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7800 XM update


Curt Vendel

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I think he's suggesting that it would listen to the signals coming down the cartridge bus from the processor to the game ROM, and if a command from the processor matches something, based on the codes that were typed in, it would hijack that command, and send different data back to the processor, instead. To, like, modify the number of lives in a game, or something like that. The game would normally say "3", for example, but the device would hijack that, if you typed in the right code, and tell the processor that you have 9 lives, instead.

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  • 2 weeks later...

The six year anniversary of the pre-order availability of the 7800 Expansion Module is coming up. It appears that it was first available for pre-order on or about September 20, 2010. This is significant for anyone who may want to wish to get their money back through the legal system because the statute of limitations in New York for a contract claim is six years. Someone would have six years from the date of their pre-order to make a claim. I venture no opinion on whether any such claim would be successful.

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The six year anniversary of the pre-order availability of the 7800 Expansion Module is coming up. It appears that it was first available for pre-order on or about September 20, 2010. This is significant for anyone who may want to wish to get their money back through the legal system because the statute of limitations in New York for a contract claim is six years. Someone would have six years from the date of their pre-order to make a claim. I venture no opinion on whether any such claim would be successful.

Even if any such claim were successful and a judgment was rendered in the favor of the plaintiff, the enforcement of that judgement still falls on the shoulders of the plaintiff to hire a Sheriff or Constable (not sure how NY counties handle that), or a private collections agent to attempt to collect the debt - which would probably cost more than the refunded money.

 

but it might serve as a notable, if phyrric moral victory.

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Well crap happens. People make bad investments. Like when a successfully funded Kickstarter campaign goes south, the creator has spent all the funds on research and development without getting anywhere, and the customer is without product. Clearly no foul intent was involved, but likewise the investors still come out empty handed. It's like if I buy 100 shares of stock in company X today, and tomorrow they file bankrupt, I'm not entitled back any of the money I lost because investments assume the risk involved. I think careful look into the wording of the contract would be in order. Kickstarter makes clear there is risk involved and will not be held liable if a project fails to deliver. I have no idea what if any contract Curt Vendel or XM preorders agreed to as I was not around on the scene at the time, and I am sure he is a good man and has probably lost plenty of sleep over the issue of non-fulfillment. How do we even know that his health issues were not at least partly impacted by stress from the XM project? So if the statute of limitations truly is about to expire, maybe then we can all let bygones be bygones and put the project to rest. It is after all just a bit of money and some physical "stuff" that hasn't materialized. Very unimportant on the grand scheme of things.

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Even if any such claim were successful and a judgment was rendered in the favor of the plaintiff, the enforcement of that judgement still falls on the shoulders of the plaintiff to hire a Sheriff or Constable (not sure how NY counties handle that), or a private collections agent to attempt to collect the debt - which would probably cost more than the refunded money.

 

but it might serve as a notable, if phyrric moral victory.

 

If someone were to file such a suit, couldn't they add on the legal fees as well??

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If someone were to file such a suit, couldn't they add on the legal fees as well??

I'm sure they could. But the cost of hiring county constables, or a private collections agent to go and physically enforce the judgment in person would likely offset, or even eclipse anything they might recoup.

 

those kinds of judgments really only work in favor of the plaintiff when it's something like a credit card default, where defaulted balance is large enough that the collection agent has the means to file with the defendant's employer for a wage garnishment, or obtain a property lien. That's not going to happen for a $99 video game add-on.

 

Usually, just the act of filing a case with the local court, and the defendant receiving a Summons by registered mail, or delivered by a constable, is enough to get them to settle amicably though. That is, if the defendant isn't a serial offender at ripping people off, who already knows how to work the system.

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I love it when people start making legal pronouncements in this thread ... Is it time to start asking people to post their law degrees, law licenses and Bar registration numbers so we can verify the veracity of their pronouncements?

 

And no, I'm not licensed to practice law in New York, but I'll point out that interstate (and potentially international) contracts always involve such interesting questions about venue, conflicts of laws, and - for international suits - potential invocation of the Hague Convention rules. Fortunately, there's little likely potential risk of removal to Federal court on diversity grounds due to a lack of amount in controversy.

 

Now with all the legalese bullshit out of the way, can people please stop trolling for clients? Solicitation IS still against the rules of ethics in most states. Thanks.

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I'm no lawyer. Just someone who is familiar with how small claims courts and judgment enforcement works.

 

Basically, even when you get a judgement in your favor, the cost of enforcing that judgment still ends up on the shoulders of the rewarded. Sometimes people pay up because they fear the ramifications of publicly noted judgments against them on their credit reports, and public notices.

 

And some people, they just don't give a fuck, get sued, don't pay, and continue to find new and exciting ways to scam people.

 

And I get your semi-joking admonishment, but the reality is, most normal people get through life without ever having to deal with the legal system, beyond jury duty, and the occasional binge watching of Law & Order. God forbid someone try to give people some advice on what might be worth pursuing in court.

Edited by 78001987
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If someone were to file such a suit, couldn't they add on the legal fees as well??

Even if the defendant is ordered to pay the legal fees, that assumes the defendant can pay. If the plaintiff sues the defendant over some small amount and wins, and even if the court also awards court costs, but the defendant defaults on payment, then the plaintiff is left footing the bill for court costs anyway because the defendant is unable to reimburse him/her for it.

 

This also gives corporations an upper hand if being sued by a small startup or private individual. Even if the mega corporation is in the wrong, it costs the individual or small startup money to initiate the suit, and often the ongoing costs bankrupt the individual or startup, such that they cannot continue litigation and drop the case.

 

That is why it is often the case that whomever side has the biggest coffers generally wins the case, with notable but few exceptions.

 

That said, a class action suit against Curt at this point would be in really poor taste. The man has suffered enough over this project. Let Curt live in peace without this huge personal and financial burden, and just let the XM project likewise die in peace rather than keep it on life support indefinitely.

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I love how silly legal discussions intended to rile people up somehow descend into silly clips from youtube. How can you go wrong with the Andy Griffith Show?

 

Judy Judy Judy Judy Judy Judy

Edited by Lendorien
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So, switching up the subject, I had a question.

 

It seems that in the early days, the XM was a pretty simple design, but then a bunch of other features were added in.

Those features made the hardware / software more complex.

 

Would an option on the current implementation be to re-simplify the software design and ignore those complex features?

I'm not sure what games those features were planned for, but if those games are all stopped for now, it may be easier to just go back to basics.

 

Not sure if that's possible, so I thought I would ask.

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So, switching up the subject, I had a question.

 

It seems that in the early days, the XM was a pretty simple design, but then a bunch of other features were added in.

Those features made the hardware / software more complex.

 

Would an option on the current implementation be to re-simplify the software design and ignore those complex features?

I'm not sure what games those features were planned for, but if those games are all stopped for now, it may be easier to just go back to basics.

 

Not sure if that's possible, so I thought I would ask.

 

But then people would biotch about missing out on promised features… It's a no-win situation. Let's just give Tep some time to accomplish the Herculean task.

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But then people would biotch about missing out on promised features… It's a no-win situation. Let's just give Tep some time to accomplish the Herculean task.

 

Seems more like a sisyphean task at times. Good luck Tep.

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