Atari filed suit yesterday against StateFarm for their blatant IP theft of Crystal Castles in their Gamerhood ad series.

[BIGHMW]

1 hour ago, Razzie.P said:

They do seem kinda sue-happy these days, so probably could bust you on a number of things --

 

 

7ON7 -- Nobody knows what the fuck that nonsense even means, but sue anyways to be safe.

Actually that was "1ON1" ("One On One"), in which was going to be my interview segment I was going to launch later on after the channel picks up speed and draws numbers and a large enough subscriber base to warrant it, as well as most of that other programming.

 

And the plan was for myself to (once again, as i do all of my own stunts) do my voiceover for it with an instrumental version (downloaded off of a YouTube video) of the Hall & Oates' hit "One On One" (hey we ARE an 80s channel after all!) in the background in which inspired me to not only come up with the title, but also, come up with the wallpaper and the title logo as well. nicely done up in the same font as "5200" ("YD Yoonche M") is depicted on Atari's own graphics in "Atari 5200" in 1983 on their literature/on the console/packaging, etc.

 

But knowing how "sue-happy" some people can be, especially Atari nowadays. knowing their namesake is (at this point, still) irrelevant to most people under 40 in this country, this might pass of to them, if they are their intended target audience, as some sort of mere "publicity stunt" used to boost their otherwise sagging name, much like many have accused me of doing by constantly using Cindy Margolis' namesake in order to boost my image and get my namesake out there and get more hits on google and get hopefully get noticed in the mainstream entertainment industry, plain and simple it is an unacceptable practice.

[bigfriendly]

Just my opinion but I think State Farm probably figured that changing the name at the top of the cabinet would be enough and that nobody would really even notice the artwork on the cabinet. You're talking about a 4 decade old arcade game that over 99% of the people watching the commercial are never going to make any connection of any kind anyway. State Farm has deep pockets so it wouldn't surprise me if they simply cut a check to Atari to make this go away. I guess after all of these decades the studio sound editors are going to have to get some new video game background sound effects because it might be to risky to use the gameplay sounds from 2600 Pac-Man or Donkey Kong on TV commercials, TV shows or movies anymore.

[BIGHMW]

9 minutes ago, BIGHMW said:

Actually that was "1ON1" ("One On One"), in which was going to be my interview segment I was going to launch later on after the channel picks up speed and draws numbers and a large enough subscriber base to warrant it, as well as most of that other programming.

 

And the plan was for myself to (once again, as i do all of my own stunts) do my voiceover for it with an instrumental version (downloaded off of a YouTube video) of the Hall & Oates' hit "One On One" (hey we ARE an 80s channel after all!) in the background in which inspired me to not only come up with the title, but also, come up with the wallpaper and the title logo as well. nicely done up in the same font as "5200" ("YD Yoonche M") is depicted on Atari's own graphics in "Atari 5200" in 1983 on their literature/on the console/packaging, etc.

.....and I planned on having prominent Atari legends and celebrities as regular guests on "1ON1" ("One On One") including Howard Scott Warshaw, Tod Frye, Garry Kitchen, Carol Shaw, @bigfriendly, also the host of @ZeroPage Homebrew, and who knows, maybe even our very own Paul Lay @playsoft among other AA users, and yes maybe even @Albert Yarusso Himself and hopefully Wade Rosen, hey at this point the sky's the limit when your channel only has 130 subscribers.

[+GoldLeader]

7 minutes ago, BIGHMW said:

Actually that was "1ON1" ("One On One"), in which was going to be my interview segment I was going to launch later on after the channel picks up speed and draws numbers and a large enough subscriber base to warrant it, as well as most of that other programming.

 

And the plan was for myself to (once again, as i do all of my own stunts) do my voiceover for it with an instrumental version (downloaded off of a YouTube video) of the Hall & Oates' hit "One On One" (hey we ARE an 80s channel after all!) in the background in which inspired me to not only come up with the title, but also, come up with the wallpaper and the title logo as well. nicely done up in the same font as "5200" ("YD Yoonche M") is depicted on Atari's own graphics in "Atari 5200" in 1983 on their literature/on the console/packaging, etc.

 

But knowing how "sue-happy" some people can be, especially Atari nowadays. knowing their namesake is (at this point, still) irrelevant to most people under 40 in this country, this might pass of to them, if they are their intended target audience, as some sort of mere "publicity stunt" used to boost their otherwise sagging name, much like many have accused me of doing by constantly using Cindy Margolis' namesake in order to boost my image and get my namesake out there and get more hits on google and get hopefully get noticed in the mainstream entertainment industry, plain and simple it is an unacceptable practice.

 

Personal opinion here:

 

I'd put a fine print disclaimer on my channel saying you are not affiliated with Atari or any of its companies, subsidiaries, or affiliates in any way.  Maybe even think about getting a lawyer to write it for you.

 

I don't think Atari's changed much *sigh*

 

I definitely would not use anyone else's copyrighted music at all if you plan to monetize your channel.  Maybe just write your own song in the same vein as what you want...

 

I know other people put up someone else's music all the time,  usually with a disclaimer saying they will take it down on request (or if someone complains),  but IDK if those are monetized,  which you want to do for some reason.

 

Also stop with the Cindy Margolis BS...I will now put the names Markie Post and Daryl Hannah in my post so I can become internet famous and google will make me rich,...Also Betty White!   Although I didn't go to high school with any of them,  unless I just forgot...

[BIGHMW]

24 minutes ago, BIGHMW said:

.....and I planned on having prominent Atari legends and celebrities as regular guests on "1ON1" ("One On One") including Howard Scott Warshaw, Tod Frye, Garry Kitchen, Carol Shaw, @bigfriendly, also the host of @ZeroPage Homebrew, and who knows, maybe even our very own Paul Lay @playsoft among other AA users, and yes maybe even @Albert Yarusso Himself and hopefully Wade Rosen, hey at this point the sky's the limit when your channel only has 130 subscribers.

Hey it IS a tastefully done up logo isn't it, any legal quirks anyone???

 

.....and yes those ARE "ones" on "1ON1", again, in the "YD Yoonche M" font in which the file containing the word download is available, the Atari logo in the "O" in "1ON1" is in the "SF Atarian System" word download available online.

 

OnlineWebFonts_COM_749bd718f597d403ad59d10fe79b7e07.zip

Atarian System.zip

Edited March 24 by BIGHMW

[BIGHMW]

31 minutes ago, bigfriendly said:

Just my opinion but I think I guess after all of these decades the studio sound editors are going to have to get some new video game background sound effects because it might be to risky to use the gameplay sounds from 2600 Pac-Man or Donkey Kong on TV commercials, TV shows or movies anymore.

Yup. Superman III definitely gave the whole ballgame away, anyone try that thing today... BANG!!! Here come the lawyers with a big-ol' lawsuit for a wad of cash that is TEN TIMES that beyond your means!!!

 

 

Edited March 24 by BIGHMW

[+Stephen]

40 minutes ago, x=usr(1536) said:

 

Of course you are.

 

Can you find out what kind of mayonnaise Atari's employees prefer?  That would be awesome and totally newsworthy.

How could that possibly bump up the value of their penny stocks?

[MrBeefy]

3 hours ago, PowerDubs said:

If you can't make intelligent comments... make troll posts. Never change MrBeefy.

At least I'm smart enough to know a Converse shoebox booting up isn't an actual prototype. Did you forget those days when you thought that looked like something Atari showed off? 🤣

 

https://www.reddit.com/r/AtariVCS/s/iRXB1KoS7v

 

Oh and happy cake day whatever that means.

 

1 hour ago, roots.genoa said:

Exactly, unless Atari specifically protected the side arts on that cabinet, I don't see how they can win.

 

Don't be too hard on PDubs. He doesn't share every Atari-related piece of news; he conveniently ignored Wade Rosen's interview on Time Extension for instance. 🙂

It is interesting how some people miss that one.

12 minutes ago, GoldLeader said:

I don't think Atari's changed much *sigh*

I think they are working on changing at least. Wade basically admitting the VCS wasn't a good idea gives me hope they go in a direction they can be largely successful in regards to gaming.

 

Instead of burning bridges I'd try and leverage this and work with State Farm to showcase off Atari. I'm sure someone could be more creative but have a home insurance commercial with Pong balls being hailed down repeatedly on the house, an Asteroid hitting, or a duck looking dragon busting out the house and how you are still covered or something equally silly.

 

But I' just a silly guy who doesn't believe in shoebox consoles. 🤷‍♀️

[roadrunner]

[r_chase]

1 hour ago, roadrunner said:

same lmao

[roots.genoa]

9 hours ago, bigfriendly said:

State Farm has deep pockets so it wouldn't surprise me if they simply cut a check to Atari to make this go away.

And I'm pretty sure that's why Atari did this in the first place...

 

And by the way, @GoldLeader, Taito and Disney would like to have a word with you. 🙂

[MrBeefy]

3 hours ago, roots.genoa said:

And I'm pretty sure that's why Atari did this in the first place...

 

And by the way, @GoldLeader, Taito and Disney would like to have a word with you. 🙂

I'm guessing State Farm didn't give them a good quote to insure the Atari hotels. 🤪

 

I wonder if Video Games Live paid to use footage of Atari games in their shows?

Edited March 25 by MrBeefy

[+GoldLeader]

15 hours ago, roots.genoa said:

And I'm pretty sure that's why Atari did this in the first place...

 

And by the way, @GoldLeader, Taito and Disney would like to have a word with you. 🙂

Can't get blood from a turnip I'm afraid

[+GoldLeader]

You see if they were smart,  they would have said, "Yeah we see Crystal Castles there,...Cool.  How about a new commercial where Jake from State Farm is in an Arcade filled with nothing but actual Atari games?"  Then in the fine print "arcade cabs are by Atari" or something along those lines.  And you don't make it about the money.  Make it about nostalgia, happy sentiments, and goodwill. Period. 

 

Compare that to what they did.  Now,  which path looks better in a headline?

[MrBeefy]

27 minutes ago, GoldLeader said:

You see if they were smart,  they would have said, "Yeah we see Crystal Castles there,...Cool.  How about a new commercial where Jake from State Farm is in an Arcade filled with nothing but actual Atari games?"  Then in the fine print "arcade cabs are by Atari" or something along those lines.  And you don't make it about the money.  Make it about nostalgia, happy sentiments, and goodwill. Period. 

 

Compare that to what they did.  Now,  which path looks better in a headline?

Heck they had games on AARPs website at one time iirc.

 

Not to mention they actually have new arcade cabs coming out that they could have tried pushing.

 

 

 

When the Atari lawyers show up to court do they wear speaker ties?

[+jgkspsx]

On 3/24/2024 at 5:56 PM, x=usr(1536) said:

By the logic that has been employed here, Atari should sue the band Crystal Castles for also stealing their IP.

Please don't give anybody ideas.

[roots.genoa]

Maybe Atari should sue every company that released Pong clones 50 years ago. 💡

[Lord Mushroom]

20 minutes ago, roots.genoa said:

Maybe Atari should sue every company that released Pong clones 50 years ago. 💡

I think you have to sue within a reasonable amount of time.

[zzip]

The real question here is why does State Farm think using a 40-year old arcade machine will appeal to today's gaming youth?

[gliptitude]

State Farm is one of the biggest companies of any kind in the United States. They are reasonably going to be targeted by Atari or anyone else who has any claim of IP infringement in one of their broadcast ads. I bet it will just be another negotiated settlement, like an insurance claim. I don't argue Atari deserves it or did anything to earn it or was significantly injured, but this advertisement is a major commercial enterprise and this is the risk of taking pictures without permission and using them to sell things. It is rightfully a bigger risk of being sued when State Farm does it.

Edited March 26 by gliptitude

[MrBeefy]

5 hours ago, zzip said:

The real question here is why does State Farm think using a 40-year old arcade machine will appeal to today's gaming youth?

They didn't. It's why they used some made up name. A made up name is just as relevant to gaming youth as is Crystal Castles.

 

Sorry to all the CC fans.

[zzip]

47 minutes ago, MrBeefy said:

They didn't. It's why they used some made up name. A made up name is just as relevant to gaming youth as is Crystal Castles.

 

Sorry to all the CC fans.

It's still a 1980s-style arcade cabinet in a world where most gaming is done at home, not at the arcade

[roots.genoa]

29 minutes ago, zzip said:

It's still a 1980s-style arcade cabinet in a world where most gaming is done at home, not at the arcade

Then why is Stranger Things popular among teenagers who weren't born in the 80s?

[+Living Room Arcade]

State Farm was stupid to do this IMO.  Someone in the State Farm legal dept. should have caught this and stopped it before it went on TV IMO.  

 

Thanks @PowerDubs for sharing this news story.  It's interesting!  

Edited March 26 by Living Room Arcade

[+Stephen]

As much as I despise litigious people and companies, in this case State Farm can fuck off and die as a company.  Bastards - we had them for multiple insurance (auto, car, etc.) for almost 20 years.  Because my parent's made the mistake of getting robbed and their house cleaned out of TVs, computers, and their jewelry, State Farm cancelled them because they made a claim.  Didn't pay to replace shit either.  I bought them a new TV and laptop so the living room wasn't empty.  I consider this Karma except it won't affect them one iota, certainly not the kick in the teeth my folks got while being down.