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Ultracade send Cease and Desist letter

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danny_galaga:

--- Quote from: Santoro on May 12, 2005, 10:38:13 pm ---
--- Quote from: danny_galaga on May 12, 2005, 10:30:04 pm ---bear in mind that you cant buy and sell starroms...

--- End quote ---

This gets said a lot.

I verified personally with StarRoms that a seller CAN buy the ROMs under the customer's name as long as he doesn't mark them up.
--- End quote ---

APFelon:

--- Quote from: Chris on May 12, 2005, 04:32:01 pm ---If you keep kicking a cornered dog, he's going to bite.  Do we really want to encourage Foley to throw legal types at our hobby?  Making trouble on his forum is extremely counterproductive.

--- End quote ---

While I agree with your sentiment (causing trouble usually leads to trouble), sicing lawyers over hill and yon costs just as much money as defending against them.

I'd bet all Dave has is a stack of C&D letters and a fistful of hopes.

I saw this exact same thing when Amiga Inc started squirtin' about some 15 year old games on some Hungarian website... they also badgered Spanish porn sites about defaming the trademarked name "Amiga" (despite the word's meaning in Spanish).

I doubt Dave is a millionaire, so this is all a bunch of hokum.

APf

Crazy Cooter:

--- Quote from: Patent Doc on May 12, 2005, 11:20:26 pm ---http://www.law.cornell.edu/topics/unfair_competition.html

--- End quote ---

Thanks Doc.  I'd say (not being familiar with this stuff or being a lawyer), that the only part of that Foley could really stand behind is the "misappropriation: unauthorized use of an intangible assets not protected by trademark or copyright laws".  Of course name one company you couldn't use that against...

Lilwolf:
btw, if you DO use mame's name and links to illegal mame roms online, you REALLY need to remove them.

But since you can buy legal arcade cds that play 10-15 different games for 2-10 bucks in different locations.  You should probably install them for free on each PC.

Next... I would ask (after cleaning up your site) the mame team for permission to install MAME on your cabinets if you don't advertise it, and only put on the free roms you can download from their site...  Plus add in the instruction manual the link to star-roms..  If you get permission (and do it nice and legal) you will have a easier case in court.

But remember.  You ARE making money on mames name if you use mames name... or say runs thousands of classic arcade games (unless you find another emulator to do that).... You should REALLY consider cleaning up the act.  I don't believe anyone who is buying your cabinets have never heard of mame.... or the ones who haven't wouldn't care about
using a arcade collections CD instead.

LAST - I would MAKE sure its OBVIOUS its for home use only on your website...  This IS foleys case here (the unfair).  Because he is paying to have legal roms to be put on his machines for buisiness use.  His cabinets can be put in an arcade legally.  And that is the unfair aspect that he is paying someone where you aren't.  If its cutting into his arcade owner clients sales, and it is illegal, he might really have a case...

Back to what Saint said.  Pay a lawyer for a few hours.  Cost a bit but will be worth it.

And last... I wouldn't take Folley on head on.  He probably is looking for a test-case.  Expect that he has copies of your website as of today.  The best case would be for him to ignore you from this point on.  If you clean up, talke to a lawyer..  And he believes that his case isn't going to go well and he doesn't continue it... it WILL be in your best interest (unless you really don't have any links to roms ect)

stevodevo:
Um, I'm thinking that if I were DA, I might've updated my website by now...

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