(Topic ID: 173382)

Rick and PPS Making Fraudulent Claims - FYI


By RetroRefurbs

2 years ago



Topic Stats

  • 788 posts
  • 214 Pinsiders participating
  • Latest reply 1 year ago by Chuck_Sherman
  • Topic is favorited by 45 Pinsiders

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    There are 776 posts in this topic. You are on page 1 of 16.
    15
    #1 2 years ago

    Greetings fellow Pinsiders.

    Before I get to the point of the topic title, allow me to introduce ourselves to the community and explain a little about who we are and what we do.

    Retro Refurbs is a small family run pinball business based in the North East part of England, United Kingdom. For over 10 years we have been been fixing, servicing and restoring pinball machines for both our own interests and for clients. A lot of restorations we do are on the high end scale and cater to collectors, but we also do outcalls in our local area when someone needs help with their game.

    We showcase all of our work online and share our knowledge openly in order to help people who are fixing or restoring their own games. We help people and regularly donate to forums/sites/good causes where we can participate. Pinball is our passion, and we love the great community that surrounds us in this hobby. It's full of likeminded people who are often happy to help each other and keep this these wonderful pieces of gaming history alive for future generations to enjoy.

    However, there are of course the odd bad egg in this hobby and that brings me to the topic title.

    Earlier today the Retro Refurbs Facebook page - facebook.com/RetroRefurbsUK - was hit with a fraudulent copyright claim by Rick, and as result we had content removed. Here is a screen shot of the claim:

    IMG_8911 (resized).PNG

    What's most interesting is that none of our posts or images in question contained material which Rick or PPS own the rights to. Here is one such image:

    claimpost (resized).jpg

    As you can see, the content of this image has no relation to Rick or PPS whatsoever. It should also be noted that nothing is available for sale from our Facebook page. Needless to say a counter claim has been submitted and Facebook have been made aware of this fradulent activity. It should be noted that under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online material.

    These actions are that of an extremely jealous and greedy individual who's only interest is in that of helping himself, not others. Rick could well land himself some jail time if he's not careful and continues to make fraudulent claims about his organization.

    Usually such matters like this would be handled privately, but we feel in this case that such dirty tactics should be made aware to everyone in this hobby, and the individual in question named and shamed.

    We cannot ask anyone here to boycott PPS, but you have the information to make your own mind up about who you do any business with.

    Wishing everyone a great weekend!

    Kind regards,

    Pete
    Service & Repairs Technician
    Retro Refurbs

    #2 2 years ago

    Wish I could say I was surprised... instead, just SMH.

    *Edit* PPS doesn't have the right to any Capcom artwork do they, through purchasing IPB?

    #3 2 years ago

    This is gonna get ugly quickly lol.

    #4 2 years ago

    Interesting

    #5 2 years ago

    1st post, Uh oh. Where's that Michael Jackson eating popcorn gif?

    I will leave now. Exit stage left.

    #6 2 years ago

    Hmmm. It's not like someone in pinball to be dishonest.

    #7 2 years ago

    Try contacting Rick and see what he says. He gives out his phone number on the forum all the time and says for people to call him. I'm not saying you'll like the answer, but I think you will be able to get in contact with him and find out what is going on.

    #8 2 years ago

    When did PPS get Gottlieb rights?

    #9 2 years ago

    I think Rick has the Capcom rights. Fraud is quite a word to be throwing around so casually, especially in the age of JPop and Kulek.

    -87
    #11 2 years ago

    Mr. Bell,

    I act as outside counsel for Planetary Pinball. You are well aware that I have contacted you multiple times about your unauthorized advertisement and sale of numerous products for Williams/Bally pinball machines. I even have a signature confirmation signed by you, "Peter Bell" confirming that you received my initial letter. Unfortunately, you have steadfastly ignored these communications and continue to infringe trademarks and copyrights to which you have no rights. Several examples of such infringing products can be seen on your website.

    As most people that have ever watched a movie on Blu-Ray or DVD know who have seen the warning at the beginning of the movie, the unauthorized sale of goods which violate the trademarks and copyrights of others can subject not only the seller to legal jeopardy, but anyone trading in such goods as well. Thus, you are willfully placing your customers in legal jeopardy by selling them unlicensed products. Planetary Pinball wants to serve the pinball community and wants to maintain good relationships with those in it, but it cannot continue to countenance your actions. There really is no question that Planetary Pinball licensed its rights to the relevant Williams/Bally intellectual property for a considerable sum and you did not. I strongly suggest that you find some other way to enjoy the hobby without breaking the law and infringing the rights of others and I sincerely hope that you choose to conduct yourself appropriately in the future. Of course, if you have some legitimate explanation for your behavior, I would be pleased to receive it in response to the several communications that have already been sent to you.

    Tim Fraelich

    66
    #12 2 years ago
    Quoted from TFraelich:

    Thus, you are willfully placing your customers in legal jeopardy by selling them unlicensed products.

    Good luck with that one...

    -1
    #13 2 years ago
    Quoted from TFraelich:

    Mr. Bell,
    I act as outside counsel for Planetary Pinball. You are well aware that I have contacted you multiple times about your unauthorized advertisement and sale of numerous products for Williams/Bally pinball machines. I even have a signature confirmation signed by you, "Peter Bell" confirming that you received my initial letter. Unfortunately, you have steadfastly ignored these communications and continue to infringe trademarks and copyrights to which you have no rights. Several examples of such infringing products can be seen on your website.
    As most people that have ever watched a movie on Blu-Ray or DVD know who have seen the warning at the beginning of the movie, the unauthorized sale of goods which violate the trademarks and copyrights of others can subject not only the seller to legal jeopardy, but anyone trading in such goods as well. Thus, you are willfully placing your customers in legal jeopardy by selling them unlicensed products. Planetary Pinball wants to serve the pinball community and wants to maintain good relationships with those in it, but it cannot continue to countenance your actions. There really is no question that Planetary Pinball licensed its rights to the relevant Williams/Bally intellectual property for a considerable sum and you did not. I strongly suggest that you find some other way to enjoy the hobby without breaking the law and infringing the rights of others and I sincerely hope that you choose to conduct yourself appropriately in the future. Of course, if you have some legitimate explanation for your behavior, I would be pleased to receive it in response to the several communications that have already been sent to you.
    Tim Fraelich

    Well that is well written.

    18
    #14 2 years ago

    They took your facebook page down because that's about all they can do since you're overseas.

    #15 2 years ago

    The Baywatch ladies still look cool as ever feeling the heat of the law.

    46
    #17 2 years ago

    LOL, that must be one hell of a lawyer for rick to not only get him to sign up and create a message board account, but do so on a Saturday afternoon. My attorney would laugh me off the phone (at $575 billable by the 1/2 hour) if I asked him to go posting on a forum on my behalf. Seriously, lol. If us hobbyists had access to some of the items he offered legitimately, these unlicensed characters wouldn't have a venue.

    87
    #18 2 years ago
    Quoted from Frax:

    Good luck with that one...

    I'm peeling off all my decals and mailing them to Rick just to be safe.

    #19 2 years ago

    Lol, ricks power extends from california to maine. He has no authority outside the US.

    -2
    #20 2 years ago
    Quoted from lordloss:

    Lol, ricks power extends from california to maine. He has no authority outside the US.

    actually not true especially with copyright.

    #21 2 years ago

    Timothy P. Fraelich is seasoned lawyer and is very knowledgeable in the pinball arena. I was in his cross hairs back in 1999 before I became licensed and he is not to be taken lightly.

    http://www.jonesday.com/tfraelich/

    Jeff

    #22 2 years ago

    Im expecting a set of decals from the above named i wonder what other options i have since no one else produces them i suppose im expected to go without i have bought a set of Addams gold decals and was impressed enough for me to buy a 2nd set
    Supply and demand and i think we all know if the demand for something is there someone will fill that void thanks to pinball refurb looking forward to receiving my next order

    #23 2 years ago
    Quoted from TFraelich:

    Mr. Bell,
    I act as outside counsel for Planetary Pinball. You are well aware that I have contacted you multiple times about your unauthorized advertisement and sale of numerous products for Williams/Bally pinball machines. I even have a signature confirmation signed by you, "Peter Bell" confirming that you received my initial letter. Unfortunately, you have steadfastly ignored these communications and continue to infringe trademarks and copyrights to which you have no rights. Several examples of such infringing products can be seen on your website.
    As most people that have ever watched a movie on Blu-Ray or DVD know who have seen the warning at the beginning of the movie, the unauthorized sale of goods which violate the trademarks and copyrights of others can subject not only the seller to legal jeopardy, but anyone trading in such goods as well. Thus, you are willfully placing your customers in legal jeopardy by selling them unlicensed products. Planetary Pinball wants to serve the pinball community and wants to maintain good relationships with those in it, but it cannot continue to countenance your actions. There really is no question that Planetary Pinball licensed its rights to the relevant Williams/Bally intellectual property for a considerable sum and you did not. I strongly suggest that you find some other way to enjoy the hobby without breaking the law and infringing the rights of others and I sincerely hope that you choose to conduct yourself appropriately in the future. Of course, if you have some legitimate explanation for your behavior, I would be pleased to receive it in response to the several communications that have already been sent to you.
    Tim Fraelich

    You might want to read a few more law books.

    11
    #24 2 years ago
    Quoted from ClassicArcades:

    Timothy P. Fraelich is seasoned lawyer and is very knowledgeable in the pinball arena. I was in his cross hairs back in 1999 before I became licensed and he is not to be taken lightly.
    http://www.jonesday.com/tfraelich/
    Jeff

    Guess now he can add "Posts to Pinside" to the bottom of his page.

    #25 2 years ago

    13
    #26 2 years ago

    1st time I've ever seen a lawyer post in a public forum regarding an ongoing case. Especially not to the alleged offender.

    -1
    #27 2 years ago

    I've seen it before on a car forum, it didn't go well for that forum or the owner (they were breaking copyright law).

    Cheers,
    Neil.

    #28 2 years ago

    It is NOT illegal to buy (alleged) counterfeit goods. Certainly not in the UK and I wouldn't be surprised most other places too.

    #29 2 years ago

    looking at your website, you do seem to be selling reproduction Bally/Williams stuff

    http://www.retrorefurbs.com/shop-cat/pinball-cabinet-decals/bally-williams/

    not only do you need permission from PPS, you also need the original holders permission as well (Warner Bros for BBBB)

    #31 2 years ago

    I've got no love for PPS, but is the OP producing and selling Williams decals without authority from the license holder? That wasn't really made clear in the original post.

    Edit: PopBumperPete got in first.

    #32 2 years ago

    http://www.copyright.gov/fls/fl100.html

    Seems there is no International Copyright Law?

    Mike

    25
    #33 2 years ago

    DECALS (resized).jpg

    19
    #34 2 years ago

    Anyone here old enough to remember this hobby before attorneys started sticking their dicks into everything? Sheesh.....

    #35 2 years ago
    Quoted from CubeSnake:

    Anyone here old enough to remember this hobby before attorneys started sticking their dicks into everything? Sheesh.....

    Anyone remember ANYTHING before laywers became so involved?

    #36 2 years ago

    The OP may be in the wrong here, I'm not sure.

    However, I sure hope the next CGC/PPS release is a total flop.

    42
    #37 2 years ago
    Quoted from TFraelich:

    Mr. Bell,

    As most people that have ever watched a movie on Blu-Ray or DVD know who have seen the warning at the beginning of the movie, the unauthorized sale of goods which violate the trademarks and copyrights of others can subject not only the seller to legal jeopardy, but anyone trading in such goods as well. Thus, you are willfully placing your customers in legal jeopardy by selling them unlicensed products.
    Tim Fraelich

    Threatening Pinsiders that may buy something from someone that may or may not be infringing on your client is a douche move.

    10
    #38 2 years ago
    Quoted from ClassicArcades:

    Timothy P. Fraelich is seasoned lawyer and is very knowledgeable in the pinball arena. I was in his cross hairs back in 1999 before I became licensed and he is not to be taken lightly.
    http://www.jonesday.com/tfraelich/
    Jeff

    I visited that link... In my mind that is what I picture a BM66SLE buyer to be.

    #39 2 years ago

    Edit - turns out he is on the forum and I just missed him! Sorry

    -5
    #40 2 years ago

    This is a total outrage that I don't give a wet fart about.

    Moving on...

    29
    #41 2 years ago

    So let me get this straight, in the UK you can buy cabinet decals for pinball machines that aren't available anywhere else?

    Yeah, they need to put a stop to this right away.

    #42 2 years ago
    Quoted from j69:

    Not being funny OP, but I live about 8 miles from you and I've never heard of retrorefurbs?
    I've also been a regular on the only pinball forum in the U.K. since it's inception and you're unknown on there too. Your website contains mainly empty links and your Instagram is 7 weeks old!?

    He is on the only pin forum you speak of. And been there a while now.

    #43 2 years ago
    Quoted from Mike_J:

    The OP may be in the wrong here, I'm not sure.
    However, I sure hope the next CGC/PPS release is a total flop.

    PPS owns the rights and one of their responsibilities is to protect those rights; they have to protect them otherwise negligence could cost them any defense in the future. Remember when that loser in Australia owned the rights? You want to go back to those days?

    #44 2 years ago
    Quoted from lordloss:

    Lol, ricks power extends from california to maine. He has no authority outside the US.

    George Lucas shut anyone down that was making unlicensed starwars replicas in the USA but his reach doesn't extend to Europe. I'm not sure if he tried or not. There are lots of folks over there reproducing excellent replica costumes without fear of litigation. They will not sell them to customers in the USA however.

    #45 2 years ago

    Star Trek/Paramount recently set guidelines for fan made movies. The limitations are so restrictive that it is basically unrealistic to make any kind of movie in the Trek universe. Too bad, many of them were better and more true to cannon than the remade movies.

    #46 2 years ago

    would love to see the document of what rights is covered under protection and the time period of that protection of Bally, Williams, Capcom.

    is this the case for people that reproduce boards for pin games as seems to be a few people making repros

    11
    #48 2 years ago

    I ask again, does PPS have Gottlieb rights?

    The OP warning letter showed Gottlieb artwork so that's why I ask.

    #49 2 years ago

    It is shocking how many unlicensed cabinet decals, plastics and translite's you can find on eBay and the internet in general, often times very bad counterfeits at that. I am glad to know there is some crack-down on this..........I fell victim to a bad set of cabinet decals on eBay, it was my poor decision to buy them. I opened a case with eBay and they were declared illegal counterfeits and i received a refund.

    #50 2 years ago

    Am I the only one that thinks this is a clever marketing scheme for his company ?

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