Main > Main Forum
Hope this isn't a taboo topic
RayB:
--- Quote from: More Cowbell on January 19, 2006, 03:03:57 pm ---When a company goes under or is absorbed and makes no attempt to control the rights of the games they created, do the games not become public domain at some point? I mean, it would be great if we could get these roms legally by paying a (small) fee, but many of the companies don't exist or have the ability to make a decision to go this route.
--- End quote ---
It very very VERY rare that a company closes and its assets don't get bought or transferred to some party. Yeah, the owner might just sit on what they have (or not even really know what IP they own) but that doesn't make it public domain.
MikeQ:
I realize that doesn't make it public domain. I just think it would be ironic if the companies who have the legal ownership of these ROMs don't actually physically retain them.
Tiger-Heli:
--- Quote from: RayB on January 19, 2006, 03:58:13 pm ---
--- Quote from: More Cowbell on January 19, 2006, 03:03:57 pm ---When a company goes under or is absorbed and makes no attempt to control the rights of the games they created, do the games not become public domain at some point? I mean, it would be great if we could get these roms legally by paying a (small) fee, but many of the companies don't exist or have the ability to make a decision to go this route.
--- End quote ---
It very very VERY rare that a company closes and its assets don't get bought or transferred to some party. Yeah, the owner might just sit on what they have (or not even really know what IP they own) but that doesn't make it public domain.
--- End quote ---
And I believe (but IANAL) that both companies then own the copyrights.
For example - I develop a ROM and form Company A to market it. I own copyrights on the ROM b/c I developed it. Times turn bad and I sell my company and the rights to use my ROM to Company B. This prevents me from suing Company B to prevent them from using my ROM. However, I think I still retain the original rights, and either I or Company B could prevent Company C from developing a similar game. I am not sure if I could form Company D and use the ROM code, or whether I could then be sued by Company B.
Now figure that the arcade companies has often been sold five or six times . . .
Wetworks:
how Interesting
"The family tree of ROMS"
:) :) :) :)
MikeQ:
--- Quote from: Tiger-Heli on January 20, 2006, 07:38:34 am ---And I believe (but IANAL) that both companies then own the copyrights.
For example - I develop a ROM and form Company A to market it. I own copyrights on the ROM b/c I developed it. Times turn bad and I sell my company and the rights to use my ROM to Company B. This prevents me from suing Company B to prevent them from using my ROM. However, I think I still retain the original rights, and either I or Company B could prevent Company C from developing a similar game. I am not sure if I could form Company D and use the ROM code, or whether I could then be sued by Company B.
Now figure that the arcade companies has often been sold five or six times . . .
--- End quote ---
If Company A goes out of business and sells all assets to Company B, Company A would no longer exist. I think the copyright would have been the property of Company A, not the guy who started Company A. I'm sure that one could write a contract though that would entitle "guy A" to use the copyrighted material but it would probably be more of a license than an ownership.
I know patents that are filed by individuals who work at a company behave this way. I've filed patents through my company. When the patent is awarded, I'm listed as the inventor but my company owns the patent and I have no claim or right to use it. I could however license it from my company.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version