ULTRACADE Discontinued as of 9/01/05

[ChadTower]

Nuh uh.  You do it.

[Stingray]

As would EmdKay and many of the legitimate E-bay sellers.

EMDKay was selling images with Mr Do on them

That's what Foley claimed, but according to EmdKay it was the MAME logo that was the issue.

-S

[Crazy Cooter]

Nuh uh. You do it.

LOL.  I searched...  I didn't find anything to support your position.

[ChadTower]

Then take Stingray's word for it.  EMDKay didn't present very much of a case for himself, so all we really have is his word against Foley's.  No way to know what is true without seeing what EMDKay was selling for ourselves.

[Crazy Cooter]

HUH?!?  EMDKAY posted the email log.  What did Foley post?  Nothing.

[ChadTower]

Foley posted here that it was the Mr Do IP that was the problem.

[Crazy Cooter]

I'm not seeing where Foley says EMDKAY was selling Mr DO!  Am I missing it?

[Stingray]

This is as close as I can find:

We did not try to "squeeze" money out of anyone.  We own several character rights including Mr. DO!, and we have offered companies who wish to use them an opportunity to legally license them for reproduction.

We work closely with the MAME team to ensure legal use of the MAME emulation system, and proper sales of products that have only legal copies of ROMs. 

Anything else reported is misinformation.

Gotcha.  So just so its clear, you are saying that what emdkay said is untrue.  You did not say he needed to pay royalties for using the MAME logo?  You told him he needed to pay royalties for printing Mr. Do?

davidrfoley, could you please respond to my follow up, I just don't feel like you gave a firm answer to the subject.

In the next post Foley said:

You are correct.

Which I guess is him saying that EmdKay lied and Whammoed was correct in assuming that it was Mr. Do and not the MAME logo that initiated the C&D. Of course you could also see it as Foley admitting that Whammoed was correct in that he (Foley) did not give a firm answer.

-S

[ChadTower]

I would swear it was also Foley who initially brought up Mr Do being the issue earlier in that thread, but I'm too lazy to look for it.

I just don't feel like debating this issue anymore.  I have master debated too much.

[Havok]

Mr. Do stinks -  Dig Dug is better!

[Stingray]

I would swear it was also Foley who initially brought up Mr Do being the issue earlier in that thread, but I'm too lazy to look for it.

His statement: "We own several character rights including Mr. DO!", was the nearest I could find. He definitely says that he owns the rights to Mr. DO!, and he sort of says that EmdKay was printing Mr. DO! stuff without permission, but as I said, you could also take what he said as admitting that he's not giving any firm answers.

-S

[Tiger-Heli]

Stringray is correct as I remember it, but MaximRecoil also posted this (which EMDKAY had posted earlier):

Quote
I'll say it one more time.  The MAME team did not respond to our requests to stop the illegal distribution of MAME on commerical products.  They did not enforce thier trademark, nor thier license agreement.  We took steps to ensure that the TM was enforced and that commerical distribution of MAME was only with a licensed ROMs.

That's all you did, huh?

This was posted earlier (from emdkay):

Quote
My email correspondence with Mr David Foley:

Message #1:

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. 

My reply to message #1:

I remember looking up the Mame logo and it had a "dead" indicator
meaning it wasn't registered.  I just print arcade marquees for enthusiasts'
cabinets.  What information do you need from me, or what are you
requesting?

Regards,
Brent Bilis





Message #2:

It's not dead, and we own it.  If you would like to pay us a royalty on the
graphics that you print, then we could probably come to some compromise.

My reply to message #2:

What type of fee structure are you considering? 

Regards,
Brent Bilis





Message #3:

What do you sell them for, what is your cost of goods?

My reply to message #3:

I see that your status on the Mame logo as a trademark is only pending, and has not actually been granted...

Your response to that was:

Quote
Cooter, the exchange you quote is incomplete and taken out of context.

Just stating "incomplete" and "out of context" is just a whole lot of hand waving. You have to show the actual [alleged] "true" context/completeness and how it affects the meaning of your statements. Here is an example:

Quote
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.

Now, you could have said something like this in response:

"Sure, I sent you that email, but you forgot to include the next line where I said "HAH! JUST KIDDING!"

See how that works Foley? Now, how about you enlighten us all in regard to the proper context and completeness of that email exchange which will magically transform plain English into something else?

This is pretty clearly mentioning MAME not Mr.DO!, and I have never heard UltraDave say anything except "out-of-context" without any further explanation.

[Stingray]

This is pretty clearly mentioning MAME not Mr.DO!, and I have never heard UltraDave say anything except "out-of-context" without any further explanation.

Nor have I.

-S

[ChadTower]

Yep... we had decided that it was probably shady, though plausibly simple incompetence because we only have one instance.

[fiscap]

C'mon - let's be sensible about all of this. Who in their right mind is going to buy anything from a guy that looks like this?

[Crazy Cooter]

Foley said "out of context", then EMDKAY asked "how so?" and Foley quit talking about it.  He's avoided several questions like that.  That's how the "misinformation" thing started with me.  I posted and he cried "misinformation!" without answering/clarifying anything.

[whammoed]

Most of Foleys responses on the matter reminded me of a politician.  Think the Clinton/Lewinski deal.
It depends on how you define context...

[DrewKaree]

* DrewKaree looks around

"sooo.......how about that President's Cup and everything?"

"wait....wait, put down the golf club.  I didn't mean anything by it.  No!  NOT THE HORSE, FOR THE LOVE OF PETE, NOT THE HORSE!  NOOOOOOOOOO!"

[Havok]

* DrewKaree looks around

"wait....wait, put down the golf club.