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I'm just curious what does Atari think?


Atari the Jedi

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I don't know what the current license holder thinks or cares regarding homebrews,. Just happy if they don't interfere or make an issue because they are not getting a cut of the minimal profit that might be made. I think it is still some french company that holds the brand name now? They are no more "Atari" then I would be if I bought the rights to the name and copyrights.

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Regarding licensed IP's, maybe the license holder would care if they knew, but the numbers are low, so who knows? But for games released under new names ala Beef Drop, etc., it would be difficult and some expense for the license holder to win a judgment, so they most likely would never think of pursuing it. Just guessing though.

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It costs time, money, and lawyers for a company to take an "official position" on anything. So, until they have a reason, Atari will take no position at all.

 

There was an example of this, in response to a focused letter writing campaign. It must have been cheaper to state a position, than to keep handling irate letters and phone calls from Jaguar fanatics. ;)

Beverly, MA (May 14, 1999) - Leading entertainment software publisher, Hasbro Interactive announced today it has released all rights that it may have to the vintage Atari hardware platform, the Jaguar.

 

If you're making original homebrew, there is no legal or business/profit reason for Atari to come after you. You're not going to make any (real) money, you're not going to cost Atari any money, you're not affecting the status of their trademarks or violating copyrights. They won't mind at all.

 

Homebrewers get in trouble when they stop being original, and start using Atari's names, logos, gameplay, or graphics.

 

When you make Centipede 2000 for the 5200, Atari has to stop you. If they don't, you might make Centipede 2000 for the Jaguar, then the Dreamcast, then the iPhone. And then it might outsell Atari's iPhone Centipede. They don't want you to be able to say in your defense, "Look, I sold this game for 5 years on all kinds of platforms, and Atari never cared before." They have to care, by trademark law, and they'll prove it by sending nasty letters.

 

If you plaster your cartridges in Atari logos, Atari has to stop you. If you steal graphics or gameplay from Atari games and sell them as your own, Atari has to stop you.

 

Just be original, steer clear of Atari's logos and brand names and copyrights, and you'll be perfectly legal. They won't mind at all.

 

- KS

Edited by kskunk
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I doubt it. How many copies were sold? 50? 100? How much profit did the sellers make? Zero or somewhere thereabouts? I doubt seriously the intellectual property owners going to worry about losing sales of any merchandise over that.

 

I was just making a joke of how bohoki said sesamee street aint nothin to mess with... gangsta....

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On this topic, I want to link to a similar discussion we had about porting Pitfall to the Lynx.

 

Mr David Crane himself gave us some insight into how big publishers react (and have to react) if they have knowledge of such things: http://www.atariage.com/forums/topic/203147-pitfall-for-atari-lynx/#entry2605472

 

 

Short version: Sales, or whether a homebrew can damage sales of an official product are secondary concerns. If a trademark is violated, a company MUST react and put a stop to it if they learn of it. According to Mr.Crane US law demands that, or the trademark holder can lose his trademark. It doesn't matter if 5000 or 5 copies of such a violating product are sold or even given away for free. Mr Crane gave a few examples of trademarks lost that way.

 

So names like Pitfall, Pac-Man, Asteroids are taboo.

 

The gameplay though can be cloned 100%, there is no problem with that.

 

 

So generally, Atari can not be supportive of homebrew ports, remakes and sequels of their own franchises; all you can hope for is for them not noticing.

 

Also, you have to wonder how much this has to do with where a company is headquartered. I guess European and Japanese law may be different; see all the doujinshi manga based on famous IP that are sold in stores in Japan. And see how Nintendo sucessfully got Giana Sisters pulled from European store shelves because it was a clone of Super Mario Brow gameplaywise.

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I think it's been asked before, but would it take millions of dollars for us (meaning Atari fans, people here) to acquire the Atari rights and own the Atari brand, like Hasbro or Infogrames does? Sure would be nice for some Atari fan(s) to own the rights and open some doors. Wishful thinking I'm sure.

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I think it's been asked before, but would it take millions of dollars for us (meaning Atari fans, people here) to acquire the Atari rights and own the Atari brand, like Hasbro or Infogrames does? Sure would be nice for some Atari fan(s) to own the rights and open some doors. Wishful thinking I'm sure.

 

That's a kickstarter I would get behind!

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Now that 'Atari' publish titles like Assasin's Creed and the like I'm pretty sure the cost of buying the name will have gone up since Infogrames bought it... :( Otherwise, I'd be right behind that Kickstarter too.

 

Does anyone know offhand how much Infogrames paid for the brand in the first place?

 

I was thinking of doing a Kickstarter to get the rights to the Imagic brand - I reckon that's a little more doable. :)

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