It doesnt matter if they own the rights or not. It's still intellectual property that someone owns. Im all for the "underdog" but the reality is someone paid for the license and anyone using it for their own financial gain is stealing. It may not feel like stealing, but it is.

Yes. Most times they dont care about the one-offs but if there's a trend or they want to set an example, they'll take some action, usually sending threatening cease and desist letters (just like now). It's a somewhat cheap deterrent (even at $500-$1000 an hour). Happens all the time.

I assume the logic is:

They must have a heck of a time enforcing this against the OP because I assume he's somewhere in England. So how much money are you going to spend going after a mom and pop shop in Great Britain? Are you going to contact British outside council and wrestle with the British justice system- you think US attorneys are expensive? How much money is this going to cost you even if you do stop him.

Since the OP posted on Pinside (which I assume is where his customers are), why not write a cease and desist letter and put everyone on notice. If you cant stop the OP from selling, make the customers stop buying.

Cease and desist letters are meant to scare people. The actual cost of litigation and enforcement are enormous, especially against foreign entities. Posting here is the most efficient way to convey a message and hope people comply voluntarily.

Again, this is just my complete guess.

Understand, a lawyer is not posting here by accident or mistake. As I stated, this is intentional and he's sending a message to the seller but also to buyers.

So you think Rick wrote that and is impersonating a real intellectual property lawyer (Tim Fraelich)? A partner at Jones Day? Really?

http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=tim%20fraelich

Dont worry. No one will come after you because youre probably judgment proof.

I have already said that enforcement is unlikely.

My response was to all those who questioned why a lawyer would post a legal response on this forum. It's a deliberate attempt to dissuade people.

Good for you. You have no idea what Im talking about. Hopefully you'll live in a world where you'll never have to use the legal system.

Just so we can all be clear. You dont actually have a legal license to sell any of those decals? However, Rick forced Facebook to shut down your illegal operation (even though he didn't own those rights)?

Is this the basis of your legal position: You're infringing on someone else's copyright, so Rick should butt out?

And what are your damages? Your honor, Rick interfered with my business of reproducing Data East items that I could have sold for a profit that I illegally produced without the owner's permission.

Am I correct? That type of claim will get you really far. Go with it.

Let's review:

Who started this thread? Rick or the RetroRefurbs?

Who is reproducing unauthorized work for a profit? Rick or RetroRefurbs?

Who had unauthorized pictures on Facebook? Rick or RetroRefurbs?

If you want to buy something, you go to the source, the source does not go to you.

I would have much more sympathy for the OP except he's the one who started the thread claiming his rights have been violated. The irony.

Is that really the issue? So what if he doesnt own it. The point is someone owns it and it's not Pete.

I have no quarrel with anyone trying to earn a living. However, dont take the high moral ground when youre bootlegging someone else's creation.