Atari Sues Tommo Over Flashback Knock-Offs

July 7, 2011 -

Atari Interactive has filed a $30 million lawsuit in a California district court against Tommo Inc., alleging that the toy distributor knowingly sold knockoffs of its Flashback 2 console. According to the complaint filed by Atari and acquired by Gamasutra, Tommo sold "wholesale quantities of unauthorized and pirated copies of Atari software and Atari Flashback 2 consoles."

The Flashback 2 was released in 2005 as a plug-and-play direct-to-TV console shaped like a 2600 console. The Flashback came packed with forty games. In 2006 Atari discontinued the system after selling over 860,000 units.

Knock-offs sold by various companies are usually identical to the original Flashback units, offering the same style of packaging, design and packed-in games.

According to Flashback creator Legacy Engineering, "illegal manufacturers" were probably able to obtain the original's source files and plastic molds for the Flashback.

However these products were created, Atari wants satisfaction. the company is seeking undisclosed monetary damages from Tommo. Gamasutra speculates that it could ask for as much as $150,000 for each of its infringed copyrights. the company is claiming that at least 80 of its copyrights have been violated.

Source: Gamasutra


 
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Matthew Wilsonmost likly not since windows is considered essential, so unreasonable tos wont hold up. that being said, I am using it, and its prity good.07/29/2015 - 5:11pm
Sora-ChanThe question on those is can they be held up in court. From what I can tell those kinds of clauses haven't been challenged in court yet.07/29/2015 - 4:40pm
E. Zachary KnightPapa, Of course thre is. That has now become a permanent part of the EULA boilerplate template.07/29/2015 - 12:56pm
Papa MidnightIn case anyone is interested, there is a clause written into Section 10 of Windows 10's EULA that provides for a Class Action Waiver, and restricts the user to Binding Arbitration.07/29/2015 - 11:15am
TechnogeekNo, that folder is what gets used for the upgrade process. I already had the upgrade go through on my notebook.07/29/2015 - 10:35am
Andrew EisenMatt - And AGAIN, you keep saying "accountable." What exactly does that mean? How is Gamasutra not accounting for the editorial it published? How is it not accountable to its readership (which, AGAIN, is primarily game industry folk, not gamers)?07/29/2015 - 10:10am
james_fudgeThat's the clean install, for anyone asking07/29/2015 - 9:23am
TechnogeekAlso, it's the upgrade that's available for installation now. You might need to forcibly initiate the Windows Update process before it'll start downloading, though. (If there's a C:\$Windows.~BT folder on your computer, then you're in luck.)07/29/2015 - 8:46am
TechnogeekAdmittedly there's more room to push for an advertiser boycott when you get into opinion content versus pure news, but keep in mind that reviews are opinion content as well.07/29/2015 - 8:46am
TechnogeekMatts: There's a difference between "this person regularly says extremely terrible stuff" and "I don't like the phrasing used in this one specific editorial".07/29/2015 - 8:45am
MattsworknameWait, is that for the upgrade or the clean install only? cause I was gonna do the upgrade07/29/2015 - 8:32am
james_fudgehttps://www.microsoft.com/en-us/software-download/windows1007/29/2015 - 8:30am
PHX Corp@Wilson, I'm still waiting for My upgrade notice aswell07/29/2015 - 7:57am
MattsworknameWilson: how? Im still waiting for my upgrade notice07/29/2015 - 3:44am
Matthew WilsonI updated to a clean instill of windows 10.07/29/2015 - 2:36am
Mattsworknameargue that it's wrong, but then please admit it's wrong on ALL Fronts07/29/2015 - 2:06am
MattsworknameTechnoGeek: It's actually NOT, but it is a method used all across the specturm. See Rush limbaugh, MSNBC, Shawn hannity, etc etc, how many compagns have been brought up to try and shut them down by going after there advertisers. It's fine if you wanna07/29/2015 - 2:05am
Mattsworknamediscussed, while not what I liked and not the methods I wanted to see used, were , in a sense, the effort of thsoe game consuming masses to hold what they felt was supposed to be there press accountable for what many of them felt was Betrayal07/29/2015 - 2:03am
MattsworknameAs we say, the gamers are dead article set of a firestorm among the game consuming populace, who, ideally, were the intended audiance for sites like Kotaku, Polygon, Et all. As such, the turn about on them and the attacking of them, via the metods07/29/2015 - 2:03am
MattsworknameAndrew: Thats kind fo the issue at hand, Accountable is a matter of context. For a media group, it means accountable to its reader. to a goverment, to it's voters and tax payer, to a company, to it's share holders.07/29/2015 - 2:02am
 

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