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Valve Bullying Cybercafes Over Licensing?
The Importance of writes "Yesterday, as mentioned on Slashdot, Valve announced arrests relating to the theft of Half-Life 2 code. Gabe Newell, Valve's CEO, was quoted as saying, 'Everyone here at Valve is once again reminded of how much we owe to the gaming community.' Demonstrating its appreciation of the gaming community, Valve also threatened to sue a cybercafe offering Counter-Strike without the correct licensing. This may sound fair enough, but while companies like Microsoft allow cybercafes the right to offer games as long as they buy each copy of the games they use, Valve has what are generally considered the worst cybercafe licensing terms there are. Moreover, instead of merely sending a cease and desist letter ('knock it off or we will sue'), Valve sent a ' pay us big bucks for a license or we'll sue letter'. In other words, unless the cybercafe prepays for a one-year license starting at the time the letter was received, they will be sued."
I'm not a gamer, but I do write software for a living.
At the end of the day, the guy used their software (which they paid for) in order to run his business and make money. I assume that no-one forced him to do this and that using this software was deemed to be beneficial to his business.
Why did he use this software without a license? Why is he any different from a any software pirate? Why shouldn't the publishers demand payment?
Both the cafe owner and the publisher are in the business of making money. If I were to set up a car sales (say) business in your front garden, thereby using your property, wouldn't you either sue me or demand payment for that use of your property? What is wrong with people who think that they should be able to use software in contravention of licensing terms with impunity?
Now, I've read a number of comments in this thread stating that Valve have awkward licensing terms and that they didn't write Counter Strike. However, the first point is up to them and may be stupid business. They are allowed to be stupid and ignore possible customers. Those possible customers who don't like the terms of their business are not allowed to use it regardless. They have the choice to not use it if they don't like the terms, not to make up their own terms.
The second point, as I understand it, is true, but that CS uses their games engine. In such a case I would believe (unless there are daft licences regarding development that uses their engine) that anyone could use the CS code as they wished, so long as they didn't use the games engine. If their effort is so inconsequential as to be disregarded, then some of the whingers should do what the rest of us Open Source supporters do and get off their backsides and write a comparable engine. (Let me know if I'm wrong on these 'facts', I only have the preceeding comments to go by)
At the end of the day this comes down to people making a living and the rights of license holders to enforce the terms underwhich the fruit of their efforts are to be allowed to be used by others. This is the same whether code is Open Source or Commercial.
Stupidity is no excuse when you willfully did not read the contracts involved when setting things up thinking "oh they wont notice one little person." Besides if he honestly was innocent, then the courts will decide in the lawsuit. But trust me if his excuse was he didnt read the contracts they are going to throw the book at him, cause that doesnt fly in real life.
"Slashdot, where telling the truth is overrated but lying is insightful."
Take a look next time before you open a software package for a computer. It says right there DO NOT OPEN THIS SEAL UNLESS YOU AGREE TO THE ENCLOSED FORUM
That was a contract stating you wont copy the game, and will obey the rules set out by the published of the game you just signed by opening it... If a 23 year old could tell you this, then Im sure a 30 something could know it to.
And before you say it, they have always been there and it is a 100% legal signature. Just because you dont sign it by hand doesnt mean there are other forums
"Slashdot, where telling the truth is overrated but lying is insightful."
And just because the software didnt have the seal, doesnt mean you didnt sign a contract with the publisher by opening it. If you seriously think that you have no obligations put for under those little cardboard cards in the game, then well I really would hate to be your lawyer. Because many people have already been sued and lost because they didnt read those cards and broke the contract.
You should really sit back and read those cards you signed when you opened the software flap.... unless you never really bought the software to begin with ;-)
"Slashdot, where telling the truth is overrated but lying is insightful."
Im sorry but the honest truth is legaly you HAVE to abide by what the aggrement states, otherwise you will be found guilty. Your giving the same argument people who buy cars without reading the agreement give and it doesnt fly for them, so why should it fly for you?
"Slashdot, where telling the truth is overrated but lying is insightful."