Atari C&Ds Emulators, Site About Asteroids

An anonymous reader writes "Atari Inc. has launched another round of cease-and-desist letters targeted at what remains of its fan community. Having threatened homebrewers for the Atari 2600 and 8-bit systems, as well as emulator authors for mobile platforms like Android, they're now upping the ante by menacing Atari emulator authors on the Dreamcast and sites with Asteroids in the name (though in fairness, that site apparently once hosted a version of the Asteroids game). The working theory is that the company is planning a big push into the mobile market, and is trying to eliminate everything it believes could threaten its latest attempts at reviving the brand name. However, the emulators in question appear to have no copyrighted content from Atari, so it's unclear what exactly Atari believes the infringing material to be."

Re:Infringing material...

[Purity Of Essence]

Except they are spamming DMCA notices -- the C standing for Copyright -- and all of the claims made in the notices are about copyright infringement. I hope someone nails Atari to the wall for this bullshit.

Re:Infringing material...

[Purity Of Essence]

Here's a copy of the initial post of the DCemu thread linked in the summary:

I received this cease and desist letter from Atari, are they completely dumb, did you guys get one? Should we be concerned? As far as I know, its still legal to distribute emulators unless some new law passed? and of all the sites, they are referring to my old ass DCEmu archive.

"Atari, Inc.
417 5th Avenue
New York, NY 10016-2204

Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

August 30, 2011

Re: seanbajuice.com

Dear Domain Admin:

I am writing on behalf of Atari, Inc./Atari Interactive, Inc. (“Atari”) to demand that you immediately and permanently cease and desist from the infringing activities described below and comply with the other demands set forth in this letter.

Atari is a global producer, publisher and distributor of interactive entertainment software for all market segments and all interactive game platforms. Atari is the exclusive owner of intellectual property rights, including copyrights and trademarks, in numerous interactive entertainment software products, including those listed below, and vigilantly protects its rights.

Based on available information, Atari has a good faith belief that the url(s):

http://dcemu.seanbajuice.com/dcemu-atari800.htm [seanbajuice.com]
http://dcemu.seanbajuice.com/dcemu-DC7800.htm [seanbajuice.com]
http://dcemu.seanbajuice.com/dcemu-dcs2600.htm [seanbajuice.com]
http://dcemu.seanbajuice.com/dcemu-lynx.htm [seanbajuice.com]
http://dcemu.seanbajuice.com/dcemu-stelladc.htm [seanbajuice.com]

infringes its copyright and other intellectual property right by copying, reproducing and/or offering for distribution, display and/or download (including through links to other sites) unauthorized console emulation software and/or unauthorized copies of game products (software) protected by Atari’s copyright rights. Atari’s copyrighted works that have been infringed include:

Atari 800; Atari 2600; Atari 7800; Atari Lynx

The infringing material or the material that is the subject of infringing activities (collectively referred to as “Infringing Material”) is listed and/or identified by console and game-related titles or variations thereof, console and game-related descriptions, or images of console and game-related artwork.

The Infringing Material is in violation of Atari’s exclusive rights under the United States Copyright Act. It therefore constitutes copyright infringement in violation of 17 U.S.C. 501.

Pursuant to the provisions of the Digital Millennium Copyright Act (“DMCA”), which is codified at 17 USC 512, Atari demands that you 1) expeditiously remove or disable access to the Infringing Material; and 2) take steps to prevent further infringement of Atari’s intellectual property rights at the above referenced URL(s).

I have a good faith belief that use of the copyrighted materials described herein is not authorized by Atari, its agent, or the law. The information in this notification is accurate. Under penalty of perjury, I affirm I am authorized to act on behalf of Atari whose exclusive copyright rights I believe to be infringed as described herein.

This notice is not intended to be a complete statement of the facts or law in this matter. Nor is it intended to be a complete statement of Atari's positions, rights or remedies, legal or equitable, all of which are specifically reserved.

If you have any questions, please contact me by phone [phone] or email at [e-mail].

Thank you.

Regards,

Kristen Keller,
SVP & General Counsel"

http://pastebin.com/kmkN7zCM [pastebin.com]

Re:Infringing material...

[WillyWanker]

Bullshit. It's more legalized extortion. They know just the threat of a length and expensive lawsuit is enough to get these small operations to shut down, even when Atari knows damned well they don't have a case. Laws and rights don't mean shit if you can't afford to defend them. Welcome to America.