New Atari Console that Ataribox?

[TACODON]

I am sure part of the problem for them is also they only have so much IGG money they can raid for legal fees.

[JBerel]

 

RISKS ASSOCIATED WITH INTELLECTUAL PROPERTY RIGHTS[/size]

 

Because Atari depends substantially on intellectual property rights, the protection of Atari's intellectual property rights is important to the success of its business. Atari rely upon a combination of trademark, trade secret and copyright law as well as contractual restrictions to protect its intellectual property. Despite Atari's efforts to protect its property rights, unauthorized parties may attempt to copy aspects of our games, software and service or obtain and use information that we consider proprietary. Moreover, policing Atari's proprietary rights is difficult and may not always be effective. In addition, we may need to enforce our rights under the laws of countries with reduced or varied protection for intellectual property rights.[/size]

Moreover, Atari's success depends, in part, upon its intellectual properties not infringing, misappropriating or violating the intellectual property rights owned by others and being able to resolve claims of intellectual property infringement. Such intellectual property claims and proceedings brought against Atari, whether successful or not, can be complex and time-consuming and could result in substantial costs and harm to Atari's reputation. Such claims and proceedings can also distract and divert our management and key personnel from other tasks important to the success of our business. Moreover, the legal threshold for initiating such claims and proceedings is low, so that even claims with a low probability of success could be initiated and require significant resources and attention to defend.

 

Yeah, I looked at that carefully too. It just looks like Atari has no shame in making it their business model to file frivolous lawsuits in defense of copyrights they may have no legitimate rights to. Or just plain don't have copyright to in the case of Pong the arcade game.

 

It was also telling that they clearly volunteered that the ownership of the brand Atari was part and parcel to their valuation, and any loss of that brand would kill their valuation. Kinda like they're printing their own get out of jail free card if they sell it or loose it and leave all their share holders and partners with nothing.

[PlaysWithWolves]

As always, anyone with actual Photoshop skills who may feel inclined to make that image not an awful cut & paste mess has my blessing.

 

 

Dunno 'bout skills, but I do know you get what you paid for:

 

[Flojomojo]

While I'm logged in, here are some statements from Atari* Box people about their understanding of Feargal's contract. It's not as exciting as Moak's Beard, Wyatt's Femur, or Fred's Shiny Head, but you can get a small sense of how this company functions, and the level of Fred's involvement. The stock option stuff is the worst, but you can see the contract between Fred and Feargal and the outcomes for being a "good leaver" and a "bad leaver," or the worst alternative, "termination upon death" and I'm glad we didn't go that far.

 

 

I've combined them into one PDF for easier reading. Feargal vs Atari exhibits.pdf

 

Atari's lawyer says (emphasis is mine)

Defendant has repeatedly told counsel that Defendant’s CEO, Fredric Chesnais, and Michael Arzt, are the persons most knowledgeable about the issues related to Gamebox’s efforts to develop a video game console (“VCS Project”). Messrs. Artz and Chesnais testified about the core issues in this case on January 16 and 17, respectively, including the stock option awards, Plaintiff’s efforts to exercise the options, acquisition of content for the VCS Project, and the crowdfunding campaign. The additional depositions would glean no additional information because each prospective deponent had no substantive role in development of the VCS Project. The Notices reflect Plaintiff’s litigation tactics that seeks to have Atari to expend resources unnecessarily.

... and goes on in kind ...

Plaintiff deposed Mr. Michael Arzt on January 16, 2019. Mr. Arzt has effectively replaced Plaintiff on the VCS Project. He testified about Gamebox’s efforts to develop the VCS Project after Plaintiff’s withdrawal from Gamebox in December 2018. He also testified about content acquired for the VCS Project before Plaintiff’s withdrawal from Gamebox. Mr. Arzt testified that Mr. Chesnais was the person most knowledgeable about the stock option awards, Plaintiff’s efforts to exercise the stock options, and Plaintiff’s withdrawal from Gamebox. Mr. Arzt also testified that substantially all decisions are made by Mr. Chesnais or after consultation with Mr. Chesnais.

 

The lawyer's point is that Feargal shouldn't be allowed to compel (costly, lengthy) testimony from all the characters at Atari* because they weren't involved in the project. So they signed affadavits which were attached.

 

I just thought this was funny.

 

 

And here's part of the stuff about being a Good Leaver, or a Bad Leaver.

 

 

And the rest is a bunch of people saying they never knew Feargal, they don't remember him, they don't know what he was doing, they certainly didn't know about his compensation or why he left, etc.

 

So they're having a settlement discussion next month. I don't know if Feargal will get enough to make all this worth anyone's time. I'd guess that Atari* would part with no more than $50K to make him go away and not speak of any of this. If he managed to hurt them or teach them a lesson, I guess that would be interesting as well. I suspect we'll never know.

 

 

[carlsson]

Over at the 8-bit section, today it was posted about the new Aircraft Terminal Approach Remote Inceptor tested on the carrier USS Abraham Lincoln. By coincidence, the US Navy abbreviates it ATARI.

 

slx already speculated that the Atari we all love and cherish may demand royalties, perhaps even sue the navy for name infringement?

[racerx]

slx already speculated that the Atari we all love and cherish may demand royalties, perhaps even sue the navy for name infringement?

The Atari I love and cherish has been worm food for decades.

[+x=usr(1536)]

 

 

Dunno 'bout skills, but I do know you get what you paid for:

 

atariStalin.jpg

 

I just burst out laughing madly. Nicely done

[Shamus]

The Atari I love and cherish has been worm food for decades.

 

Edited April 9, 2019 by Shamus

[+frankodragon]

 

It's hard to see in the photo but that's a Russian Hot sauce in his hand. And he doesn't have any napkins on hand either.

[Osgeld]

needs moar speakerhat

[+frankodragon]

[+frankodragon]

The whole trial and testimony has a bit of "Perry Mason" to it.

 

[Matt_B]

While I'm logged in, here are some statements from Atari* Box people about their understanding of Feargal's contract. It's not as exciting as Moak's Beard, Wyatt's Femur, or Fred's Shiny Head, but you can get a small sense of how this company functions, and the level of Fred's involvement. The stock option stuff is the worst, but you can see the contract between Fred and Feargal and the outcomes for being a "good leaver" and a "bad leaver," or the worst alternative, "termination upon death" and I'm glad we didn't go that far.

 

I'm only surprised that there isn't a "termination with extreme prejudice" clause.

[+Spriggy]

 

I would love to see the "Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss."

 

It's not often you see...."Plaintiff is a dumb ass." in legalese.

 

[leech]

I love that after all this time, there is still drama for Atari and Commodore (legal battles between Cloanto and Hyperion on who owns Amiga OS 3.1 and before.)

 

But at least we have tacos.

[CPUWIZ]

That taco reminds me of towelie, which led me to this...

 

[racerx]

Can anyone figure out why PONGF stock hasn't updated since March 27? It took a giant 14.3% dump and then went dark.

[bmadgames]

Can anyone figure out why PONGF stock hasn't updated since March 27? It took a giant 14.3% dump and then went dark.

There has not been any trade activity that impacted the price of the shares traded on the US OTC. Even though they have the Nasdaq foreign designation, it is very difficult to actually trade the stock in the US. You essentially would have to do a broker assisted trade.

 

Also, some one mentioned that Atari was going to sell itself as it was doing a share buyback. I believe that this actually had to do with needing shares to use as a depository shares for a foreign listing in another country--I don't recall which one.

 

I would caution using the stock price to predict the success or failure of the company. The fact is that they are a very small company that basically just holds IP and the AtariBox will never be anything more than a low grade computer in a Atari shell. They'll sell a few, but it's not going to make anyone a millionaire.

[Flojomojo]

Can anyone figure out why PONGF stock hasn't updated since March 27? It took a giant 14.3% dump and then went dark.

If you search for "Atari SA stock price" you can see it holding steady at 0.34 Euros.

 

It's only frozen at March 27 of you search for their fancy PONGF Nasdaq International symbol.

 

I don't know why, but I can speculate?

 

1. They were recently humiliated by Target. Atari* brought a complaint against Target for using a Pong-like floor display, but Atari* failed to adequately show their valid claim on the trademark/copyright. They're scrambling to rebrand, but since they're not exactly agile, expect it to be broken for a few weeks while they rummage through their IP holdings. Maybe they can come back as YARS.

 

2. Atari* failed to meet some NASDAQ Jr. requirement or pay some fee, so they got booted, maybe just temporarily, but certainly until they fix their mistake.

 

3. Can't walk and chew gum at the same time, too much going on with Feargal lawsuits or other disgruntled employees. Or maybe they're down at Lowe's checking out the wood sticker samples again.

 

4. Bad tacos.

 

Just to be clear: I know nothing.

[JBerel]

Just to be clear: I know nothing.

 

That's what Atari said!

 

[ColecoJoe]

 

4. Bad tacos.

 

 

Bad tacos are still tacos and tacos are good!

[Flojomojo]

 

[ColecoJoe]

Montezuma-revenge__09265.1537815017.jpg

 

Screen Shot 2019-04-11 at 11.29.08 AM.png

[digdugnate]

lol- special badges.

 

 

[Flojomojo]