I just received this along with a not very friendly phone call today.

Dear Mr. Astill:



You are correct that your use of the flyer images and game descriptions constitutes copyright infringement.  However, your distribution and sale of the game roms also constitutes copyright infringement and breach of contract.  The license agreement applicable to the game roms states:

  

“Other than the copy of the Software installed for you during this process, one (1) archival copy thereof, and the Flash ROM copies for installation into the Pinball Games, you may make no copies of the Software.  You may not transfer or sublicense your license rights in the Software to another party or distribute copies of the Software, except that you may install Flash ROM copies of the Software into Pinball Games owned by others as part of servicing such Pinball Games, provided the owners of the pinball Games read and agree to accept the terms and conditions of this License Agreement and provided you do not charge an additional fee for the provision of the Flash ROM copy of the Software.  Under no circumstances may you sell copies of the Software, including Flash ROM copies”



Your sale and attempted sale of game roms on eBay, whether or not styled by you as the sale of copying services, breaches this provision of the license agreement and infringes upon Williams’ copyrights.



Williams regards unlawful uses of its intellectual property very seriously, as they damage Williams’ goodwill, deceive the public, and undermine Williams’ extensive investment in its products.  Accordingly, while Williams appreciates your enthusiasm for the pinball hobby and your desire to assist other enthusiasts, it will not tolerate infringement of its rights.



Sincerely,        



Steve Macaluso

Senior Counsel - Licensing & Trademarks

WMS Gaming Inc.

3401 N. California Ave.

Chicago, IL 60618

Is WMS even offering roms? If not, then what do they expect people with the WMS machines to do?
In fact that could be a leg you could stand on in court, if it ever came to that....

That's a pretty hard line to take in this day and age where you won't find a pin monkey to go out and do a ROM upgrade since they pretty well are non existent.

I don't understand the motivation behind it all at this point in time. If they were to have issue with it I would have expected that to be several years ago and not this late in the game.

What do you think made them all of a sudden taking an interest in replacement roms? I find it odd since they basically let their intellectual property rot into obsolescence on the the shelf. Huh?

Is there a work around that falls into their license i.e. insisting you get the old roms back somehow?

Should we be archiving ROM images because the next step is going to go after anyone who is hosting them on the net?

Wow....

Did you approach them for any reason, or did they come right to you [uninvited] ?

I assume they found you via eBay ?

I wonder if John Wart Jr. and Ray Johnson (Action Pinball) also got this cease and desist ?

I wonder if I'm next...   (nothing so far...)


Steph

I heard that they are getting their ducks in line...
Because when Wayno is done with his licenses they are taking it all back.

And building pins again!

Quoted from b1buwg97

And building pins again!

And the streets are  paved with gold;
And no one ever grows old;
In that funny land lives the Wizard of Oz.

Wouldn't surprise me that this is an interim thing with WMS. If the rights are subject to re-negotiation soon then I could see them tightening their belts just to make the package their offering look more attractive for now.

but you're not selling the roms... you're selling a service.

Quoted from Mrhide

but you're not selling the roms... you're selling a service.

I can see them having problems with representing the product with their images, but the argument on ROMs they make is flawed. They basically say the owner of the game is entitled to one copy of the rom, and it is ok for a copy to be installed during service. The problem with the argument is that to produce any ROM you require a further image on the computer that is part of creating that ROM. So it's becomes a chicken and egg argument.

This is a likely case of Williams both reacting to the current "trend" to defend copyright simply because of it's natural erosion due to the Internet phenomenon (and legal depts "looking to make work" because those lawyers are next on the chopping block), and trying to protect what they now see as a profit centre through game system manufacturers re-licensing their ROMs for cartridge/CD-0Rom games.  It may be those companies insisting that Williams protect their interest in the copyright.

Astill may be successful negotiating the copying rights to the ROMs solely for the purpose of pinball ROM chip replacements (unless someone else has those rights), but I'd be making an inquiry (is there an email address for Steve M.?).

Williams previous "lazy" attitude towards protecting their copyright and the fact that they have published their roms online might be seen as a defense since they've got no apparent reason (i.e. profit motive) except to cause hardship.

Perhaps everyone will start making their own personal collection of ROM images for future use.

While WIlliams hands off policy was helping sustain their product into the future (which Williams could hardly care less about), moves like this will help put another nail in the pinball industry coffin or drive it all underground.

Well, this seems a lot more professional than the "You're touching my licenses, I will shut you down" messages I've received from Wayne..

Although this seems to be from an entirely separate entity

On second reading of the licensing statement and the complaint, it appears clear the Williams allows the copying of the ROMS for the purpose of "installation" into a machine being serviced, just that you can not charge a profit on the providing the software itself. They are not limiting your right to charge for the cost of installation services, nor to charge for the cost of the copy Media (the Flash ROMs).  They do appear to be trying to limit your ability to charge for the service of copying the ROMS (although in reality all they are saying is that you are not providing a copying service, they consider it selling copies of the ROM Software since you are at a distance to your potential customers).

From the license statement, it seems clear that what they want to do is allow us to copy the ROMS to physically fix existing machines and to be able to charge for the service of installation and the cost of a new ROM chip, but not charge for the cost of the ROM image itself (which is their property and which they have, by this license agreed to provide to pinball repair facilities).


Certainly it would seem that Astil could check if offering a service replacing ROMS if the previous owner provides a copy of the original ROM chips as proof of ownership, or signs a licensing agreement, might work, so long as the wording of his ads carefully states that the purchaser is paying only for the cost of a ROM chip and the labour to copy it, and only for use in repairing a machine owned by the purchaser?  

The acid test would be the cost of the service.

Quoted from websherpa

Astill may be successful negotiating the copying rights to the ROMs solely for the purpose of pinball ROM chip replacements (unless someone else has those rights), but I'd be making an inquiry (is there an email address for Steve M.?).
.

you can contact him on is profile at http://www.linkedin.com/pub/5/367/184

I guess he only checking seller on ebay right know... easy stuff to do to justify his job at Williams.