Coleco strong-arming homebrew publishers and fan sites

[opcode]

 

IMG_7858_a.jpg

 

Your honor, I rest my case.

 

You need to go back and read the posts, as it has been discussed before. This is a Techno Source product, and they (Techno Source) made that statement. Visit www.colecotoys.com and check for yourself the "Since 1982", "From the company that brought you this and that", etc.

 

Or don't, believe in whatever you want.

[DuggerVideoGames]

Now that we're at page 58, here's a refresher:

 

 

 

 

[TPR]

As I already stated to somebody else in the FB groups: if you're not aware of what the real issues are, then I recommend you do some reading. There's 57 pages of information which are greatly encapsulated in Pat's three videos.

 

I 100% agree! But it's clear to me that people are now just stirring the pot so they can continue to eat the popcorn they made. Just today alone I've seen people take points that have been CLEARLY proven and twist them around to add coal on the fire to keep the drama train chugging along, and now we have people digging up images from an old product from who knows when to try and debate a CURRENT issue at hand?

 

All that shows me is that the points that were made have been made, discussed as much as they can be, and now people are just becoming drama llamas because it's "fun" to them.

 

To be honest, this is why I wanted to lock the thread in the first place.

[DuggerVideoGames]

 

I 100% agree! But it's clear to me that people are now just stirring the pot so they can continue to eat the popcorn they made. Just today alone I've seen people take points that have been CLEARLY proven and twist them around to add coal on the fire to keep the drama train chugging along, and now we have people digging up images from an old product from who knows when to try and debate a CURRENT issue at hand?

 

All that shows me is that the points that were made have been made, discussed as much as they can be, and now people are just becoming drama llamas because it's "fun" to them.

 

To be honest, this is why I wanted to lock the thread in the first place.

I'd be 100% in support of locking it again until there are more follow-up videos - if any - by Pat or others. In the meantime, all we're doing is repeating ourselves to points that we already made and have proven as you just stated. If you and Albert want to lock this again until there are new developments (or create another topic for new developments), go for it.

[phattyboombatty]

 

You need to go back and read the posts, as it has been discussed before. This is a Techno Source product, and they (Techno Source) made that statement. Visit www.colecotoys.com and check for yourself the "Since 1982", "From the company that brought you this and that", etc.

 

Or don't, believe in whatever you want.

 

 

Huh. Okay, interesting. Because it's in the same paragraph, it appeared that RWB was stating that. No matter though. I just thought it was funny.

 

EDIT: I see how you're seeing it. Apologies for that. This was not directed inwardly at our team, but just a point of fact that it seems like they've flip-flopped in order to create a money stream.

Edited June 10, 2017 by phattyboombatty

[Flojomojo]

I don't think RWB has consulted a proper lawyer because a lawyer might have advised something like the following. Quoted from http://whoswholegal.com/news/features/article/29789/trademark-enforcement-internet-age/

"Before writing a demand letter or commencing action, it is important to gauge the effect that action or inaction may have on consumer perceptions of the trademark intended to be protected or of its owner, and to calibrate carefully ones reaction to the impugned conduct, taking into account the severity of the conduct, the likelihood of success, and the possibility of retaliation in social media."

This is a good read. Lots of stories about monied interests picking on artists, fans, or other little guys, and having it blow up in their faces.

 

This popped to me:

An example of an enlightened approach to trademark enforcement is The Coca-Cola Companys reaction to an unauthorised Facebook page that eventually gained more than 3 million fans. The success of the Facebook page was unprecedented, although the creators did not fit into the traditional role of operating as a fan club or a group of enthusiasts of the brand. Instead of sending a demand letter to the two creators of the page, Coca-Cola instead paid their travel costs to meet with them in Atlanta, following which the matter was resolved amicably with the creators retaining control over the Facebook page.

 

Maybe Cardillo thinks he was being generous in offering to pay for a ticket to meet and discuss terms. He's no Coca Cola though.

 

Chris, you have ONE JOB. Pull back the copyright strike on the Facebook site. Apologize if you want extra points, but until you undo the dick move you pulled, the whole community will be against you, forever.

 

The fan site wasn't selling anything.

 

If you can't handle this ONE JOB, get out of this business. There's no money in it, everyone hates you, and you're terrible at it.

 

This is your to do list:

1. Retract the copyright strike on the CVfan Facebook page

[Flojomojo]

You know what my secret dream is? My secret dream is to grab the Imagic name, then get the big box that will come with it, with all the Atari and Imagic games, and Rob Fulop. Ah, Rob Fulop.... I am not sure what I will do with Rob? Should I leave him on the shelf or get him to work on new games? Still to be decided.

He's probably worth more if you leave him in the original packaging.

[opcode]

He's probably worth more if you leave him in the original packaging.

 

That is what I was thinking. But then, how is he going to play Demon Attack with me every night? Do you think a hole in the packaging (just big enough to handle him a joystick) would greatly decrease his value? Ok, maybe this hole and joystick talk sounded a little dirty...

[Keatah]

There's a lot more to a company than just a name. A name is just words on paper. A company consists of ideas, personnel, talent, and skill sets. All of that and more came together in the early 1980's to give us the Colecovision console.

 

None of that exists today. And if it should be shown it does, it isn't concentrated and mixed into one organization like it was back-in-the-day. The magic isn't here. The culture, the times, the presentation. Any modern-day recreation of it is going to be substandard; never quite living up to how we remember it all.

 

And even "big-name" programmers from back in their day. Well, it's 40 years later. They no longer have the spunk and dedication they once did when they were in their 20's. Hard. But true. The Blue Sky Rangers' Astrosmash, Shark! Shark!, Night Stalker (Gen2) remakes were mediocre at best. The David Crane Pitfall remake failed. None of my buddies chased after those releases - and I think we're all representative of the gaming population.

 

Industry veterans have other things to do. Their ideas and methodology doesn't fit the culture of today - just as our preference for obscure old games doesn't jive with "app stores". They're probably not interested in trimming one more byte of code. They are far more suited to disseminating historical information and culture rather than trying to make new games.

 

Having industry veterans onboard a project is no guarantee of goodness and often sets unrealistic expectations. Harsh? Maybe. True? Absolutely. And it can be observed right here on AtariAge. Game developers active in the early 2000's are no longer pumping out material. Interests shift. Energies are directed elsewhere.

 

Instead over the past 5 years, here on AA again, I've observed and documented a "new set" of programmers. Not all that different from the class we now call industry veterans. Just shifted in time. They're making state of the art games and pushing the boundaries of hardware and creativity.

 

All in all it's a rolling window. And these shell companies fog it all up. On occasion they break it.

[TPR]

 

 

EDIT: All I'm stating here, is that it appeared (in 2005) that they were NOT associating themselves with C Industries, but now they ARE. I just thought that was interesting that they would recently start attaching themselves to the former company. I guess this was just Techno Source that was disclaiming that. No malice intended here.

 

Considering this is a licensed product from 12 years ago, there are many possibilities for why that text reads the way it does. it could have originated from Techo Source, it could have been written by a RWB lawyer without having even been seen by anyone else at RWB. It could very well be this is exactly how RWB felt in 2005. No one will really know for sure. But what we DO know is the current state of things and how RWB is positioning "Coleco" today. And even as recently as a few weeks ago when they edited the Wikipedia page to blur the lines between what was the past and the present.

 

And I'm pretty sure that's all Eduardo was trying to say here.

[Northcoastgamer]

Ok, time for a happy post. Now go outside and enjoy your weekend!

 

[DuggerVideoGames]

 

Considering this is a licensed product from 12 years ago, there are many possibilities for why that text reads the way it does. it could have originated from Techo Source, it could have been written by a RWB lawyer without having even been seen by anyone else at RWB. It could very well be this is exactly how RWB felt in 2005. No one will really know for sure. But what we DO know is the current state of things and how RWB is positioning "Coleco" today. And even as recently as a few weeks ago when they edited the Wikipedia page to blur the lines between what was the past and the present.

 

And I'm pretty sure that's all Eduardo was trying to say here.

I think because it's pre-2008, that's why it reads that way. Remember, their "trademark" wasn't accepted until 2008 (after they fleeced Ben) and THEN finally stated that 2005 was their first commercial use. The way it appears to me is that they think they can associate themselves with Coleco's history once the trademark was "secured". That's all besides the point, though. The point is the way they're acting NOW and it's still wrong of them to do.

[CPUWIZ]

 

 

To be honest, this is why I wanted to lock the thread in the first place.

 

You are supposed to enjoy your vacation and stay away from the thread.

 

Quit it with the in-fighting people, or else.

[Ikrananka]

Ok, time for a happy post. Now go outside and enjoy your weekend!

 

 

I don't want to go outside, it's cold and raining. So, I'm going to stay inside and have fun playing homebrew games on my ColecoVision

[Tursi]

You know what my secret dream is? My secret dream is to grab the Imagic name, then get the big box that will come with it, with all the Atari and Imagic games, and Rob Fulop. Ah, Rob Fulop.... I am not sure what I will do with Rob? Should I leave him on the shelf or get him to work on new games? Still to be decided.

Retrobrite him and put him on display!

[opcode]

Retrobrite him and put him on display!

 

But then he may become brittle and the yellowing will come back with time. Not to mention the risk of white blooming in his face. No, I prefer to keep my antiques authentic.

I may try that with Bill Grubb though.

[enoofu]

Who care's for Coleco anyway

No one outside some dedicated gamer, PC, and toy communities know of the original company, and just about no one knows of this Coleco

 

Early 8 bit games have no appeal for a mass audience, especially after smartphones became commonplace

 

Toystores such as Toy Ur Us are on their last legs and don't have the ability to move niche products

 

This Coleco is around 20 years to late to stop porn on Classic CV, if they didn't like it they shouldn't of registered for the Trademark in the first place

[Swami]

It has already been stated by ALL of the homebrew publishers that they will NOT use any of Coleco Holdings trademarks on what they produce in the future. Having taken this action,Coleco Holdings have no other rights to dictate ANYTHING to the homebrewers.

 

You seem to be missing the point. Even if TPR had been a producer or not, the appropriate course of action by Coleco Holdings would have been to send cease and desist notices to the relevant homebrew publishers. Instead they targeted someone they claim to have understood to be a producer, but not by sending TPR a cease and desist notice, but by infringing on his legal fair use of images of items containing the trademark.

I agree that the producer point is unrelated.

 

Cardillo just went about this like an impulsive, passive-aggressive, bull in a china shop. Based on some past comment about opcode and TPRs relationship he assumed, and is still absurdly convinced, TPR was making money off of this. And rather than bring up the point before censoring the CVF page, or asking TPR about it, he just gave other reasons that were also not legitimate. Now that his points have been publicly discredited, he goes back to this with no proof there is or ever was a business relationship between opcode and TPR and no basis for pursuing a fan site. Just unfathomably unprofessional and stupid.It probably was out of jealousy, because it certainly wasn't about the facts.

[enoofu]

Same reason YOJoe community is blacklisting Chris, he either wants to start fights or sell random unrelated stuff to people

So they learnt not to speak the devil's name in public, because he likes to harass people for his jollies

[opcode]

Same reason YOJoe community is blacklisting Chris

 

Just curious, is this fact?

[TheClassyGamer]

Well, if nothing else, maybe this mess has made it a bit more difficult for him to move his counterfeit G.I. Joe figures. Though I should imagine he will have a booth set up at his convention selling them as custom figures.

 

 

Someone should get a booth there and set up that Coleco Chameleon replica.

[Swami]

Something has changed in the last few months. Jealousy or a new business venture or some combination thereof. But rather than open a discussion about it with TPR based on the goodwill they have built over the past 10 years, he just starts dropping bombs. And what is his first post to the community? An open letter about where we have been and going. No. Some aggressive, defensive "Don't be fooled" post calling everyone liars and idiots.

[DuggerVideoGames]

Something has changed in the last few months. Jealousy or a new business venture or some combination thereof. But rather than open a discussion about it with TPR based on the goodwill they have built over the past 10 years, he just starts dropping bombs. And what is his first post to the community? An open letter about where we have been and going. No. Some aggressive, defensive "Don't be fooled" post calling everyone liars and idiots.

It's all about control. They think a name entitles them to controlling the past, the present, and the future. They're sorely mistaken. Jealousy definitely plays a part, as well; after all, their page has 22,391 fewer likes than TPR's page at the moment.

 

The community: fun and passion

Them: ego, image, control

Edited June 10, 2017 by DuggerVideoGames

[Ikrananka]

Just noticed that www.colecovision.dk is promoting the crap expo on his homepage. Perhaps someone could ask him politely to reconsider. I suspect he forgot it was there.

[Lord Innit]

That is what I was thinking. But then, how is he going to play Demon Attack with me every night? Do you think a hole in the packaging (just big enough to handle him a joystick) would greatly decrease his value? Ok, maybe this hole and joystick talk sounded a little dirty...

LOL, now I know what it feels like having beer come out through my nose!