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I´ve got email from ATARI today...


pps

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I recognize the name from the AdvII days... same person. She got a promotion to General Counsel I see. I never did understand what lights companies' legal fire and why sometimes obvious infringements get ignored.

Edited by Cafeman
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I recognize the name from the AdvII days... same person. She got a promotion to General Counsel I see. I never did understand what lights companies' legal fire and why sometimes obvious infringements get ignored.

 

Yeah, has Pac Man Collection drawn any corpo-fire?

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I did a little try to help me preventing to get that letters in future times again with putting some information in English onto my website:

 

This website does only contain software that is under free licenses. Many of the software available to download here is done by myselves. Most (even maybe none) of the programmes where coded, when ATARI Inc. (or their successors) did´nt support the machines anymore - they are written for - actively.

PP´s

 

But hey, maybe i need some translations of that - someone not knowing English or German could get to my .de domain and find something new :roll:

 

Ok now I will do something completely different, that is more fun than that "company formerly known as Infogrames": Germany vs. Brazil seems a lot more fun -> and people in more than 190 countries in the world can also watch it now :cool:

Edited by pps
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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. 'José 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 'José 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.

José Pereira.

 

 

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..

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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..

 

No problem.

I didn't think in anything more...

Just read PPS Message and shoot.

Let's wait and see if I fired the Target ;)

Edited by José Pereira
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You should learn to speak english before you try to enter arguments.

No, actualy José should either:

 

- not reply at all, best option, unless you get this by (snail) mail it is simply spam

- reply in proper Portuguese, so the American lawyers can test their proper education

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If no one has followed the Flashback threads, this may be happening do to the recent pirated Flashback 2 systems that came out of China that were all over the US a few months ago. Atari may be trying to cover themselves, albeit in a half-assed way, from other possible fakes or infringements. Their legal team is probably very 'aware' right now and looking very closely at anything with the Atari name or logo being used on it. And they do own the right to the Atari name and logo. I do agree that the best bet is to do nothing unless there is another letter sent as this will just bring more attention to an already touchy issue with them. It will probably blow over.

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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

 

Tempest is right on the money by saying do not respond. This is just a DMCA notice. Nothing more. Nothing less. If Atari is serious about this then most likely their next step would be to send one to your host. If that happens there is a very easy process that you can use to challenge it.

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If no one has followed the Flashback threads, this may be happening do to the recent pirated Flashback 2 systems that came out of China that were all over the US a few months ago. Atari may be trying to cover themselves, albeit in a half-assed way, from other possible fakes or infringements. Their legal team is probably very 'aware' right now and looking very closely at anything with the Atari name or logo being used on it. And they do own the right to the Atari name and logo. I do agree that the best bet is to do nothing unless there is another letter sent as this will just bring more attention to an already touchy issue with them. It will probably blow over.

 

Atari's priorities

99% litigation

1% actual innovation(games, hardware, etc)

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I checked out the screen pics of the programs on the site that Atari mentioned.

 

There is no problem with producing your own code on a Atari computer. The Atari computers were sold (along with books and documentation) ENCOURAGING people and advertising that programs could be made at home. That has been the case since the beginning of the Atari line.

 

The only thing that might be copyrightable is the Atari symbol, the "fuji".

 

It is soo much fun to write programs in 2011 and have that Atari symbol proudly displayed, but this is the symbol being put on PS3, Xbox, and so forth games now. The symbol is being actively used, and Atari of today does not want any mistake of what is tagged with that symbol. That is their signet ring so to speak.

 

This is what we learned when Atari (Hasbro) made it clear that games could be made for the Jaguar. Said making and publishing games was fine, displaying the Atari symbol was not.

 

 

Remove the Atari emblem from your demos and at that point their arguement falls back on the argreement, advertisements, and encouragements that Atari made in the 70's, 80's, and 90's that the Atari computer was a personal computer that you create programs on.

 

If this were not the case, selling all the programming languages (Basic, Pilot, Assembler, etc) would be mute and pointless.

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