Posted Fri Sep 2, 2011 10:36 PM
Why on earth would someone try to make an officially licensed 2600 game in 2011? How would Sega's blessing have made Turbo 2600 better, or would Thrust+ have been improved by a little "Approved by Superior Software's Successors And/Or Assigns" sticker on the box?
You're essentially asking lawyers to give you something for no significant benefit to their company. It's their job to say no to things like that. The answer is never going to be anything other than "no" unless there's some unusual situation where the rights reverted to the programmer and he isn't looking to monetize them, as with Randy Glover and Jumpman. The best you can hope for is that they won't bother wasting any time on you, since there are no real damages to be collected (even the most successful Atari homebrews haven't sold enough to have the royalties pay for one hour of a competent IP lawyer's time).
Even Halo 2600 is likely a "look the other way" situation with no lawyers involved; certainly Microsoft didn't make any announcements about it and Fries left there over seven years ago. If he "ran it by legal", he hasn't mentioned it and neither has Microsoft.
Better to just work on your game, put it out there with source code and if they slap you down, adapt (or let others adapt) the game into something more original. I say that after having been approached, fradulently, by someone who was once a member of this community (his account still exists, I just looked) and claimed to own the home console rights to Pac-Man. It put a bad taste in my mouth about doing Atari stuff for a decade, but at least my code and notes (for my hacks and the Boing and Ballblazer demos) were out there for other people to make use of them, and in at least two cases I know of, people did.
Thanks to the DPC+, there are all these new possibilities for 2600 adaptations that weren't possible 2 or 3 years ago while still having been within the realm of possibility during the 2600's original lifetime. The ones we actually get to play are going to be the ones whose authors release early and often and wait to be told they're wrong rather than seeking denial up front.
Be smart. Try to pick inactive trademarks, and realize that most lawyers are not gamers and don't know the difference between an Atari game that might make you 50 bucks and an iPhone game that'll make you a million.