id and Valve May Be Violating GPL
frooge writes "With the recent release of iD's catalog on Steam, it appears DOSBox is being used to run the old DOS games for greater compatibility. According to a post on the Halflife2.net forums, however, this distribution does not contain a copy of the GPL license that DOSBox is distributed under, which violates the license. According to the DOSBox developers, they were not notified that it was being used for this release."
I can get a copy of the source for Half-Life 2?
What, me worry?
Valve/iD already updated the games with the required files. Old, incorrect news.
Against stupidity the Gods themselves contend in vain.
Yes. It's not like iD has released anything GLP before.
Oh, wait...
Comment forecast: Bits of genius surrounded by a sea of mediocrity.
The only time you'd need to contact the developers is if you want to get an alternative license. Quite often people will release code under GPL and also be prepared to release it under alternative licenses, perhaps for a fee.
Engineering is the art of compromise.
The third option, which isn't usually available when you screw up with non-free software, is to apologise really fast and comply with the GPL*. Although there are no guarantees free software developers are usually nice folks who can overlook a mistake.
It is one reason why all the 'viral' fud about the GPL is so annoying (not that it applies to this case, as there is no derivative product, but it usually rears it's ugly head in these threads). All the GPL does is give you an Option Three which isn't usually available - you would be in court for damages instead of sitting across a table from a bunch of altrustic techies seeking a negotiated solution.
*Historically stopping distribution and rewriting the offending module usually is an option too, depending on how antagonistic you were before admitting your mistake.
Think of the Children; Sleep with your Sister
It hasn't even been a working week even before the people who gave us great things like the GPL'd quake 1/2/3 source got jumped on for slighting you trolls.
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> Now I may be wrong on which license DB uses
It uses GLP v. 2.
> it would mean that both DOSBox and the game shipping along with it would be required to release source code.
No. They have not embedded DOSBox into their own code, so the GPL "virus" do not touch their code and do not apply to the games. They are however required to distribute (or offer to distribute) the source code for DOSBox.
--
MiniMax
Since they distribute DOSBox in binary form they are obligated under the GPL to make the source to DOSBox available. They are not obligated to provide source for the games since DOSBox is an emulator, which is to say, a kind of interpreter, not a library with which the games are linked. The distribution of both the games and DOSBox on the same medium does not bring the games under the GPL. This is made explicit in the "aggregation" clause of the GPL. See also the GPL FAQ.
Small oversight by (on id's part) a hugely prolific developer of GPL'd software. Easily corrected and pushed out to clients straight away.
Attacking John Carmack for this precipitately is basically irrational. It also stinks of divisive trolling.
The man's licensed (a great deal of) his own software under the GPL, for goodness' sake.
They could have complied with the GPL easily, by bundling the DOSBox sources (or a notice saying that they would be supplied on request for a reasonable fee). Or, they could have developed their own DOS emulator.
This is not a GPL violation, it's a copyright law violation. They distributed a product that they did not have the right to distribute. I wonder how well they would take it if the DOSBox team decided to distribute Half Life 2 to a few thousand people - probably not very well. The fact that there was a non-discriminatory license available for free is irrelevant. A proprietary software company decided not to respect the copyrights of a piece of software, and distributed it without a license. Considering Valve's fondness for DRM, I wonder if they subscribe to the 'if it's not bolted down' philosophy...
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Steam now has a reason to be ported to Linux. A lot of the new id games added to Steam play natively on Linux, there are others that use DOSbox, which conveniently works on Linux as well. If Valve ports Steam to Linux... it'd open the door for Linux users to easily buy and play these games, and I'm sure enough people would such that it makes business sense for them to do it.
The old games are largely written in x86 assembly language. They do not use libraries for interacting with the machine, they issue DOS system calls and [video] BIOS calls directly. Porting them to other platforms would effectively mean re-writing them. You could add an abstraction layer, replacing the low-level calls with library calls, and then write a library that would translate these into something higher-level. Or you could use a generic version of this; a DOS emulator. Doom and Quake were written in a mixture of C and assembly, and the assembly often had fall-back routines. Quake had an abstraction layer long before the open source release, with VESA, DirectDraw, X11 and OpenGL versions.
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Only modifications they might have made to DOSbox will have to be made public.
Please let's get away from this thinking that you can automatically patch up a GPL violation by releasing your modified source code later.
When you violate the GPL, you immediately lose your license to the GPL'ed code and you are liable for your past and future license violations. You cannot make up for that past violation by coming into compliance, and you cannot restore your license to use the code under the GPL license by coming into compliance.
What that liability entails is something that you can negotiate with the authors about, and if you don't reach an agreement, it's for the courts to decide. Theoretically, if the GPL violation is egregious enough, a court might well hand control over other corporate assets, including unrelated software, to the author of the GPL'ed software.
Many GPL authors will be nice and permit you to remedy past GPL violations by coming into compliance, and they may also grant you permission to use the software under the GPL. But all of that is at their sole discretion.
Your mistaken too.
1. executables/binaries/object code distributed must have an offer to have a verbatim copy of the source code used to build that object code. this offer must be made available for at least 3 years.
2. the source you make available must include a copy of the GPL
Common misconceptions:
1. people assume GPL forces you to put anything you link to it into GPL as well. This is not the case, it just means you cannot distribute your changes. If you do, then you can be taken to court, but you can never be forced to license your changes as GPL. just forced to cease distributing
2. gpl covered application must include source. not exactly correct, the source just needs to be offered to be available to those you have distributed the binaries too. and at no charge.
The solution - make DOSbox source available on the company website with modification (if any). If it's as I assume and they just deleted a bunch of files and dropped in a custom configuration then there is nothing special that needs to be done. as long as individual binaries are built from that source that is all you have to do. GPL does not cover configuration files because they are already in a "source" form.
“Common sense is not so common.” — Voltaire
What? The GPL states you need to provide the source to code you're distributing, otherwise they have no right. They haven't done that.
See: "For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights."
and "3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange"
Please go read and understand the licence and the FAQ before correcting people on what it says.
You're completely and utterly wrong on games running on DOSBox requiring release under the GPL. That would be like saying that just because a program runs on Linux or runs inside of an open source virtual machine, its source code needs to be released. DOSBox doesn't require you to link to it when programming. This would be mere aggregation, and the GPL, even if it said that the release was required, couldn't be enforced that way due to the limitations of copyright law.
I can take any old DOS application and run it in DOSBox without looking at a line of code. That's the....ummm....whole entire point of DOSBox.
http://watching-eyes.blogspot.com/
DosBox is not configured well, it runs 320x200 games in a kind of widescreen. I've been able to use DosBox to run DOS 320x200 games (some of them in the package) with the correct aspect ratio. Anyway. The real problem is that the DOS games come without their setup.exe files and are configured not to use wave blaster/general midi. Whatever, just grab gzdoom or something and everything's well again :). Anyway, The package's great, it has Hexen II and Quake 1,2,3 including the mission packs (Win32 versions all of them). Also, the Master Levels. Good stuff.
Yes, let's be legalistic jerks about the whole thing instead of forgive and forgetting. It works for the RIAA.
Not a typewriter
The worst judgement that can be brought against a GPL violator is an injunction preventing further distribution. The GPL does not have any provisions to deny the license to those who have violated it, and so any violators can simply rectify their procedures and continue.
Thus, the GPL *does* allow you to fix problems retroactively.
Okay, Valve distributes a copy of the software in violation of the license. It thus runs into: "Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License." So Valve's rights under the license are terminated.
So, how does Valve get out of this? Look at: "Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions."
So, Valve downloads a new copy of DOSBox. Upon completion of the download, under the "each time" clause, it automatically receives a new license, from the original licensor, to distribute the software under the GPL.
Now, yes, Valve can still be sued for copyright infringement on the copies it distributed in violation. And you might find a judge who won't rule "harmless oversight quickly repaired; no injury, so no damages." But further distribution is perfectly fine, since they're doing it under a new license issued by the original licensor, even though it has the same terms as the old one they breached.
They're not required to do subsection a), which you quoted, just one of the three. But since they may just be including as opposed to selling Dosbox, subsection c) may well be acceptable. A lot of GPL'd software comes without the source -- many Linux distros don't include the source, either, but you can still get it. I'm pretty sure my copy of Ubuntu didn't come with source code, and I don't recall seeing an offer to get the source code during the install (but then who pays attention to license terms during an OS install?).
It does if you want to be listened to. Talking bollocks because everyone else is talking bollocks only ensures that they'll treat you like they do everyone else.
Talking sense when everyone else around you has none is more likely to get you somewhere.
"It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
Um no.
If you modified the GPL'd code this might apply, but seeing as they're using a standard distribution of DOSbox, it doesn't apply. If they either rewrote DOSbox or integrated the code from DOSbox into the original source code for these games, then yes. But as long as they are using a normal distribution you can download from the developers of DOSbox, nothing special is needed.
And this sort of thing is the reason companies are afraid of GPL. Back in reality, silly things like this are ignored because someone notices the mistake, fixes the problem, the authors of the original software are fine with it because it was a silly mistake that MADE NO DIFFERENCE TO ANYONE OTHER THAN PEOPLE PRETENDING TO BE LAWYERS. On the other hand, now big companies that could help make GPL'd software more common to the everyday user are now more afraid of using it. Why should they, its cheaper to pay for commercial software than to deal with all the bad press that can come from an honest mistake made by a bunch of raving GPL fanboys. Yes, I'm more than slightly annoyed with this kind of license bullshit.
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It would be too time-consuming to evaluate the third-party Doom / Hexen ports to determine which would work best for the overwhelming number of system configurations on which Steam will run, and most users would want as authentic an experience as possible. Evaluating newer ports for security problems, flaws in feature implementation, or bugs that only appear on some hardware configuration would also be time-consuming and expensive for a QA department. It would be simplest to make DOSbox cooperate with Steam and run the latest official DOS executable, and that's clearly the decision that id and Valve chose. I'd have done the same in their position. As for the old Win32 port, Carmack himself once said that was Microsoft's baby (or possibly Monolith's...), and that he had no idea where the source code to it went.
Just downloaded the pack. It's using a modified, binary-only dosbox. They have added the license and thanks.txt back, however, it still is infringing.
I copied dosbox.exe to a seperate directory, and it complained about missing SDL dlls. Using stock SDL dlls, it says "Failed to find steam". As such, they are distributing a modified binary-only version of a GPL application. Given the distribution has already happened, they are legally obligated to distribute the source code to the steam "stub" present in their dosbox application. Failing that, they are guilty of some serious copyright infringment, and statutory damages can be huge.
I suspect it wouldn't look good in court having a very large, well-known software company stealing code from little guys, and using it as the foundation for a significant commercial project. This also makes it look willfull, as opposed to accidental infringement. Furthermore, given iD's technology licensing platform, which includes significant GPL distribution, they would have a hard time claiming ignorance.
All Valve needs to do is fix the problem. In most cases, if a company distributes software without the owners permission, there would be a lawsuit, followed by money changing hands. In this case, all we have so far is a few forum posts.
All Valve needs to do do to fix the problem (like so many other companies have done before) is to obey the GPL requirements, nothing else. I don't see how this can be worse than the threat of lawsuits and other stuff that normally happens. So please chill!
Freedom is not worth having if it does not include the freedom to make mistakes. - Mahatma Gandhi
I have a GNU gpl license that came with commander keen. COPYING.txt
I had wondered about this. This warrants further investigation.
:).
Steam applications all include some copy protection code that involves communicating with the main Steam.exe program: this is most visible in games that weren't designed for Steam, such as Defcon or one of the Popcap games. Like them, Dosbox must have been modified to include this copy protection code.
This is right at the heart of this licence discussion and I am very glad someone has spotted it. Will Valve licence Dosbox under a non-free licence? Or will they release some of the source for Steam? Or will they ignore the issue and be sued by http://gpl-violations.org/ ? How wonderfully ironic that copy protection code should actually cause a copyright problem
>north
You're an immobile computer, remember?