Ultracade's Alleged Counterfeit Arcade Game Racket

I'm sure they won't go after the individual machine owners, I was more referring to the investment they made in these machines. They paid a premium to get licensed, legal boxes, and what they ended up with are basically no better than a Mame setup. Resale will virtually be out of the question... Plus those game packs were really expensive. Considering that purchasers paid $595 for the sports pack, and it was as legal as downloading roms off the net for free, I would think that there may be a class action lawsuit in the future... But Damn those guys had to be raking it in, charging and keeping virtually 100% of profit...

You bring up an interesting point though, while the buyers will be immune, I don't think the retailers will be. I'm a bit surprised that the legal departments of Costco, SkyMall and Hammacher Schlemmer were not able to figure this scam out.

Good luck getting MAME roms to run in Ultracade.
 
This is seriously going to f**k people over who thought they owned legitimate licensed games, and paid a premium for them.

I was just thinking the same thing. It might be time for me to pull our Ultracades out of our theatres...

Hmm...

Matt
 
I was just thinking the same thing. It might be time for me to pull our Ultracades out of our theatres...

Hmm...

Matt

That would be silly considering that your machine is 100% legal and licensed. Just because some hack called a couple of people at companies that were not involved in the licensing of games doesn't mean there were not contracts for those games. It's no different than calling up some random person at Ford and asking them if they sold you your truck, and if they say no assuming you stole it.
 
That would be silly considering that your machine is 100% legal and licensed. Just because some hack called a couple of people at companies that were not involved in the licensing of games doesn't mean there were not contracts for those games. It's no different than calling up some random person at Ford and asking them if they sold you your truck, and if they say no assuming you stole it.

Reguardless of whether or not the individuals making those statements were directly involved in the contract process, there's no way in hell that at least one of those people (hopefully all) didn't talk to legal before releasing their statement. While I certainly don't think too highly of the average intelligence of marketing personnel in a company, when you're talking about the higher ups in the marketing structure (as several of those folks seem to be) they've been very well trained in not making a statement to the press (hacks or not, companies see Gamasutra and others as the press), particularly in matters relating to pending litigation without checking with the lawyers and being sure they can back that up. One rep at a company can have a lack of brain enough to say something dumb (SCEE execs seem really good at that) without checking first, but the possibility of that many companies having the same attack of stupid in talking to the press at the same time is slim at best. If even one of those statements is accurate as to a lack of licensing, the whole package has a problem, and anyone sane would pull those machines off location.

Reguardless, I'm microwaving a case of popcorn, this is going to be a great thread.
 
Federal indictments don't get handed down for nothing on a whim or a maybe.
 
Foley,

If those are in fact lies on official record from high ranking management at all of those companies, have you contacted your lawyer about pressing libel/slander charges against them?
 
Or how's about you contact someone in competition with Gamasutra, and provide them with some legal documents. That way they can publish 'The Truth'*TM and force the other guy to recant his report?

Shouldn't be a problem for you, since you say this has nothing to do with the current legal troubles.


*TM - The truth is a copyright/trademark of Mr. David R. Foley.
 
Reguardless of whether or not the individuals making those statements were directly involved in the contract process, there's no way in hell that at least one of those people (hopefully all) didn't talk to legal before releasing their statement. While I certainly don't think too highly of the average intelligence of marketing personnel in a company, when you're talking about the higher ups in the marketing structure (as several of those folks seem to be) they've been very well trained in not making a statement to the press (hacks or not, companies see Gamasutra and others as the press), particularly in matters relating to pending litigation without checking with the lawyers and being sure they can back that up. One rep at a company can have a lack of brain enough to say something dumb (SCEE execs seem really good at that) without checking first, but the possibility of that many companies having the same attack of stupid in talking to the press at the same time is slim at best. If even one of those statements is accurate as to a lack of licensing, the whole package has a problem, and anyone sane would pull those machines off location.

Reguardless, I'm microwaving a case of popcorn, this is going to be a great thread.

I'm not going to get into this too much as I don't want to get in some legal pissing match with an accused individual with an axe to grind... But I think the more likely situation is that if in fact contracts were purchased for these games and rights were signed over, they were purchased from individuals that had no rights to sell them, rather than several companies just magically forgetting that they ever sold the rights to them in the first place.
Of course, that's making the leap of faith that the accused actually attempted to purchase the rights.

The larger issue that may end up being addressed in this case is whether buying a compilation disk of games (Atari Classics/ Namco Museum/Midway Arcade Treasures etc) and including it with a multigame cabinet, allows you access to the roms to run in a Mame type setup, and whether the rights transfer from one owner to another... Could ultimately turn a legal grey area into a black and white situation, which may or may not be a good thing for the hobby.
 
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Lets be fair to Mr. Foley. He's not a felon... yet. The man is innocent until proven guilty. So from our perspective he should be considered innocent... right now. Now, keep in line that there must be some evidence for an indictment to be handed down, but for all we know, the evidence could be manufactured or just not "good" evidence.
 
Lets be fair to Mr. Foley. He's not a felon... yet. The man is innocent until proven guilty. So from our perspective he should be considered innocent... right now. Now, keep in line that there must be some evidence for an indictment to be handed down, but for all we know, the evidence could be manufactured or just not "good" evidence.



Sol Wachtler, the former Chief Judge of New York State, jokingly observed that a prosecutor could persuade a grand jury to "indict a ham sandwich."
 
Lets be fair to Mr. Foley. He's not a felon... yet. The man is innocent until proven guilty. So from our perspective he should be considered innocent... right now. Now, keep in line that there must be some evidence for an indictment to be handed down, but for all we know, the evidence could be manufactured or just not "good" evidence.

I thought I was being fair, I did say "accused felon" And I did offer up an alternative reason for why he could have believed that he legitimately had the rights for these games regardless of how much of a stretch that reasoning is...
But you're right this is America, and I believe in innocent until proven guilty, so I'll go back and remove the word felon... With apologies to the accused.
 
I'm not going to get into this too much as I don't want to get in some legal pissing match with an accused individual with an axe to grind... But I think the more likely situation is that if in fact contracts were purchased for these games and rights were signed over, they were purchased from individuals that had no rights to sell them, rather than several companies just magically forgetting that they ever sold the rights to them in the first place.
Of course, that's making the leap of faith that the accused actually attempted to purchase the rights.

Yeah, this is a very good point. I reread the initial response and "Games were acquired through the purchase of inventory of those games." sounds almost like there was some system of for example buying a Ms Pac board for each of the boards they sold like the Gold Certificate banknotes when we were still on the gold standard or something similar. An interesting approach if that's what occurred, whether it stands up in court I suppose remains to be seen.
 
Lets be fair to Mr. Foley. He's not a felon... yet. The man is innocent until proven guilty. So from our perspective he should be considered innocent... right now. Now, keep in line that there must be some evidence for an indictment to be handed down, but for all we know, the evidence could be manufactured or just not "good" evidence.

It's just a matter of making it official.
 
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