Alleged Ultracade counterfeiters indicted

Shaggy July 11, 2009 2

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ultracade

While piracy in the arcade sector is not as common as it used to be, it still occurs here and there. In the most recent case, the man who created the Ultracade setup is accused of selling counterfeit packs of game compilations that owners of an Ultracade setup could use to upgrade their game to feature more titles. David Foley allegedly began to do this after selling Ultracade to GlobalVR, undercutting the prices on the official packs by selling them at lower prices on eBay. Mr. Foley also allegedly worked with Micahel Daddona to produce the packs and on top of that they even made game packs using some titles that were never licensed for use on the Ultracade platform, including games from companies like Nintendo, Namco and Taito. We’ll have to wait and see what the courts decide but if convicted I imagine that Foley and Daddona are looking at some hefty fines and maybe prison time. Foley has pleaded not guilty in this case and was released on $100,000 bond.

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Mr. Foley

BTW- I did a little research into this guy (Foley) and it looks like he has a history with MAME like developments when he attempted to trademark MAME (which he did not own) so he could stop the development of systems that were like Ultracade. Since he did not create or own MAME prior to filing for the trademark, it looks like that did not work out too well and he brought upon himself the ire of many arcade emulation fans. [Source] [Slashdot]

UPDATE – I did some more checking and I discovered something interesting – David Foley is listed as a co-founder of Nanotech Entertainment, who not long ago announced Xtreme Rally Racing for arcades. In fact, if you check Mr. Foley’s website and Nanotech’s (which use the same design), he is listed as Nanotech’s co-founder and CTO. I should point out that the other founder of Nanotech, Robert DeKett is not part of this indictment and Nanotech was not listed as a company as involved in the Ultracade scheme.

I also have found a SF Gate article which gets into more detail on the indictment.

UPDATE –

Bob DeKett, CEO of Nanotech Entertainment replies:

While I cannot comment on any specifics on the case, I can tell you I was the VP of Business Development at UltraCade, and then at Global VR,  and was involved in deals licensing the IP in question.   I don’t believe that David has done anything wrong, and I believe he will be vindicated by a full acquittal.  I can also tell you that he still owns UltraCade Technologies, and that Global VR defaulted on the purchase of certain assets of UltraCade Technologies, never completing the payments that were due.  None of the UltraCade creditors that were to benefit from the deal have received a dime.  David and Global VR have been fighting this in a civil lawsuit that was started in 2006.  I would caution people to wait until this is settled and know the entire story before rendering a judgment or opinion about the situation. Remember, in America you are innocent until proven guilty.  David has to do nothing to prove his innocence, it’s up to the DA to prove the claims.

[Via Gamasutra] [SF Gate on this story with more details] [Discuss on the Forums]


2 Comments »

  1. elvis July 11, 2009 at 6:33 am - Reply

    Dig a little and you’ll find David Foley has a less than clean past. He loves litigation as a first resort, and has on more than one occasion come to loggerheads with the MAME developers.

    I write off most information I hear about him, particularly when he’s the one waving the anti-piracy flag.

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