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Discussion: Ultracade and the Mame Trademark
Daniel270:
I just can't wait to see all the lawsuits line up for lost business ;D starting with emdkay, MAMEMarquees and Dream Arcades
Crazy Cooter:
I've been doing some research through federal publications & it looks like the MAME art logo is copyrighted by the original person that made it.
http://www.copyright.gov/circs/circ1.html#wccc
"Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright."
It falls under:
"pictorial, graphic, and sculptural works"
FYI:
"The 1976 Copyright Act defines publication as follows:
"Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending."
"Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin."
To register a work, send the following three elements in the same envelope or package to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
A properly completed application form.
A nonrefundable filing fee of $30 for each application.
--
So whoever made that graphic needs to send $30 in and then file an infringement suit against Foley. The suit will allow collection of all lost money. (like the money Emdkay and those other guys were *ahem*about to start paying for using that graphic). That will allow the printer guys to also file an infringement suit. That assumes that they have come to an agreement regarding royalties to the original author. I thought I heard a rumor it was like $30 or something. ;) I'm sure ya'll can work something out.
For additional information, request Publication No. 563 "How to Protect Your Intellectual Property Right," from: U.S. Customs Service, P.O. Box 7404, Washington, D.C. 20044.
mr.Curmudgeon:
--- Quote from: APFelon on March 06, 2005, 04:31:25 pm ---Y'know, after everything is said and done, I'm not to worried.
--- End quote ---
I think the thing a lot of people are missing here is the very real chance that Foley will bring the original ROMS owners sniffing around, since he's screaming so loud about profit and that may put a real chill into developers.
What I see happening, even after iROMS meets it's inevitable end, is that further progress on MAME will no longer be viable for Nicolas and the rest of the MAME dev team. It will just be too risky for them to continue, given the possible threat of lawsuits from ROM license holders. MAME exists, and has thrived, because no one else cared about the ROMS. Now that Foley has started the shakedown, it seems like only a matter of time before other morons are trying to bleed the community.
So sure, we'll be able to download all the current MAME roms from newsgroups, or whatever. We just won't see new games added anymore...and the program will go stagnant. They *may* even have to start cutting games out, so future versions of MAME may have *less* and less games, as opposed to more and more.
I hope I'm wrong.
mrC
Crazy Cooter:
I think you're right Mr. C. MAME has been creeping closer to ROM's that people "care about". Most of the "old" games are lost regarding who owns what. The newer games however... everyone knows who owns the rights to GT...
That's exactly why Foley's "business model" can't work. He can send letters and try to shut sites down, but people just have to request proof of ownership.
He's already admitted that he isn't selling the "actual" roms, because he said his won't work with MAME. So that means people can buy "his version" or get the real thing for free. That's why none of this has been pushed real hard before, there's no profit in it. Foley just thinks he can force one. ::)
Boycott Arcade Legends and Ultracade
DrewKaree:
--- Quote from: APFelon on March 06, 2005, 04:31:25 pm ---
If I were to make a wager, I would bet that his iRoms idea will sink faster than a solid gold boat filled with lead. It's as though he shot himself in the foot, and not satisfied with the results, proceeded to shoot himself in the kneecap, hip, torso, chest, neck, head and arms.
I'm really, really interested in the endgame. I'll pop the popcorn, you bring the beer.
--- End quote ---
* DrewKaree has his wife looking at him like he's deranged, he's laughing so hard ;D
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