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Main => Main Forum => Topic started by: Nullface on February 04, 2014, 12:08:23 am

Title: Some arcade legality questions
Post by: Nullface on February 04, 2014, 12:08:23 am
So if multicades are illegal to profit from because they are unlicensed (bootlegs), then is it illegal to build your own cabinet but have it play legit JAMMA games inside for profit or do you need the original cabinet due to advertising policies or something? Say I made my own cabinet and put Street Fighter II inside of it and took quarters as credits, is this not legal? I am in the United States.
Title: Re: Some arcade legality questions
Post by: yotsuya on February 04, 2014, 12:17:11 am
Good question. It might depend on your municipality's licensing and tax codes.
Title: Re: Some arcade legality questions
Post by: mgb on February 04, 2014, 12:24:21 am
I wouldn't think it matters what cabinet they're in.
Lots of games were put in different cabinets and there are universal cabinets.
Of course depending on what state and county, there will be some type of licensing needed in order
To operate any arcade machine for money
Title: Re: Some arcade legality questions
Post by: ark_ader on February 04, 2014, 02:02:10 am
So if multicades are illegal to profit from because they are unlicensed (bootlegs), then is it illegal to build your own cabinet but have it play legit JAMMA games inside for profit or do you need the original cabinet due to advertising policies or something? Say I made my own cabinet and put Street Fighter II inside of it and took quarters as credits, is this not legal? I am in the United States.

Well you could run bootlegs and be legal inside a cabinet.  Its the licensing for the coin part of the cabinet that will need researching.  Ask a local supplier.
Title: Re: Some arcade legality questions
Post by: bradx on February 04, 2014, 02:30:24 am
a tangent:

what if someone put MAME in a galaga or ms pac cab, for instance, and got the proper coin op license, is there anything preventing that any more than there is the multicades out there everywhere?  its not like anyone is physically checking these machines to see what is inside them, right? 

couldnt someone set up a whole arcade with MAME instead of the original board in all the cabinets and get the licenses like a legit arcade? 

i was at an arcade some time ago, and i will not name names, but several of the games i couldnt help but wonder if i hit the power switch it would reboot to XP, hahaha...
Title: Re: Some arcade legality questions
Post by: ark_ader on February 04, 2014, 03:02:08 am
a tangent:

what if someone put MAME in a galaga or ms pac cab, for instance, and got the proper coin op license, is there anything preventing that any more than there is the multicades out there everywhere?  its not like anyone is physically checking these machines to see what is inside them, right? 

couldnt someone set up a whole arcade with MAME instead of the original board in all the cabinets and get the licenses like a legit arcade? 

i was at an arcade some time ago, and i will not name names, but several of the games i couldnt help but wonder if i hit the power switch it would reboot to XP, hahaha...

There are a couple of places in my town where that is happening.  Actually its totally legalish if you own the roms.  The Mamedevs couldn't do anything about it, especially with their U-turn over commercial usage.  Besides are they going to get the entire coding collective together and sue?  :lol  It takes them all their time to get their ship in order and fix some old classic games.

If you do it, make sure you send us a nice picture.  :cheers:
Title: Re: Some arcade legality questions
Post by: Le Chuck on February 04, 2014, 07:44:26 am
I'm pretty sure if you're taking coins it doesn't matter what cabinet the board is in as long as it has a valid tax id/permit affixed to it as issued by the local municipality.   
Title: Re: Some arcade legality questions
Post by: pbj on February 04, 2014, 09:30:29 am
Couple of friends of mine have done it without licenses.  One went and bought a prorated license in October and then just let it expire.  His machines were making about $10/month.  He got a letter almost immediately after his licenses expired and renewing them would have incurred a great deal of taxes (they were assuming he was making hundreds a month on them).

Other guy had a pinball in a pizza place that was full of legally tagged games from an operator that didn't want to mess with pinball.  Made about $30/month for several years and never heard a thing.

Nobody has ever given a ---steaming pile of meadow muffin--- about the legality of what's inside the cabinet and that's been the situation since the beginning of this hobby.

 :cheers:
Title: Re: Some arcade legality questions
Post by: yotsuya on February 04, 2014, 09:35:30 am
Nobody has ever given a ---steaming pile of meadow muffin--- about the legality of what's inside the cabinet and that's been the situation since the beginning of this hobby.

 :cheers:

Title: Re: Some arcade legality questions
Post by: mgb on February 04, 2014, 09:38:45 am
My guess is that a lot of this stuff isn't being checked much. Of course different areas may vary.
 I see a lot of 60-in-1s on location.

Back in the 80s there checks were being done for gambling devices and rf leaks and what not but its a much smaller industry now.
Title: Re: Some arcade legality questions
Post by: pbj on February 04, 2014, 09:41:05 am
So me one person that's actually gone to jail for it besides David Foley.

 ::)
Title: Re: Some arcade legality questions
Post by: dgame on February 04, 2014, 10:05:41 am
What happens in South Florida is if you have other licenses (occupational, food service, etc.) then the inspectors come by at least once a year. When they are in there they look for any unlicensed things. So if you have a vending machine with a missing or expired tax stamp you can get fined, same goes for arcade and pinball machines. Never heard of anyone getting in trouble for what is inside the cab.

Nowadays that pizza parlor or barber shop with the Galaga cocktail sporting the 1986 tax stamp may never get fined but the 'authorities' still have the right to do so.

Title: Re: Some arcade legality questions
Post by: Thenasty on February 04, 2014, 10:17:25 am
It becomes illegal when you get caught  >:D
Title: Re: Some arcade legality questions
Post by: JDFan on February 04, 2014, 10:25:44 am
It becomes illegal when you get caught  >:D

+1 -- and in the long run if you do get caught you'll pretty much come out way behind as there isn't much profit in them nowadays as PBJ mentioned $10 - $30 per month. Just not worth the risk esp. once you deduct the overhead and repair\maintenance costs !!
Title: Re: Some arcade legality questions
Post by: pbj on February 04, 2014, 10:51:10 am
Meh do it anyway.

Title: Re: Some arcade legality questions
Post by: michelevit on February 05, 2014, 01:11:06 pm
does a pizza shop / bar / other establishment need to pay fees if the game is on "Free Play"?
Title: Re: Some arcade legality questions
Post by: pbj on February 05, 2014, 01:14:34 pm
Nope.  Here you're supposed to remove the coin door if you do that though.

Nobody does.

 :cheers:
Title: Re: Some arcade legality questions
Post by: lilshawn on February 05, 2014, 01:21:06 pm
everything these days is legal gray area. the consensus seems to be, don't stir the pot.
Title: Re: Some arcade legality questions
Post by: SavannahLion on February 05, 2014, 02:36:10 pm
everything these days is legal gray area. the consensus seems to be, don't stir the pot.

That's how it for a lot of things. Except you might not be the one to stir the pot. All it takes is one self righteous ---smurfette--- to make the call.
Title: Re: Some arcade legality questions
Post by: BadMouth on February 05, 2014, 02:45:46 pm
does a pizza shop / bar / other establishment need to pay fees if the game is on "Free Play"?

In the U.S. it varies by locality....sometimes state, more likely county or city.
The answer someone on an international message board gives you probably isn't going to apply to your locality.


Title: Re: Some arcade legality questions
Post by: paigeoliver on February 05, 2014, 04:58:15 pm
You can run an original board in any cabinet you want. The only possible worries are the fact that some of the stuff was only licensed for certain parts of the world. That, and if you have a prototype board as a lot of those essentially end up being stolen property if you trace their ownership back far enough.

Namco seems to be the last remaining company that made any effort to curb bootlegs of their old software and even they have stopped now, only seemingly worrying about the likeness of Pac-Man (etc) and not the software.

Finally, it doesn't matter what you put on location, it won't make any money.
Title: Re: Some arcade legality questions
Post by: pbj on February 05, 2014, 05:07:11 pm
Stop repeating that Namco myth.  Namco has never done ---steaming pile of meadow muffin--- to stop anyone.  It was one guy in Austin sending angry e-mails that got everything shut down on E-bay 10+ years ago. 

Title: Re: Some arcade legality questions
Post by: ark_ader on February 05, 2014, 11:39:54 pm
Stop repeating that Namco myth.  Namco has never done ---steaming pile of meadow muffin--- to stop anyone.  It was one guy in Austin sending angry e-mails that got everything shut down on E-bay 10+ years ago.

And don't forget Mr Foley did the same too.
Title: Re: Some arcade legality questions
Post by: clok on February 06, 2014, 10:28:43 am
I think its all just back to purchasing. In the arcade days there was no thought put into anybody but Arcade owners having these. As far as I know they want you to pay for the BOARD. Nowdays they are used, on ebay etc.. but when it was new, you bought a KIT (conversion) or the machine, they wanted  you to buy it from a LEGIT source..  Once you did that.. it was yours to do with (not copy, not modify) as you will.. put it in any machine, charge whatever you wanted etc.. And as somebody brought up, if it was licensed for US, not another country.

Today.. if you are using a REAL board.. i don't think anybody cares.. In fact if you run a PC and have Pac-Man going and charge quarters.. as long as you own the board i don't think anybody cares.. (except MAME dev's?, i do not think they wanted mame used to make money? thats such a gray area right now, im not sure).

it was all done originally so you bought legit hardware from legit sources and used in licensed areas. Once Cab is as good as another.. There was NO EMULATION so there were no rules on it. To me with EMU, it should not change as long as you own a working copy of the original.
Title: Re: Some arcade legality questions
Post by: pbj on February 06, 2014, 11:17:59 am
The problem with emulation is laws were broken in order to achieve that emulation.  Anyone that tells you otherwise is misinformed or lives in some weird country that nobody cares about.

 :cheers:

Title: Re: Some arcade legality questions
Post by: Unstupid on February 06, 2014, 12:12:29 pm
Say I made my own cabinet and put Street Fighter II inside of it and took quarters as credits, is this not legal? I am in the United States.
It's funny you should use Street Fighter II as an example because the original Street Fighter II - World Warrior boards never had an original cabinet.
Title: Re: Some arcade legality questions
Post by: Generic Eric on February 06, 2014, 02:24:22 pm
IANAL
Case 1:
Bootleg board. 
Jurisdiction: Federal, international who knows
Case 2:
Operating any gaming machine.
Jurisdiction: State, perhaps city/county

For my state, there was no block on the operator license form to identify if the game was a pool table, video game, skeeball or pinball game let alone a block to identify what was running inside.

Of note:
In your area, you may be required to have a sales tax permit, operators license, location license, pay per machine. Annual renewal fees may apply.

My take away after looking for my state is that there is no way to identify on the form whether it is freeplay or not.fact  If you don't give the man his cut, he is going to take you to the cleaners.  conjecture  The only way I see a business having these is as a loss to attract customer.  informed opinion

I don't know what the law was before arcades got big, but no wonder they aren't now. 
Title: Re: Some arcade legality questions
Post by: amendonz on February 07, 2014, 12:13:15 am
---fudgesicle--- the police.
Title: Re: Some arcade legality questions
Post by: Mr_Numbers on February 07, 2014, 01:28:07 am
So if multicades are illegal to profit from because they are unlicensed (bootlegs), then is it illegal to build your own cabinet but have it play legit JAMMA games inside for profit or do you need the original cabinet due to advertising policies or something? Say I made my own cabinet and put Street Fighter II inside of it and took quarters as credits, is this not legal? I am in the United States.

The MAME machine is 100% illegal no if and or buts about it (in the USA) irregardless of your usage.  If you have a legit PCB it would be legal to use (you didn't recreate the copyrighted game) although you need to check your local city, county, state and federal laws regarding the taxation (or permits) regarding using such devices for profit.  A good read about copyright laws regarding video games it the following link:

http://www.academia.edu/4415769/Copyright_Law_and_Video_Games_A_Brief_History_of_an_Interactive_Medium (http://www.academia.edu/4415769/Copyright_Law_and_Video_Games_A_Brief_History_of_an_Interactive_Medium)
Title: Re: Some arcade legality questions
Post by: ark_ader on February 07, 2014, 04:39:26 am
So if multicades are illegal to profit from because they are unlicensed (bootlegs), then is it illegal to build your own cabinet but have it play legit JAMMA games inside for profit or do you need the original cabinet due to advertising policies or something? Say I made my own cabinet and put Street Fighter II inside of it and took quarters as credits, is this not legal? I am in the United States.

The MAME machine is 100% illegal no if and or buts about it (in the USA) regardless of your usage.  If you have a legit PCB it would be legal to use (you didn't recreate the copyrighted game) although you need to check your local city, county, state and federal laws regarding the taxation (or permits) regarding using such devices for profit.  A good read about copyright laws regarding video games it the following link:

http://www.academia.edu/4415769/Copyright_Law_and_Video_Games_A_Brief_History_of_an_Interactive_Medium (http://www.academia.edu/4415769/Copyright_Law_and_Video_Games_A_Brief_History_of_an_Interactive_Medium)

Nice paper, but it only addresses the software of the game and not the operating system or the hardware to "play the game".  The paper deals with bootlegs and clones of software where the 60 and X scenario is correctly suited.  Having the game roms of Space Invaders and playing it in a MAME or similar emulator would not be illegal as the game was not copyrighted, or that the hardware was unable to source to play the software on. 

Most EULAs pertain to using software for commercial purposes, but if this type of EULA was non existent for a version of Donkey Kong for the Sega Genesis system, one could argue a licensing exception in civil court.  Emulators are not illegal for commercial use (Sony vs Connectix 2000) which would constitute fair use. 

Nice Try.   ;)
Title: Re: Some arcade legality questions
Post by: pbj on February 07, 2014, 09:52:34 am
Most pointless debate ever.  NOBODY CARES.  The companies do NOTHING to stop it.

 :cheers:
Title: Re: Some arcade legality questions
Post by: Hoopz on February 07, 2014, 10:34:07 am
irregardless 
Not a word.
Title: Re: Some arcade legality questions
Post by: JDFan on February 07, 2014, 10:45:58 am
irregardless 
Not a word.

Actually it is often accepted as a word and is listed in many dictionaries ! 

According to the WIKI :

Quote
In the last twenty-five years, irregardless has become a common entry in dictionaries and usage reference books, although commonly marked as substandard or dialect. It appears in a wide range of dictionaries including Webster's Third New International Dictionary of the English Language Unabridged (1961, repr. 2002),[4] The Barnhart Dictionary of Etymology (1988), The American Heritage Dictionary (Second College Edition, 1991),[5] Microsoft Encarta College Dictionary (2001), and Webster's New World College Dictionary (Fourth Edition, 2004).[6] The definition in most dictionaries is simply listed as regardless (along with the note nonstandard, or similar). Merriam–Webster even states "Use regardless instead."
Title: Re: Some arcade legality questions
Post by: DaveMMR on February 07, 2014, 11:07:28 am
Quote from: JDFan link=topic=137566.msg1420308#msg1420308

Actually it is often accepted as a word and is listed in many dictionaries ! 

The same dictionaries that added the likes of "D'oh" and "twerk" and "selfie" to their pages?

Dictionaries are only a mirror of our language, however proper or improper. Exercise discretion using those words in formal conversation (e.g. job interviews, etc.). 

Title: Re: Some arcade legality questions
Post by: Malenko on February 07, 2014, 11:18:09 am
79 Common Mispronunciations - mental_floss on YouTube (Ep. 21) (http://www.youtube.com/watch?v=xc6cfJztR8A#ws)
Title: Re: Some arcade legality questions
Post by: Mr_Numbers on February 07, 2014, 11:47:37 am

[/quote]

Sony vs Connectix 2000) which would constitute fair use. 

Nice Try.   ;)
[/quote]

Thanks for this bit of info, I retract my previous statement.  I wasn't aware of this precedent and after reading more about it I will agree emulation seems legal. 
Title: Re: Some arcade legality questions
Post by: pbj on February 07, 2014, 11:54:12 am
I wasn't aware of this precedent and after reading more about it I will agree emulation seems legal.

Yeah, not really.  What that product did was very narrow and it didn't contain anything infringing. 

Nothing to do with downloading copyrighted material and cracking encryption on the fly.

 :cheers:
Title: Re: Some arcade legality questions
Post by: Mr_Numbers on February 07, 2014, 12:05:04 pm


Yeah, not really.  What that product did was very narrow and it didn't contain anything infringing. 

Nothing to do with downloading copyrighted material and cracking encryption on the fly.

 :cheers:

Can you point to case law precedence because I'm not tech savvy enough to understand your difference?
Title: Re: Some arcade legality questions
Post by: Malenko on February 07, 2014, 12:14:29 pm
Can you point to case law precedence because I'm not tech savvy enough to understand your difference?

Connectix didn't use a sony bios to achieve their goals, as in you could use their product without needing a sony bios image. They didnt bypass any protections ( you needed the legit playstation game if memory serves), etc.

In the long run Sony won that battle, when they lost the court case Connectix sold them the software and they discontinued it.
Title: Re: Some arcade legality questions
Post by: ark_ader on February 07, 2014, 04:16:47 pm
irregardless 
Not a word.

Actually it is often accepted as a word and is listed in many dictionaries ! 

According to the WIKI :

Quote
In the last twenty-five years, irregardless has become a common entry in dictionaries and usage reference books, although commonly marked as substandard or dialect. It appears in a wide range of dictionaries including Webster's Third New International Dictionary of the English Language Unabridged (1961, repr. 2002),[4] The Barnhart Dictionary of Etymology (1988), The American Heritage Dictionary (Second College Edition, 1991),[5] Microsoft Encarta College Dictionary (2001), and Webster's New World College Dictionary (Fourth Edition, 2004).[6] The definition in most dictionaries is simply listed as regardless (along with the note nonstandard, or similar). Merriam–Webster even states "Use regardless instead."

I fix peoples' misspellings in my quotes for a laugh.   Where is our resident spell checker?
Title: Re: Some arcade legality questions
Post by: Mr_Numbers on February 07, 2014, 04:49:52 pm
I didn't realize my southern vernacular would create such turmoil.   :embarassed:
Title: Re: Some arcade legality questions
Post by: Dawgz Rule on February 07, 2014, 06:22:17 pm
Quote
Where is our resident spell checker?

OMG, won speling corexshun  an d louk wat happins...

I'm with PBJ on this...who cares?  By the way, PBJ you were correct on my TZ resetting issue.  One good cleaning of J101 and it has been rock solid.  Thx.
Title: Re: Some arcade legality questions
Post by: lilshawn on February 07, 2014, 07:02:20 pm
irrespective or regardless.

irregard or regardless.

not irregardless. ever.

the prefex ir- meaning "not" and the suffix -less meaning "without". the inclusion of both for a word is redundant. "Irregardless" would not have an antecedent either, making the word incorrect.

source: I'm not an english teacher or major by any means, but I paid attention in class.
Title: Re: Some arcade legality questions
Post by: ark_ader on February 07, 2014, 11:02:33 pm
Quote
Where is our resident spell checker?

OMG, won speling corexshun  an d louk wat happins...

I'm with PBJ on this...who cares?  By the way, PBJ you were correct on my TZ resetting issue.  One good cleaning of J101 and it has been rock solid.  Thx.

No I mean Shmokes.  He is always pulling the diction wings apart in these threads.  :lol
Title: Re: Some arcade legality questions
Post by: danny_galaga on February 08, 2014, 12:09:39 am

Haven't read through the whole thread, but the main thing (and it's probably been mentioned already) is you will need some sort of licence to operate the machine. This is for tax and safety reasons.
Title: Re: Some arcade legality questions
Post by: Dawgz Rule on February 08, 2014, 07:29:30 am
Quote
No I mean Shmokes.  He is always pulling the diction wings apart in these threads

 :cheers:
Title: Re: Some arcade legality questions
Post by: BobA on February 08, 2014, 02:08:17 pm
Around and around we go just as usual.  No Point to the discussion where there is no discussion. (of value)
Title: Re: Some arcade legality questions
Post by: lilshawn on February 08, 2014, 02:55:26 pm
Around and around we go just as usual.  No Point to the discussion where there is no discussion. (of value)

This is commonly referred to as the "Circle Jerk".

I'll let you google that on your own time.
Title: Re: Some arcade legality questions
Post by: ark_ader on February 08, 2014, 11:16:16 pm
Around and around we go just as usual.  No Point to the discussion where there is no discussion. (of value)

(http://blog.yoh.com/wp-content/uploads/debbie-downer.png)
Title: Re: Some arcade legality questions
Post by: jennifer on February 09, 2014, 01:16:48 am
  No point.... No point.... Really???.... Jennifer has to wash like 100 loads of laundry and cook a friggen chicken...No point, OMG !!!
Title: Re: Some arcade legality questions
Post by: ark_ader on February 09, 2014, 03:02:52 am
  No point.... No point.... Really???.... Jennifer has to wash like 100 loads of laundry and cook a friggen chicken...No point, OMG !!!

PBJ doing 100 loads of laundry?

 :pics