Pac-Man Wiki

This page details Pac-Man systems produced by AtGames. While considered "licensed" by some sources, the company has had numerous legal disputes surrounding their Pac-Man products.

Overview

AtGames Holdings Ltd., commonly shortened to just AtGames, is a video game company founded in 2001, who mainly releases "plug & play" and self-contained handheld systems. AtGames is infamous for releasing numerous poor quality - albeit "licensed" - products, and for engaging in deceptive business practices (such as false advertising).

AtGames had a licensing contract with Bandai Namco Entertainment (henceforth "Namco") beginning in 2017; with AtGames releasing several Pac-Man products. In 2019, however, AtGames acquired the royalty interest to Ms. Pac-Man, without the approval of Namco. This greatly worsened an existing series of legal issues regarding Ms. Pac-Man, leading to a lawsuit between Namco and AtGames (case number 3:19-cv-05898). This lawsuit - in addition to other sources - indicates that many of AtGames' products were not truly approved of by Namco; or were otherwise great stretches of their licenses' abilities.

Effectively speaking, AtGames has "blurred the lines" between if their products constitute being "licensed" or bootlegs; and in some cases, borderline scams. Numerous AtGames products, even those unrelated to Pac-Man, have at least some form of shady practice behind them. For example, AtGames' contract with Sega used confusing wording to allow AtGames to "sublicense" Sega IPs; which Sega did not approve of, though could also not control after signing the contract.[1] Particularly following AtGames' events surrounding Pac-Man, many license holders and retailers have stopped doing business with AtGames.

This page details AtGames' actual products, rather than the Ms. Pac-Man royalty acquisition. For information on that subject, see History of Ms. Pac-Man legal issues.

Pac-Man 4K licensing dispute

One of the first AtGames system to feature "licensed" Namco games was the 2017 version of the Atari Flashback Portable. This console featured 70 games, including Pac-Man, Dig Dug, Galaxian, and Xevious. While the latter three games use their official Atari 2600 versions (with Xevious being a largely-unfinished "prototype" version from the early 80s), Pac-Man instead uses the Pac-Man 4K homebrew game.

Upon the Flashback Portable system's announcement, it was quickly noted that its box art featured the 2015 "Dintar816" homebrew port of Pac-Man 4K; with fans offering congratulations to Dintar for his game being "officially published".[2] However, it quickly became clear that AtGames did not contact Dintar at all over the usage of Pac-Man 4K.[2] AtGames claimed this was a "mistake" and "miscommunication"; eventually, an agreement was reached between Dintar and AtGames, allowing the game to be "licensed".[2]

Despite all of this - ironically - the Flashback Portable system released not with Dintar's 2015 Pac-Man 4K game (as was shown and identified on its box), but an entirely separate Pac-Man 4K game from 2008.[3] The 2008 version of the game was developed by Dennis Debro, not Dintar816; making it unclear if Debro was contacted for its usage. Reportedly, early print runs of the console use the Dennis Debro version, while later releases use the Dintar816 version.[3]

It is worth mentioning that Namco was not involved with this dispute whatsoever. AtGames received "approval" of Pac-Man 4K's usage from Namco,[2] who were likely unaware that it was a preexisting homebrew work. Despite this, Namco themselves would offer licensing for the Pac-Man 4K artwork around this same time period; suggesting that they either began using the artwork in error, or potentially acquired its rights following this dispute.

Bandai Namco Flashback Blast!

In September of 2018, AtGames announced an upcoming line of "Blast!" plug & play systems; among these was the Bandai Namco Flashback Blast! model, featuring Pac-Man (among other games). In all promotional material related to the Namco "Blast!" console - including press pictures, tutorial videos, and the back of the system's box - screenshots of the original arcade versions of each game were used.

Before release, AtGames sent copies of the Namco "Blast!" console to various members of the gaming press; most notably, one device was sent to game reviewer John Hancock. In Hancock's YouTube-published review, the console was clearly playing the proper arcade versions of the games; with vertical screen resolution, and the inserting of "credits".[4] Hancock even comments on the arcade-accurate aspects, which led him to giving the product a positive review.

However, upon the launch of the "Blast!" consoles - which was only a few weeks after the John Hancock review - the Namco model's contents did not match what was advertised. Instead of using the arcade versions, each game was clearly adapted from their Famicom/NES ports; which contain various differences from their arcade counterparts. This led to large backlash from consumers, many of whom specifically bought the console due to it seemingly having arcade versions. After learning about the controversy, many press outlets (including Hancock) proceeded to retract their positive reviews; replacing them with negative ones, and warning consumers to not buy the product.[5] AtGames even began retaliating against criticism from consumers on websites such as Twitter.[6]

The Flashback Blast! console was a factor in the lawsuit between Bandai Namco and AtGames. In the lawsuit, Namco alleged that, like the press, they were shown a version of the "Blast" console with the proper arcade versions. From viewing this version, Namco licensed and approved the console for release; but did not approve the "NES" version that ended up on store shelves. Namco also adds that they did not supply the Famicom/NES software to AtGames; meaning it was likely sourced from a pirated, third-party supplier (which is further indicated by a "TENGEN" copyright remaining intact in Pac-Man).

However, AtGames claimed that Namco did, in fact, approve the use of NES versions - and had requested for them to be marketed as arcade versions. In an e-mail exchange with AtGames, Namco stated that using the NES ports is a "gray area"; and as such, they should be referred to as "arcade versions" instead. Additionally, Namco states that "using an emulator is okay" in this exchange, implying that they expected pirated software to be utilized.[7]

Judging from the e-mail, what happened with the "Blast!" was likely a result of misinterpretation on AtGames' part. What Namco was trying to state in the e-mail was merely to not use the name "NES", and to call it the arcade version. AtGames took this to a ridiculous extreme, leading to the false advertising and modified review units. This e-mail exchange also does not explicitly prove that Namco approved the NES "Blast!" console; while the parties may have been in talks about using NES ports, there was still no indication that Namco saw the final product they were used on.

Following the lawsuit's settlement, the Flashback Blast! system was re-"licensed" by Namco and continued distribution.

Bandai Namco Arcade Blast!

Amidst the lawsuit (around November 2019), AtGames released a Bandai Namco Arcade Blast! console; which was effectively the "arcade version" of the Flashback Blast! seen in the original press coverage (e.g. the first John Hancock video). While this variant of the console was presumably approved by Namco (to some extent), it is rather odd that AtGames chose to release it while simultaneously being sued by them. As with the Flashback Blast, the Arcade Blast! was re-released following the lawsuit's settlement.

An alternate SKU of the Arcade Blast! - inexplicably lacking a controller - was also sold at Sam's Club; which Namco specifically claimed they did not approve. At this same time, AtGames claimed that they "ceased marketing and selling PAC-MAN products" - which was obviously not true. Further alternate SKUs were produced following the lawsuit, including a variant modified to work on AtGames-produced "video pinball" machines.[8]

Unreleased Ms. Pac-Man systems

AtGames planned to release two Ms. Pac-Man consoles: a miniature "Legends Compact" arcade machine and another "Blast!" plug & play. Prior to 2019, AtGames had reportedly often made proposals to Namco regarding Ms. Pac-Man products; which, due to the game's legal issues, were always declined. Around early 2019, however, Namco stated that they were "okay with" a loose proposal for the Ms. Pac-Man Blast! system; while outright declining the Legends Compact proposal.

By the Summer of 2019, AtGames had begun its attempt of acquiring the Ms. Pac-Man royalty contract from GCC; as aforementioned, Namco did not approve of this acquisition. In August, AtGames sent a sample of the "Legends Compact" machine to Kevin Curran, one of the GCC developers and interest holders. From there, AtGames purchased the royalty rights to Ms. Pac-Man; despite Namco's attempts to prevent it from happening.

Following this, AtGames began advertising Ms. Pac-Man products - including the multiple-times-rejected Legends Compact machine - to retailers like Walmart and GameStop. However, even with the GCC contract, AtGames held no control over the Ms. Pac-Man IP; as Namco still owned all copyrights and trademarks related to the game. In Namco's testimony, they theorize that AtGames was trying to rush these unauthorized Ms. Pac-Man products out to retailers, asserting they held the right to do so. Had AtGames been successful in this, these consoles would undoubtedly qualify as bootlegs.

AtGames' planned Ms. Pac-Man products may also indicate that AtGames anticipated the royalty contract had more control than it truly did. At the same time, it is possible that AtGames very well knew what they purchased, but made it deceiving to retailers what those rights truly were. AtGames has denied both of these claims; though logically, they are the most likely conclusions as to their true intention.

Other notes

  • Several YouTube channels, which claim to be "reviewers" for AtGames systems, are reportedly sponsored by AtGames; making them, by definition, shills for the AtGames products.
    • Many AtGames systems feature the ability to add ROMs to the console. Curiously, AtGames-sponsored "reviews" often illustrate how to literally pirate Pac-Man and Namco games onto their consoles; as to if there is an ulterior motive behind this is unclear.[9]
  • The Bandai Namco Flashback Blast! uses a computer chip known as the "Monkey King 3B". This chip, produced by Digital Media Cartridge, is known to be used on several bootleg game systems; it can be identified by its strange "smoothed out" graphics and low-pitch sound.
  • AtGames owned a patent on the "Blast!" hardware design. This patent resulted in Arcade1Up having to redesign several planned systems, including their Pac-Man Collection plug & play. Despite this, bootleg consoles based on the "Blast" form factor - often using the Monkey King 3B chip - are somewhat common.
  • In late 2022, a console known as the "Legends Flashback 2022" was released, featuring Pac-Panic (Pac-Attack). Excluding minor SKU variants, this was the first new AtGames device to "officially" include Pac-Man since the 2019 Arcade Blast!; however, it appears that it is adapted from an older (albeit very uncommon) system from an unknown date. Oddly, this console was only released in Australia and select European territories.
  • A Russian plug & play known as the Micro Drive features a pirated version of Pac-Mania (among other games). This console was manufactured by "Cyber Toy"; a company that was reportedly "responsible for the distribution of AtGames products in Russia".[10] As to if AtGames was involved in the Micro Drive's production is unknown.
  • The only Pac-Man-affiliated AtGames console that has no known questionable legal practices is the 2017 version of the Sega Genesis Ultimate Portable Game Player, which features Pac-Panic. Somewhat of note, however, is that the Pac-Panic game retains Ms. Pac-Man's cameo on the high score screen; though this was evidently not considered an issue by Namco until after AtGames' royalty acquisition.

References

  1. "AtGames Holdings Ltd. v. Radica Games Ltd., a Bermuda Company" (https://casetext.com/case/atgames-holdings-ltd-v-radica-games-ltd)
  2. 2.0 2.1 2.2 2.3 Series of AtariAge forum posts: 1, 2, 3, 4
  3. 3.0 3.1 Series of AtariAge forum posts: 5, 6
  4. "Bandai Namco Flashback Blast Review & Update 2020" (YouTube, John Hancock)
  5. "How Not to Launch A Video Game Product" (YouTube, John Hancock)
  6. https://kotaku.com/flashback-maker-trades-twitter-snipes-with-fans-over-do-1829921552
  7. Bandai Namco Entertainment vs. AtGames Holdings Ltd, Hsiung Declaration Exhibit 3 (Note: the name "NES" is redacted in the document, but is contextually evident to be what it was referring to.)
  8. https://youtu.be/f72Gl7o9xFs
  9. Example usage: AtGames-sponsored "Wagner's TechTalk" channel demonstrating how to pirate Dig Dug and Ms. Pac-Man on AtGames hardware. https://youtu.be/oquRDlaF1P4 (segment begins at 9:38); AtGames making a Twitter post about said video: https://twitter.com/AtGamesGaming/status/1582428624657223681
  10. https://segaretro.org/Cyber_Toy