> On Tue, 20 Jun 2000, Alex Wulms wrote:
>
> > It does not work like this. At least, not how I interprete it. I think
> > the situation is as follows:
> > 1) ESE *will* develop a V9938 or V9958 clone by reverse-engineering the
> > current MSX VDP and ofcourse they make a few enhancements to make it a
> > better VDP
>
> In fact, ESE has plans to do this not just for the VDP, but for other MSX
> hardware as well. For example: SCC.
>
> > 2) ESE does not want to start talking with Yamaha. They think that
Yamaha
> > will explicitly deny them the permissions to clone the VDP or that
Yamaha
> > will ask a license fee for the VDP. Both are undesirable.
>
> A license fee may be a problem for ESE, but why should it be a problem for
> Frontline/ASCII?
Indeed. And I don't think Panasonic will produce a machine with hardware
that could be the subject of a lawsuit from Yamaha. Imagine, that Yamaha
wins the case by Japanese law! Panasonic then has to withdraw the new MSX
from the shops. I don't see this happen.
Personally, I think that ESE is developing a new MSX, they have permission
from ASCII, they don't know if they may produce a MSX VDP clone and
hopefully Panasonic will produce the new machine.
Developing a new MSX cost a lot of money, but producing and distributing
also costs a lot of money. And then you need service centres to setup and or
train. You need to find retailers who are willing to sell the new MSX
computer and software companies that are willing to produce software for the
computer.
The last TurboR machines where going over the counter for only a fraction of
the initial retail cost. Because nobody wanted to buy such a computer
anymore in Japan.
Now you can buy complete Pentium II pc's starting at prices of $500,
PlaystationII for $400, Dreamcast machines for $300.
Will Panasonic invest a few billions for producing a MSX computer that only
a few people will buy? I hope so, but I don't think so.
Will ASCII encourage people that want to produce new hardware for the MSX or
a complete new MSX? I think so, yes.
The only way to make the new MSX a success is to produce a machine that is
cheap, uses advanced hardware, and is somehow compatible with -say- directX
(dreamcast, PC, MS X-Box) so that games easely could be ported from other
platforms, has a DVD player, so that people will buy the system sooner
because they know that if no software is produced for the system, they still
can use it as a dvd player, has a build in mpeg layer III decompressor chip
(another reason for people to take a change and buy the system)
In other words: make the system compatible, and give it hardware people want
and use today.
Panasonic is making DVD players today, it won't be much of a problem for
them to produce a DVD player with a mpeg layer III decompression and
compression chip, with -let's say a 100Mhz z380 when this chip comes-, a
advanced VDP, a good audio chip, a bios and operating system so that you can
use the system as an advanced MSX(3?) compatible device and interfaces and
connectors to plug in a monitor and keyboard and other hardware devices.
Then you would have a change.
Greetings,
Sander
>
> > 3) ESE believes that if they clone the VDP and simply start producing
it,
> > that they might get sued by Yamaha. However, since Yamaha never denied
> > explicitly to ESE to clone the VDP, ESE believes that they can win the
> > case. They believe that they can win the case because a similar case was
> > spanned by Sony against the creators of the playstation emulator, who
> > reversed-engineered the playstation to build that emulator. Sony lost
> > that case. So, if the judge is consistent, Yamaha will loose the case
> > against ESE as well.
>
> Using what country's law was the Sony vs PSX emulator lawsuit? Japanese or
> American or ...? I don't know much about this, but it could make a
> difference.
>
> > 4) ESE believes also that if Yamaha would have explicitly denied the
> > permission to clone the VDP (black and white, on paper, with a
> > signature), that ESE would loose the case.
>
> Maybe they think so, but is it true?
>
> I don't think these two situations are essentially different:
> 1. ESE made a new VDP without consulting Yamaha.
> 2. ESE made a new VDP after Yamaha refused to give permission.
>
> Either it's legal to make a clone using reverse engineering, or it's not.
> If it's not legal, both case 1 and case 2 are illegal. If it is legal,
case
> 1 is OK ofcourse. And case 2 is OK as well, since ESE never needed to ask
> Yamaha in the first place and Yamaha had nothing to refuse.
>
> Assume it's illegal. In case 2, ESE will have a hard time saying "we
didn't
> think Yamaha would object". That could influence a penalty against ESE,
but
> it doesn't influence whether it's legal or not. In case 1, ESE would still
> have to stop the production of the new VDP if it turns out to be illegal.
>
> There would only be a difference if Yamaha would give ESE non-public
> documents about the V9958 during the negotiations. In that case, ESE would
> no longer be reverse engineering.
>
> Actually I don't think ESE should be negotiating with Yamaha about
> permission to produce a clone, because they don't need it if they stick to
> reverse engineering. ESE could negotiate about getting design documents
> from Yamaha (making it easier to produce a clone). Or Frontline/ASCII
could
> negotiate about Yamaha resuming production of V9958. In both cases, if
> Yamaha refuses, ESE could still legally make a clone using reverse
> engineering.
>
> Bye,
> Maarten
>
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