Re: "Commodore" brand

From: admin_at_wavestarinteractive.com admin_at_wavestarinteractive.com <admin_at_wavestarinteractive.com>
Date: Tue, 3 Mar 2020 14:15:03 -0800 (PST)
Message-ID: <432517985.66117.1583273703724_at_privateemail.com>
Groepaz, I understand you know this fairly well so the following isn't really directed at you:

All they have to do is update the registration of the copyrights by providing documentation of ownership transactions showing the change of ownership from the original Commodore corporation all the way to the current. 

Technically, they can do it without doing all that but they would be better off having all the records. 

In addition, U.S. copyright office and U.S. courts might not be the court of jurisdiction. It could be in another country that is a member country of the Berne Convention. So a copyright registered in another country and actively updated is still required to be recognized in the U.S. even without updating the copyright in the U.S., directly. Add to it, how would you target the VICE team other than targeting the individuals. There would be a bit of work to go after some individuals. It is costly. 

DMCA take down notices don't have legal jurisdiction outside the U.S. and can be ignored by non-U.S. citizens due to lack of jurisdiction and the correct notices would have to be issued. ISPs and web hosts may shut down a site due to that but that doesn't stop VICE Team in any way. They may even have someone that is a member of the VICE Team hosting the site who wouldn't bother with such "take down notices" and even laugh at it.... literally.

If I was making something commercially requiring the ROM images, I can choose to pay for a license or enter into an agreement with Cloanto if they are willing to be reasonable on the license terms. Don't get me wrong, I am not claiming they are unreasonable. Of course, I would like to see proof of their ownership claim with a clear record of each intellectual property asset purchase agreement and their copyright registration information, with a clear trail from Commodore to Escom to everyone in between to Cloanto. I have a reasonable right to have proof furnished to me that they legally own the right and entitled royalties. This is only reasonable. VICE Team can ask them about it. Since Cloanto uses VICE, a GPL license product, in their Emulators packages being sold commercially, there can be a copyright infringement claim from VICE Team against Cloanto.... or they can simply come to the table and work something out that they both can mutually agree on. 

However, I don't speak for VICE Team but that is an option that could be pursued provide Cloanto has proof of ownership trail of legal transaction of ownership with an continuous uninterrupted transaction record of ownership changes. There is usually a document such as asset purchase agreements (and the likes) and financial transaction (with certain content like bank numbers or whatever blacked out / redacted) trail. 

If I was going to pay for a license, I want to be certain the party I am getting a license from has the rights to license or sublicense the intellectual property.

It is fair and reasonable for any licensee to have the proof presented to them. 

> On March 2, 2020 1:50 PM groepaz_at_gmx.net wrote:
> 
>  
> Am Montag, 2. März 2020, 22:47:17 CET schrieb smf:
> > admin_at_wavestarinteractive.com wrote:
> > > Just so we know, the VICE team is aware of copyright matters.
> > 
> > And yet they still distribute the roms along with Vice.
> 
> and why not. back to first post =)
> 
> -- 
> 
> http://hitmen.eu                 http://ar.pokefinder.org
> http://vice-emu.sourceforge.net  http://magicdisk.untergrund.net
> 
> Leute, es muss mehr gesoffen werden! 
> <Theodor Heuss>
Received on 2020-05-30 01:17:47

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