Unauthorized copies of ColecoVision homebrew games

[opcode]

I paid money for the MegaCart development, for the exclusive rights of use, name and logo (which btw was created by Dale Crum). I think it is quite fair that I don't like to see people taking commercial advantage of it without my authorization.

 

Hi Edwardo,

 

I have not used your logo artwork. The word 'mega-cart' is not a trademark as far as I know and is used to describe the scheme in GPL documents and the original public description of the Bryan's boards, including boards for the Atari 5200.

 

I will repeat it again. The megacart bank switching scheme is not a secret and never was. It was publically disclosed and that can't be undone by having a temper tantrum over it.

 

The description was available over 5 years ago in 2005 and still is. It currently appears as open knowledge in the GPL sources of BlueMSX and probably every emulator or product using the BlueMSX sources.

 

If you're cheesed off at David Harley (and you should be!) go take it out on him, but I've stolen nothing from you and won't have you implying that I did.

 

Steve

 

Nothing changes the fact you are taking commercial advantage of something I paid for and haven't authorized you or anybody else to use. But ok, want to use it, go ahead, it isn't like I am going to take legal action or something.

[horseboy]

This is all way too much to read. Somebody give me the short and skinny of it. This guy was selling a cd with all the homebrew roms on it? Did somebody say they were only freely available demos? Or were they the full roms? Why is everybody mad at everybody else in this thread? Why would people stop making and selling games because one guy is a huge douche? Anything else important I missed?

 

 

As far as selling digital copies of games... sounds good, but it is just really cool getting a new game on a cart.

Edited August 5, 2010 by horseboy

[classics]

Nothing changes the fact you are taking commercial advantage of something I paid for and haven't authorized you or anybody else to use.

 

Eduardo, the megacart bank switching scheme is not a secret and nobody needs your permission to use it.

 

You confessed yourself to placing the documentation in the GPL in your posts above, you can't put that cat back in the bag.

 

Even if it hadn't already been released before, which it had, that alone makes it public knowledge.

 

And from your own web site in July 2007:

 

http://web.archive.org/web/20070716012151/http://www.opcodegames.com/megacart.htm

 

Q: I am a homebrew programmer. Could I purchase blank MegaCarts for my own games?

 

A: The MegaCart is not our exclusive property, it's Bryan Edewaard's creation. He streamlined the MegaCart PCB to make it as cheap to produce as possible, and all a programmer needs to add is an EPROM chip with software encoded into it (you can buy such EPROMs from several places). Bryan is ready to sell exemplaries of his MegaCart PCB for a reasonable price, so you only need to seek him out and ask him about it.

 

We were on friendly terms for many years Eduardo. I'm sorry to see you throw that away to make baseless accusations against me for seemingly no gain at all.

 

Please do yourself a favor and take out your frustration, anger and hurt on those who actually earned it.

 

Steve

[youki]

 

 

Nothing changes the fact you are taking commercial advantage of something I paid for and haven't authorized you or anybody else to use. But ok, want to use it, go ahead, it isn't like I am going to take legal action or something.

 

Hi Eduardo,

 

It is not really linked with the subject. But why did you pay for Exclusive right on that ?

 

Aside that, I didn't know it was possible to get exclusive right on something that was (if i understand well) GPL .

 

Anyway i find really pity you stop your business just because of D.H.

I asked him to remove my rom , he did it , i'm satisfied. I would prefer he ask me before selling it of course.. but now it is set for me.

[OldSchoolRetroGamer]

Oh the Drama! What a can of worms that seems to of been opened, frankly I am pretty confused about all the little details but then I am no developer or programmer or making and selling product, just a guy who likes to play Colecovision, likes the convenience of the Atarimax 128 in 1 usb cart. I hope all parties involved are reasonably satisfied in the end but it sure is starting to look like there is no simple answers here, as with most things when everyone has views on rights/morals/entitlements etc. Ah well, sorry I have nothing to really contribute, I'm a pretty simple guy, hope you all can work something out.

[newcoleco]

Why is everybody mad at everybody else in this thread? Why would people stop making and selling games because one guy is a huge douche? Anything else important I missed?

I think we look mad simply because we don't agree on some subjects regarding this hobby of homebrew games. The reaction is sometimes very impulsive leading to unfortunate talking. I'm trying to stay calm regardless of the situation going on, but I feel the need to talk because after all I'm part of the ColecoVision homebrew scene... and I don't like the impression we are giving now.

 

I think that everybody should be able to give their honnest opinion on any subjects in AtariAge forums, specially if it's not a stupidity. And it's not because we agree/disagree on the same subjects that makes us friends/ennemies.

 

Please, stop accusing each others... or go ahead and accuse me too because after all I'm the first one in this thread who talked about copyrighted material in response to Albert's suggestion of filling up a DMCA notice, so I suppose it makes me the unfortunate troublemaker. Be sure that I'll not accept the blame for any bad decisions following this thread.

 

Side note #1 : I can see the potential of things like the sd card cartridge. It will probably increase the number of ColecoVision owners and also increase the number of orders for our new games in cartridges. It may also increase the number of megacart projects and so increase the demand for these special pcbs, reducing (I suppose) their cost by being massproduced. I see this new product as a good thing for the ColecoVision scene. I just feel sad that I can't get one because I'm broke at the moment, but that's ok because I still have the usb cartridge version I'm using all the time to test my projects.

 

Side note #2 : Only a few of you may remember that during more than a year I didn't even code a single line of an homebrew game project; I wasn't fine at all, I needed a long break. All the pressure I've put on myself back then was simply insane. During that time, I've got many messages asking me what will be my next big hit; it was very hard for me. But now, I feel ok, don't putting too much pressure on myself, and I wish that the homebrew scene will keep going because I love sharing my passion for the ColecoVision.

Edited August 5, 2010 by newcoleco

[Pixelboy]

So well, those will probably be happy to know that Opcode Games is no more. At least not the commercial side of it. On the other hand making games is still my hobby, and as an individual there is nothing any company can do to prevent me of porting the games I want to the platform I want to share with whatever friends I want. So that is how things will work for me from now on. I will keep doing the games I like and if you happen to like the same games and also happen to be my friend… good for you. Otherwise it shouldn’t be a big deal for you anyway.

 

So I think that sums up pretty much everything, everybody should be happy now. Defenders of law and justice don’t need to worry about me taking commercial advantage of copyrighted material, bloodsuckers will need to look somewhere else for easy money and resources, and I get rid of all headaches I have been going thru over the years.

I will soon update my website to reflect the changes above. Friends are invited and very welcome to visit me then.

I just got back from a week-long vacation, and this is surprising news indeed. Please believe me when I say that you decision is very sadening and a great loss to ColecoVision fans. I can only hope that you will change your mind eventually.

 

I must assume that I am no longer one of your friends, which is also quite sad, but understandable given the situation and the decision I took late last month. I would like to point out that you have something of mine, which I would like to have returned. I believe you know what I am referring to.

 

Thanks.

[+batari]

 

The full description and implementation of Bryan's mega-cart rom cartridge switching is available to the public in the GPL source code for BlueMSX. The same documentation exists for his mega-cart system for the 5200, which is implemented in other emulators as well.

 

I am granted the exclusive rights of use for the ColecoVision MegaCart. That includes the hardware, name and logo. The MC was included in BlueMSX as by my request and under my authorization. I haven't authorized any other author to use or emulate it.

If you haven't patented it, your rights are limited. Also, you only have a year (in the USA) to apply for a patent on something after its release or it becomes public domain. I was just told this yesterday by a patent lawyer.

 

I'll grant that you have rights to the name, logo and specific CPLD or FPGA code due to copyright law, but you do not have rights to the functional specifications of the Megacart unless you have applied for a patent. This means you cannot legally stop anyone from implementing their own hardware or emulation based on the functionality of the Megacart.

[Greg2600]

I think he just wanted to be asked. I think this is the second major blowup involving Eduardo, which is very surprising, because I met him in person, and he was very very friendly and affable. Very eager to show off his Colecovision creations to everyone at the time.

 

I've seen this kind of thing before, involving an old sci-fi TV show I was a fan of. Certain people would get a hold of "exclusive" material from the show, and would share it. Then someone else would repost it without giving any or enough credit and a war would ensue. Technically nobody owned legal rights to the material, and the windup was that the guys who had obtained it vanished from the community out of anger. And everyone lost. It was very unfortunate, because fans of the show missed out on a lot of rare video and scripts and stuff for DVD releases.

 

I think when you start dealing in the grey area of not having patents or copyrights on things, like a business would, this stuff is inevitably going to happen. I think you have to get a think skin, be pleased that the community rallies behind you and burns the jerkoff at the stake, and keep plugging along.

Edited August 6, 2010 by Greg2600

[tregare]

unless he ahs changed something ont he page, there is nothing on that page for sale, he is offering them up for download but not sale that I can see.

 

Yep! The page has changed since this all kicked off last week. Nothing is for sale now.

 

-sigh- that's what I get for coming in late on a thread...

[128Kgames]

So well, those will probably be happy to know that Opcode Games is no more.

 

WOW. Just wow. That's pretty F'd up that it has come to this. I've been watching this issue since it first blew up and frankly I can't believe everything that's come out. And all the other posts with people trying to point their fingers now at all the homebrewers crying "Witch!", "Witch!", "burn them at the stake!” All because they've written games based on some other companies work.

 

Come on, that's ridiculous, this has been done for as long as I can remember. I played a Star Trek came on my cousin's Tandy Color Computer back in the day, you think that was licensed by Paramount?

 

It's all for fun, isn't it? It's cool to be playing these games on systems they were never written for. Nobody in the scene is here to get rich off of this as far as I know (well, maybe a few guys over in the Neo Geo scene but that's a different story). Isn't this still just a hobby for most of us?

 

So some pin head goes and sells everybody's ROMS without asking. Big deal, get him to pull them from his site and whatever he was selling and let's move on. And no I don't buy his whole "I was just trying to promote the SD cart" thing. It's getting plenty of promotion here just fine. Bottom line is the guy should have contacted you people before selling them just to confirm it was OK to release them. That would have been the right thing to do. You should see the guys over on the the Yahoo! Bally group, they double check everything when it comes to ROMS and the whole what was released to the public domain thing.

 

Eduardo and some of the rest of you I've known and dealt with for a while now, buying what I can when I can. We've emailed each other back and forth a few times, and while I'm not best friends so to speak with anyone in particular, that doesn't mean people like me and others don't care. I really hope you guys don't let this thing just blow up like it has to the point where you can't put things back together. That would be a real shame in the long run.

 

Besides, my two year old isn’t old enough to play these games yet, so we need you around for a while longer.

 

I really hope all of you can get past this, and let things get back to the way they used to be. And Eduardo, whatever you do, don't close up shop over this. I think in the long run you would regret it, being that you are so passionate about the Coleco and your other interests.

[NIAD]

The one problem I have with all this is the fact that I found his site on Tuesday the 27th, browsed through the entire listing and did not come across one rom link that should not have been there. All the roms that were available were either the original releases from back in the 80's, demos, game WIP demos, etc. Basically it was all legit. Trust me when I say I looked hard because...

 

That's funny because neither Super Space Acer nor Waterville Rescue, my two homebrews, are authorized for distribution in such a manner. But they are both there. (I have sent my take down request).

 

Super Space Acer includes this text in the download archive:

 

As such, please do not redistribute this ROM, please do not burn it to carts. It's kind of crappy and it needs to be muchly improved.

 

Waterville Rescue has the even more explicit:

 

As with all my code, redistribution in any form, is not permitted without my written permission. This includes posting on other websites and burning to ROMs for "copy fees", as well as any other form you manage to conceive of.

 

So it's not like they should have been mistaken as ROMs that could be repackaged and sold - I don't even permit distribution.

 

I'll chalk that up to lazyness on my part for not reading through your text documents included with the rom image and I have no defense other to say I went right to the emulator to try it out like 100's of others probably did.

 

Enjoyed the demo of your roms and look forward to one day having the opportunity to purchase completed versions.

[Jess Ragan]

It's easier to lose your cool on the Internet, where there are no perceived consequences, than it is in real life. People who are normally shy in public tend to be tigers online, because it gives them a chance to express themselves in a way that's not possible in face-to-face confrontations.

 

I can understand Opcode's frustration, but as was mentioned previously, no homebrewer is on solid legal ground himself, and he can't expect to have the copyrights for his work respected any more than he's respected the rights of corporations like Namco, Konami, and Sega. You're never going to get rich selling homebrews for old game systems. Just accept any money you receive as a fringe benefit.

 

Having said all that, I like Opcode, I've worked with him in the past, and I hope he doesn't leave this community with hard feelings. He's contributed a lot and I would hope that he's gotten as much out of his involvement as we have.

[opcode]

 

 

Nothing changes the fact you are taking commercial advantage of something I paid for and haven't authorized you or anybody else to use. But ok, want to use it, go ahead, it isn't like I am going to take legal action or something.

 

Hi Eduardo,

 

It is not really linked with the subject. But why did you pay for Exclusive right on that ?

 

Aside that, I didn't know it was possible to get exclusive right on something that was (if i understand well) GPL .

 

Anyway i find really pity you stop your business just because of D.H.

I asked him to remove my rom , he did it , i'm satisfied. I would prefer he ask me before selling it of course.. but now it is set for me.

 

The ColecoVision MegaCart is NOT GPL. BlueMSX is. And BlueMSX emulates MC because I gave dvik consent to do so.

The fact the information is publicly available doesn't give anyone the MORAL rights to commercialy use it without my consent.

It is simple like this, I have invested thousands and thousands of dollars on those games, hundreds, possibly thousands of hours of development. Do you think I can be paid for all my work sellings games at $40 each? Let me tell you that I get paid that much for each hour I work in my current job. So that is no way I could say Opcode Games was a business, because I would be making I ton more money working overtime. Some people don't get it but I do it for the joy and love of the hobby. At $40 a game I am actually giving my work away (which is fine with me, I really enjoy sharing).

What I don't enjoy at all is when I am disrespected by greedy people that want to take advantage of my hard work. It is my right to defend what I have worked so hard, invested so much money, etc. I got a custom case mold made so I could offer brand new cartridge cases (the very same cases that almost every other CV homebrewer is now using), I raised the bar in terms of packaging, I wanted to offer the best I could, and I believe that I succeeded in many areas. I invested on the MegaCart, it is my right to preserve my investment. In addition to being a platform for more advanced games it was a way to make sure my games couldn't be copied and played on a CV. As the author I think I have the right to enforce the way I want people to experience my games, using a real cartridge on a real CV. You don't like it, don't buy it. Now my investment has been ruined because some people think they have the right to emulate the thing so they can sell more of their own product. The specs were available they say. Really? Do we really need to get to this point in a fucking hobby with less than 500 people?

Should I keep investing my time and money when there is no respect for my rights as an author in such a small group? I don't think so.

I don't think I need to prove myself any more than I have already proved. I have done my contribution and I am very proud of it. You can come here and say I am having a temper tantrum all you want, but I don't need to be happy when there are people abusing my work.

[+batari]

I think he just wanted to be asked. I think this is the second major blowup involving Eduardo, which is very surprising, because I met him in person, and he was very very friendly and affable. Very eager to show off his Colecovision creations to everyone at the time.

Yes, it was his work and (although technically public domain now) it is nice to be asked about some things. However, the response surprises me because we create new bankswitching in the 2600 community from time to time and not once has anyone ever hinted that it should not be emulated or implemented it in a flash cart. In fact, this is encouraged, because it promotes your bankswitching method and possibly the cartridge hardware that you may wish to sell. If someone took my bankswitching (such as my Coleco 64k board w/serial EEPROM) and put it in an emulator or flash cart, I would be honored, not upset.

[retroillucid]

. And BlueMSX emulates MC because I gave dvik consent to do so.

 

I don't want to be an ass but....

Ed, that was emulated in BlueMSX a way back from when you acquired rights of the MegaCart

Though, I think it was your request to incorporated it in BlueMSX

 

This was already emulated at the time we developped MarioBros, and at that time, it was not your exclusive property

 

 

Look at the good side of things

This could only help you to sell more PCBs

 

No hard feelings buddy

 

 

Cheers

[classics]

Eduardo, I've said just about all I'm going to say to you about this.

 

Everyone here appreciates the work you have done with the Colecovision, but if you choose to have a tantrum and take your toys and go home it will not be my fault in any way, nor will I _ever_ let you run around telling people that it is without challenging you.

 

I've stolen nothing from you, nor used any single thing that belongs to you, even in the barest degree.

 

The facts speak for themselves clearly above, you are simply wrong.

 

Your calling me immoral, greedy, thieving and disrespectful is just patently absurd.

 

And frankly Eduardo, the only person in this thread being even remotely disrespectful, is you.

 

Steve

Edited August 6, 2010 by classics

[+Yurkie]

I think this whole thing has gone way to far. This has been beaten absolutely to death. I suggest this thread be locked and any follow ups be deleted.

[Arjak]

All right, I can't take it anymore. Here's my opinion:

 

Eduardo...you're being just as big a jerk as David. I wish I didn't have to say it, but it's true.

 

What David did was very wrong, but throwing a tantrum and punishing all the real fans who have been waiting excitedly for your upcoming games and projects (and I proudly include myself in this group) is only making things MUCH worse.

 

Steve didn't mean to upset you over the MegaCart (I think), but don't jump on him for what was hopefully an honest mistake. The real person we should be angry about is David, not Steve. David, as big of a jerk as he is for putting up the ROMs in the first place, has taken them down and doesn't appear to be selling the CD anymore, either.

 

I understand that you must be feeling vulnerable after what David did, but let's not be hasty, let's advance with caution. (First person to catch the game reference in the last sentence gets a smiley.)

 

If you make this decision to close OpCode Games final, piracy wins, because it will be the only way to cherish the great work you've created, whether that work was entirely legal or not. It will make the problem worse, because the thing that angered you will become the only way to play your games.

 

After I bought my first game from you, Yie Ar Kung Fu, I loved it so much, that I wrote a review of it for Retrogaming Times Monthly, where I stated that it was better than the original MSX version that it was based upon. At the end of the review, I posted a link to the OpCode website, encouraging people to buy your games. I did that because I respected that game so much that I wanted others to experience it like I did. I did it because I respected you and your hard work.

 

Please don't throw away that respect by doing this.

 

I love classic systems, and I decided to go with ColecoVision instead of Intellivision because Coleco had more going on; more homebrews. I wanted to support that. In other words, you were one of the reasons that I got this system.

 

I don't want that decision to be hurt by this incident.

 

This is the second time I've seen something like this happen on the internet, and it ended in this exact same way. I don't want history to repeat itself, and if I just stand by and let it happen, I have a feeling that I'll regret it for the rest of my life.

 

Hence this post.

 

Please don't go through with this; don't let bitterness cause a rash decision that will make the problem worse.

 

I beg you.

[jetset]

I think this whole thing has gone way to far. This has been beaten absolutely to death. I suggest this thread be locked and any follow ups be deleted.

 

I was just thinking that. Amazing sometimes what gets locked instantly while other pointless arguments carry on for 9 pages (and counting).

[newcoleco]

A last message... I've got a reply to my last question. Without any precision, David told me that a few cdroms was done and distributed. Maybe I'm a fool, but I'm sure the Coleco fans are smart enough to not make the situation any worst by distributing the files.

 

As for the other subjects going on, I think a few of them are constructives and I've also learned some new things. Maybe we can talk again later about these subjects in another thread like the one started by jaybird3rd.

 

I'm really sad regarding the bad impression this will leave to the fans of the ColecoVision homebrew scene. I personaly want to keep making homebrew games, and I bet it's the same thing for all the Coleco programmers I know. It's unfortunate that this situation was reaching a level where helping each others to make new projects became suddently a bad thing, like being rivals or someting, and it's to the point of penalizing fans who support our games. I can't talk for anyone else than myself but I wish some decisions will be reconsidered and the overall attitude be more friendly.

 

I think I've done my best regarding the situation and the english words I know.

 

Let's take a break of all this, before I say something stupid.

Edited August 6, 2010 by newcoleco

[NIAD]

I think this whole thing has gone way to far. This has been beaten absolutely to death. I suggest this thread be locked and any follow ups be deleted.

 

It's good for business Yurkie. Look at all the views since Eduardo made his first post on July 29th: 6,112 and counting!

[opcode]

While I should be using my free time to program, I get constantly interrupted by this thread, waste precious time, loose focus, etc.

 

All right, I can't take it anymore. Here's my opinion:

 

Eduardo...you're being just as big a jerk as David. I wish I didn't have to say it, but it's true.

 

I am sorry you cannot understand my reasons. In fact I feel sad to hear that.

 

What David did was very wrong, but throwing a tantrum and punishing all the real fans who have been waiting excitedly for your upcoming games and projects (and I proudly include myself in this group) is only making things MUCH worse.

 

I never said I was punishing anyone. In fact I made it very clear that I would always share anything I do with friends, read that in my first post of the day. Of course that includes you and most of the people here.

You see, things just aren't fun anymore. I hate to deal with all those issues all the time. It is a hobby, it is supposed to be fun. So I just want to make it fun for me again.

 

Steve didn't mean to upset you over the MegaCart (I think), but don't jump on him for what was hopefully an honest mistake. The real person we should be angry about is David, not Steve. David, as big of a jerk as he is for putting up the ROMs in the first place, has taken them down and doesn't appear to be selling the CD anymore, either.

 

Need I say what I think about this matter again? I just don't like when people use my toys without asking me first. Even worst when people insist those aren't my toys. Would you like someone using your car without your consent? How about they say the doors were open, the keys were there. Does it make any difference? Should I just overlook because now I can play Zaxxon for the next 40 years without the need of the original cartridge?

 

If you make this decision to close OpCode Games final, piracy wins, because it will be the only way to cherish the great work you've created, whether that work was entirely legal or not. It will make the problem worse, because the thing that angered you will become the only way to play your games.

 

I am doing what I should have done from the very beginning, treating Opcode as a hobby to share with friends.

 

After I bought my first game from you, Yie Ar Kung Fu, I loved it so much, that I wrote a review of it for Retrogaming Times Monthly, where I stated that it was better than the original MSX version that it was based upon. At the end of the review, I posted a link to the OpCode website, encouraging people to buy your games. I did that because I respected that game so much that I wanted others to experience it like I did. I did it because I respected you and your hard work.

 

And I thank you very much for that. In fact those things keep me going. As it is now it is just being immensely frustrating, beyond words.

 

Please don't throw away that respect by doing this.

I love classic systems, and I decided to go with ColecoVision instead of Intellivision because Coleco had more going on; more homebrews. I wanted to support that. In other words, you were one of the reasons that I got this system.

 

And I regret that my relationship with people that get my games is totally in the professional level. You know, "thanks for your order, support, blabla, now my $40 please.". What is the fun on that?

 

I don't want that decision to be hurt by this incident.

 

This is the second time I've seen something like this happen on the internet, and it ended in this exact same way. I don't want history to repeat itself, and if I just stand by and let it happen, I have a feeling that I'll regret it for the rest of my life.

 

 

Would I be wasting my time with all of this if I didn't care? I care to the point it hurts. And I know pretty well how much those things have cost me (and I am not talking about money). I wasn't born American, Canadian, European. English isn't my first language. I fight the odds to be here. I got this job in the US mostly because I wanted to be closer to my hobby, even if my work has nothing to do with that. Lots of challenges I tell you...

 

Eduardo

[Tursi]

Enjoyed the demo of your roms and look forward to one day having the opportunity to purchase completed versions.

 

Thanks! I hope to get to them next month or so.

[Tursi]

I think this whole thing has gone way to far. This has been beaten absolutely to death. I suggest this thread be locked and any follow ups be deleted.

 

I was just thinking that. Amazing sometimes what gets locked instantly while other pointless arguments carry on for 9 pages (and counting).

 

That's cause we aren't in the Jaguar forum

 

Running away now...