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I´ve got email from ATARI today...


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Must be noted though that the C&D from Atari appears to make no mention of any infringing content (i.e. online playable versions of the Asteroids game etc) - just mentions the use of "asteroids" in the domain name, and they want it back.

 

With how generic they have for game titles(Asteroids, combat, etc), they would be thinking they are entitled to WAY too many domain names. Really, is a site about asteroids really infringing on a video game that's over 30 years old? I'm starting to disagree with Kurt's blessings on Atari's legal staff.

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Considering that the site listed apparently had an Asteroids clone ON it, I can see where Atari is coming from.

True, they didn't "mention" it in the letter, but that doesn't mean it wasn't part of their decision to send the letter...

 

I'm not a fan of their recent behavior per se, but you can't claim "Asteroids was in use as a word years ago so it doesn't apply" if you're talking about a site with the Asteroids game itself right there.

 

I suppose, if the Asteroids game they had was totally different than the Atari version, you might have a bit more of an argument, but I'm doubting that was the case..

 

desiv ;-)

Edited by desiv
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In it's current form, Atari has no case. Period.

 

Well, legally (IANAL, but I play one with my Weeble L.A. Law set) they might.

The history of the site can be taken into consideration, so if he changed the site just to get around the issue, it could still be an issue.

 

Also, the owner's past can make a difference.

There was a case with a family where the dad was definitely a site squatter. One of the sites he had bought, his son was using in the mean time for something. Someone sued and won, saying that the site was obviously purchased for squatting purposes.. (OK, none of that is legal wording, but they're Weebles, give them a break..)

 

desiv

Edited by desiv
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Atari is now targeting Dreamcast emulators:

http://www.dcemulation.org/phpBB/viewtopic.php?f=35&t=101370

 

This one is interesting:

1. It specifically targets Dreamcast, not Android, so it's not a platform Atari itself is developing for.

2. All targets are emulators.

3. Copyright, not trademark violation is claimed for Emulators. This includes the 2600 which has no BIOS.

4. The date is August 30, so any intercessions on the part of forum members have clearly been ineffective.

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Everyone who has been contacted (and is innocent) should get together and contact a lawyer about a class-action harassment suit. I will not give Atari a single dime but would gladly contribute toward such a suit.

 

It would also be nice to have a central website where these letters are tracked.

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Atari is now targeting Dreamcast emulators:

http://www.dcemulation.org/phpBB/viewtopic.php?f=35&t=101370

I can no longer see a path towards me becoming a customer of theirs again.

Ever.

 

Don't care what they sell.

 

And I will start reminding people posting glass and t-shirt threads that they are supporting the Atari legal department.

 

I will not give Atari a single dime but would gladly contribute toward such a suit.

At this point, hitting Atari back is worth a couple hundred dollars in legal donations from me. Bringing them down for good, possibly more.

Edited by Reaperman
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Who knows... maybe he instigated this.

 

Remember, Atari's trump card against it's competitors in the 1980s was to bog them down with (often pointless) legal action.

Nolan was long gone by the '80s. The thing is Nolan's a hero to the retro community but not as much to modern-era gamers. Would he be willing to have his name associated with the frivolous harassment of his fans? I'm not naive enough to think someone could shoot him an email and make it all stop, but what if this eventually got enough publicity to where he would have to comment one way or the other.

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Is this the kind of thing that we could put on the AA 'news' page?

I'm nervous about that because Albert hasn't been contacted (that I'm aware of), but he's certainly not outside the scope of their efforts.

 

I say we write a new kind of Atari emulator. This one actually emulates Atari and generates bogus threatening legal correspondence.

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