SeaGtGruff Posted August 10, 2011 Share Posted August 10, 2011 The only thing that might be copyrightable is the Atari symbol, the "fuji". That's what I thought when I looked, too. Michael Link to comment Share on other sites More sharing options...
RevEng Posted August 10, 2011 Share Posted August 10, 2011 The only thing that might be copyrightable is the Atari symbol, the "fuji". That's what I thought when I looked, too. Michael I think that would be a trademark issue, not a copyright one. If that's the case, then Atari could be seen as abusing the DMCA. Link to comment Share on other sites More sharing options...
svenski Posted August 10, 2011 Share Posted August 10, 2011 (edited) You might want to put some text at the bottom of your site saying that Atari and the "Fuji" symbol are registered trademarks of Atari Inc, all other trademarks acknowledged. At the end of the day, you are showing your own software, and I doubt any judge would uphold a copyright suit against a fan doing a couple of demos for a long dead computer platform. As far as I know Atari Inc sold the rights to "800XL" to IBM (I think) years ago so this would suggest they haven't got a clue. I'd reply as Reveng has suggested. DMCA notices have a strict format to follow and what you've got is very vague. Atari can't go after you for mentioning Atari 130XE etc otherwise they'd have to go after every website and every magazine that mentions Atari this, Atari that. Don't panic but don't ignore it. Usually these sort of people back track very quickly when they realise their bully tactics haven't worked and someone has the minimum of knowledge to call them up on what are very obvious mistakes. Just as someone can be fined for breaching the DMCA, those making false DMCA claims can also be fined. I've posted some comments on the Atari User blog . Edited August 10, 2011 by svenski 1 Link to comment Share on other sites More sharing options...
Bryan Posted August 11, 2011 Share Posted August 11, 2011 Atari fans have been sticking fuji's on things since Atari's beginnings. Every user group newsletter had at least one! It all just fell under fair use for fans of the platform. I can guarantee you Apple isn't suing people for pasting their love of Apple all over the place. pps isn't doing anything Atari needs to worry about in the least. This needs to be promoted to the point that Atari gets embarrassed over it. I doubt we could get it on Slashdot, but spread the word and maybe they'll think twice before coming after the fans. Link to comment Share on other sites More sharing options...
hitchcock4 Posted August 11, 2011 Share Posted August 11, 2011 I agree that you should reply, ask what they feel is under their copyright. HOWEVER, make sure that your reply is in German, as they wrote to you in English. Ha, ha Link to comment Share on other sites More sharing options...
Bryan Posted August 11, 2011 Share Posted August 11, 2011 Jose... Jose... Jose... None of that makes any sense.. You should learn to speak english before you try to enter arguments. Otherwise, you just look like some rambling pissed off 3rd-worlder, whom noone is going to take seriously.. Don't you see? It's brilliant! Have José write a 10 page reply and see how long it takes their team of lawyers to figure it out. 3 Link to comment Share on other sites More sharing options...
RevEng Posted August 11, 2011 Share Posted August 11, 2011 This needs to be promoted to the point that Atari gets embarrassed over it. I doubt we could get it on Slashdot, but spread the word and maybe they'll think twice before coming after the fans. One could easily interpret the situation thusly... Homebrewers and fans have been using the Fuji without complaint for decades, and Atari has failed to provide a timely infringement suit in any of the cases. As such they have provided their implied consent - a classic trademark infringement defense. Atari now appears to be sending bogus DMCA notices to stop use of their trademarks, circumventing the correct legal process which they would quite likely lose. ...if pps or anyone else receiving this garbage contacts the EFF, I could see this getting Slashdot worthy pretty quickly. Link to comment Share on other sites More sharing options...
doctorclu Posted August 11, 2011 Share Posted August 11, 2011 Atari now appears to be sending bogus DMCA notices to stop use of their trademarks, circumventing the correct legal process which they would quite likely lose. ...if pps or anyone else receiving this garbage contacts the EFF, I could see this getting Slashdot worthy pretty quickly. Heheh!! Do it! Link to comment Share on other sites More sharing options...
JamesD Posted August 11, 2011 Share Posted August 11, 2011 Make sure nothing on the site uses the Atari logo in any way. It looked like it was in a demo. Other than that they probably don't have a leg to stand on. Link to comment Share on other sites More sharing options...
MEtalGuy66 Posted August 11, 2011 Share Posted August 11, 2011 PPS, here is a revised version of my Atari 130XE Slideshow that appeared on the New Years 2010 Demo disc (The one responsible for the big obvious atari-logo in your animated gif on the New Years Demo page). This version has all of the ATARI logos removed: 130XE REVISED Slide Show.zip If you will replace the 130XE Slide Show.ATR within the New Years Demo 2010 archive with this one, and then remove the screenshot frame from your animated GIF on the New Years Demo 2010 page of your site, it should take care of the problem. Hope this helps, Metalguy66 Link to comment Share on other sites More sharing options...
toptenmaterial Posted August 11, 2011 Share Posted August 11, 2011 Tempest is correct. Ignore it. Or you could block your phone number and prank call the sh!t out of them. Just scream in German. Link to comment Share on other sites More sharing options...
fibrewire Posted August 11, 2011 Share Posted August 11, 2011 ** sigh ** The best thing to do is to NOT take up arms against Atari, and simply not respond at all to the email from Atari. No extreme measures are necessary, and this is how angry mobs are created. The only thing that WILL happen is someone here who is well versed in law will hit a nerve at Atari, and we will all be banned from using the Atari logo from all homebrew and fansite anything. What we COULD do is ask a paralegal to draft a generic document that asks permission to use the Fuji logo for AtariAge homebrew projects that states the developer will acknowledge Atari's copyright on the logo. You might find that they will allow us to use the logo for whatever product, and could even grant us as an officially licensed distributor of Atari software. Best bet is to ask Curt Vendel, since he has already worked with Atari in recent years. Please don't send anything to Atari, also no need for torches and pitchforks. Nothing good can come from this thread even existing. Link to comment Share on other sites More sharing options...
MEtalGuy66 Posted August 11, 2011 Share Posted August 11, 2011 I guess these guys are in some REAL shit: http://www.atari.org/services/webmaster_graphics.php Link to comment Share on other sites More sharing options...
fibrewire Posted August 11, 2011 Share Posted August 11, 2011 I guess these guys are in some REAL shit: http://www.atari.org/services/webmaster_graphics.php If I could smile any bigger, my face would break. Ahh - Atari lawyers closing in on giftwrapped lawsuit in 3... 2... 1... Link to comment Share on other sites More sharing options...
+wood_jl Posted August 11, 2011 Share Posted August 11, 2011 (edited) I can't believe they'd chastise people for displaying the logo. If that's true, what a bunch of cocks they are, and I wish they'd hurry up and go out of business now. Somebody should slashdot this, and inspire a grass-roots movement to boycott "everything Infogrames" on account of this. Then after the bastards go tits-up, people won't be hassled any more. I'd really like to see them fold up. It was actually just free advertising for the pricks. While they're ruining the damn logo by putting it on shit products, they're hassling people for stirring nostalgia, perhaps the only thing they have left. DIE INFOGRAMES, DIE! In the meantime, ignore them. They're just charlatans with no teeth, and looking to whore out the logo for bucks (anybody may purchase it to affix to their shit products) so that must be the basis of their objection, since they have nothing decent on which to affix the logo. Rather than simply edit-out the Atari logo, replace it with a new "DIE INFOGRAMES" logo. Edited August 11, 2011 by wood_jl 5 Link to comment Share on other sites More sharing options...
Vaughan Posted August 11, 2011 Share Posted August 11, 2011 I'm with Fibrewire - do nothing. In an all out war you've only got something to lose. It's not worth getting worked up about, imo. They have no jurisdiction in Germany, but getting nasty about merely puts your head above the parapet. You're asking to get it shot off. Link to comment Share on other sites More sharing options...
toptenmaterial Posted August 11, 2011 Share Posted August 11, 2011 @wood_jl: agreed, the real Atari is in the mind, in our living rooms, and most importantly on AtariAge! Infogames or whatever the heck controls the IP now is like a mid-80s, lost post-Ozzy Sabbath. Link to comment Share on other sites More sharing options...
+rdemming Posted August 11, 2011 Share Posted August 11, 2011 Do you think I should replace my avatar to keep AA out of trouble? Robert Link to comment Share on other sites More sharing options...
Bryan Posted August 11, 2011 Share Posted August 11, 2011 Next they'll want people avoiding the name too. To be safe, Albert should change the name of the site to: The Age of the Company Which Must Not Be Named Maybe Faicuai was right... It's safer to call it the Jay Miner 800! 1 Link to comment Share on other sites More sharing options...
carmel_andrews Posted August 11, 2011 Share Posted August 11, 2011 (edited) PPS just gave me an idea Perhaps i should change my name to ATARI, then... since i was born before Atari came into being, I can sue Atari for stealing my name and commercially profitting from it After all, it almost worked in france where a group of women called 'clio/cleo' tried to sue renault over the branding of a particular range of renault cars (unfortunately they lost out in the french high court) Edited August 11, 2011 by carmel_andrews Link to comment Share on other sites More sharing options...
+rdemming Posted August 11, 2011 Share Posted August 11, 2011 Next they'll want people avoiding the name too. To be safe, Albert should change the name of the site to: The Age of the Company Which Must Not Be Named Maybe Faicuai was right... It's safer to call it the Jay Miner 800! LOL I suggest to replace every mention of Atari to "当たり" (The GO term "Atari" in Japanese) . I don't think they would search for kanji characters Robert Link to comment Share on other sites More sharing options...
JamesD Posted August 11, 2011 Share Posted August 11, 2011 Replace all references to Atari with some odd symbol and refer to them as the company formerly known as Atari. Or just call them Legal Nazis. Never underestimate the power of a Lawyer trying to justify the existence of his job. Link to comment Share on other sites More sharing options...
svenski Posted August 11, 2011 Share Posted August 11, 2011 You should never ignore DMCA notifications and cease and desist letters. The only time you should possibly ignore letters from lawyers and solicitors is when they're acting for a creditor or debt collection agency and may be on a phishing trip . These people like nothing more than people to ignore them and then escalate and hopefully get a judgement by default. Link to comment Share on other sites More sharing options...
atarixle Posted August 11, 2011 Share Posted August 11, 2011 I was about to say, tell'em to talk german to you ... Link to comment Share on other sites More sharing options...
JamesD Posted August 11, 2011 Share Posted August 11, 2011 Hmmm... since the symbol is just a Fuji symbol, I have to wonder if that's kinda like trademarking the letter A. It can't be legal. In order for them to trademark it, the word ATARI would have to be under it or people working in the Trademark department just wouldn't know the symbol is a Japanese Fuji. Perhaps we should send a few letters. Japan has to have been violating their trade mark for hundreds of years. And there are possible free speech issues if the site is in the USA. To use the Atari name on the site name might be an issue but for us to talk about Atari isn't. 1 Link to comment Share on other sites More sharing options...
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