David R Foley about to have a vacation!

[Pinball_Ken]

Interesting news, or perhaps not:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/10/BA6L18LLG3.DTL

Looks like VP9 revisions may be delayed somewhat.

PK :)

 

[Noah Fentz]

Foley owned UltraCade Technologies in San Jose, which produced game packs, collections of video games that could be loaded onto arcade video-game machines. Foley sold his company and its intellectual property to Global VR of San Jose in June 2006.
But just before he sold UltraCade, Foley made game packs at his home using a burner stolen from UltraCade, the indictment said.

Stealing from yourself?

Interesting to see how this plays out. Still, I'd like to know how stealing from yourself is a crime.

If I were to guess the outcome, I'd say the company selling them on Ebay is in hot water, not Dave.

 

[Isaac Sauvage]

seems pretty odd behavior on foley's part given the level of scrutiny he's been under for some time in arcade and MAME circles via the number of projects in which he's deliberately stuck his neck out and made sure that his legal footing was impeccable in order to withstand lawsuits / counterattacks, etc.

seems to me from ahigh, bmath and foley's posts at the old VPF that there was a fair amount of bad blood between various players in the whole commercial VP venture. so who knows, maybe someone saw an opportunity to screw foley over on a technicality and decided on a little payback. (his firing might have been an earlier payback)

then again, foley is human, and even the smartest people get lazy and greedy at times, particular when times are tough.

i bet the MAME forums has a 30-page thread on this by now...

 

[sleepy]

This is where the trouble might be.

Foley was fired from the company, but for the next two years, he kept the proprietary code and trade secrets now belonging to Global VR and "secretly manufactured and sold game packs with counterfeit markings belonging to Global VR for his own financial benefit," the indictment said.

And in an unrelated incident, I went downtown to the courthouse and I saw David Spade.
He was standing at the entrance to the subway pondering and ponderously smoking a cigarette. Nothing relevant to this fact, but I remember that he was used in a promotion for one of the arcade cabs on the market. Did Mr. Foley ever sell his cabs out of Laguna Beach?

 

[bob]

Remember this. :)

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76627578

 

[Steely]

I haven't seen that before.
Can you explain it Bob?

Was he trying to claim a patent to MAME?
I'm confused.

 

[sleepy]

Wasn't it a copyright?
EDIT: Yep. see at the top of the page it states: "Trademark Document Retrieval".
He was copyrighting the trademark and name.

 

[bob]

Steely, a couple of links, the second one is Folies response.

http://www.ubersite.com/m/60642

http://games.slashdot.org/article.pl?sid=05/02/21/0415209

Now he is indicted on doing the same thing he accused others of.... Irony or Karma?

Here is the copyright holder now and some interesting license conditions.

http://mamedev.org/license.html

 

[LeeVanCleef]

Hope Dave remembers not to bend over to pick up the Pinball Wizard controller in the shower at the big house.

 

[Joe]

Hope Dave remembers not to bend over to pick up the Pinball Wizard controller in the shower at the big house.

some like that will end up in the guards brake room and people who do crimes like this don't go to that type of lock up.

 

[sleepy]

If it goes that far it'll probably be minimum security prison for executives.

Me thinks the criminal charges will be reduced but a civil lawsuit will follow.
It's about the money.

 

[Joe]

how can you have stolen stuff from the company you own? and you can't work at home for your company?

 

[sleepy]

Well, if his deal with Global VR did not include the right to use their logo, then that's it.
If he had sold the game packs without the logo, then he might be in the clear, but trademarks and their logos are registered property. I'm assuming this is a California case.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=654-663

CIVIL CODE
SECTION 654-663

654. The ownership of a thing is the right of one or more persons
to possess and use it to the exclusion of others. In this Code, the
thing of which there may be ownership is called property.

And there's also the issue of using proprietary software, or whatever it was, after the transfer of ownership to Global VR.
Proprietary software is also considered as property. The goods were sold as a business property to Global VR.

 

[Isaac Sauvage]

a few days ago, the time was 12:34 & 56 seconds on the date of 7/8/9.

 

[sleepy]

The bank fraud and money laundering charges might have something to do with Foley filing for bankruptcy in Sept. 2008 if he was hiding his game pack revenues from his creditors.
I can't find out any more about this as this website with this information wants subscription money.
http://www.trollerbk.com/?showcase=1&c=63418890-E523-54A3-1E3D7E8F4829B74D

 

[sleepy]

The bank fraud and money laundering charges might have something to do with Foley filing for bankruptcy in Sept. 2008 if he was hiding his game pack revenues from his creditors.
I can't find out any more about this as this website with this information wants subscription money.
http://www.trollerbk.com/?showcase=1&c=63418890-E523-54A3-1E3D7E8F4829B74D

 

[sleepy]

Bank Fraud Explained

EDIT: I reserve judgment.

 

[Liteuser.]

Wasn't it David R Foley that released Visual Pinball 9 at VPForums.org early this year? Or was that from Global VR?

Are the Pinball Wizard controller coupons that I heard about at VPforums.org still good? Do they come from Mr. Foley or Global VR?

After reading this thread, It seems the court may have to decide.

 

[Noah Fentz]

Yes, it was, and it wasn't part of the sale, to my knowledge. It couldn't be, as only parts of the code were licensed to Mr. Foley.

VP remains freeware in any and all of its forms.

 

[davidrfoley]

If it goes that far it'll probably be minimum security prison for executives.

Me thinks the criminal charges will be reduced but a civil lawsuit will follow.
It's about the money.

Civil lawsuit has been going on since 2006. I'm not allowed to comment on either case, but I'm sure there will be plenty of people reporting. Since GVR's former CEO is sending out "tips" to the media, and I'm not saying anything it's likely to be one sided reporting until my eventual aquittal and victory.

With regards to VP9 and other projects, they are unaffected by the continuing litigation.

 

[davidrfoley]

Wasn't it David R Foley that released Visual Pinball 9 at VPForums.org early this year? Or was that from Global VR?

Are the Pinball Wizard controller coupons that I heard about at VPforums.org still good? Do they come from Mr. Foley or Global VR?

After reading this thread, It seems the court may have to decide.

Global VR has nothing to do with Pinball any more. They have already lost their license to produce the UltraPin product and haven't ever made anything else. Pinball Wizard and associated coupons are from NanoTech Entertainment, and are unrelated to the Global VR litigations.

 

[sleepy]

It sounds like you are saying that the criminal charges were instigated by the GVR defendants as a tactic in the civil actions. If it wasn't the judge who pursued the charges then that's dirty and in California that kind of crap wouldn't surprise me at all.

 

[Phoenixx]

Hi David. Nice to see you here.

Did you ever get my email regarding the solution for the VP8/9 dilemma?

I didnt hear back from you so now im wondering if my mail got through at all.

If you want to contact me please send me a PM here or just send me an email.

Thanks and Good Luck with your lawsuit!

 

[Liteuser.]

Global VR has nothing to do with Pinball any more. They have already lost their license to produce the UltraPin product and haven't ever made anything else. Pinball Wizard and associated coupons are from NanoTech Entertainment, and are unrelated to the Global VR litigations.

Thanks for the information and VP9.

 

[vrdevices]

Beware, humble readers:

Mr Foley quite interestingly uses the language "GVR never paid for the agreed upon purchase of UltraCade" when in fact he liquidated the company to receive money for Ultracade assets without fulfilling obligations to creditors. A bankruptcy sells assets to fulfill liabilities, Foley just sold off assets and screwed his creditors.

This is called, having your cake and eating it too.

Ultracade was liquidated in California through what's called in legal professional as "Assignment for Benefit of Creditors" a far less regulated form of bankruptcy which requires minimal legal oversight/approval.

Such a filing should, more often than not raise a red flag of potential fraud.
http://findarticles.com/p/articles/mi_pwwi/is_200606/ai_n16452201/

Remove distortion field and apply logic when reading Sherwood's marketing of their service:

-The Assignee is selected by the company and is not court appointed (you get to screw your creditors b/c you pay us to maximize your return, not what creditor receives)
-The process is less formal, with few or no court hearings
-Asset sales can occur quickly, allowing for a higher price under such circumstances;
(we'll get rid of all your debts and liabilities quickly so your creditors DON"T get any money and have no time for legal recourse-- but we will sell you or your new company the assets for nothing & no judge will say it's a bad deal)

-A third party can acquire title to the assets in a purchase transaction; (strange that a third-party, not the actual creditors who Ultracade owed potentially hundreds of thousands or millions of dollars can acquire the assets, isn't it?)

http://www.shrwood.com/Assignments-Liquidations/Assignment-for-the-Benefit-of-Creditors