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Wuzard double ender?


pacgreg

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copyright hehe

I'm with Andy Warhol who copied a famous tomato tin and a sugar water brand without permission, didn't do him any harm....

artist Rainer Gross copied the Apple logo, McDonalds logo, youTube and a bunch of other logos, I asked him personally if he got permission to copy them, he said he never asked....his art sells, so there....

Edited by high voltage
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Some idiot is about to be taken for $100 with 25 minutes to go.

I don't know man, he might know it's a reproduction but just doesn't know where to get them. Not every Atari collector is a member here. If you don't know CPU and you think this is a cool collectable (since it is, even though it's a repro) it might be worth that price to him?

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Some idiot is about to be taken for $100 with 25 minutes to go.

I don't know man, he might know it's a reproduction but just doesn't know where to get them. Not every Atari collector is a member here. If you don't know CPU and you think this is a cool collectable (since it is, even though it's a repro) it might be worth that price to him?

Not to mention, if he ever decides to sell it, he would likely get his money back from someone else on eBay who wants one.

 

Personally, I think CPU should just sell these on eBay for $100 each...it seems that this is what the market will bear. Why not give the people what they want? :D

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Some idiot is about to be taken for $100 with 25 minutes to go.

I don't know man, he might know it's a reproduction but just doesn't know where to get them. Not every Atari collector is a member here. If you don't know CPU and you think this is a cool collectable (since it is, even though it's a repro) it might be worth that price to him?

Not to mention, if he ever decides to sell it, he would likely get his money back from someone else on eBay who wants one.

 

Personally, I think CPU should just sell these on eBay for $100 each...it seems that this is what the market will bear. Why not give the people what they want? :D

It's kind of a strange science...

Once you pop several on Ebay, they no longer seem "rare" so people will put them off to get other things first and they will stop selling....but once they are gone it's a mad dash to get one!

I'm guilty of it too though, out of print homebrews is my poison. When they are readily available I put them off for other stuff, always waiting just one more week/etc, but once they are sold out I end up paying double the price because I HAVE to get one, lol

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Some idiot is about to be taken for $100 with 25 minutes to go.

I don't know man, he might know it's a reproduction but just doesn't know where to get them. Not every Atari collector is a member here. If you don't know CPU and you think this is a cool collectable (since it is, even though it's a repro) it might be worth that price to him?

Not to mention, if he ever decides to sell it, he would likely get his money back from someone else on eBay who wants one.

 

Personally, I think CPU should just sell these on eBay for $100 each...it seems that this is what the market will bear. Why not give the people what they want? :D

It's kind of a strange science...

Once you pop several on Ebay, they no longer seem "rare" so people will put them off to get other things first and they will stop selling....but once they are gone it's a mad dash to get one!

Very true...I assume the same will happen as soon as Albert starts making those Halo repros as well...I see repros of that game on eBay all the time for ridiculous prices...sometimes well over $100. Amazing!

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copyright hehe

I'm with Andy Warhol who copied a famous tomato tin and a sugar water brand without permission, didn't do him any harm....

artist Rainer Gross copied the Apple logo, McDonalds logo, youTube and a bunch of other logos, I asked him personally if he got permission to copy them, he said he never asked....his art sells, so there....

 

Both Warhol and Gross did not do 100% reproductions of the works in question, i.e., Warhol enlarged/repeated the Campbell's soup can and Gross is (quite smartly) only using part of the corporate logos, so in these cases the art is transformative of the original work and thus is not seen as violating copyright (at least by the copyright holders). For comparison's sake, Mattel's lawsuit against MCA over "Barbie Girl" was dismissed (parody related to nominative use), and Mattel never went after Todd Haynes for using modified Barbies in Superstar: The Karen Carpenter Story (however, Karen's brother Richard - who did not like the portrayals in the film - did get the film pulled because of the use of unlicensed music).

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  • 2 months later...

No time to post a dissertation, but suffice it to say that legally, sure, Atari could shut down just about anybody using a photograph of their copyrighted artwork. Taking a photograph of a copyrighted work has been shown to amount to reproducing the work. Of course, this is where the distinction between legal decisions and business decisions come into play -- Atari "could" pursue legal avenues in these instances, but they will ultimately choose not to because it only causes more business problems for them than it solves, not to mention there wouldn't really be much recouped losses in the form of legal fees by simply shutting down websites. This is why we saw those C&Ds earlier without much more than smoke and mirrors behind them -- Atari has someone in their legal department essentially on retainer, so might as well have them do SOMETHING with their salary, but it's likely none of those cases would have turned into anything more. The legal side may say it's a big deal, but the business side says it's not worth it, and 99% of the time the business side wins. Unless you're Apple vs. Samsung, that is.

 

From a glance, I'd say Phil's site would likely be considered a fair use for educational purposes, provided the judge in question was somewhat nice about interpretations. Phil's site doesn't have any ads or anything on it, so he's not even indirectly generating any revenue at all from the copyright material, and it can pretty easily be argued that the intent of his site is to inform viewers as opposed to anything else. It would be up to the dude in the robe, of course, but I'd honestly say there's a pretty good argument for Phil's site being fair use.

 

The funny thing that Phil mentions about eBay sales and the like -- photographing an item for sale has generally been considered something to not require prior authorization. Again, depends on the dude in the robe, but generally, it's considered okay to take a photograph of a particular item -- for example, an Atari 2600 box -- explicitly for the purpose of selling that particular item, since it would be unreasonable to prevent sales of items in this way. The best rule of thumb when business law is concerned is the "reasonable person" standard, and I like to think it somewhat applies to copyright -- if we couldn't take pictures of items in order to sell them, it's not too far of a leap to say that we couldn't really sell anything at all, since the photograph is "sort of" tied into the right of first sale in the right to resell. "Sort of" in this case meaning, again, it all depends on the dude in the robe!

 

For the most part, just about everything we do on AtariAge is going to fall into that "technically infringing but a poor business decision to pursue" crevasse, which is why we don't really ever see anyone making repros or the like suddenly "disappear". Of course, "doesn't care" doesn't make it right, but nonetheless, without that "doesn't care" mentality, we wouldn't have a LOT of stuff we have available now, so I like to think it's part of the "better good" style breaches of ethics. ;)

 

For a large amount of information, this site is good about photos and copyright: http://www.danheller...copyrights.html :thumbsup:

 

He pretty much nailed it on copyright law. One thing that is important is that there is a huge distinction as it relates to copying a ROM and a photograph.

 

Anyone can sue anyone for any reason whatsoever, but that doesn't mean that they will win.

 

When looking at issues of using photographs one has to take into account the intent of the use of the photograph. Taking a photograph of your child in a Mickey Mouse t-shirt and using it in a personal web album is much different than taking the same photograph and using it in a commercial brochure for a travel agency that is marketing a cruise that has naked card dealers dealing out poker hands the whole cruise.

 

As for a label variation website, Atari would soon start to run out of legal grounds to sue...

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Both Warhol and Gross did not do 100% reproductions of the works in question, i.e., Warhol enlarged/repeated the Campbell's soup can and Gross is (quite smartly) only using part of the corporate logos, so in these cases the art is transformative of the original work and thus is not seen as violating copyright (at least by the copyright holders). For comparison's sake, Mattel's lawsuit against MCA over "Barbie Girl" was dismissed (parody related to nominative use), and Mattel never went after Todd Haynes for using modified Barbies in Superstar: The Karen Carpenter Story (however, Karen's brother Richard - who did not like the portrayals in the film - did get the film pulled because of the use of unlicensed music).

 

Mind you, Campbell's did try to sue later on, by that time Warhol was famous and his copying of Campbell's actually worked in their favour.

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  • 8 months later...

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