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Tempest 2600?

GemWare Games

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So I know that Tempest on the 2600 was never completed, but the prototype was completed and is used in the flashback consoles today. But as far as that goes, would AtariAge sell it? Could AtariAge sell it? Or has it before? I would be interested in buying a copy if so or maybe a homebrew similar, I was just wondering if AtariAge Store could get in some copyright trouble if they sold it (even though selling it would most likely promote the new "Atari" game Tempest 4000.).

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