> Currently, MAMEDEV can issue > takedowns directly based on the no-commercial-use clause. Without it, I would think > the only recourse would be to notify the ROM copyright holders.
the no-commercial-use has never took down any ROM seller. the only actions which have been successful were about ebay auctions using the MAME trademark, which just means the sellers kept selling generic "emulators" and "roms" without mentioning the trademark
enforcing the no-commercial-use requires lawyers, time and money, none of which are available for an hobbyist project. so in practice, current license does nothing about stopping people making money with our code (they just don't care about licenses, no matter which one you use) and makes life harder to people who want to make legit use of the program (e.g. a museum willing to use the emulator as part of a larger exposition). can you see the reasons behind the discussion?