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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."

28 of 234 comments (clear)

  1. Original software still required by Twylite · · Score: 3, Informative

    An unfortunately oversight on the part of the ScummVM representative, was the failure to mention that to use ScummVM you still require the original (LucasArts) software!

    Had this be pointed out, along with the fact that ScummVM extends the accessibility of the original software beyond its original platform, it may make it less likely that the lawyers will respond with tougher measures.

    --
    i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    1. Re:Original software still required by Twylite · · Score: 3, Interesting

      I was considering pointing out that everyone does not necessarily win. In particular, LucasArts.

      A number of gaming companies (EA in particular) have percesuted AbandonWare sites precisely because they intend to improve and rerelease old classics for newer architectures - in effect doubling the life (and revenue) of the product.

      On the Copyright side this is particularly sad: Copyright was never intended as a tool to allow owners to prevent access; it was intended to allow the owner to benefit (financially) from the work during its useful lifetime. But there are no provisions in Copyright law which force material to be placed in the public domain when it is no longer being used (or even when Copyright expires!).

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    2. Re:Original software still required by Ndr_Amigo · · Score: 5, Informative

      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?)

    3. Re:Original software still required by Ndr_Amigo · · Score: 5, Funny

      Simple excuse. I'm Australian. Mate!
      (And my excuse for other Australians is that I'm Tasmanian.)
      ((And my excuse for Tasmanians is that... oh never mind, it's probably from YOUR side of the family anyway)).

      - James 'Ender' Brown
      Lead Developer, ScummVM
      Disclaimer: Neither ScummVM nor /. is responsible for the bad injokes used within this message.

    4. Re:Original software still required by Speare · · Score: 3, Interesting

      • On the Copyright side this is particularly sad: Copyright was never intended as a tool to allow owners to prevent access; it was intended to allow the owner to benefit (financially) from the work during its useful lifetime.

      You're right that Copyright (as developed in the US Constitution as 'exclusive Right to their respective Writings') is not intended as a stick to beat the ass of society. However, you're referring to Copyright's purpose as if it were the goal. Copyright is not a goal, but a carrot to entice the ass of society to release their writings in the first place.

      Justice O'Connor said in 1991, "The primary objective of copyright is not to reward the labor of authors, but '[t]o promote the Progress of Science and useful Arts.'"

      To advance the arts and sciences, one must actually release what you've written or discovered. Many authors won't release their writings without some assurance in the form of Copyright. Many discoverers won't release their discoveries without some assurance in the form of Patents. Both are intended as temporary assurances to promote the writers and discoverers to advance their arts and sciences.

      --
      [ .sig file not found ]
    5. Re:Original software still required by BabyDave · · Score: 5, Funny
      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
      I'm sorry, but "inspiration" struck.

      Young man, are you listenin' to me,
      I said, young man, you should buy our "CDs",
      But then, young man, you can't make mp3s,
      'cause you've got to know this one thing.

      Pirates steal all of our wealth,
      So even if you keep your files to yourself,
      We've paid millions for the DMCA,
      And we'll make sure you're put away!

      [da da dada dada da da]

      You'd better not break the D-M-C-A.
      Don't you dare piss off the R-I-A-A!
      We'll own everything, soon you'll have to enjoy,
      Or we'll DRM all your toys!

      You'd better stick to the D-M-C-A
      We 0wn the Feds so you can't get away!
      We'll soon kill off Kazaa,
      Then so you don't impeach,
      We'll sell you files at "only" $8 each.

      [etc]

  2. We don't need those Rebel Scumm by Rayonic · · Score: 5, Funny

    (sorry, it had to be said)

    1. Re:We don't need those Rebel Scumm by Rayonic · · Score: 5, Funny

      I know it was dumb and inaccurate. Why do you think it was modded up?

  3. Call off the dogs by E1ven · · Score: 5, Interesting

    Although I'm glad that more people are noticing this, the natural tendency at Slashdot is to fire off an e-mail campaign, which is exactly what is not needed in this case.
    Lucasarts has made a mistake. As was mentioned on the mailing list, they have to deal with hundreds of Abandonware sites weekly.
    From their quotes, Lucas thought that ScummVM was re-distributing the original engine, and saying it was under the GPL.
    I believe this situation will soon be resolved calmly, but a hundred "You SUCK!" e-mail cannot help.

    --
    Colin Davis
  4. Confused? So what? by Rayonic · · Score: 3, Insightful

    Since when, in America or any other part of the world, has ignorance on an issue prevented someone from filing a lawsuit? Heck, I'd say that the odds of Lucasarts pressing ahead with litigation are about 50/50, if they can't bully them into submission.

    I like Lucasarts (though I used to like it more), but you've got to realize that this issue with ScummVM probably won't make it past their lawyer department, who probably have all the technical aptitude of a pack of (three-headed) monkeys.

  5. Re:I don't think that was LucasArts by NoMoreNicksLeft · · Score: 5, Funny

    LeChuck is a pirate. I seriously doubt he would be involved in anti-warez activity of any kind.

    Duh.

  6. Call off the dogs AND the trip to the Movies by FreeUser · · Score: 3, Insightful

    I believe this situation will soon be resolved calmly, but a hundred "You SUCK!" e-mail cannot help.

    You are absolutely right.

    But a mental note to self that "Lucas sucks (even worse than his last two films)" when Slashdot starts promoting the low-rez sorinsen quicktime tailers for Episode III might be appropriate (in the next story, if /. remains true to form) and a personal boycott of his products (past, present, and future) even more so.

    As an aside, one has to wonder what sorts of payola scams exist here, for a site the promotes free software and open source as this one does to constantly be promoting the wares of the one industry that has launched successful attacks against free software and its developers (unlike Microsoft).

    --
    The Future of Human Evolution: Autonomy
  7. Sounds like the work of a legal ASSITANT by mekkab · · Score: 5, Informative

    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?

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  8. LucasArts and Activision by Sargent1 · · Score: 5, Interesting

    Once upon a time, there was a company that had a bunch of games that ran under a virtual machine. Eventually, people who loved those games reverse-engineered the virtual machine and wrote interpreters for the VM that ran on everything and anything, from Palms to BeOS to OS/2. And the company decided that that was okay.

    The company was Activision, which bought up Infocom in the late 1980s. Remember all those Infocom text adventures? People reverse-engineered the virtual machine, known as the z-machine, and wrote plenty of z-machine interpreters, all of which are freely available. Activision apparently decided that this was fine with them, as long as the games themselves weren't being distributed.

    Now LucasArts is in a similar situation. Will they be as calm about a new VM interpreter as Activision was? Sadly, I'm not so sure.

  9. The reply mentions that by Manic+Miner · · Score: 5, Informative

    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.

    --
    If you ever drop your keys into a river of molten lava, let'em go, because, man, they're gone.
  10. Copyright expired = Public Domain by MEK · · Score: 3, Informative
    But there are no provisions in Copyright law which force material to be placed in the public domain when it is no longer being used (or even when Copyright expires!).


    The intent of the Constitutional provision that allows (but does not require) the government to afford copyright protection (for a limited time) to authors was to ultimately increase the amount of material in the public domain. When a copyright expires, the material previously protected belongs to the public.
    --
    Credo quia impossibilis -- Tertullian
    1. Re:Copyright expired = Public Domain by Twylite · · Score: 4, Interesting

      My point was not that it does not become public domain, but that there is no explicit legal requirement for the release of the material to the public.

      That is to say, when (if) Disney's Copyright on Micky Mouse expires, there is no legal requirement that they hand over their Micky Mouse archives (or a copy thereof) to some sort of public institution. If you happen to HAVE a copy - sure, go ahead and copy it. But getting your hands on it may not be such a simple matter.

      Abandonware is a case in point. Many games available on Abandonware sites do not exist somewhere in corporate archives, because the game companies simply went under -- there was no sale of assets, not buy-out by a bigger company. Just a quite whimper. Even though there was a threat (to society) of that information being lost forever ... there was no attempt or requirement to make it public.

      Talking about software specifically, where is there any implication or requirement for (say) the source code to be made public? Simple, there isn't. No more than an author could be expected to make his/her notes public when Copyright expires (okay, this would be posthumous anyway).

      So here you have the basis of the problem: Copyright is a LEGAL measure to prevent you from distributing something; but when Copyright expires you have no LEGAL resource to FORCE distribution. If the (elapsed) owner simply doesn't make a copy available, you can't force him to.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
  11. It's Not the Size of the Ship by Rayonic · · Score: 5, Informative

    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.)

  12. Here's The Lawyer's Response by dbretton · · Score: 5, Interesting

    Paraphrased:

    While this would be true, it could still be argued (successfully) that the emulator would have a negative impact on potential future revenue of LucasArts products, such as a LucasArts Classics package for BSD.

    There are 2 arguments that the scummVM ppl need to make. However, they only made one of these arguments.
    1. ScummVM is an emulator, and was created using legally valid and sound reverse engineering techniques. (this agument they made)
    2. ScummVM was created as an academic exercise in software and reverse engineering techniques. As such, ScummVM is not bound to the DMCA, or any other such laws, as it is considered a form of free speech, and is protected under First Amendment Rights.

    -Dennis

    1. Re:Here's The Lawyer's Response by Twylite · · Score: 3, Informative

      Sorry, I'm talking bullshit, and so is the laywer. DMCA doesn't cover this AT ALL, as the software in question does not have access control mechanisms that are being circumvented. Even if you would like to argue that it does, ...

      DMCA, Section 1201
      (f) Reverse Engineering. -
      (1) Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title.
      (2) Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.

      So even if it can be shown that the DMCA applies, there is a legitimate reason (interoperability) for the creation of this software.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    2. Re:Here's The Lawyer's Response by BadmanX · · Score: 3, Interesting

      Absolutely fascinating premise: Could LucasArts take the SCUMMVM engine (which is GPL) and combine it with the original game data (which is copyrighted) and sell it? "LucasArts Classics, now on Game Boy Advance!"

      They could claim that they are simply selling their copyrighted game data and are providing the engine free simply as a service. Is this something the GPL would allow? Because if so, it would make the GPL a lot more attractive to game developers, who could release the engine for free and sell the actual game content, and stay in business.

      But last I heard, clause 2b of the GPL definitely suggested that if a program has a GPL component, the entire program must be provided to third parties at no cost. Which kind of shoots this idea out of the water.

      Here's clause 2b of the GPL, just for reference:

      b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

      Any way we can get a ruling on this?

    3. Re:Here's The Lawyer's Response by meringuoid · · Score: 3, Insightful
      Yes, it is possible. The sources for all id Software engines up to and including Quake II have been released as GPL, but id still sell Quake and Doom - the levels aren't free, even if the engine is.

      If LucasArts put scummvm.exe and sdl.dll on a CD, and have a source directory somewhere, they can fill the rest of that disk with whatever they like.

      Actually manufacturing GBA carts might involve a royalty payment to Nintendo, but the GPL wouldn't be a problem.

      --
      Real Daleks don't climb stairs - they level the building.
  13. Re:My favorite part.. by Ndr_Amigo · · Score: 3, Informative

    They already have :)
    Roblimo himself sent a nice e-mail to me with suggestions (plus the warning that the site would vanish if I didn't reply to him in 72 hours).
    I've asked SF not to remove it, as what the letter cites is on our site.. obviously isn't. We arn't distributing any software by LucasArts themselves on there.

    - James 'Ender' Brown
    Lead ScummVM Developer
    Slashdot Troll of the Hour :)

  14. LucasArts just missed a great opportunity... by meringuoid · · Score: 5, Interesting

    ... I've bought the DotT / Sam & Max 2 in 1 pack; it doesn't work, because the .exe files are so old and can't cope with modern hardware. LucasArts provide patches, which work, sort of...
    I've also bought the Monkey Island 1, 2 and 3 pack, and the result with 1 and 2 is the same. Doesn't work out of the box, works, sort of, once you get the patch. The patch at least gets the game running, but the sound is decidedly dodgy. I don't even want to think about what happens to WinXP users...

    But now there is ScummVM. All these games run better than they did in the first place, they run on machines and OSes that LucasArts never bothered with, and they run perfectly.

    What LucasArts should do with ScummVM is write the authors a great big thank-you letter and start bundling it with all their old games. There's no reason why they shouldn't. Trying to shut down a project that's doing for free what you should have done a long time ago is just plain silly.

    --
    Real Daleks don't climb stairs - they level the building.
    1. Re:LucasArts just missed a great opportunity... by meringuoid · · Score: 5, Interesting

      The only people who can override the Legal department are... Marketing.

      Someone ought to get in touch with some of these people and show them ScummVM. Show them Monkey Island 2 running under the DOS .exe, as supplied at present, and then show them the same game running under ScummVM, with anti-aliasing and superior MIDI. Then show them the same game running on about three million different platforms. Show them Dreamcast Monkey Island. Show them palmtop Monkey Island.

      Then tell them that this marvellous technology is free, tell them they can use it in any future reissues of these old games, that they don't need to pay anyone for the privilege.

      Tell them that they can market it as 'Monkey Island Classics Deluxe' and double the price.

      Then watch those lawyers disappear.

      --
      Real Daleks don't climb stairs - they level the building.
  15. Activision, Coolness by fm6 · · Score: 3, Interesting
    Actually, Activision doesn't even mind people distributing the games themselves. Well, most of them. They've given permission to some abandonware sites, including this one. The Zork Trilogy is conspicuously absent, however. Activision used to offer free downloads of Zork 1-3 from their own servers, but apparently these titles are now back in print.

    All of which is very cool of them. But not sueing people for writing virtual machines isn't coolness, it's just basic law. Infocom never claimed the exclusive right to implement the Z-machine specification, and probably couldn't have made that claim even if they tried.

    Now, what I'd really like is to play is the original Zork. The one that the founders wrote for ITS while students at MIT. No, not "Dungeon," that's an unauthorized port, with an incomplete game and flawed parser.

  16. I bought these games because of SCUMMVM by raygundan · · Score: 3, Insightful

    I heard about SCUMMVM (and PocketScumm!) a month or so ago, and used it to play my old copy of Monkey Island. I had so much fun with it, that I bought Day of the Tentacle, Indiana Jones and the Fate of Atlantis, and Sam & Max Hit the Road from LucasArts. I'm playing through IJFOA on my PocketPC at the moment. I will be buying The Dig and Full Throttle as soon as they're supported fully by SCUMMVM.

    I hope that LucasArts takes a step back and realizes the three most important things here:

    1. You need the original games to play scummvm.
    2. Scummvm lets people play lucasarts games on platforms that aren't supported by the original SCUMM .exes, which means that people like me will buy games from lucasarts to use with scummvm!
    3. Scummvm was reverse engineered, and does not infringe on the original SCUMM engine.

    You would think LucasArts would *like* more sales, freely implemented support for new platforms and happy customers. I really hope this is a genuine mistake.

  17. Confusion of Copyright and Trademark by crisco · · Score: 3, Informative
    As explained to me by our attorneys when we were confronted with issues of how and where to protect ourselves with trademarks and copyrights, a copyright holder is required to make a reasonable effort to prevent infringement. Failure to do so weakens the copyright and may set a precedent that will be damaging in a different case. Hence, if the company perceives infringement, they essentially must pursue it even if they don't actually mind that it is going on.
    You're confusing the principles (as codified into law) of copyright and trademark, in fact, the example you go on to give is of trademarks and not copyrights.

    Copyrights are automatic and do not need to be protected, Trademarks have to be applied for and do need to be protected.

    --

    Bleh!