UltraCade wins AMOA 2005 Innovation Award

[MaximRecoil]

At the very least, this Foley guy is an extortionist (by definition; not necessarily in the legal sense). There is more about him and his actions that is objectionable but he has already 'fessed up to extortion; and apparently thinks it is something to be proud of...or something.

[Crazy Cooter]

I should point out to people that when the MAMEdevs registered for their trademark, they didn't register the logo.  Because it isn't theirs either!  It's a copyrighted image that was done a long time ago by someone else.  THAT is the image that Foley claimed when he registered his trademark application.  THAT is the logo discussed here where Foley wants royalties from EMDKAY:

Quote from: emdkay on February 21, 2005, 10:37:27 AM
My email correspondence with Mr David Foley:

Message #1 [From Dave Foley]:

Comments: Your use of the MAME name and MAME logo is a violation of our registered trademark (USPTO Reg # 76627578).  Rather than proceed with legal action against you and your company, and getting lawyers involved, we would like to resolve this directly.  Please contact me by Wednsday to discuss.  David R. Foley, CEO UltraCade Technologies.

That's (part of the reason) why Foley's trademark application would never have been approved.  Not only was he claiming the program the MAMEdevs did, he was claiming the image which an artist did.  He also was after Oscar for distributing the image even though he had permission from the artist to distribute it on his site!

[M3talhead]

I'm still waiting for Foley to provide a counter to emdkay's transcripts.......

[menace]

keep waiting--he was asked repeatedly several pages back and as of yet has not provided documented proof of his side of the argument.  In my mind this means no excuse or rationalization is possible and that EMDKAY's version of events is in fact the ACTUAL version of events.

I'm also inclined to believe that crazy cooter's evidence flies in the face of pretty much everything foley has said since joining this board.

[Tiger-Heli]

keep waiting--he was asked repeatedly several pages back and as of yet has not provided documented proof of his side of the argument.  In my mind this means no excuse or rationalization is possible and that EMDKAY's version of events is in fact the ACTUAL version of events.

I'm also inclined to believe that crazy cooter's evidence flies in the face of pretty much everything foley has said since joining this board.

I have been inclined to believe that for a LONG time.

[Bones]

I think we can all agree that Mr Do sucks, no matter who owns it.

I also disagree. I think Mr Do is a great game. I am always profiting from the selling of this rom to friends and people I meet in the street.

[JoyMonkey]

I think we can all agree that Mr Do sucks, no matter who owns it.

I also disagree. I think Mr Do is a great game. I am always profiting from the selling of this rom to friends and people I meet in the street.

It makes me sad to hear of Mr.Do being pimped like a cheap ho.
Seriously though, I've had a lot of PCBs come and go over the last few years, but Mr.Do! is the one game PCB that I regret selling (think I let it go for $50- what was I thinking?) and there's not many among us that don't consider it a classic.

[rchadd]

Mr Do is a pile of Poo in my opinion

I liked the quote further up the thread something along the lines....

"A turd wearing a bowtie is still a turd" hmmm who could that be?

Maybe we'll see an Ultracade Mr. Poo game soon?

notice that seems all existence of foley has been erased from the ultracade website - no longer we see his grinning face

[RayB]

That's (part of the reason) why Foley's trademark application would never have been approved.

[Crazy Cooter]

He didn't claim the program, just the name.

That's what I meant.  He was laying claim to their title.  He couldn't take their program, but he was trying to take the name of their program.

Believe me, I know what the difference is between trademarks, servicemarks, patents, & copyrights.  There is no "grey area" in the application.  Read the fine print on the application request:

[Stingray]

I'm no lawyer, but if you sign a piece of paper claiming that something that you know is not true to be true, is that not illegal?

-S

[ChadTower]

I'm no lawyer, but if you sign a piece of paper claiming that something that you know is not true to be true, is that not illegal?

Depends on the document.  The law has so many contingencies.  He definitely would not have been awarded the trademark, but applying for it is not illegal to my knowledge since no one has previously applied for it.

Now, had he mispreresented his identity, or some other fact to which that posted statement applies, that would be illegal.

[Tiger-Heli]

I'm no lawyer, but if you sign a piece of paper claiming that something that you know is not true to be true, is that not illegal?

-S

Ummmn, if the paper says that "willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001 . . ." then, yeah, I think so . . .

[ChadTower]

The thing is, that statement is meant to refer to the immediately provable information he is providing.  It applies to stuff like his name, his social security #, his business, etc etc.  When the language comes around to the MAME mark, it starts using more subjective language.  THAT is the legal difference.

You can prosecute someone for giving a false social security number.  You cannot prosecute them for saying they believe they are entitled to that trademark since belief has no direct bearing on fact.

[Crazy Cooter]

You can be prosecuted for lying to the Federal Government.  It doesn't matter what document it is.  The statement is at the bottom of the application and covers the application as a whole.

Foley signed saying he didn't know that anyone had rights to it when he did know that someone else had rights to it.

http://games.slashdot.org/article.pl?sid=05/02/21/0415209&tid=203&tid=17&tid=10
Update: 02/21 13:26 GMT by T : UltraCade Technologies CEO David R. Foley contacted Slashdot with an emailed explanation of the filing, reproduced below at his request.

... In the past couple of years, there has been a huge wave of resellers competing with our UltraCade and Arcade Legends products. They build a similar style cabinet, install a PC in the machine, load M.A.M.E., and sell it for a very low price.

[Thenasty]

I say D.F is still full of IT ....

[ChadTower]

You can be prosecuted for lying to the Federal Government. 

People rarely are... people within the gov't lie constantly.  Recently Rafael Palmeiro stood before congress and pointed a finger at them, saying he had never used steroids.  Weeks later he failed a steroid test.  He hasn't been prosecuted and likely never will.

Can, and actually are, are not the same, unfortunately.

[Crazy Cooter]

Agreed.

[M3talhead]

You can be prosecuted for lying to the Federal Government.

[ChadTower]

Tell that to a U.S. servicemember.......

Service men and women are held to a different standard.  They are actually accountable for their actions, unlike pretty much everyone else in the US.

[M3talhead]

Tell that to a U.S. servicemember.......

Service men and women are held to a different standard.

[ChadTower]

That's just the infection talking.  You didn't powder your feet.

[hulkster]

mr. foley....

i really dont care about the all the threads and legality and what you did and didnt do.  the main thing is...

something was completely innocent and FREE, and you screwed around with to make money on it, and messed it up for everyone else. 

whether its legal or not, it still sucks either way you look at it.  sucks for us, maybe not for you.