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Atari cease and desist?


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#1 Propane13 OFFLINE  

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Posted Tue Aug 23, 2011 7:50 AM

Check this out:

http://atariuser.blo...ienate-and.html

It's been slashdotted too:
http://games.slashdo...ease-amp-Desist

Is it true that Atari is going after domains, or is this a bunch of crap?

-John

#2 atari2600land OFFLINE  

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Posted Tue Aug 23, 2011 7:57 AM

Should *I* be worried?

#3 RevEng ONLINE  

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Posted Tue Aug 23, 2011 8:03 AM

There's already a thread about it here, and here's the original thread that kicked it all off.

Sad days.

#4 Deteacher OFFLINE  

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Posted Tue Aug 23, 2011 7:36 PM

Should *I* be worried?


Based on what seems to be happening, I would say yes. :(

#5 HatefulGravey OFFLINE  

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Posted Tue Aug 23, 2011 7:47 PM

So they will be coming after AtariAge as well if these is all true. Screw em. Why would they go out of their way to screw their fan base? Hell, the old stuff is the most popular thing they have going for them. Everything I have seen from them in the last few years is a compilation or crap.

I hope this is all a bad joke. If they are trying to kick us all out I would like to know why. It isn't like they are making money off the VCS sales anymore so why should they care? Its all in the used market now. If they want to go back to releasing VCS titles cool, if not f*ck off.

#6 ntavio OFFLINE  

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Posted Tue Aug 23, 2011 7:58 PM

Makes me wonder if they are working on a new console. :ponder: :?

OR just being pr**ks.

#7 SpaceDice2010 OFFLINE  

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Posted Wed Aug 24, 2011 12:44 AM

Is the full text of the C&D letter available anywhere? I am not fully understanding what Atari's issue is. I read somewhere that it was because "atari" was contained in the domain name in it's entirety. Is that what the issue is?

There is a lot of misinformation in this thread about IP law.

If I owned atari2600.org and they wanted it and I didn't care that much about it, then I would let Atari pay the $1400 filing fee and get it through the UDRP process. Let them pay for it that way if they don't want to pay me for it. IF Atari was upset about the domain name, then having a parked page up as it is in it's current form is probably the worst thing that one could do. Atari could argue that the domain name is being used in bad faith as there are commercial links.

Regarding hosts and DMCA. Forget about the DMCA and takedown notice process in this case. It appears that Atari is concerned about the name "Atari" being used in a domain name. The "DMCA takedown notice" process is used when a violation of a copyrighted work appears on a website. This doesn't appear to be the case.

Regarding ignoring the notice and saying that one never got it. What is going to happen is if Atari wants the domain bad enough they will go through the UDRP process and whoever is the admin contact for the domain will get notified that a dispute is in process. This is why ICANN requires the domain holder to keep up to date information on file.

Does Atari have a right to the domain name? Tough call. In UDRP disputes the challenger wins most of the time. You don't even need to have a trademark to take a domain name. Atari's trademark on Atari2600 expired July 24, 1995. Tough call what the panel would rule. (A court would most likely rule against Atari.)

Here is a nice search tool to see the status of domain disputes -
http://www.domainfight.net/
(To answer someone's question, domain names do not go to parked pages during a dispute. So it appears that the owner parked the page with the registar.)

If one wants to search trademaks here is where to do that -
http://www.uspto.gov...les/acadres.htm (top right hand side link.)

Now. If Atari sent me that letter I would respond saying that I do not believe that they have a valid right to the domain name and furthermore state that the domain name was never used in bad faith.

Now, if it's an issue about the content that was on the site, ignore everything that I just said.

#8 SpaceDice2010 OFFLINE  

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Posted Wed Aug 24, 2011 12:45 AM


Should *I* be worried?


Based on what seems to be happening, I would say yes. :(


Short answer - No. Don't be worried.

#9 Matthew OFFLINE  

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Posted Wed Aug 24, 2011 1:02 AM

Looks like a declaration of war to me. They "Atari" have fired the first shot, let it be there last!. :twisted:

#10 nathanallan OFFLINE  

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Posted Wed Aug 24, 2011 1:10 AM



Should *I* be worried?


Based on what seems to be happening, I would say yes. :(


Short answer - No. Don't be worried.

Right, I wouldn't be worried either. But if they demand your domain name, demand payment for it then change one letter, make it ataro2600land or something. akari2600land. Your fans will still know you're there.

#11 Matthew OFFLINE  

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Posted Wed Aug 24, 2011 1:22 AM

make it ataro2600land or something. akari2600land


That sucks brah!.

#12 the.golden.ax OFFLINE  

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Posted Wed Aug 24, 2011 2:19 AM

Theory:

Atari wants to claim losses, and sees this as a legitimate traceable way to do that.

AX

#13 Schizophretard OFFLINE  

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Posted Wed Aug 24, 2011 3:06 AM




Should *I* be worried?


Based on what seems to be happening, I would say yes. :(


Short answer - No. Don't be worried.

Right, I wouldn't be worried either. But if they demand your domain name, demand payment for it then change one letter, make it ataro2600land or something. akari2600land. Your fans will still know you're there.


Do they own the word Atarian?

#14 Schizophretard OFFLINE  

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Posted Wed Aug 24, 2011 3:06 AM

copy

#15 Amstari OFFLINE  

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Posted Wed Aug 24, 2011 3:24 AM

There is a post about pps getting an apology from Atari but he hasn't posted a copy of it yet.

http://www.atariage....ost__p__2355561

Although this is a different sitation because his domain name doesn't contain the word "Atari" but they claimed he had material that infringes copyright on his page.

#16 Random Terrain OFFLINE  

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Posted Wed Aug 24, 2011 4:17 AM

There is a post about pps getting an apology from Atari but he hasn't posted a copy of it yet.

It's a trap!

www.youtube.com/watch?v=dddAi8FF3F4
http://www.youtube.com/watch?v=dddAi8FF3F4&rel=0


Infogrames doesn't care about Atari people. :sad:


This post has been brought to you today by the letters F and U and the number 2004.

#17 jetset OFFLINE  

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Posted Wed Aug 24, 2011 5:06 AM

Sad. Very sad.

#18 Bryan ONLINE  

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Posted Wed Aug 24, 2011 5:15 AM

Say goodbye to your emulators:

http://www.atariage....ost__p__2356144

#19 VectorGamer OFFLINE  

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Posted Wed Aug 24, 2011 7:39 AM

Right, I wouldn't be worried either. But if they demand your domain name, demand payment for it then change one letter, make it ataro2600land or something. akari2600land. Your fans will still know you're there.


Atar12600land

Could be construed as the Atar 12600

#20 Goochman OFFLINE  

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Posted Wed Aug 24, 2011 10:45 AM

The UDRB process is a joke. I had a buddy who registered a .net address a long time ago. He was looking to start an IT Recruiting business.

Turns out the company that registered the .com address ran a Corporate Training business(for large companies not small). They filed a dispute indicating his business (1 man show) was trying to make money off their good name by taking the .net site. Funny enough he registered the .Net site like 8 months earlier - if this company was so worried about their good name they would've registered the .com and .net site.........

Anyhow - you need a lawyer to fill out the paperwork to respond and more money to defend. My buddy found a place where folks provided their time free of charge to draft a response such that the challenger wouldnt win by default - however some 70 year old Judge in TX who had no clue about the internet declared my buddies business infringed on the challenging comapnies good name to win business.

So - if Atari wasts your domain and you dont have $$$ to fight it, you will lose almost 100% of the time.

#21 retroillucid ONLINE  

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Posted Wed Aug 24, 2011 11:13 AM

Shit!

That's pretty lame from them to bash on peoples that have been supporting them for all those years :roll:

Those websites are all kind of tribute to the Atari2600

If Atari (or anybody else) wants a specific domain name, then why the hell they did not buy it/them?


Keep up guys! :)

#22 SpaceDice2010 OFFLINE  

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Posted Wed Aug 24, 2011 12:15 PM

The UDRB process is a joke. I had a buddy who registered a .net address a long time ago. He was looking to start an IT Recruiting business.

Turns out the company that registered the .com address ran a Corporate Training business(for large companies not small). They filed a dispute indicating his business (1 man show) was trying to make money off their good name by taking the .net site. Funny enough he registered the .Net site like 8 months earlier - if this company was so worried about their good name they would've registered the .com and .net site.........

Anyhow - you need a lawyer to fill out the paperwork to respond and more money to defend. My buddy found a place where folks provided their time free of charge to draft a response such that the challenger wouldnt win by default - however some 70 year old Judge in TX who had no clue about the internet declared my buddies business infringed on the challenging comapnies good name to win business.

So - if Atari wasts your domain and you dont have $$$ to fight it, you will lose almost 100% of the time.


That is correct that if Atari wants your domain name then they will most likely get it. We use the UDRP dispute policy quite often to get infringing domain names that violate our IP. The process is on the side of the party filing the complaint. But, if Atari wants the domain name then let them pay the filing fees if they don't offer to buy it from you.

#23 Animan OFFLINE  

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Posted Wed Aug 24, 2011 12:33 PM

Atari is slowly, but surely, turning into Harmony Gold USA.

Edited by Animan, Wed Aug 24, 2011 12:33 PM.


#24 SlowCoder OFFLINE  

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Posted Wed Aug 24, 2011 4:09 PM

I thought that emulators are considered Ok, like a clone, as long as they aren't distributed with the ROMs?

#25 jferio OFFLINE  

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Posted Wed Aug 24, 2011 4:27 PM

I thought that emulators are considered Ok, like a clone, as long as they aren't distributed with the ROMs?


This is the general consensus, although some of the companies consider emulation of their systems illegal because you have to make a copy outside of the context of a backup in order to properly utilize an emulator...




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