Lucas Confuses ScummVM With Abandonware

Anonymous Coward writes: "Seems LucasArts finally noticed ScummVm although they seem to be confused about what it is. ScummVM is a 'virtual machine'(yes like Java) that allows you to play scumm games (Monkey Island, for example) in modern OS (Linux, BSD, err Windows XP) and weird machines like PDAs and the Dreamcast, but Lucas have confused them with an abandonware site."

Comments

Re:Original software still required

[Ndr_Amigo]

I believe I did mention both of these points, in the second paragraph... In any case, this first volly seems to be a simple misunderstanding regarding the nature of ScummVM... However I fully expect LucasArts to probably persue legal action now they are aware it's more than simply abandonware. I'm being hopeful that they will just drop it, but the legal teams of the wonderful Lucas group of companies seem to be very trigger-happy when it comes to lawsuits. This first letter wasn't actually a legal threat. They have already asked SourceForge to remove our site, but hopefully it won't come to that. Their original letter was asking for the removal of something that simply doesn't exist - downloadable copies of LucasArts software. At least that wonderful four letter acronym we all have come to love and hate (you know, the one beginning with 'D' that sounds like a Village People song?) hasn't come into it. Yet. (Oh, and to reply to another reply regarding my grammer and spelling.. hey, I wrote the response after waking up at 6am, rolling over and noticing the flashing message in my ssh session :) - James 'Ender' Brown Project Leader, ScummVM (Doesn't this sound all official?)

Sounds like the work of a legal ASSITANT

[mekkab]

INSERT IANAL DISCLAIMER.

This is a boiler plate letter. They had a legal assitant (billing rate: usually under $100. Pay rate: $15? plus overtime.) do the research on the web. Criteria: does this allow someone to play LEC games? If yes, fill in the blanks and send the letter. Charge the client. Go home happy.

Given the response, this may get boiled up to a summer associate (hasn't passed the bar but has somewhat of a clue regarding the law) (bill rate: $125) or (egads!) and associate (a *real* lawyer) (bill rate $150 min.) who will weigh the ScummVM developers claims and decide wether to persue.

If they investigate the research on the "applicable state laws" will be given to a Legal assistant or a summer associate and that will determine the amount of work necessary to determine if ScummVM is an actual infringement.

I'm not saying LEC is poor, but I doubt they will waste their money past here.

Any IP lawyers who would like to clarify?

The reply mentions that

[Manic Miner]

The reply to lucas arts states:

We mean no ill harm to LucasArts, and it is well known that many people (at least 50 to my knowledge, although I am sure there are many more) have brought classic LEC games simply to play them using our software.

which clearly mentions that people purchase the original software to play using ScummVM. And...

ScummVM is a valid clone of the SPU engine, designed to facitiate the playing of LucasArts adventures on modern machines and operating systems.

Which I think also clearly states that ScummVM is a clone of SPU, and not the original engine, or any original game content.

Also their FAQ clearly states in section 2:

1. Do I need original CD or Floppy disks?
Most definitely. ScummVM won't work without them. If you would like to buy these games, we suggest you browse Ebay. Do not ask the ScummVM team where you can download the full versions of Lucas Arts games. These requests will be ignored.

What else should they have done? A little "research" into the site would quickly have shown that this is not an abandonware site.

It's Not the Size of the Ship

[Rayonic]

Sorry, Offtopic, but anyone else remember when Lucasarts games were this funny? Heck, I don't think you can even put that third line of text in a game nowadays.

(IIRC, what Elaine had asked Guybrush in that screenshot was something like "What have we learned from all of this?" at the end of the game.)