Discussion: Ultracade and the Mame Trademark

[Crazy Cooter]

I agree with RayB.  It's nice to see an operator around here. (that sounds matrixy)

I would think that the update cd's would have to have something relating to MAME (assuming it is) on them.

Interesting to say the least.

[daywane]

are you saying I can not buy a hard drive off ebay and use software to find out what was on that drive. why not? I bought it off a individual not a companies.
especially if the drive was broken and I went through it to fix it.

I am not claiming to be an expert by any stretch of the imagination, but I am pretty sure the US DCMA prohibits bypassing mechanisms such as encryption and keys intended to protect software, music, etc.

I don't think it takes into account how you acquired the content to begin with.

true but DVDs are encrypted so are Cd's but we are allowed to back it up. I am not saying sell the info or even give out the Roms. But I really think if I bought his system I have every right to check into its workings , if I so want to. I can even tell people what I found . Just not pass out the product so the other persons

[Gunstar Hero]

Screw what's prohibited.

I wanna see what's in there!!

Mr. Ultracade started this fire. I'd love to see him burn in it.

I'm happy/sad at the same time that no one on these boards owns an Ultracade unit. 

[IntruderAlert]

If this topic is all about M.A.M.E. why has it been hidden down in the "Everything Else" section? 

MOVED: Discussion: Ultracade and the Mame Trademark

This topic has been moved to Everything Else.

http://forum.arcadecontrols.com/index.php?topic=32730.0

[SirPeale]

Hidden?  This forum gets more views because of generally off-topic banter.  And this isn't a Mame board, this is a board for Building Your Own Arcade Controls.  Technically, it's always been in the wrong forum.  The important work of getting the word out is done now, so the thread has been moved.

[SoundDoc]

Did You Know:
HyperWare (owned by Foley), seems to supply computers to Ultracade (owned by Foley) and Arcade Legends (owned by Foley).

[1UP]

I called up a guy who makes an interface board I want to use in my cabinets, and somehow the topic got around to Ultracade.  I told him what was going on with the TM issue, and he said "David Foley, right?  That guy's a pain."  Apparently, Foley makes a habit of stealing other people's ideas.  He stole the design of this interface board, and used it in Ultracade.  A patented design.  I think with a little digging, his entire company could be ripped to shreds if everyone who he stole from would sue.

I'm just waiting to see a rotating version of Ultracade pop up...

 

[Crazy Cooter]

So THAT's why his businesses keep changing names.  He just rips people off and changes the sign in the window so he can do it all over again.

Boycott Arcade Legends, Ultracade, Chicago Gaming, HyperWare, NexTune... did I miss any?  Boycott David R. Foley!

You guys with sites shouls remove hyperlinks to ultracade.  I have to type it like 300 times to equal one link for the search engine ranking.  Point to copies of what he's said instead of what's on his site (since those "letters" change daily anyhow).

I really really urge everyone to press charges/sue if you can.  If you don't know, talk to the police or do a free consultation with a lawyer.  Let's make this the last time Foley screws people over.

[Megaweapon]

I'm going to abide by the MAME team's wishes and keep things on the DL for now, but if their negotiations don't go well...

Let's just say this discussion won't be relegated to the domain of forum posts.   

[quarterback]

So THAT's why his businesses keep changing names.

[KevSteele]

Quantum 3D?

Holy $#!7!

They're the people that trademarked the phrase "MAMEframe"! 

http://www.quantum3d.com/company/trademarks.htm

(RetroBlast! would have possibly been known as "MAMEframe.com", were it not for Quantum3D trademarking the phrase first...in fact, they even had the mameframe.com domain for a while, but now it looks like they've let it go.)

Quantum3D is in the same zip as Foley, are listed as the ones registering Ultracade, but their own Whois info lists a different street address and contact (Ed Lopez)

This is looking more and more questionable the more people dig...

Kevin

[quarterback]

I did some more lookups and one of Quantum3D's street addresses (I can't remember which) also shows up as belonging to Apptitude, Inc. (apptitude.com)

[Crazy Cooter]

LOL!

[IntruderAlert]

Go HERE and search for Ultracade or Foley

[Crazy Cooter]

Interesting Points:

http://www.quantum3d.com/press/pdf/archive/pr_9-21-00.pdf
Mentioned on The Howard Stern Radio Show
"

[KevSteele]

There's some good clarifcation on the history of Ultracade here:

http://www.retrogames.com/cgi-bin/wwwthreads/showpost.pl?Board=retrogen&Number=81492

To quote:

"Brief history of Ultracade: 3dfx's spinoff Quantum3D developed and sold it for a while, then dumped it off to HyperWare, Inc., which was an embedded-PC company run by David Foley. HyperWare marketed it for a while (using their own PCs as the hardware platform) and then went Chapter 11. Foley eventually decided to take another swing and formed UltraCade, Inc., which is the current company marketing/maintaining UC). Quantum3D is still in business, BTW, but they've moved *way* upmarket."

I remember Quantum3D as being the company that developed the Obsidian, a quad-3dfx chip graphics card (I think that's right - been a while).

Anyway, Ultracade Inc. is the current company run by David Foley, and it doesn't look like there's any current connection to Quantum3D (which is still alive and kicking).

Kevin

[Crazy Cooter]

Judging by his resume, Foley was working at Quantum 3D when that sale took place.  Looks like he took it and ran with it.  Might have been to cover his tracks.  I still don't understand why they would only apply for a patent for part of the software and not the whole package.  There's something hiding in that there ultracade.

[IntruderAlert]

Here's the web archive from back in November '02 when they went belly up
http://web.archive.org/web/20021128033703/http://ultracade.com/

[quarterback]

Anyway, Ultracade Inc. is the current company run by David Foley, and it doesn't look like there's any current connection to Quantum3D (which is still alive and kicking).

Except they're still listed as the registrant of ultracade.com

[IntruderAlert]

you can take a look at the history of hyperware through the internet archive
HERE

[IntruderAlert]

I'm not sure if this article was mentioned already but here's one that shows how Happ Controls was involved in getting Ultracade back on it's feet:
http://www.casbox.com/Stinger/Sting130.html

THE STINGER REPORT #130




Ultracade Helped Back Into Ring

Word on the Street
As Hyperware ended their investment in the amusement sector, and dropped their 2,500 unit selling Ultracard retro kit and cabinet PC endeavors, industry philanthropist, Happ Controls, building on their Midway acquisition has stepped up to become the company's new controller.

The agreement will see the sales and manufacture of the Ultracade and any Graphite arcade PC's handled exclusively through Happ Controls. The Ultracade has proven more of a proposition to operators in its kit variant, though it is expected that a few upright cabinets will be manufactured. The remnants of the technical team retained by bankrupted Hyperware parent Quantum3D have privately agreed to support the Ultracade through a shell company called Ultracade Technologies. There are a number of pet projects that they would like to investigate along with additional game packs.

This will be the second indirect Midway acquisition that Happ will have acquired as they already run a number of kit versions of Midway "old Gold" (Invasion and Area 51), while the Ultracade runs a number of Midway titles. The return to the amusement sector, no matter how much supported by Happ, there is one issue that has followed the operation that looks set to be a constant issue in their new guise.

For those that have not followed the Stingers coverage of the Hyperware operation it is best to say that the company has attempted to present an amusement face to a sector of the hobby / consumer games market that has affected the arcade market. The Retro revival (playing of classic arcade games on home systems) has exploded on the playing scene since the late 90

[IntruderAlert]

Kevin posted this update a couple days ago but somehow I missed it:
http://www.retroblast.com/index.php#

The Waiting Game

3/2/05: Another follow up. Posting the following is still illegal:



As are posting the following phrases:

MAME

Multiple Arcade Machine Emulator

Where Things Stand

As far as I know, the Trademark Application on the MAME phrase and logo made by David Foley of Ultracade has still not been withdrawn, despite his assurances that it would be.

Aaron Giles (part of the MAME development team) is taking steps to get the trademark assigned to Nicola (the founding father of MAME), and this is a good thing (still not trademarked by Martha Stewart).

Mr. Foley wanted assurances that the MAME logo would not be used commercially, and as far as he is concerned this whole fiasco is a great success. He got what he wanted, or so he claims.

I've got to admit I'm curious as to the level of "cooperation" given him by the MAME development team, since they really owed him nothing (but might have had to prove that through the use of a lawsuit, always an expensive proposition).

The Future of MAME

[daywane]

sounds like we are in need of some lawyers and get to see a judge?
Pas me the hat. I will chip in. Lets bleed Foley dry. We are many he is one.
Dave Foley must worship Bill Gates , he sure acts like him.

[IntruderAlert]

...and remember

"We are concerned about the commercial marketplace, and not the readers of the many MAME user groups and forums." - David R. Foley

http://www.gamasutra.com/php-bin/news_index.php?story=4992

[Crazy Cooter]

"If people want them legally, they'll get them from us."- David R. Foley
Scary.  The dude has a complex.  Hasn't anyone sued him or pressed charges? 

"we have accomplished what we set out to do."- David R. Foley
Yeah, they've illegally closed down all competition.

Boycott Ultracade & Arcade Legends!

[mr.Curmudgeon]

  Here are the floorplans to the bldg.  And from this arial photo, it looks like it's only a 1-story bldg. 

ROFL! This moron Foley really picked the *wrong* community to f*ck with! Freakin' floorplans & aerial photos! hahaha...

I'm going to abide by the MAME team's wishes and keep things on the DL for now, but if their negotiations don't go well...

Let's just say this discussion won't be relegated to the domain of forum posts.

Screw Foley. He's not giving any ground. His goal was to steal the MAME trademark then force it on Nicola WITH RESTRICTIONS. It looks like he'll accomplish that goal. We need to act now. He has already made it apparent (from Kevin's article) that he wants to destroy the M.A.M.E. community and funnel all the profits to HIMSELF. All Nicola's hard work FOR FREE!!!!, and then some scumbag like Foley comes along and reaps the monetary rewards. GOD I HATE THIS GUY!!!

Foley must be stopped. I will GLADLY contribute to a defense fund for the MAME team...if anything, my money is better spent there than on joysticks and particle board. MAME has really giving us all a *LOT* of joy, we should make Foley pay dearly for trying to steal it all for himself. iROMS is fools errand. It's not even an original name (iTunes, iROMS, WTF??) Foley will never "stop all piracy"...does he think he's bigger than the RIAA?

It's a blatant money grab from an already shady "business" man.

Doesn't anyone on this forum have contacts w/ a good trademark lawyer who'll advise for little or no cost? A friend, brother, sister, acquaintance? I'm going to follow some leads and see if I can't dig somebody up myself.

mrC

[IntruderAlert]

..you know
that really is a great quote
I'm changing my sig too

if anyone wants my old sig
it's right here http://img146.exs.cx/img146/48/ultrathief5qv.jpg

[IntruderAlert]

MUGSHOT



...he writes poetry too:

Happiness and Sorrow

 

Our time away brings heaviness upon my heart.

I breathe the air, but am missing a vital substance.

 

My heart is longing for that special feeling that only comes from time together.

I think a million thoughts of you throughout the day,

days that without you seem to last forever.

 

Joy and Comfort are the most prevalent feelings that occupy my soul.

I gaze upon your image, and think of all that is wonderful and kind.

 

A warm sense of calm washes over my body as I dream of times together.

A cold shiver tightens my skin as I realize we are apart.

 

I long for day when once again we can breathe the same air,

And until that day happens,

just know that you are always with me.

 

David R. Foley, 2001

Copyright

[daywane]

[quote author=mr.Curmudgeon link=topic=32730.msg284627#msg284627

Doesn't anyone on this forum have contacts w/ a good trademark lawyer who'll advise for little or no cost? A friend, brother, sister, acquaintance? I'm going to follow some leads and see if I can't dig somebody up myself.

mrC

little on no cost?
we can pitch in a get a good lawyer. BIG $$$$$
you get what you pay for.

[Gunstar Hero]

Wow, this just gets more and more surreal.

I can't wait to read about the failure of "iRoms" or whatever his new scheme is.

MAME people already have thousands of games, who's he gonna sell his hundreds to?

The average mom'n'pop PC user? Riiiiiiiight. They're not gonna go through the trouble of setting up an emulator. MAME noobs? I think not... most of them only want newer, better bigger faster games than MAME really emulates. MAME users (like us?) We already have thousands of games. 

And for the few of us who thirst for legit ROMs, I think he may have burned that bridge with his underhanded business tactics and arrogance. "Oh, you WILL do business with US!"

Yeah, right, whatever... get stuffed Mr. Ultracade.

[IntruderAlert]

You really shouldn't say such things because:

"In the end, you will review our iROMs service, and talk all about it. You won't have a choice as it will have a huge impact on the community and you wont' want to be left out. I don't care if you don't review it, or even mention it, your participation will have no impact on it's success." - David R. Foley

http://www.retroblast.com/index.php#

[KevSteele]

You really shouldn't say such things because:

"In the end, you will review our iROMs service, and talk all about it. You won't have a choice as it will have a huge impact on the community and you wont' want to be left out. I don't care if you don't review it, or even mention it, your participation will have no impact on it's success." - David R. Foley

http://www.retroblast.com/index.php#

I'm waiting for the "Review Police" to come to my door, knock it down, and force me to write a review of the iROMs service at gunpoint...because, honestly, that's the only way it's gonna happen now...

Kevin

[rchadd]

so how is he going to stop roms being freely available via bittorrent???

cant someone just go round and punch that smug smile off his face?

[IntruderAlert]

"We are concerned about the commercial marketplace, and not the readers of the many MAME user groups and forums." - David R. Foley

http://www.gamasutra.com/php-bin/news_index.php?story=4992

(To Kevin)
"In the end, you will review our iROMs service, and talk all about it. You won't have a choice as it will have a huge impact on the community and you wont' want to be left out. I don't care if you don't review it, or even mention it, your participation will have no impact on it's success." - David R. Foley

http://www.retroblast.com/index.php#

When comparing these two quotes from David R. Foley it's quite apparant that this guy has no idea what he's talking about.

[Goz]

so how is he going to stop roms being freely available via bittorrent???

cant someone just go round and punch that smug smile off his face?

He's local to me, but he seems like the type that would take my house after he got out of the hospital and I'm not down with spending any more time in jail. 

-Goz

[Crazy Cooter]

lol.

Simple assault = Huber, unless you have priors.

[daywane]

He has balls... I must give him that.
He is stupid as a box of rocks.

[IntruderAlert]

iTunes and other downloadable music services would have never made it without the iPod and other portable players

since he's calling it iROMs i'll bet he'll be targeting mobile phones with it

[daywane]

I hope some one here is in contact with the Mame people. Is it time to give cash yet?
I am ready to help. I would prefer to offer my help as a thug.
I am sure they want no part of that , so lets hire a lawyer as a thug

[Patent Doc]

Doesn't anyone on this forum have contacts w/ a good trademark lawyer who'll advise for little or no cost? A friend, brother, sister, acquaintance? I'm going to follow some leads and see if I can't dig somebody up myself.

OK, I can't break any ethics rules, so I'm not gonna advise who to use nor tell you which firm is mine...and I'm certain it won't be free (I'd do the work for free, but I've never done trademarks stuff (I only do patent work) so you'd be better off paying someone who knows what they are doing), but these are some of the BIG boys of IP.  If you want patents, trademarks, copyrights, or litigation dealing with the above, these are your firms

Fish and Richardson
Sutherland Asbill and Brennan
Fish and Neave
Needle and Rosenberg
Kilpatrick Stockton
Morris Manning and Martin
Merchant and Gould
Alston and Bird
Finnegan, Henderson, Farabow, Garrett and Dunner
King and Spalding
Womble Carlyle
Jones Day

Any one of these firms can duke it out with anyone in the world and win.  Some have more trademark experience and some are better at litigation, but all of the rock.

By the way, if we start taking up a collection, count me in.

Patent Doc