would be much harder to produce them and a lot of them would either have a greatly reduced set of titles or simply never get the green light for production because it's quite clear, from the examples I've given that MAME is doing all the ground work, otherwise Ultracade would be using their license to run Seibu Cup Soccer (which they must have licensed), not the bootleg Goal '92.

Also keep in mind that the MAME development team have put in all this work, in their own time, with no expectation of being paid for their actual MAME work.
« Last Edit: February 06, 2010, 08:47:49 am by Haze »