JB Posted June 9, 2022 Share Posted June 9, 2022 (edited) 3 hours ago, OLD CS1 said: Come again? https://www.arcade-museum.com/game_detail.php?game_id=9650 I guess in fairness, this is more of a clone. Was pretty sure they had a straight-up pirate cab too, but can't find it at present. Edited June 9, 2022 by JB Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070231 Share on other sites More sharing options...
+OLD CS1 Posted June 9, 2022 Share Posted June 9, 2022 1 hour ago, JB said: https://www.arcade-museum.com/game_detail.php?game_id=9650 I guess in fairness, this is more of a clone. Was pretty sure they had a straight-up pirate cab too, but can't find it at present. A clone is completely different, and it does not seem Taito ever sued Nintendo. It may be a "blatant rip-off." If one were to consider a rip-off or clone as piracy, one could also accuse Texas Instruments of pirating Space Invaders. Even if Nintendo had violated Taito's copyright, similar to the Ms. Pac-Man saga, the fact pattern would bear no resemblance to the GaryOPA situation. 1 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070248 Share on other sites More sharing options...
JB Posted June 9, 2022 Share Posted June 9, 2022 53 minutes ago, OLD CS1 said: A clone is completely different, and it does not seem Taito ever sued Nintendo. It may be a "blatant rip-off." If one were to consider a rip-off or clone as piracy, one could also accuse Texas Instruments of pirating Space Invaders. Even if Nintendo had violated Taito's copyright, similar to the Ms. Pac-Man saga, the fact pattern would bear no resemblance to the GaryOPA situation. Yeah. I thought they were one of the many companies with an overt pirate copy of Space Invaders. I appear to have been mistaken. Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070269 Share on other sites More sharing options...
+OLD CS1 Posted June 9, 2022 Share Posted June 9, 2022 1 minute ago, JB said: Yeah. I thought they were one of the many companies with an overt pirate copy of Space Invaders. I appear to have been mistaken. Semantics. Piracy implies theft of a copy of the original game. Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070271 Share on other sites More sharing options...
JB Posted June 9, 2022 Share Posted June 9, 2022 2 minutes ago, OLD CS1 said: Semantics. Piracy implies theft of a copy of the original game. Yes. Which is what I thought they had done. I apologize for the error. Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070274 Share on other sites More sharing options...
+OLD CS1 Posted June 9, 2022 Share Posted June 9, 2022 1 hour ago, JB said: Yes. Which is what I thought they had done. I apologize for the error. I see no apologies necessary -- which is why I pointed out the semantics. Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070296 Share on other sites More sharing options...
InfiniteTape Posted June 9, 2022 Share Posted June 9, 2022 13 hours ago, OLD CS1 said: A clone is completely different, and it does not seem Taito ever sued Nintendo. It may be a "blatant rip-off." If one were to consider a rip-off or clone as piracy, one could also accuse Texas Instruments of pirating Space Invaders. Even if Nintendo had violated Taito's copyright, similar to the Ms. Pac-Man saga, the fact pattern would bear no resemblance to the GaryOPA situation. The TI and Nintendo clones pre-dated by several years the Atari vs. Philips case over K.C. Munchkin!'s similarities to Pac-Man, which set the precedent that a clone can copy the expressive concepts in an original work, which violates copyright. It may be that Japanese copyright law didn't give Taito the standing to attempt a suit against Nintendo. 2 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070501 Share on other sites More sharing options...
+OLD CS1 Posted June 9, 2022 Share Posted June 9, 2022 3 minutes ago, InfiniteTape said: The TI and Nintendo clones pre-dated by several years the Atari vs. Philips case over K.C. Munchkin!'s similarities to Pac-Man, which set the precedent that a clone can copy the expressive concepts in an original work, which violates copyright. It may be that Japanese copyright law didn't give Taito the standing to attempt a suit against Nintendo. Thank you. I was looking for that information, as well. 2 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5070503 Share on other sites More sharing options...
+dhe Posted March 31, 2023 Author Share Posted March 31, 2023 Gary was released from prison (3/28/2023). He now goes to a transfer facility, then to his final destination, to start life over. 2 4 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5233861 Share on other sites More sharing options...
Retrospect Posted March 31, 2023 Share Posted March 31, 2023 Good. The whole "up to 20 years" thing was a bit heavy. 4 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5233879 Share on other sites More sharing options...
jbdigriz Posted March 31, 2023 Share Posted March 31, 2023 Yeah, but that's the whole point of DMCA, with its anti-circumvention provisions, and similar laws. Scare people into compliance, regardless of whether circumvention might have fair uses under copyright or not. There is the whole Right-to-Repair movement as one result. Is Gary's case an example of justice, or simply monopoly enforcement, going well beyond the original intent of copyright? He made an observation about what was an obvious use of the gadget; that was taken as evidence of criminal intent. Was that a fair assessment? Consider your answer carefully and apply it to your own field of endeavor, which will likely have its own grey areas. Recently I was asked to update a well-known automotive diagnostic tool with pirated $crazy_expensive firmware and/or database (which is the real monopolistic money item here). Probably would have been a sideload of some kind, but I declined, since the tool would obviously phone home for OTA updates, is serialized, and I'm sure the vendor tracks these things. Not to mention it felt like a setup anyway. Some people need to have an angle on you, even if they have to manufacture it, it seems. Obviously Gary should have known better, but he got a raw deal, and the big fish apparently got away. Glad to hear he's served his time, and wish him well. 3 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5233902 Share on other sites More sharing options...
+OLD CS1 Posted March 31, 2023 Share Posted March 31, 2023 I just wonder if he will see this thread once he is out 3 1 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5233904 Share on other sites More sharing options...
+Ksarul Posted March 31, 2023 Share Posted March 31, 2023 17 minutes ago, OLD CS1 said: I just wonder if he will see this thread once he is out I would hope so. Overall, this thread has been a pretty tame assessment of what was going on there. It would be interesting to see his take on the matter as well. 4 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5233908 Share on other sites More sharing options...
GDMike Posted March 31, 2023 Share Posted March 31, 2023 Welcome back Gary 5 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5233934 Share on other sites More sharing options...
+InsaneMultitasker Posted April 18, 2023 Share Posted April 18, 2023 This article popped up on my start page tonight. The youtube video quality (audio) is pretty bad but mostly understandable. Nintendo Will Punish Hacker Gary Bowser For Rest Of His Life (kotaku.com) 2 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242063 Share on other sites More sharing options...
Willsy Posted April 18, 2023 Share Posted April 18, 2023 Yeah. I've often thought, America doesn't have a justice system. It has a vengeance system. 4 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242100 Share on other sites More sharing options...
+mizapf Posted April 18, 2023 Share Posted April 18, 2023 I know that in Germany we have a term "personal bankrupcy" that can be declared when your debts are so high that you cannot pay them back in a reasonable time. In that case, you have to reveal all your income, your assets (formerly called the "Offenbarungseid" - the "oath of revelation") and then you have to pay as much as you can, with a few things being exempt (like your home for a certain size - may require you to move to a smaller one), your contact means (telephone), TV, and I think Internet connection and a PC. Then there is a "period of well-behavedness" when you are subject to special obligations for your actions (especially spending money), after which you are released from the rest of your debt for good. Of course this means that the creditor will never get the full amount that you owe him. Isn't there a kind of "personal bankrupcy" in the US or Canada? For companies there is, if I remember correctly, a "Chapter 11" regulation. I know it because my dad worked for Pan Am at Frankfurt Airport (Ground services) until they were bought by Delta Airlines - after getting under Chapter 11. Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242128 Share on other sites More sharing options...
GDMike Posted April 18, 2023 Share Posted April 18, 2023 (edited) Chapter 7 has no plan of repayment as chapter 11 requires. In other words if you want to keep it you got to pay for it. The umpteenth amendment, you have the right to be debt freeeeeeeee! Like stay free and freedom in a box For lawyers. Want out of debt? "One call - that's all"!! this is not an ad for debt consolidation of bankruptcy... I'm the last person you want to talk to. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics Edited April 18, 2023 by GDMike Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242140 Share on other sites More sharing options...
atrax27407 Posted April 18, 2023 Share Posted April 18, 2023 I wonder if he will face charges for his CD/DVD pirating scheme which is the reason he fled Canada in the first place? 1 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242173 Share on other sites More sharing options...
+Vorticon Posted April 18, 2023 Share Posted April 18, 2023 8 hours ago, InsaneMultitasker said: This article popped up on my start page tonight. The youtube video quality (audio) is pretty bad but mostly understandable. Nintendo Will Punish Hacker Gary Bowser For Rest Of His Life (kotaku.com) The punishment should fit the crime, and what Nintendo is asking for is way over the top, particularly since Gary was likely small fry in that operation. I'm pretty sure he'll find a way around it 😀 1 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242195 Share on other sites More sharing options...
+OLD CS1 Posted April 18, 2023 Share Posted April 18, 2023 3 hours ago, mizapf said: Isn't there a kind of "personal bankrupcy" in the US or Canada? Yes, but certain kinds of debt cannot be discharged in bankruptcy. Student loans, for instance. The process is handled in a special court proceeding in which creditors may attend to protest the discharge of their debts. In this case, the court may have already provided, as part of the judgment, the restitution must be affirmed. If not, should Gary file for bankruptcy, Nintendo can send attorneys to the hearing and the bankruptcy trustee will determine if it can be discharged. Referring back to my earlier post, Nintendo has nothing to lose here. It is likely Gary does not have $10 million in earning ability remaining in his life, short of any inheritances or windfalls such as a lottery or casino win, or a legal judgment in his favor. Insurance pay-outs are generally off-limits. In any case, whether he just lives out the rest of his life and never pays off the $10m, or he discharges the debt in bankruptcy, Nintendo will write it off as a loss and claim tax benefits on the balance. 2 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242196 Share on other sites More sharing options...
senior_falcon Posted April 18, 2023 Share Posted April 18, 2023 Just goes to show: "Figures can't lie, but liars can figure," as my father in law used to say. 3 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242198 Share on other sites More sharing options...
+dhe Posted April 18, 2023 Author Share Posted April 18, 2023 8 hours ago, atrax27407 said: I wonder if he will face charges for his CD/DVD pirating scheme We had this startup company in Gainesville that really took off called GroveShark. Oddly, they found out, companies didn't like other companies selling songs, that didn't belong to them. 2 1 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242380 Share on other sites More sharing options...
GDMike Posted April 19, 2023 Share Posted April 19, 2023 Hey Gary? ChatGPT algorithm needs exposed for it's biased views. just saying.... 1 1 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5242712 Share on other sites More sharing options...
Gary from OPA Posted June 2, 2023 Share Posted June 2, 2023 On 3/31/2023 at 9:40 AM, OLD CS1 said: I just wonder if he will see this thread once he is out Thanks, I do see it now. -- As shown in this thread I got released from federal prison, and then moved to ICE as alien, where finally on May 25, they flew me back to Toronto, were now I am trying to restart my life, broke and homeless but free! On 4/18/2023 at 9:03 AM, atrax27407 said: I wonder if he will face charges for his CD/DVD pirating scheme which is the reason he fled Canada in the first place? You sure been hyping alot of wrong info in this thread. I know I made mistakes in the past, and I have haters, but at least get your facts right. I never fled Canada because I was going to face charges. I left Canada because I got tried of cold weather and the high cost of living (which is even worse now that I am back here, just a small apt. is over $1500 a month) and originally I went to Dominican Republic to help out a long-time friend with his real estate down there, and I fell in love with the place, I was not running away from the law, and I don't have any outstanding issues back here in Canada. 12 Quote Link to comment https://forums.atariage.com/topic/326737-opa-gary/page/4/#findComment-5263826 Share on other sites More sharing options...
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