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Ive got email from ATARI today...


522 replies to this topic

#1 pps OFFLINE  

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Posted Wed Aug 10, 2011 11:05 AM

Can anyone tell me, what the h. my own written programmes - and those written by people here in the forum - can affect any of ATARIs copyrights?

Atari, Inc.
417 5th Avenue
New York, NY 10016-2204

Tel: 212-726-6500
Fax: 212-726-4214
E-mail: us.legal@atari.com

August 9, 2011

Re: ppsberlin.de

Dear Domain Admin:

I am writing on behalf of Atari, Inc./Atari Interactive, Inc. ("Atari") to demand that you immediately and permanently cease and desist from the infringing activities described below and comply with the other demands set forth in this letter.
Atari is a global producer, publisher and distributor of interactive entertainment software for all market segments and all interactive game platforms. Atari is the exclusive owner of intellectual property rights, including copyrights and trademarks, in numerous interactive entertainment software products, including those listed below, and vigilantly protects its rights.

Based on available information, Atari has a good faith belief that the url(s):

http://www.ppsberlin.de/
http://www.ppsberlin.../new-years-disc
http://www.ppsberlin...starsoft-berlin


infringes its copyright and other intellectual property right by copying, reproducing and/or offering for distribution, display and/or download (including through links to other sites) unauthorized console emulation software and/or unauthorized copies of game products (software) protected by Atari's copyright rights. Atari's copyrighted works that have been infringed include:
Atari 400; Atari 800; Atari 800XL; Atari 130XE
The infringing material or the material that is the subject of infringing activities (collectively referred to as "Infringing Material") is listed and/or identified by console and game-related titles or variations thereof, console and game-related descriptions, or images of console and game-related artwork.
The Infringing Material is in violation of Atari's exclusive rights under the United States Copyright Act. It therefore constitutes copyright infringement in violation of 17 U.S.C. 501. Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified at 17 USC 512, Atari demands that you 1) expeditiously remove or disable access to the Infringing Material; and 2) take steps to prevent further infringement of Atari's intellectual property rights at the above referenced URL(s).
I have a good faith belief that use of the copyrighted materials described herein is not authorized by Atari, its agent, or the law. The information in this notification is accurate. Under penalty of perjury, I affirm I am authorized to act on behalf of Atari whose exclusive copyright rights I believe to be infringed as described herein.

This notice is not intended to be a complete statement of the facts or law in this matter. Nor is it intended to be a complete statement of Atari's positions, rights or remedies, legal or equitable, all of which are specifically reserved.

If you have any questions, please contact me by phone 212-726-6500 or email at us.legal@atari.com.

Thank you.

Regards,

Kristen Keller,
SVP & General Counsel



#2 Stephen OFFLINE  

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Posted Wed Aug 10, 2011 11:14 AM

Tell them to go get f'cked.

#3 Rex Dart OFFLINE  

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Posted Wed Aug 10, 2011 11:18 AM

What he said ^

#4 Tempest OFFLINE  

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Posted Wed Aug 10, 2011 11:28 AM

I've got one or two of those in my files, just ignore it. Sounds like they're simply doing a scan for the word ATARI and looking for download links. I can guarantee that they didn't bother to look at the content of the pages.

Another possibility is that someone forwarded them your pages. Have you ticked anyone off lately?

Tempest

#5 emkay OFFLINE  

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Posted Wed Aug 10, 2011 11:30 AM

1. You're living in Germany, not in the USA. So they have to write this in german.
2. This "Letter" is too raw. No specific point is declared.
3. They "believe" , you do copyright infringements..... This is the most ridiculous point.

My proposal for this: Print it on a letter, got to the Toilet, and do a good wipe with it ;)








#6 nathanallan OFFLINE  

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Posted Wed Aug 10, 2011 11:31 AM

I am going to try to call them and ask about the Flashback being made by AtGames. Shameless trolling here; will report back.

edit/ Well, that isn't the number to call also need a phone of my own to do it on. Just can't justify it to my boss :P

Edited by nathanallan, Wed Aug 10, 2011 11:37 AM.


#7 SoundGammon OFFLINE  

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Posted Wed Aug 10, 2011 11:32 AM

How about this idea:

Send Atari a bill for your TIME programming THEIR machine! After all, they paid THEIR programmers to do it! Why shouldn't you get paid???

#8 Rex Dart OFFLINE  

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Posted Wed Aug 10, 2011 11:32 AM

My proposal for this: Print it on a letter, got to the Toilet, and do a good wipe with it ;)


You forgot "mail it back to Ms Keller"

#9 Jos Pereira OFFLINE  

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Posted Wed Aug 10, 2011 11:33 AM

That really piss me of.
Just send them an answer:

Atari, Inc.
417 5th Avenue
New York, NY 10016-2204

Tel: 212-726-6500
Fax: 212-726-4214
E-mail: us.legal@atari.com

August 9, 2011

Re: ppsberlin.de

Dear Domain Admin:

I am writing on behalf of Atari, Inc./Atari Interactive, Inc. ("Atari") to demand that you immediately and permanently cease and desist from the infringing activities described below and comply with the other demands set forth in this letter.
Atari is a global producer, publisher and distributor of interactive entertainment software for all market segments and all interactive game platforms. Atari is the exclusive owner of intellectual property rights, including copyrights and trademarks, in numerous interactive entertainment software products, including those listed below, and vigilantly protects its rights.

Based on available information, Atari has a good faith belief that the url(s):

http://www.ppsberlin.de/
http://www.ppsberlin.../new-years-disc
http://www.ppsberlin...starsoft-berlin


infringes its copyright and other intellectual property right by copying, reproducing and/or offering for distribution, display and/or download (including through links to other sites) unauthorized console emulation software and/or unauthorized copies of game products (software) protected by Atari's copyright rights. Atari's copyrighted works that have been infringed include:
Atari 400; Atari 800; Atari 800XL; Atari 130XE
The infringing material or the material that is the subject of infringing activities (collectively referred to as "Infringing Material") is listed and/or identified by console and game-related titles or variations thereof, console and game-related descriptions, or images of console and game-related artwork.
The Infringing Material is in violation of Atari's exclusive rights under the United States Copyright Act. It therefore constitutes copyright infringement in violation of 17 U.S.C. 501. Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"), which is codified at 17 USC 512, Atari demands that you 1) expeditiously remove or disable access to the Infringing Material; and 2) take steps to prevent further infringement of Atari's intellectual property rights at the above referenced URL(s).
I have a good faith belief that use of the copyrighted materials described herein is not authorized by Atari, its agent, or the law. The information in this notification is accurate. Under penalty of perjury, I affirm I am authorized to act on behalf of Atari whose exclusive copyright rights I believe to be infringed as described herein.

This notice is not intended to be a complete statement of the facts or law in this matter. Nor is it intended to be a complete statement of Atari's positions, rights or remedies, legal or equitable, all of which are specifically reserved.

If you have any questions, please contact me by phone 212-726-6500 or email at us.legal@atari.com.

Thank you.

Regards,

Kristen Keller,
SVP & General Counsel




______________________________________________________________________________________
This is something you send to a friend of me and thousands of our friends.
We are guys that write stuff for all the atari Machines from the past, that spent our time and even Money to get new Things but for older machines.


In what it's related to me, an PPS also, we are doing stuff for Atari 8bit Machines.
Something that old atari Bosses, like the Tramiels didn't correctly support.
(And always didn't know how to Market Atari computers and all their products)
If they correctly supported their machines and Products maybe we have now atari in the machines Marketing in competition with Nintendo, Sony, Microsoft or evn in computer machines with Apple.
As Atari 8 bit computers related, we are doing, for example games, most of them that old companies didn't bother to release versions... yes, and you Infogrames were one of those companies.


I think you recently contact Nolan Bushnell founder of Atari to take a place in your Administratrion.
Hope he will help in changing your bad practices.


As I said there are thousands that does this Demos, Programs, Games, Hardware add-ons for all old atari Machines.
For old atari Machines that I don't think you Infogrames ever want nor enter in the computer/video games machines business (only on Flash Video).

Thousands over the World, so try to catcth all.
You'll probably lost more than what will win.
Not only what a Web action too all know what's the great ATARI practices but also, for sure an increase of your Games sell.



As I said I am also one of them.
I am doing Gfxs. for others to code Games/Demos/... for atari 8bit computers.
Here's one of the Games I am trying:
www.a8subhunter.blogspot.com
But I have Thousands of screens, files and other stuff on the Net and at Retro computers Forums.
Please go into Google and just digit. 'Jos Pereira' to find mine.
Then, as I know, you Portugal it's one of the Eleven or Twelve countries where you have offices.
There is many 'Jos Pereira' in Portugal but if you go into Law it's simple to find me.
So, have the guts and do this.
I will be waiting.




Sheet for you ATARI Inc.
It seems that 'Bad practices' at Atari Inc. just never END!
Sincerily, yours Atari addict.
Jos Pereira.

#10 Eagle OFFLINE  

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Posted Wed Aug 10, 2011 11:34 AM

Tell them to go get f'cked.

:thumbsup:

#11 Jos Pereira OFFLINE  

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Posted Wed Aug 10, 2011 11:41 AM

I am going to try to call them and ask about the Flashback being made by AtGames. Shameless trolling here; will report back.

edit/ Well, that isn't the number to call also need a phone of my own to do it on. Just can't justify it to my boss :P


Forget that but as we all know/remember Atari aren't good in what they havve/had to be good anyway!...

#12 thorfdbg OFFLINE  

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Posted Wed Aug 10, 2011 11:41 AM

Tell them to go get f'cked.


This is a very bad advice and can cause a lot of trouble. This is legal stuff, and it doesn't get better if nothing happens.

On this letter, I suggest to write them a note in which you ask them which material they believe infringes their copyright (I cannot see any, but who knows) and tell them that you would remove the material in question if they can provide details which and in which form it infringes their copyright. Tell them furthermore that you believe that there is no copyright infringement as far as you are aware of.

If they continue to bug you, I afraid you would have to react in one way or another and seek legal advice. I believe nobody in this group is professional enough to do that.

#13 roland p OFFLINE  

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Posted Wed Aug 10, 2011 11:44 AM

Forget that but as we all know/remember Atari aren't good in what they havve/had to be good anyway!...

Indeed, they have turned into a shameless spambot :x

#14 Tempest OFFLINE  

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Posted Wed Aug 10, 2011 11:45 AM

Tell them to go get f'cked.


This is a very bad advice and can cause a lot of trouble. This is legal stuff, and it doesn't get better if nothing happens.

On this letter, I suggest to write them a note in which you ask them which material they believe infringes their copyright (I cannot see any, but who knows) and tell them that you would remove the material in question if they can provide details which and in which form it infringes their copyright. Tell them furthermore that you believe that there is no copyright infringement as far as you are aware of.

If they continue to bug you, I afraid you would have to react in one way or another and seek legal advice. I believe nobody in this group is professional enough to do that.

I wouldn't bother responding unless they send you a second note. If you don't respond there's a 99.99% chance that you'll never hear from them again, but if you respond right away they'll think they're onto something.

Just my opinion though.


Tempest

#15 Rybags OFFLINE  

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Posted Wed Aug 10, 2011 11:48 AM

Sounds like a right old crock.

If they have a problem with emulation, then they better fire up the production line and start making real legacy hardware again.

#16 nathanallan OFFLINE  

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Posted Wed Aug 10, 2011 11:49 AM

That really piss me of.
Just send them an answer:

Atari, Inc...
...
I will be waiting.

Sheet for you ATARI Inc.
It seems that 'Bad practices' at Atari Inc. just never END!
Sincerily, yours Atari addict.
Jos Pereira.

This is a GREAT response! Just asking, was it translated? The grammer is not spot-on.

#17 therealbountybob OFFLINE  

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Posted Wed Aug 10, 2011 11:53 AM

Send Chuck Norris round ;)
ChuckNorris.jpg

#18 Jos Pereira OFFLINE  

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Posted Wed Aug 10, 2011 11:54 AM

That really piss me of.
Just send them an answer:

Atari, Inc...
...
I will be waiting.

Sheet for you ATARI Inc.
It seems that 'Bad practices' at Atari Inc. just never END!
Sincerily, yours Atari addict.
José Pereira.

This is a GREAT response! Just asking, was it translated? The grammer is not spot-on.



No problem they will understand.
If you here understand me why they don't ;) ?

They always have the Portugal Office to contact me.
Like other said about beeing in German, I also are waiting for a portuguese answer from Atari Inc. Portugal office.
Have to wait and see if they understand.
If they don't I can always sent them a 'paint' like in the Coca-Cola advert some years ago :D

Edited by Jos Pereira, Wed Aug 10, 2011 11:56 AM.


#19 RevEng OFFLINE  

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Posted Wed Aug 10, 2011 11:59 AM

I'd ignore it. If you feel you need to reply...


This letter is a formal response to a claim of copyright infringement against one or more of the documents on the following locations:


http://www.ppsberlin.de/
http://www.ppsberlin.../new-years-disc
http://www.ppsberlin...starsoft-berlin
I believe the claims of copyright infringement are inaccurate because:

The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights.

Further, the complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512©(3). Specifically, the complainant has failed to:


* Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512©(3)(A)(ii)]
* Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512©(3)(A)(iii)]
The works listed in the initial takedown notice as being allegedly infringing are in fact Atari computer hardware models, and not the name of any provided materials.

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

[/list]


#20 edintv OFFLINE  

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Posted Wed Aug 10, 2011 12:03 PM

You will need to reply them in German and in the bottom a very broken english that they need to traslate the letter because you dont speak english. Im pretty sure they will stop nagging you after that.

#21 Hatta OFFLINE  

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Posted Wed Aug 10, 2011 12:04 PM

They're in the US, you're in Germany. You can't be tried for breaking US law. Ignore it.

#22 kurtm OFFLINE  

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Posted Wed Aug 10, 2011 12:04 PM

Can anyone tell me, what the h. my own written programmes - and those written by people here in the forum - can affect any of ATARIs copyrights?

(Stupid letter deleted)


They are doing a naive search for ATARI and sending out nastygrams. Very lazy lawyering. For a real DMCA request, they have to say what specifically is infringing. And really, if you were really infringing, they could send it to your ISP and have it shut down. They are just "protecting" the Atari name.

They are just using the lazy approach to scare anyone who's actually infringing into taking down their stuff. Myself, I'd lean towards ignoring it unless they send a second note. Then I'd ask them what you are infringing. Since you aren't actually hosting anything of theirs, I bet you'd never hear from them again. It's not worth the lawyer time to really do any more than this lazy approach.

#23 sloopy OFFLINE  

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Posted Wed Aug 10, 2011 12:15 PM

i have a vonage phone, if you want, i can call you and then call them with 3way calling, and you can talk to them. i will cover the cost of the phone call (its only $0.05/min for me, so even an hour on the phone is pocket change), and being in the US, calling them is free for me.


send me an IM here on AA if your interested and want to set up a time...

and i agree this is a load of fertilizer...

sloopy.

#24 Stormbringer OFFLINE  

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Posted Wed Aug 10, 2011 12:23 PM

Tell them to go get f'cked.


This is a very bad advice and can cause a lot of trouble. This is legal stuff, and it doesn't get better if nothing happens.

On this letter, I suggest to write them a note in which you ask them which material they believe infringes their copyright (I cannot see any, but who knows) and tell them that you would remove the material in question if they can provide details which and in which form it infringes their copyright. Tell them furthermore that you believe that there is no copyright infringement as far as you are aware of.

If they continue to bug you, I afraid you would have to react in one way or another and seek legal advice. I believe nobody in this group is professional enough to do that.

I wouldn't bother responding unless they send you a second note. If you don't respond there's a 99.99% chance that you'll never hear from them again, but if you respond right away they'll think they're onto something.

Just my opinion though.


Tempest



I agree, please don't respond to them unless they send you another notice. You just might end up stirring a hornets nest for no reason.

#25 pps OFFLINE  

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Posted Wed Aug 10, 2011 12:26 PM

Its a pitty that ATARI nowadays has nothing else to do, than that.

As Im living in Germany and the whole webspace is located, even physically, here in Berlin, Im not that afraid of that letter. Not to mention here in Germany the native language is not Englisch and so theyll have to tell their wishes in MY native - not their.

But Im very sad that a company, formally even a software developer - Infrogrames never been more than that - now seems to get money with that.

ATARI left us alone - the people who gave their money for all the hard and software in the past. No help or anything for their old customers - ATARI 8 bit was cancelled - then the ST, then the FALCON & the Jaguar, the Lynx - everytime none of the "old systems" got interest by ATARI.

Now - ages since the "real" ATARI Inc. has gone - and ages WE are doing something for our own pleasure with these "fallen" machines, someone who has bhought the name ATARI and its patents and rights is doing this.

I am very sad for "ATARI" nowadays. Maybe nothing new will come into my house with this name in future.




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