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Ultracade send Cease and Desist letter
Crazy Cooter:
--- Quote from: IntruderAlert on May 12, 2005, 01:04:11 pm ---WOW!!! Those forums are just TEAMING with activity!!! :D
--- End quote ---
LOL. Everyone I read was some kind of gripe with a fairly rude response by Foley.
Until I see the C&D letter, there's not too much to comment on. BUT... Foley can't enforce anything that isn't his.
SirPoonga:
--- Quote from: DreamArcades on May 12, 2005, 11:20:58 am ---It also states that I need to stop selling all products utilizing MAME
--- End quote ---
Like Peale said, we'd have to look at the letter,t hough you may want a lawyer to look at it first.
Is Mr Ultracade the MAME police?
Goz:
--- Quote from: Stingray on May 12, 2005, 12:30:19 pm ---Clearly Mr. Ultracade didn't learn a lesson the last time he fired off a round of S&D letters. This guy is a world class anus.
-S
--- End quote ---
Yeah I was thinking Mr. Foley stinks... Anus is likely the best description.
It would seem to me with his skewed perspective that anyone that has actually released a arcade pack like Revenge of Arcade (Microsoft) would be the unfair compentition. Maybe if the deuchebag sold empty cabs then it'd be an apple to apples comparison. Different product, different target sales, etc.
-Goz
Chris:
The problems you're going to run into are the software and the art. Neither MAME or WinCab Jukebox are licensed for commercial use (I've turned down all of the requests I've gotten to include it in cabinets; I didn't realize you were including it in yours). If you can get a resale license from StarROMs and MAME, though, Foley won't have a leg to stand on. I'm pretty sure you don't have a license to use the Nintendo characters in your coctail sideart, since Nintendo is so anti-emulation. The MAME logo is now trademarked by the MAME team and you'll need to get permission for that as well. This is the crux of Foley's argument for unfair competition: he's had to pay royalties and license fees, and you're using these art assets and software without paying for the same licenses and royalties.
Also, as far as the games go, you seem to encourage users to download illegal ROMs in your FAQ. Before any lawyers get involved, you may want to change the language to only point people toward StarROMs for their additional ROM needs.
If you do get an attorney, you're going to need to make sure you're clean on these issues so Foley can't use them against you.
Note that I am not a lawyer, nor do I play one on TV.
--Chris
RayB:
Ignore it for now. But you should still "get your ducks in a row", so to speak.
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