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Arcade Kit Seller Applies for MAME Trademark [updated]

timothy posted more than 9 years ago | from the hitting-broken-machine-for-free-gumballs dept.

Emulation (Games) 829

An anonymous reader submits "Zophar's Domain is reporting that the CEO of commerical multi-arcade kit seller UltraCade has applied to trademark the name and logo of the ubiquitous open-source multi-arcade emulator MAME and is planning to sue MAME's authors." Update: 02/21 13:26 GMT by T : UltraCade Technologies CEO David R. Foley contacted Slashdot with an emailed explanation of the filing, reproduced below at his request. Update: 02/21 18:16 GMT by T : Please note that Foley's email specifically states that "There have been no lawsuits filed against any of the M.A.M.E. authors, and there have been no claims towards the open source engine, nor will there be."

"Subject: I would hope that you post this to correct your misstated comments on slash dot
Date: Mon, 21 Feb 2005 01:27:43 -0800

Like most things that are spread by rumor, the facts about me, UltraCade Technologies, and the M.A.M.E. emulation system are quite distorted. I will try and educate anyone who cares to listen about the reality of our marketplace and what we are doing and what we are not. Simply put, we are making an effort to stamp out the commercial sales of M.A.M.E. based systems that advertise the ability to play thousands of games while relying on the customer to obtain the ROMs which can not legally be obtained. What we are not doing is trying to claim ownership of the M.A.M.E. open source emulator or sue its authors. We are concerned about the commercial marketplace, and not the readers of the many M.A.M.E. user groups and forums.

I have been working on emulation technology since the mid 80's when I did work on an emulation project in college. In 1994, while working on games for companies like Sega and Williams, we developed an emulation of the arcade games Joust, Defender and Robotron that ran on a Sega Genesis. In 1996, we started the Lucky 8 project which turned into the UltraCade project. In 1998 we were one of the first companies to acquire the rights to classic arcade games from various publishers. We have licensed games from several manufacturers including Capcom, Jaleco, Taito, Stern, Incredible Technologies, Midway, Atari and more. We have started several projects and built prototypes for companies like Sega, based on technology that was licensed from authors from the emulation community. We have licensed technology from many of the communities programmers, paying them to use their code in our products and demonstrations. We have been the leader of the retro arcade movement, and have invested millions of dollars creating a market for retro games. UltraCade was the first successful multi-game arcade machine combining many of the old classics. We further enhanced the market by creating Arcade Legends, our consumer version of the UltraCade product. We have also paid hundreds of thousands of dollars in licensing fees to have the right to sell our games.

In the past couple of years, there has been a huge wave of resellers competing with our UltraCade and Arcade Legends products. They build a similar style cabinet, install a PC in the machine, load M.A.M.E., and sell it for a very low price. Lower than we could ever offer our machines for sale. How? Quite Simple. They profit by stealing others work. If you look at the web sites, and read the eBay ads they offer machines that "Play over 4,000 Classic Arcade Games" They then try and skirt the law by pretending that they are not promoting piracy of these same 4,000 games with statements like "we don't load the ROMs" but of course, almost all of them do. The others that don't, they provide you with an instruction sheet with a link to several web sites where you can illegally download the ROMs, or provide you with the contact information for a CD/DVD duplication house that will sell you a set of ROMs for all 4,000 games for less than $200. Would anyone really buy this arcade machine if they knew that there was no legal way for them to run over 99% of the games that they were promised, I don't think so, and if you really look at this without emotion, I'm sure you would agree. These companies are simply selling the promise of thousands of games on a machine that can not possibly run them legally. I sometimes hear the argument, "well, I could go on eBay and buy up all of these games and then run it", and while plausible, it certainly would not be anywhere near cost effective, and again, if the customer knew that to legally operate these games, they have to spend thousands of dollars buying legal ROMs I seriously doubt that they would consider purchasing a M.A.M.E. machine. Anyone reading this email thread is an intelligent person, and if they put emotions aside, they will realize that what we are saying about selling M.A.M.E. machines and the promise of getting 4,000 games for the average consumer can't possibly happen. Unlike most of you reading this, the average consumer looking to buy a machine for their game room has no idea how emulation works, or what is legal and illegal to do. To them, they read an advertisement on a website or on eBay and compare our product with 50 games or an ad for a machine that promises thousands of games, with the promise of instructions about how to obtain those games. Of course, in this skewed environment the average consumer would gravitate towards the thousands of games machine, not realizing that the software and the games are unlicensed and illegal to play. Most consumers who are pointed at a web site selling a 7 DVD set of ROMs have no idea that this is an act of piracy, they were simply instructed to do this by the person selling them their arcade cabinet, and told this is how you get the games.

Now that we have attempted to take legal recourse to prevent illegal competition, the same people, who steal the work of the M.A.M.E. authors, and then profit by selling machines that have no value without the pirated games being made available, turn around and cry foul when we call them on their ways. They run to the M.A.M.E. discussion forums and spread rumors about UltraCade suing the authors of M.A.M.E. or stealing the M.A.M.E. engine. I'm amazed at the response of the community, a community that is being whipped into action by the same people who are stealing and profiting from them and they're efforts. Many people have reacted with hate mail without even considering to look at the facts of the situation, or to realize who is spreading the rumors. They are being spread by those who wish to profit by selling unlicensed games.

The simple fact is that we are attempting to stop the tide of illegal arcade machines, and the promotion of unlicensed games. The M.A.M.E. platform, while a technical marvel, consists of many violations of copyrights and trademarks. The authors have always stated in the documentation that it was not put into the public domain to steal from the game authors or publishers, and they have always been hands off about how to obtain the ROMs. They have also clearly stated that it is not to be used for commercial gains. A majority of the publishers who own the copyrighted material have not paid much attention to this marketplace, as until recently it has not had a huge commercial impact. But now, there are websites and eBay sellers selling machines that directly compete with legitimate publishers like us who publish games from Capcom, Taito, Midway, Atari and others, or publishers like Namco that publish Ms. Pac-Man/Galaga or the Donkey Kong/Mario Bros. machines.

Of the many thousands of games that M.A.M.E. supports, only a minute fraction of them can legally be played on a M.A.M.E. equipped machine, and many can not. There are many fallacies about the legality of owning ROMs and how you can play the game. Many people claim that they have a board set and therefore they can download as many ROMs as they like. The law is very strict. You can transfer the image from the actual original ROM chips, which you legally own, to another piece of hardware, provided that you actually transfer the code from the chips. Just having a board sitting around, and saying I have the right to play it is not the case. Many people point to StarROMs and say that they can then sell the games with the ROMs installed. This is not the case either. StarROMs license prohibits the resale of the game licenses, and only the end user can purchase these ROM images, resellers can not. Our market is further plagued by the rash of 4 in 1, 9 in 1, 24 in 1 39 in 1 and the new 300 in 1 "multicade" boards. These boards come from Taiwan and Hong Kong and contain illegal copies of the ROMs of several games.

This is a complex case amongst companies that are trying to make it about UltraCade stealing something from the M.A.M.E. team. That is not what this is about. This is simply UltraCade Technologies and other publishers doing whatever it takes to protect our commercial interests and prevent other companies from stealing our market by capitalizing on unlicensed games and selling products that only have value when coupled with illegally obtained games. Our application towards a trademark is to simply prevent anyone from commercially marketing an illegal product, nothing more. There have been no lawsuits filed against any of the M.A.M.E. authors, and there have been no claims towards the open source engine, nor will there be We are simply protecting our commercial market, and nothing more. We have no interest in the hobby community. We have no interest in the open source project. Our goal is to simply stop the rampant piracy in our marketplace, and we will use every means at our disposal to do so.

I welcome open discussions about this situation, and will respond to legitimate communications or questions.

-David R. Foley

---------------------------------------------------------------------------- ---------------------------------------------------------

David R. Foley
UltraCade Technologies"

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Everything is in order here... (5, Funny)

erick99 (743982) | more than 9 years ago | (#11733336)

Everything looks in order here.

We have a lame idea that borrows heavily from a former but robust lame idea.

We have an opportunity to litigate for revenue as oppose to actually, well , you know, EARNING IT.

Yes, everything seems to be in order here. Hand me the rubber stamp.

Re:Everything is in order here... (4, Funny)

ifranto (851514) | more than 9 years ago | (#11733356)

that's the business plan I've been looking for! step 1 patent things others invented step 2 sue the people who invented it for not paying me step 3 business is booming!

Legal system (0, Flamebait)

Dasaan (644170) | more than 9 years ago | (#11733341)

Is the US legal system so fucked up they can get away with this?

Wait a sec (0)

Anonymous Coward | more than 9 years ago | (#11733365)

AFAIR, they haven't been granted a trademark yet so try and not put the cart before the horse. I know you people foam at the mouth at the chance to redundantly remind everyone how bad the IP system is. We'll just share these comments when they are actually granted the trademark.

Re:Wait a sec (2, Interesting)

E_elven (600520) | more than 9 years ago | (#11733520)

Maybe the USPTO should have some sort of a public correspondence site where one could reference a TM or C or P by its number and e.g. point out that this same thing has been done for the past twenty years.

On the other hand, maybe with all the inevitable "M$ is t3H suX0r, dnut garnt n-A PATENTS 2 theys you a55hat!" comments isn't worth it.

Re:Legal system (0, Redundant)

IWannaBeAnAC (653701) | more than 9 years ago | (#11733471)

I wouldn't worry too much. A similar thing was tried with the trademark for Linux. It didn't work.

It will probably end up with the trademark being awarded to mame.net.

OMG (2, Funny)

Kaosaur (811826) | more than 9 years ago | (#11733342)

What a fucking CUNT! I can't believe the balls of this company....I'm hoping in MAME's favor.

Re:OMG (1)

sandman935 (228586) | more than 9 years ago | (#11733399)

Modded down? Some people around here have anger issues. ;)

Why the hell was this guy modded down? (2, Funny)

Quattro Vezina (714892) | more than 9 years ago | (#11733451)

What a fucking CUNT! I can't believe the balls of this company....I'm hoping in MAME's favor.

"Cunt" is a perfectly good word to describe this piece of shit. In fact, it's probably not strong enough.

Re:Why the hell was this guy modded down? (1)

NoMoreNicksLeft (516230) | more than 9 years ago | (#11733527)

Agreed, one of the few legitimate uses for a term dripping with this much contempt.

diee (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#11733347)

slashdot the website to hellll.

WARNING (-1, Troll)

Anonymous Coward | more than 9 years ago | (#11733348)

This place is not a place of honor.
No highly esteemed deed is commemorated here.
Nothing valued is here.
This post is a troll and part of a system of trolls.
Pay attention to it!
Sending this message was important to us.
We consider ourselves to be a powerful culture.

Good for him (-1, Troll)

Anonymous Coward | more than 9 years ago | (#11733352)

I tired of the slashdot cliched kneejerk reaction to anybody making money: They must be evil, satanic, despised and loathsome creatures. Something we would pick out between our toes and fling into the gutter.

Well, the reality is that money is an incentive for a lot of people. Its what gets stuff done (see "Greed is good", Gordon Gecco). This guy wants to make some cash from his hard work. What is the problem exactly?

Re:Good for him (-1, Troll)

Anonymous Coward | more than 9 years ago | (#11733364)

die fucktard.

Re:Good for him (0)

Anonymous Coward | more than 9 years ago | (#11733374)

Hey dumbo, the issue isn't about making money. Its about absuing IP law.

Re:Good for him (0)

Anonymous Coward | more than 9 years ago | (#11733378)

Well, the reality is that money is an incentive for a lot of people. Its what gets stuff done (see "Greed is good", Gordon Gecco). This guy wants to make some cash from his hard work. What is the problem exactly?

By that logic I can walk into your house and make some cash from my hard work by taking all that was yours.

I'll remember to ask you "what is the problem exactly?" if you object.

Re:Good for him (3, Insightful)

Kaosaur (811826) | more than 9 years ago | (#11733384)

The problem is that he's trying to make some cash from OTHER people's hard work. MAME has been around for 8 years now and this guy has ABSOLUTELY NOTHING TO DO WITH THE PROJECT.

Hellooo McFly!!! (0)

Anonymous Coward | more than 9 years ago | (#11733441)

The GPL in no way prohibits this!

Re:Good for him (0)

Anonymous Coward | more than 9 years ago | (#11733385)

RTFA, fool. The opposite is reality.

Re:Good for him (1)

erick99 (743982) | more than 9 years ago | (#11733400)

Then you like the model where you borrow othere folks work and if they have a problem with that you litigate them into submission.

Lovingly, Pooka (the 6' 5" version) Okay to mark Pooka's Trolls. We thrive on it.

Re:Good for him (1)

billsoxs (637329) | more than 9 years ago | (#11733432)

This guy wants to make some cash from his hard work.

Seriouly. Whose hard work? - not HIS hard work.

Re:Good for him (1)

MightyMartian (840721) | more than 9 years ago | (#11733434)

Yes, we shouldn't complain when thieves break into our houses. After all, they're only making money.

Re:Good for him (0)

Anonymous Coward | more than 9 years ago | (#11733497)

What the fuck are you smoking? Are you David Foley's mother or something?

In other news... (5, Funny)

Anonymous Coward | more than 9 years ago | (#11733354)

The MAME project has changed its name to Ultracade and is planning to sue other companies using this name.

In other news...The Ungrateful Dead. (0)

Anonymous Coward | more than 9 years ago | (#11733478)

"The MAME project has changed its name to Ultracade and is planning to sue other companies using this name."

Well if you're going to have some fun? Change the name to "Death Dealer". Nothing says lovin' like an icepick to the eyes.

Geez, what a toughie... (3, Funny)

Anonymous Coward | more than 9 years ago | (#11733355)

IF ONLY somebody could find some prior art to smack this down.

Re:Geez, what a toughie... (0)

Anonymous Coward | more than 9 years ago | (#11733398)

You mean like this MAME [mame.net]

Re:Geez, what a toughie... (5, Informative)

marko123 (131635) | more than 9 years ago | (#11733446)

Prior Art is for Patent law. This is TM law. See my comment below for the MAME folks' protections.

Re: Geez, what a toughie... (2, Funny)

Black Parrot (19622) | more than 9 years ago | (#11733472)


> IF ONLY somebody could find some prior art to smack this down.

Found it! [imdb.com]

Now that SCO's gone (1)

rebeka thomas (673264) | more than 9 years ago | (#11733357)

Now that SCO's gone, the vacuum filled by darl mcbride looks to have been filled by another slimy despicable thieving weasel by the name of David R. Foley, CEO (Chief Extinguishable Organism) of Ultracade.

Congratulations!

Std. Knee-Jerk reaction comment... (4, Funny)

AcidDan (150672) | more than 9 years ago | (#11733361)

This guy didn't previously work at SCO by any chance?

Re:Std. Knee-Jerk reaction comment... (0)

Anonymous Coward | more than 9 years ago | (#11733455)

maybe you should have a doctor check that out for you.

Wait a second (5, Interesting)

Cliff.Braun (825786) | more than 9 years ago | (#11733368)

Doesn't one have to own the trademark before something is created in its name in order to sue the creators of the something? Otherwise I'd be able to trademark the word bittorrent, and sue the creator. Could someone explain just how this is going to work to me?

Re:Wait a second (5, Funny)

Anonymous Coward | more than 9 years ago | (#11733425)

Doesn't one have to own the trademark before something is created in its name in order to sue the creators of the something? Otherwise I'd be able to trademark the word bittorrent, and sue the creator. Could someone explain just how this is going to work to me?

Easy. Chewbacca is a wookie from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about that; that does not make sense. Why would a wookie, an 8 foot tall wookie, want to live on Endor with a bunch of two foot tall ewoks? That does not make sense! But more importantly, you have to ask yourself, 'what does that have to do with this case?' Nothing. Ladies and Gentlemen, it has nothing to do with this case. It does not make sense!

Re:Wait a second (1)

marko123 (131635) | more than 9 years ago | (#11733462)

Foley will not by law be able to sue the previous users for continued use of his (potentially) registered marks.

Backwards (4, Informative)

fm6 (162816) | more than 9 years ago | (#11733499)

Doesn't one have to own the trademark before something is created in its name in order to sue the creators of the something?
Actually, the way you establish ownership of a trademark is by using it. Registering it is just a way of documenting your claim that you own it. So the guy who invented Bittorrent can claim that he already owns the trademark, whether he's registered it or not.

Defense fund? (5, Interesting)

xtal (49134) | more than 9 years ago | (#11733369)

Is there a fund set up yet where we can donate to their legal defense?

I'm sure I'm not the only one who apprecates (immensely!) the efforts of MAME.. god knows I spent enough time in arcades.

Re:Defense fund? (1)

johnny_sas (785125) | more than 9 years ago | (#11733424)

Is there a fund set up yet where we can donate to their legal defense? It's not needed, as this has clearly no merit. You can't go around and trademark something after it's been in wide use. The only way this could stand up is if "MAME" as registered would be for something other than emulation. And even *if* this could pass as legitimate, there'd already be too long a delay from first open use to litigation for it not to be considered as abandoned by the so-called trademark owner. So again, no merit

Re:Defense fund? (1)

marko123 (131635) | more than 9 years ago | (#11733500)

If you are referring to not being able to continue to protect a trade mark that has become part of our common language, I'm not sure if this applies. I also wonder if MAME would have reached that widespread use yet?

Yessiree there is. (0)

Anonymous Coward | more than 9 years ago | (#11733444)

Just send it to Lowkee, formerly of LokiTorrent. He'll make sure it gets put to good use.

Re:Defense fund? (5, Funny)

sunwukong (412560) | more than 9 years ago | (#11733457)

Is there a fund set up yet where we can donate to their legal defense?

There was -- but they took it down when it would only accept 0.25 at a time.

Re:Defense fund? (1)

geminidomino (614729) | more than 9 years ago | (#11733476)

I'm surprised you don't have any Funny mods for that. I laughed aloud.

Holy crap (1)

deeblite (617716) | more than 9 years ago | (#11733370)

If this person gets away with this, I'll have to officially give up on humanity.

Uhh. (3, Interesting)

Boinger69 (673392) | more than 9 years ago | (#11733376)

Wait a second. Doesn't US Copyright law take precedent here. Correct me if i'm wrong, but aren't all works copyrighted by default. Couldnt the obvious prior art holders sue ultracade for any usage of their name.

Re:Uhh. (4, Insightful)

MostlyHarmless (75501) | more than 9 years ago | (#11733436)

This needs to be a FAQ on slashdot itself ;-). Trademark law, patent law, and copyright law are three different things, all often grouped together under the problematic term "intellectual property" (which is a loaded term, of course).

In this case, the topic is trademark law. Trademarks are lost if the holder allows the name to become a generic term (like kleenex, for example). I'm not sure if you have to be the first person to use a term in a particular domain to trademark it, but I imagine you do. (The concept of "prior art" refers to patents only.)

Re:Uhh. (0)

Anonymous Coward | more than 9 years ago | (#11733517)

Copyrigh also applies, because the logo is 'art' (define that in any way you want, though), so someone owns it (and allowed its use by MAME). I don't know crap about trademarks, though, but I doubt an such an established name can be trademarked. But I don't live in the USA, fortunately.

they should put in place... (1)

Xonticus (840310) | more than 9 years ago | (#11733377)

a common sense law. if something doesnt seem right, it probably should be illegal. like borrowing the name then suing the concievers. it happends all the time, but wouldnt you like a little less of it?

Hmmm (5, Funny)

DrNibbler (547534) | more than 9 years ago | (#11733380)

Is there an online application for trademark applications? Openoffice.org, Mozilla. Firefox, KDE... so many projects so little time....

Easy ./ing (0)

Anonymous Coward | more than 9 years ago | (#11733383)

How nice of them to provide a flash-heavy site. All the better to slashdot them with.

Hopefully their hosting bills will be so high, they won't be able to afford lawyers.

Re:Easy ./ing (4, Funny)

ahecht (567934) | more than 9 years ago | (#11733506)

Even better is the 300k animated gif [ultracade.com] on their front page (which you can shift-reload to your heart's content).

That's a drag (0)

Anonymous Coward | more than 9 years ago | (#11733386)

Still, I think I'd like to get one of these. It'll help me sleep better at night if I know I'm getting officially sanctioned ROMS from the authorized copyright holders.

preposterous (1)

bersl2 (689221) | more than 9 years ago | (#11733387)

They may have the right to use "MAME" in any business they do, but they certainly can't claim exclusive rights to the name.

preposterous-Personal Injury Lawyers. (0)

Anonymous Coward | more than 9 years ago | (#11733504)

"They may have the right to use "MAME" in any business they do, but they certainly can't claim exclusive rights to the name."

Personal injury lawyers may have a prior claim?

Prior Art? (1)

mrbrown1602 (536940) | more than 9 years ago | (#11733391)

Can't the authors of MAME use the defense of "prior art" when they are sued by this company, and invalidate the trademark? Or does that just apply to patent law?

Uh, prior art? (1)

caryw (131578) | more than 9 years ago | (#11733394)

There are checks against this type of thing. An advocacy group like EFF shouldn't even have to get involved.

Frivilous lawsuit damages anyone?

--Fairfax Underground [fairfaxunderground.com] : Where Fairfax County comes out to play

Oh, fuck them. (5, Insightful)

Stick_Fig (740331) | more than 9 years ago | (#11733395)

You know, the biggest problem with emulation nowadays is ego, and apparently the egos of the Ultracade creators got too big.

As a former ZD employee, I've seen this far too much in emulation, but it's never gone to this degree. This is a very evil way to get a point across, and I really hope, if this actually happens, that a few makers of these arcade games out and sue Ultracade for pulling this shit.

Why the hell would you take out the people who made your bread and butter? All that's going to happen is MAME is going to come out under a different name and be designed in such a way that it won't be compatible with Ultracade arcade boxes. You pull shit like this and alienate your users and fellow authors, you get burned. Ask Marat Fayzullin what I'm talking about.

Re:Oh, fuck them. (1)

Stick_Fig (740331) | more than 9 years ago | (#11733469)

"won't be compatible with Ultracade arcade boxes"

As a side note, the reason I mention this is because I'm sure at least some of the code from Ultracade is likely to have originated from the open source community, considering the large number of games that Ultracade boxes support.

The gall of this guy is just unbelievable.

Re: Oh, fuck them. (3, Funny)

Black Parrot (19622) | more than 9 years ago | (#11733496)


> You know, the biggest problem with emulation nowadays is ego, and apparently the egos of the Ultracade creators got too big.

Well, at least we know they take the concept of "emulation" seriously.

Re:Oh, fuck them. (1)

TheKidWho (705796) | more than 9 years ago | (#11733516)

maybe they are trying to do this to get a point across that these IP laws are getting out of hand?

David R Foley (5, Informative)

SirPhobos (582775) | more than 9 years ago | (#11733396)

I'd just like to point out his personal website [davidrfoley.com] , which contains his resume [davidrfoley.com] with his email address (david@davidrfoley.com or david@hyperware.com) and phone number attached.
Don't be too mean. ;-)

A poem by David R Foley (1, Funny)

Anonymous Coward | more than 9 years ago | (#11733423)

The Drowning Man

You can never teach
The drowning man to swim.
As long as he is in the water,
All he can do is flail,
And try and not sink.
Eventually he will tire.

Throw him a line.
Tell him a story.
Tell him it will be okay.
Convince yourself
That it is okay to lie.

You know that he really isn't okay.
You know that he can't swim.
And, you know,
If he stays in the water,
Eventually he will die.

D. Foley, 1997

Re:A poem by David R Foley (0)

Anonymous Coward | more than 9 years ago | (#11733495)

funny the site is not loading

horrible horrible poetry (1)

weighn (578357) | more than 9 years ago | (#11733537)

From his poem "Happiness and Sorrow"

Joy and Comfort are the most prevalent feelings that occupy my soul.

...closely followed by greed, riding on coattails and a need to go out stealing people's mail...

Re:David R Foley (5, Informative)

Anonymous Coward | more than 9 years ago | (#11733447)

His address also happens to be

David R. Foley
1281 Wayne Avenue
San Jose, CA 95131
United States

And His Lawyer seems to be:
Lee Hagelshaw (Attorney of record)

LEE HAGELSHAW
LEE HAGELSHAW OF TECH LAW
350 TOWNSEND STREET SUITE 406
SAN FRANCISCO, CA 94107

Phone Number: (415) 615-9300
Fax Number: (415) 615-9301

Re:David R Foley (5, Funny)

trentfoley (226635) | more than 9 years ago | (#11733480)

This guy really pisses me off. I think I'll trademark "Foley" and make him quit using my last name.

Die, you gravy sucking pig. Bastard.

Re:David R Foley (0)

Anonymous Coward | more than 9 years ago | (#11733503)

Thank god for firefox's reload extension. I'm reloading both sites once a second?

Anyone care to join? ;)

And he's an artiste, too! (0)

Anonymous Coward | more than 9 years ago | (#11733523)

My God, have you read this man's (ahem) poetry? Try this sample:

Joy and Comfort are the most prevalent feelings that occupy my soul.
I gaze upon your image, and think of all that is wonderful and kind.

Urgh. Even Vogons would cringe.

Re:David R Foley (1)

austinshea (800942) | more than 9 years ago | (#11733533)

oh sweet jesus, look at that poetry! Someone is a lucky woman.

Netcraft Confirms it-Hunter S Thompson, dead at 67 (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#11733397)

I just heard some sad news on talk radio - counterculture writer Hunter S. Thompson, was found dead in his Pitkin County home this morning. There weren't any more details. I'm sure everyone in the Slashdot community will timothy is a flaming queer miss him - even if you didn't enjoy his work, there's no denying his contributions to popular culture. Truly an American icon.

AAAA (-1, Troll)

Anonymous Coward | more than 9 years ago | (#11733402)

I just left some vicemails to thease fags and you sould to DdOS thare site and crash thare PBX, FAX EM 200000 pages of crap and shit on thare cars FUCK EM THE SLASHDOTWAY

Quick! (1)

LighthouseJ (453757) | more than 9 years ago | (#11733403)

Someone register for the Ultracade logo and then petition eBay to remove all Ultracade auctions on the bases they are infringing on the trademark.

A 3-step Profit?!? comment would also do well at the moment in time too. If the above isn't funny or clever, pretend I regurgitated the meme here.

You must pay!! (1)

columbiatch (853270) | more than 9 years ago | (#11733414)

I'm sorry to inform you that today I procured a copywrite for the letter "t". All individuals whom use this letter "t" or any character resembling it will be prosecuted. Thank you.

No way! (1)

Junior J. Junior III (192702) | more than 9 years ago | (#11733415)

Someone needs to MAIM this guy before he can make it to the trademark office.

If this goes through (0)

Anonymous Coward | more than 9 years ago | (#11733418)

This could set an ugly precedence where an individual sells a product, a corporation sees a small business selling it, they decide to patent the product or trademark the term, and then turn around and sue so that the individual can no longer start another business again because they owe the Corporation for the rest of their life.

So heres a new business model

1. Wait for an individual to create product
2. copy product and patent it or just simply trademark the name
3. sue individual
4. ????
5. Profit!

Good thing thiss falls under prior art... (0)

TJ_Phazerhacki (520002) | more than 9 years ago | (#11733420)

This is kinda a given - you cant go out and patent (or TM) the word Dirt, for example. When a word is part of the lexicon, or is applied to a commonly understood term, then it is un-tm-able.

Only problem I see with this is the one that plagues sooo many victims of frivoulos lawsuits - you gotta pay to get to court in the first place (Bittorrent trackers, anyone?) At least in this case, there is a definative plantiff and defandant - and therefor, a countersuit is applicable if they go to court to fight the suit in the first place.

Too bad, I thought the RIAA and MPAA were the only things to fear these days with the impending demise of SCO. When will lawmakers wake up to this nonsense? When you take the initiative and write them.

Don't like it? Call them at (408) 436-8885 (0)

Anonymous Coward | more than 9 years ago | (#11733422)

If you are unhappy with Ultracade's decision, maybe you should let them know that it's a bad idea. Be polite-- They are more likely to listen to you if you are polite. Their contact information is right on their front page, but in case of Slashdotting, here it is:

UltraCade Technologies
1281 Wayne Avenue
San Jose, CA 95131
Phone: (408) 436-8885
Fax: (408) 715-6183
support@ultracade.com

Prior Art. Will be thrown out (0)

zymano (581466) | more than 9 years ago | (#11733430)

What a novel way of killing any competition.

I am guessing the owner of this company works for the cable companies.

TM Law (3, Informative)

marko123 (131635) | more than 9 years ago | (#11733433)

If MAME and it's logo has not been registered as a trademark, then Foley can apply to register it, regardless of how long it has been used by someone else. If he can slip this one past the TM Office, possibly by overwhelming the existing MAME folks with advertising and publicity, he will have the registered trademark for MAME.

HOWEVER, since the MAME folks have been using said name and logo for years, they will be protected BY LAW from being sued by Foley for their continued usage of the marks. This is one way that these particular intellectual property laws protect you from cretins like him :)

I am not a trademark attorney, but I do IT in an IP firm. This is not legal advice, blah, blah, blah. These laws apply at least in both US and Australia.

Re:TM Law (2, Insightful)

Dasaan (644170) | more than 9 years ago | (#11733482)

If MAME and it's logo has not been registered as a trademark, then Foley can apply to register it, regardless of how long it has been used by someone else.
And what about copywrite law? I'd assume the original artist still has rights to their own work.

Aren't fraud and perjury illegal? (2, Insightful)

Quattro Vezina (714892) | more than 9 years ago | (#11733435)

David R. Foley is committing fraud, and if this goes to trial, he will be committing perjury as well.

This piece of shit should be charged with both and sent to the federal pound-me-in-the-ass prison where he belongs.

Re:Aren't fraud and perjury illegal? (1)

koreaman (835838) | more than 9 years ago | (#11733483)

I don't think you can be sent to prison for suing someone... isn't that one of our fundamental rights, the right to sue?

Disclaimer (1)

Quattro Vezina (714892) | more than 9 years ago | (#11733489)

Eh, I forgot this: IANAL and TINLA.

But what he's doing is so obvious that a disclaimer really isn't needed.

Some helpful information for the kids... (2, Informative)

AcidDan (150672) | more than 9 years ago | (#11733443)

I'm sure if anyone has any queries about who this gentlemen is, the Us Patent Office [uspto.gov] has the relevant details:


1. Foley, David R.

Address:
Foley, David R.
1281 Wayne Avenue
San Jose, CA 95131
United States
Legal Entity Type: Individual
Country of Citizenship: United States

Re:Some helpful information for the kids... (1)

gizmonic (302697) | more than 9 years ago | (#11733512)

Unfortunately, that's the business address, not his personal address. But people can always call the business and ask them to reconsider...

Phone: (408) 436-8885
Fax: (408) 715-6183
support@ultracade.com

Who here thought... (1)

UnRDJ (712762) | more than 9 years ago | (#11733448)

When the SCO fiasco first started, that there couldn't possibly be a slimier litigation tactic?

Mame.. (1)

Turn-X Alphonse (789240) | more than 9 years ago | (#11733449)

Mame is one of the few things keeping old school arcade games alive. If thry end up killing it they are biting the hand that feeds them.. not to mention most people who have an intrest in classic games of this sort are geeks and will hear of this and avoid the place. Have fun guys!

I don't normally swear but (1)

dancingmad (128588) | more than 9 years ago | (#11733454)

Goddamn, what fucking assholes. I've never heard such blatant jackassery outside of politics.

Wow. (5, Funny)

DwarfGoanna (447841) | more than 9 years ago | (#11733456)

Let's sue the creators of the simplest, cheapest, most functional, most popular means of playing retro video games ever.


What do they do for an encore, rape Donkey Kong Jr with an Atari controller?

Contact Info (-1, Redundant)

OverlordQ (264228) | more than 9 years ago | (#11733467)


Owner (APPLICANT)
Foley, David R.
INDIVIDUAL UNITED STATES 1
281 Wayne Avenue
San Jose CALIFORNIA 95131

Correspondent
Lee Hagelshaw (Attorney of record)

LEE HAGELSHAW
LEE HAGELSHAW OF TECH LAW
350 TOWNSEND STREET SUITE 406
SAN FRANCISCO, CA 94107


I smell nasty letters coming

MAME logo (0)

driftwolf (843548) | more than 9 years ago | (#11733473)

The applicant does not own the copyright to the artwork. Therefore, the applicant cannot legally reproduce said artwork. Therefore, the applicant is in violation of various US statutes and common law related to copyright, possibly even the DMCA.

THROW THE FUCKER IN JAIL!

The trade mark hasn't been approved yet. (5, Insightful)

zyrotin (568418) | more than 9 years ago | (#11733481)

One thing I think everyone is missing so far is that it hasn't been approved yet. If you follow the Link to the USPTO site it says it hasn't even been assigned to a case worker yet.
zyro out.

well... (0)

Anonymous Coward | more than 9 years ago | (#11733484)

Lets Just run up his website costs by Slashdoting him constatly, that way he will be unable to pay the legal fees

Quickest way to make your business tank (2, Insightful)

Anonymous Coward | more than 9 years ago | (#11733487)

What is most hilarious is the fact that this guy's business is doomed now. His goal was likely to boost business and as a result people will end up realizing they can build that $4000 cabinet they are peddling on their own for a fraction of the price. If nothing else this is huge publicity for MAME and a huge career ender for Mr. Foley.

What's even more intriguing about all of this though is that Ultracade almost certainly uses the mame core in it's software. It was recently discovered that the same bugs in mame were found in Ultracade. If anyone ever takes the initiative to reverse engineer the code and prove this, the MAME team will have grounds to sue him for everything he's got as Ultracade has been selling their product and making damned good money doing so for the past several years.

Let the litigation begin...

Dave Foley (1)

Roosey (465478) | more than 9 years ago | (#11733509)

Now I know what Dave Foley does in-between commercials on Celebrity Poker Showdown [bravotv.com] .

Poor guy, I'd be upset enough to sue something too if I had to host dreck like that.

Hmm compare the logos (1)

OverlordQ (264228) | more than 9 years ago | (#11733514)

Compare the one in the trademark [uspto.gov] application, to any of the copyrighted images here [oscarcontrols.com] . Hmmm, something looks familiar . . can you spot it?

Is this a troll? (5, Informative)

retro128 (318602) | more than 9 years ago | (#11733534)

Do we have any more substantial information than a small blurb at the top of a emu website?

Even if it is real, he has no hope of winning. Trademarks need not be registered to be protected, [cornell.edu] and I think there is more than enough evidence out there to prove conclusively that the logo belongs to the MAME developers.

Great. Here we go again... (0)

Anonymous Coward | more than 9 years ago | (#11733535)

American justice. Good old fashioned bar-b-q burger with fries goddamit "if i can't make my own money with my shitty product I'll steal someone else's assets." justice.

When will you American's learn ?

Talk about biting the hand that feeds you! (1)

mcknation (217793) | more than 9 years ago | (#11733538)



I mean really...would this product even be around if it MAME was not? This almost seems like a troll. This is *almost* worse than the RIAA and that is saying something. I guess the analogy would be the RIAA suing artists...I digress.

1. Create product in *very* niche market.
2. Alienate everyone in your target audience.
3. ????
4. Profit.

I guess we know what #3 in 90% of all business models is now.
These people will be among the 2nd group of people up against the wall when the revolution comes.

Don't ask me when the revolution starts...just go out and start one. :P

/-McK
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