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PlayStation 2 Game ICO Violates the GPL

An anonymous reader writes "Apparently the video game ICO for the Playstation 2 is using GPL-licensed code from libarc. Sony could end up having to release the source code for the entire game!"

369 comments

  1. Get real... by Anonymous Coward · · Score: 5, Insightful

    Sony could end up having to release the source code for the entire game!
    Not going to happen.
    1. Re:Get real... by OrangeTide · · Score: 5, Informative

      Sony has to cease distribution of the game. Which they already have done. Because of the way licenses work GPL gives you the choice of cease distribution or release the source. Obviously the easiest route for a now defunct game that you no longer publish is to cease distribution.

      You can go after ever used game shop and stop them from redistributing the binaries without source too, if you'd like.

      --
      “Common sense is not so common.” — Voltaire
    2. Re:Get real... by Carewolf · · Score: 2, Informative

      Exactly. Tag the story "notheydont" or "FUD". This is classic anti-GPL FUD.

      The result of breaking any license is that you have to stop breaking the license and pay compensation. You have the choice between removing the offending code, or start obeying the license. In this case Sony has no reason to not just remove it.

    3. Re:Get real... by RupW · · Score: 5, Insightful

      Sony has to cease distribution of the game. Which they already have done. Because of the way licenses work GPL gives you the choice of cease distribution or release the source. Given this isn't FSF code, there's a third way: contact the original author and negotiate a commercial licence to distribute the code. If this was going to be a problem I expect that's the cheapest solution.
    4. Re:Get real... by PhilHibbs · · Score: 4, Insightful

      Or you could not accept the GPL, and let the lawyers loose on the poor unsuspecting copyright holder that dares to take you to court. Sony are in the wrong, but it's unthinkable that a judge would order them to release the source to their entire game.

    5. Re:Get real... by gEvil+(beta) · · Score: 5, Insightful

      Given this isn't FSF code, there's a third way: contact the original author and negotiate a commercial licence to distribute the code.

      Any chance that Sony may have done that in the first place and that this guy is making an issue where there isn't one?

      --
      This guy's the limit!
    6. Re:Get real... by Hal_Porter · · Score: 3, Funny

      I hope not, I was looking forward to a good witchburning.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    7. Re:Get real... by sarixe · · Score: 0

      http://www.amazon.com/Ico/dp/B00004YUWA -- They seem to be still selling it as of the time of this posting.

      --
      Maybe if I put a witty nerd joke in my sig, someone'll appreciate my comment a little more, but i'm too lazy to get one
    8. Re:Get real... by Pi+Is+A+Rational · · Score: 1

      The names are completely inconsistent, good try though.

    9. Re:Get real... by gnasher719 · · Score: 5, Insightful

      Or you could not accept the GPL, and let the lawyers loose on the poor unsuspecting copyright holder that dares to take you to court. Sony are in the wrong, but it's unthinkable that a judge would order them to release the source to their entire game. It is indeed unthinkable, because the GPL is not a contract. A judge would likely say that copyright infringement has happened. And that damages have to be paid. Now the plaintiff may offer that Sony could publish the source code under the GPL instead of paying damages. In that case it is completely up to Sony to accept the offer or not, but nobody can force them.

      The only reason why people have published source code in the past was because it was the cheaper solution. If I had one million lines of Linux code and 1000 lines of my own, I would likely publish the source code. If I had 1000 lines of GPL'd code and one million lines of my own, I might be more willing to pay damages.
    10. Re:Get real... by Anonymous Coward · · Score: 0

      Those would be third party sellers. The owner of the code can go after them, but buying from some 3rd party seller on Amazon isn't the same as Sony distributing the game.

    11. Re:Get real... by notthe9 · · Score: 2, Informative

      For something like this, it's probably almost entirely Sony code. However, since the game is six years old and I assume no longer a bit cash cow for them, there's a chance GPLing might be considered the best option on their end. However just GPLing the code now doesn't erase the copyright infringement, so it won't necessarily help at all. (The libarc people would have to agree that GPLing now will satisfy them.)

      libarc? That's an interesting library for them to be using. I guess for compressed storage on their game disk?

    12. Re:Get real... by Mr.+Underbridge · · Score: 4, Insightful

      Assuming the original author wrote the entire thing from scratch, true. But if he used any GNU material (or other GPL licensed libraries) himself, then you're right back where you started.

    13. Re:Get real... by cheater512 · · Score: 1

      If they go for the damages option, dont they need to cease distribution or go for a commercial licence?
      Damages wouldnt entitle them to keep distributing.

    14. Re:Get real... by orclevegam · · Score: 4, Informative

      libarc? That's an interesting library for them to be using. I guess for compressed storage on their game disk? According to the TFA that's exactly what it was used for. As a proof of concept (beyond the evidence in the disassembled code) the author of the article wrote a decompression utility using libarc that can decompress the contents of the game disc.
      --
      Curiosity was framed, Ignorance killed the cat.
    15. Re:Get real... by Anonymous Coward · · Score: 0

      Sony could end up having to release the source code for the entire game! Not going to happen. Sony Exec: DO NOT WANT
    16. Re:Get real... by Professor+Mindblow · · Score: 1

      If you take the time to read the post as carefully and closely as it deserves, you will see that each paragraph is a new person talking, like a chat transcript. Obviously this is a subtle, clever metaphor for Sony's embarrassment. Bravo, AC. More!

    17. Re:Get real... by Pi+Is+A+Rational · · Score: 1

      Ah, I get it now! Good call.

    18. Re:Get real... by Anonymous Coward · · Score: 5, Funny

      I hope not, I was looking forward to a good witchburning. You don't need a real issue to have a good witchburning. That's the great thing about it. All you need is a wild allegation and pack of frothing fanboys with pitchforks and you're good to go.
    19. Re:Get real... by Dr.+Evil · · Score: 4, Insightful

      Any chance that Sony may have done that in the first place and that this guy is making an issue where there isn't one?

      HAHAHAHAHA

      Intellectual property laws don't apply to big corporations!, they only apply to the little guy.

      I think it's more likely that a developer is an idiot and Sony's going to take a "wait until we get a letter from a lawyer" attitude.

    20. Re:Get real... by blueskies · · Score: 1

      If I had 1000 lines of GPL'd code and one million lines of my own, I might be more willing to pay damages.
      I think it would depend on how many people downloaded your program. At $100k per copyright violation, it doesn't matter how many lines of code you used, other than the fact that you have to compare the value of your one million lines of code to the cost of your copyright violations. If your program was really popular, you would owe quite a lot in fines.
    21. Re:Get real... by palegray.net · · Score: 1

      We in the community have no way of determining the truth in this matter without contacting the author ourselves. I found this link that further discusses the story: GPL Violation in ICO; embedded in the page is a link to the author's supposed place of employment: ONICOS, as well as a link to his profile page: Access (translated). Anyone care to give the number listed a ring or pop a fax out?

    22. Re:Get real... by Anonymous Coward · · Score: 0

      Note: That's $100,000/copy in statutory damages.

      If the author of libarc also registered his/her copyright with the copyright office, and clearly labeled the work as copyrighted material; then the cap comes off the top, and the amount of punitive damages is almost unlimited. If the judge is Stallman's best friend, it could be $10,000,000+/copy just to "teach Sony a lesson" for messing with copyrighted works protected by the GPL.

      OUCH!

    23. Re:Get real... by ajs318 · · Score: 1

      That depends. If "Intellectual Property" can be forfeited just like real property, then yes, it's possible. However, I do not know of any real-life test cases which would indicate one way or the other.

      --
      Je fume. Tu fumes. Nous fûmes!
    24. Re:Get real... by billcopc · · Score: 1

      This was my immediate reaction after reading the blurb.

      I'm a complete ignoramus with GPL/FSF licenses... but wouldn't the source-code requirement only extend to the modified Zlib/Inflate code ? I was under the impression that most libraries allow linking from closed-source apps, da ?

      --
      -Billco, Fnarg.com
    25. Re:Get real... by 0p7imu5_P2im3 · · Score: 1

      Could it be a general PS2 library that was included in the game?

      What if all PS2 games that were developed with the official dev kit have this code in them?

      --
      Resistance is futile. Your technological distinctiveness will be added to our own. You will become one with the morgue
    26. Re:Get real... by RupW · · Score: 1

      Assuming the original author wrote the entire thing from scratch, true. But if he used any GNU material (or other GPL licensed libraries) himself, then you're right back where you started. Sure, except the quoted source sample in TFA has only one copyright, Masanao Izumo, and there's a note that it's based on public-domain code. So that's not the case here.

    27. Re:Get real... by Senjutsu · · Score: 1

      They've already ceased distribution

    28. Re:Get real... by coolGuyZak · · Score: 1

      If the GPL is not a contract, then what is it?

    29. Re:Get real... by Sparr0 · · Score: 1

      The problem with your conclusion is that as long as someone owns a copy of the pre-code-removal game, Sony is continuing to break the license by not offering source code to that person. So they cannot "stop breaking the license" without giving that person the source code when he asks for it.

    30. Re:Get real... by bladesjester · · Score: 3, Insightful

      If the GPL is not a contract, then what is it?

      A License, which is what the L stands for.

      One of the characteristics of a contract is that it's negotiable.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    31. Re:Get real... by orclevegam · · Score: 2, Interesting

      Well, at this point I'm purely speculating, but from some of the things said in article this guy has done some analysis of a number of games (including the sequal to ICO, Shadow of the Colossus), and found no other uses of this code. I'm thinking this is probably an isolated case and from the sounds of it may not even be as cut and dry as it sounds because apparently one of the two files cited by the article is actually considered public domain as opposed to GPL. It's possible they may have been using public domain code originally but swapped out part of the code with the GPL code in order to fix a problem with the public domain one and either forgot that they used the GPL code, or believed such a small usage of code (one source file) would go un-noticed. Not that that makes it right of course, but it seems a likely scenario.

      --
      Curiosity was framed, Ignorance killed the cat.
    32. Re:Get real... by coolGuyZak · · Score: 1

      As an answer to my own question, here's an article from LWN.net: The GPL is a License, not a Contract.

    33. Re:Get real... by Intron · · Score: 4, Insightful

      Of course the law applies to big corporations. Sony will be able to sue this guy for violating their EULA by disassembling their game. You don't buy a game from a big company, you just buy a license to use it under their terms and conditions. See? All legal.

      --
      Intron: the portion of DNA which expresses nothing useful.
    34. Re:Get real... by Albert+Sandberg · · Score: 1

      you know this is scary as hell, because it's true.

    35. Re:Get real... by sherms · · Score: 1

      You also have to consider that it could be a big boost to Sony if they did. Imagine how HOT an Item it could become!!!

      It would be an interesting marketing experiment..

      Sherm

    36. Re:Get real... by ucblockhead · · Score: 1

      You are assuming that this didn't already happen when the game was written in the first place. Without contacting the actual author, no one here has a clue if this is the case.

      --
      The cake is a pie
    37. Re:Get real... by Stewie241 · · Score: 1

      No... because the fault is in distribution... Once they stop distributing it, they are no longer breaking the license. From what I gather they will also have to pay some penalty or damage fee.

    38. Re:Get real... by KDR_11k · · Score: 1

      They'd need evidence that he disassembled anything, "he couldn't have known otherwise" doesn'T seem to be a defense since you regularly see companies sue each other for infringement on things you couldn't really know without disassembling the software.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    39. Re:Get real... by sabt-pestnu · · Score: 1
      If I had one million lines of Linux code and 1000 lines of my own, I would likely publish the source code. If I had 1000 lines of GPL'd code and one million lines of my own, I might be more willing to pay damages.

      Copyright law isn't a percentages game; 'your lines' vs 'their lines' won't change the damages.

      Perhaps you're thinking something more along the lines of

      If I made only $1000 I'd publish; if I made $10,000,000 I'd pay damages.
      As people pointed out earlier, it's not a game currently being published, so the only drawbacks for Sony involve how much more money they were planning to get for it. Which probably amounts to less than the cost to have an executive even think about this whole GPL issue.
    40. Re:Get real... by monkeyboythom · · Score: 1

      You don't need a real issue to have a good witchburning. That's the great thing about it. All you need is a wild allegation and pack of frothing fanboys with pitchforks and you're good to go.

      And don't forget, she turned me into a newt.

      ok, well...I got better.

    41. Re:Get real... by KDR_11k · · Score: 1

      I thought it's per work, independent of the number of copies made which is why numbers like that are even used?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    42. Re:Get real... by Anonymous Coward · · Score: 0

      Yeah that's what he needs. From helpful Slashdotters a million calls clogging the lines and faxes obliterating his employer's office's paper supply all explaining the same thing he knew already ;-)

      (Or did you post linkage to his contact information just because "we need to know the truth"? I hope not... why not get the mail address as well and send him a nice tinfoil hat to shield against evil corporate influence?)

      (Apt captcha: pillars. As in "pillar of the community")

    43. Re:Get real... by coaxial · · Score: 1

      It is indeed unthinkable, because the GPL is not a contract. Wrong. Totally and completely wrong. The GPL is a license. A license is a contract. That's the law. Your entire argument falls apart because your basic premise is so utterly and completely wrong.
    44. Re:Get real... by fireman+sam · · Score: 1

      But you got better?

      --
      it is only after a long journey that you know the strength of the horse.
    45. Re:Get real... by sumdumass · · Score: 0

      Actually, it is both a contract and a license. The license allows access to the copyright protected materials. The contract are the conditions you must follow to remain in "compliance". Violate the contract and the license gets pulled.

      I know there has been a considerable effort to label the GPL as a license only. This is because people want you to have the impression that your rights to a protected material automatically disappear is you aren't in compliance with the contract. However, this isn't the case in reality. You have to inform someone they are in violation of the terms, and then revoke the license. There isn't an automatic copyright violation if you fail to do something the GPL requires you to do. This part has been shown in court with other licenses.

    46. Re:Get real... by Kremmy · · Score: 1

      If we were talking about zlib, there wouldn't really be a problem - all they would have to do is give visible credit somewhere in the program and documentation. The license for zlib is very permissive like that. However, in the case of libarc, since it's straight GPL that means there is no 'linking' exception. libarc may only be used in software that is also licensed under the GPL.

      ICO containing GPL code would lead to everyone who owns a copy of ICO being legally entitled to the full source code. There is a possibility that anyone at all who requests the source code would be legally entitled to it - I've seen many debates on that with no real resolution. Unfortunately, this is likely to settle out of court if it even gets that far at all. I believe the GPL has only came near being tested in court in a case in Germany a while back, with that ending up settled by others means, although I am not sure.

    47. Re:Get real... by Intron · · Score: 1

      Ummm. Did you look on his website where he describes disassembling the game and even has a listing of the code? Also, its not a defense when you're the plaintiff, its offensive.

      --
      Intron: the portion of DNA which expresses nothing useful.
    48. Re:Get real... by petecarlson · · Score: 1

      No, they are right and you are wrong. The work has a copyright. If you accept the terms of the license, then you are allowed to use the work within the terms of the license. If, on the other hand, you do not accept the terms of the license then you are not allowed to use the code. If you do so without license then it is copyright infringement.

    49. Re:Get real... by RupW · · Score: 1

      You are assuming that this didn't already happen when the game was written in the first place. Without contacting the actual author, no one here has a clue if this is the case. Yeah, that was gEvil's point above. And the TFA author says he tried to contact the author, so maybe we will find out. But since getting this properly licensed would be more effort than finding a non-GPL replacement I'd guess this was an oversight / didn't happen.
    50. Re:Get real... by tubapro12 · · Score: 1

      I bet his description of the disassembling process would manage to get the point across.

    51. Re:Get real... by Wyzard · · Score: 1

      Sony will be able to sue this guy for violating their EULA by disassembling their game.

      Ico has no EULA. Ordinary copyright law applies, and under ordinary copyright law, disassembling a small portion of the game code to investigate this matter almost certainly qualifies as fair use. (And Sony allegedly doesn't hold copyright on the code that was disassembled anyway.)

    52. Re:Get real... by YU+Nicks+NE+Way · · Score: 1

      Um...hello? The GPL is either a contract or a grant; there's no third option. If it were a grant, then there could be no expectation of returned value (that is, no demand for reciprocity); there could only be a request for reciprocity. That's not how the FSF has treated it; they have threatened to sue on many occasions. That being the case, yes, it is a contract.

    53. Re:Get real... by HeroreV · · Score: 1

      We can still dream. ICO is a really fantastic game, and I'd love to see it become libre software.

    54. Re:Get real... by Anonymous Coward · · Score: 0

      You don't need a real issue to have a good witchburning. That's the great thing about it. All you need is a wild allegation and pack of frothing fanboys with pitchforks and you're good to go.

      You also need a witch. Forgetting the most important ingredient, typical beginner mistake. :)

    55. Re:Get real... by tricorn · · Score: 1

      IF it is interpreted as a contract, then breaking the terms of the contract voids your permission to use the copyright material, thus you are violating copyright. The owner of the copyright can demand that you stop using the material and pay damages, OR can agree to other terms such as allowing the use if the terms of the GPL are met. An argument that you never accepted such a contract means you never had permission to use the material in the first place, and are violating copyright.

      It can also be looked at as a license - you have permission to use the material under certain conditions, if you meet those conditions then you are automatically not violating copyright, if you don't then you are, no contractual terms involved. If you want to call that a "grant", fine - it is giving you more rights to the copyright material than you would have otherwise, but that doesn't mean it gives you ALL rights that the copyright owner has. Not meeting the conditions means you are exceeding the granted rights, thus you are violating copyright and again, the owner can demand that you stop using it and pay damages, OR agree to allow it under other mutually acceptable terms.

      The FSF doesn't sue for contract violation, they sue for copyright violation. That's because the GPL is a license, not a contract. You have NO obligation to the owner of the copyright IF you meet the terms of the license, there is no reciprocity, it is not a contract. You still have an obligation under copyright law to not violate the owner's rights without permission. The owner has granted permission under certain conditions, any other use requires a different agreement, use without such permission violates copyright law.

    56. Re:Get real... by YU+Nicks+NE+Way · · Score: 1

      You have NO obligation to the owner of the copyright IF you meet the terms of the license
      Puppy, you need to go read the definition of a contract. That is what a contract is.
    57. Re:Get real... by Hal_Porter · · Score: 1

      Any chance that Sony may have done that in the first place and that this guy is making an issue where there isn't one?


      HAHAHAHAHA

      Intellectual property laws don't apply to big corporations!, they only apply to the little guy.

      I think it's more likely that a developer is an idiot and Sony's going to take a "wait until we get a letter from a lawyer" attitude.

      Umm, bullshit. If you're a big corporation you're a much more tempting target for a lawsuit. I realise that the RIAA and FAST and so on have recently sued a few individuals, but most of the time people don't bother. Virtually every home machine I've used has a bunch of dubious software on it. But every company I've worked at goes to great lengths to stop illicit software being used because they're terrified of getting sued.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    58. Re:Get real... by tricorn · · Score: 1

      Uh, no. A contract is mutually agreed-upon terms and consideration from both sides. If you can take a piece of software, do something with it, and never have any contact with the owner of the copyright, how can it be a contract? You don't have to send the owner anything, no money, no source code, no notification, nothing. You can even make changes and distribute the resulting work without ever contacting the owner of the original work. You don't have to send them source code, you don't have to do anything except give a copy of the source code to anyone you give the binary to; if you don't give the binary to anyone, you have no obligations whatsoever other than to properly mark any changes you make, certainly no obligations to the owner of the copyright (other than what the law already gives the owner, which is that you need permission to make any copies at all).

      It is certainly the case that merely making a copy of a GPL program and using it, never distributing it, does not mean you have agreed to any contract, yet the GPL still allows you to have made that original copy. You don't have to agree with any of the GPL, the mere existence of the GPL means you haven't violated copyright. So how can it be a contract? No agreement, no "meeting of the minds", no offer/acceptance, no consideration, no obligation.

    59. Re:Get real... by seaturnip · · Score: 1

      Not really, no. If they wanted to avoid violating the GPL, they could easily have switched to a BSD-licensed compression library like zlib. These libraries all have essentially the same API, so it's a simple matter to go from one to the other.

    60. Re:Get real... by OrangeTide · · Score: 1

      The source to the library looks all original when I glanced at it, or from real public domain sources.

      --
      “Common sense is not so common.” — Voltaire
    61. Re:Get real... by OrangeTide · · Score: 1

      A license is a contract. A schooner is a sailboat.

      Feel free to take an entry level class on small business contract law at your local community college. You'll gain an appreciation of how a Common law legal systems works.

      --
      “Common sense is not so common.” — Voltaire
    62. Re:Get real... by OrangeTide · · Score: 1

      copyright has to do with your right to distribute (copy). And that requires consent of the copyright holder. Therefor a license(contract) is necessary to authorize terms, limits and scope of permission being granted to you.

      Copying and distributing GPL source code means you've agreed to the license. If you violate the terms of that license then you have a liability. In Common law a contract does not even have to be formally declared to be legally binding, although it is highly recommended that you at least put the agreement in writing. As long as there are considerations for all parties in a contract, then it is binding. (baring any special restrictions of course)

      The consideration the copyright holder grants you, is the right to distribute his/her work. It's right there plan as day in the text of the GPL. If you agree to the terms that are also in that GPL textfile distributed with the source, then you have an Agreement. Thus allowing you to proceed forward. It is not necessary to meet with each licensee, shake their hand, etc. I'm not a lawyer, but the obligation of the GPL is that you have to give source back under the same license if you link to it. That is how there are considerations and that is how, in my opinion, the GPL fits in as the most basic definition of a contract.

      BSD/MIT licenses I think would be more like a grant.

      --
      “Common sense is not so common.” — Voltaire
    63. Re:Get real... by tricorn · · Score: 1

      Your understanding of the GPL is flawed. You owe nothing to the copyright owner, at all. Depending on what you do with the code, you don't owe anything to anyone else, either. Nothing. IF you distribute a binary version of the program AND you didn't give a copy of the source code to any person to whom you distributed the binary, THEN you have an obligation to provide a copy of the source code to (interpretations seem to vary: anyone who asks; anyone who has received a copy of the binary code; anyone who has received a copy of the written offer you were required to provide) for no more than the actual cost to provide such a copy. But that's ONLY if you choose that particular method of distribution, and it makes no reference to the original copyright owner.

      If you make changes, you have an obligation to document that you made changes in any copy of the source code you distribute. If you distribute ONLY source code, you have no other obligations. If you distribute source and binary together, you have no other obligations. In all cases, you can use it for yourself, without distributing it, in any way you see fit, whether changed or unmodified. You never have an obligation to the original copyright owner (unless, of course, you distribute a copy to the original copyright owner!), only restrictions on how you can further distribute it (including not adding additional restrictions).

      Those portions of the code that you wrote yourself can be distributed separately under any terms you want, as long as you've removed anyone else's code. So you don't even have to give that up, all you lose is exclusivity for that code which you chose to distribute co-mingled with other people's GPL code.

  2. Could Would Should by pavel_987 · · Score: 2, Informative

    The key word in there is "could". I doubt anything will actually happen. Never underestimate the power of bureaucracy.

  3. I got an idea by eclectro · · Score: 4, Funny

    Sony could end up having to release the source code for the entire game!" Rather than go to the all the hassle with lawyers and all, why don't we mail a CD with a Sony rootkit to the Sony CEO and get the source code that way?
    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    1. Re:I got an idea by RuBLed · · Score: 5, Funny

      You had to label it "Private: Employee X Wedding/Honeymoon Pictures". Then just leave it near the coffee maker...

      Labelling it otherwise, like "FY 2007 PSP Sales Report" then leaving it at his desk/sending it via mail is not recommended.

    2. Re:I got an idea by Anonymous Coward · · Score: 0

      *gasp* But that would be a violation of the DMCA!

    3. Re:I got an idea by Nossie · · Score: 2, Interesting

      surely that guys disassembly of the file was in breach of the DMCA too? :)

    4. Re:I got an idea by Thaelon · · Score: 1

      When was the last time you saw a huge software company CEO actually check out source code?

      --

      Question everything

    5. Re:I got an idea by djcapelis · · Score: 1

      There's an explicit exception for reverse engineering. It's a fuzzy area but his efforts may fit right into this exception.

      --
      I touch computers in naughty places
  4. Where? by DeeQ · · Score: 1

    I'm kind of confused where you get the idea that they could have to release all of their source code. It doesn't seem to mention that in the link at all, also its very doubtful that sony would do that regardless. I could be missing something though so if thats the cause I apologize.

    1. Re:Where? by rjames13 · · Score: 5, Informative

      I'm kind of confused where you get the idea that they could have to release all of their source code. It doesn't seem to mention that in the link at all, also its very doubtful that sony would do that regardless. I could be missing something though so if thats the cause I apologize.

      You are not missing something. Sony does not have to release the source code unless someone who owns a copy of the game ICO asks for that code. If Sony is infringing then that would need to be the scenario. If they do not want to do so then it would lead to a court case the results of which anyone would be guessing at this stage. And unless they do lose such a court case then no code gets released.

      Of course the big question in my mind is are they infringing? In order for them to be infringing they need to have compiled into their game some source code that is licensed under the GPL. It is not totally clear from the article that this is the case it just appears to be so at the moment.

    2. Re:Where? by TuringTest · · Score: 1

      If they have included GPL code, they would also be infringing just for not showing the GPL text at the execution of the game. If that is the case, there would be no need to wait until a client asked for the source code.

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
    3. Re:Where? by rjames13 · · Score: 2

      If they have included GPL code, they would also be infringing just for not showing the GPL text at the execution of the game. If that is the case, there would be no need to wait until a client asked for the source code.

      No it would not have to be so discreet it can be hidden away in the menu. It just has to be there. I use many GPLed apps and none of them display any such message at startup, it is always in the help or manual e.g. in Knode Help->About Knode->License Agreement(tab)

      d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so. From GPL 3

      I also note that many others have pointed out that stopping distribution of the code stops the GPL enforcement clauses. And this game is no longer sold by Sony, so they have to disclose zip :)

    4. Re:Where? by klingens · · Score: 0

      If you own a copy of ICO, sourcecode for it has to be provided for at least 3 years after selling it to the buyer. If you buy a copy from ebay it's more complicated: you ask the guy who sold it to you and this that one asks the one he bought from ad almost infinitum until SCEI/game maker is reached (the corporation who ran the compiler that made the game). Then the whole ladder goes down again until it reaches the one that requested the source in the first place.

      Hopefully one can have some power of attorney or such to cut out the intermediate stages to ask Sony/game maker directly.

    5. Re:Where? by Fastolfe · · Score: 1

      And unless they do lose such a court case then no code gets released.

      If they lose, they are NOT automatically required to release their own source code. The GPL is not quite this viral. They still very much retain the rights over their own copyrighted works (their contributions to the GPLed code). Those contributions do not automatically go under the GPL unless they intentionally, explicitly release it under the GPL.

      If they lose any hypothetical court case, they pay damages and stop distributing the infringing software. End of story. They, of course, have other options to avoid a lawsuit in the first place (replace the GPLed code with code they can commercially license, commercially license the GPLed code itself (from its original authors), or release their own code under the GPL). The court will not make them give up the rights to their own code.

    6. Re:Where? by toriver · · Score: 1

      If you own a copy of ICO, sourcecode for it has to be provided for at least 3 years after selling it to the buyer. ... if they abide by the license, which they might choose not to and instead stop distributing it, which - again - they have done.

  5. reverse-engineering by TwistedSpring · · Score: 3, Interesting

    Isn't reverse engineering with the tools used in this article disallowed by the license agreement for the game? I know little about law, so who has the trump card here?

    1. Re:reverse-engineering by rjames13 · · Score: 3, Insightful

      Isn't reverse engineering with the tools used in this article disallowed by the license agreement for the game? I know little about law, so who has the trump card here?

      Probably yes. But if a criminal broke into your house and found a drug lab and then phoned the police about it you are sunk. You are confusing the law that stops the police from doing this (entrapment) with the non-existent law that stops normal people from doing this.

    2. Re:reverse-engineering by 91degrees · · Score: 1

      Even if you assume that the EULA is binding (and there's no act of acceptance here), there is a difference between breaking a contract and breaking a law. And also a difference between a petty law violation and a breach of human rights.

    3. Re:reverse-engineering by rindeee · · Score: 1

      I don't know the answer to your question, but it raises an interesting point. Sony's claim could easily be, 'You find out we were doing something wrong by doing something wrong.' Two wrongs not making a right and whatnot. Same concept as in law enforcement (sorry, I don't know legal terms). They've still broken copyright which discovery process wont excuse, but it will be interesting to see if Sony tries to hide behind such a claim. As an aside, it's hilarious to watch huge companies that like to swing copyright like a club, bludgeoning those who dare not take it seriously enough turn right around and ignore it when it suits them.

    4. Re:reverse-engineering by Seahawk · · Score: 4, Informative

      Well - in most sane countries reverse engineering is specifically allowed - no matter what the EULA's say. :)

    5. Re:reverse-engineering by IBBoard · · Score: 1

      Only in terms of degrees, though. And if it is in terms of degrees then how do you set at which degree it is sufficiently 'degree-ful' to be something that shouldn't be done?

    6. Re:reverse-engineering by orasio · · Score: 1

      That was what I was thinking as well - surely the EULA says not to reverse engineer the code.

      Now, do the people on slashdot agree with breaking a legal(ish) contract to find a GPL violation when they don't agree with breaking privacy laws to catch criminals/terrorists? Interesting dilemma :) It's not a dilemma.
      EULAs are of no value, in most of the world. So it's difficult to make the case that they are valid.
      Aside from that, the analogy you are using doesn't stand. One is people vs people, and the other is government vs people. One is a civil issue, and the other is not.

    7. Re:reverse-engineering by Belial6 · · Score: 2, Interesting

      I once saw a game crack that had a EULA that said, no one was ever allowed to run the software. I later got the opportunity to ask an EFF lawyer about that, and she said that the EULA would not protect you against copyright violation, and would likely just make any judge you faced annoyed. So, the EFF at least does not think that Sony would be in the right here. I know that the EFF are not judges, but since I actually asked an IP lawyer about this, I though I would relay what I was told.

    8. Re:reverse-engineering by Pofy · · Score: 1

      >That was what I was thinking as well - surely the EULA says not to reverse engineer the code.

      Even if it did and it was enforcable, it doesn't mean the person who reverse engineered it had agreed to it to start with.

    9. Re:reverse-engineering by Eivind · · Score: 2, Informative

      Doesn't matter in the least. You don't need to agree to the licence-agreement to aquire a copy of the game.

      If I sell you a shrinkwrapped book - no conditions attached - and then print, on the inside of the front cover, a "licence" prohibiting you from, say, reading the book aloud for your kids. Do you reckon you're bound by that "licence" ? At what point did you enter into the agreement ? Does any random text that you're exposed to subject you to the conditions spelled out -- even if you never AGREE to the text ? Can I hold a contract under your nose that says "by reading this, you agree to give me all your money", and thereafter actually collect from you ?

      I wish people would quit the nonsense.

      An -agreement- is only an -agreement- when both sides actually -agree- to enter into it.

      Furthermore, in many jurisdictions contracts require an actual exchange. A one-sided "licence-agreement" that doesn't give you ANYTHING you didn't already have, but requires you to give up something (such as the rigth to study the work) is not valid in such jurisdictions.

    10. Re:reverse-engineering by 91degrees · · Score: 1

      Not sure exactly where the line is, but since there's a gulf between these sitations, I reckon we can get a pretty good consensus that it's somewhere between them.

    11. Re:reverse-engineering by Just+Some+Guy · · Score: 1

      Isn't reverse engineering with the tools used in this article disallowed by the license agreement for the game?

      My house rules are that visitors can make themselves at home, but don't get to snoop around in my underwear drawer. That "license" doesn't carry a lot of weight if the police are searching my house because I'm a suspect in a crime.

      I know it's a flawed analogy, but wanted to point out that there's precedent for being allowed to violate agreements under certain conditions.

      Besides, what if the reverse engineer never actually used the game but dove right in to hacking around on its media? In that case, he'd never have agreed to any stupid EULA, binding or otherwise, in the first place.

      --
      Dewey, what part of this looks like authorities should be involved?
    12. Re:reverse-engineering by Maniac-X · · Score: 1

      As far as I know, reverse engineering for educational purposes is 100% legal, though I'm sure other purposes are more gray.

      --
      (A)bort, (R)etry, (I)gnore?_
    13. Re:reverse-engineering by radarjd · · Score: 2, Informative

      There is a difference between a license and an agreement (contract). A license (in this case) grants you a form of property. Specifically, it grants you some property with restrictions on how that property may be used. It was historically first used of real property, but has been extended to other forms of property as well. For example, a ticket to a show is generally a license to a particular seat at a particular time with some additional restrictions on your conduct at that show. Software is often transferred with a license (whether that license be BSD, GPL, proprietary, etc.) which governs your exercise of property rights over that software.

      A contract, by the common law formula, requires an offer, acceptance of that offer, and consideration for the agreement. There are exceptions to that formula, of course, but it generally holds true. "Consideration" means "payment" in broad terms. Consideration could be money, it could be the promise to perform a certain action or to withhold from performing a certain action.

      There are limits as to what a contract or license can do, which gets to your point, I believe. For example, a statement which says "by reading this, you agree to give me all your money" is neither a license nor a contract. If included within a license or a contract it may or may not be enforceable depending on the circumstances. For example, if I have $4, and you agree to give me a book for "all my money", that's likely a reasonable contract. If I have millions of dollars, and you agree to give me the most valuable book in all the world for "all my money", that's also likely enforceable. If, on the other hand, you obtain my agreement by some trick (as in your example above of the book), it's likely not enforceable. I simply will not accept transfer of the book once I am aware of the terms of the license.

      In other words, I think you are arguing against the wrong concept. There are such things as licenses, and you may well need one in order to convince someone to transfer some property right in a thing to you. I use GPL'd software under the conditions of its license, just the same as I use proprietary software. I didn't agree to the GPL, but I accept the software under the conditions of the license.

    14. Re:reverse-engineering by ajs318 · · Score: 1

      You already have a right to do some reverse engineering under the Law of the Land; and nothing, not even a contract signed in blood, can take away that right.

      --
      Je fume. Tu fumes. Nous fûmes!
    15. Re:reverse-engineering by Achromatic1978 · · Score: 1
      Ahh, but that leads you into a Catch-22.

      If you want to go down the road of "EULA is non binding", why is ICOs EULA non binding, but libarc's is binding? There's no act of acceptance for either. You can't say "A notice in the box/manual/software help menu is not binding, but a notice in the software source code is binding", that's nonsensical. If it /is/ binding, then you're taking a moral call as to your license being more merited as an enforceable license than someone else's - who gets, or should get, to make that call?

    16. Re:reverse-engineering by boaworm · · Score: 5, Informative

      I found this a bit more interesting though: /* You can do whatever you like with this source file, though I would
            prefer that if you modify it and redistribute it that you include
            comments to that effect with your name and the date. Thank you. */

      After the standard GPL stuff, the guy writes this. IANAL, but this clearly sais you can do whatever you want with the code, without asking.

      So which one takes legal precedence, the standard GPL statement or his own personal addition to it.

      --
      Probable impossibilities are to be preferred to improbable possibilities.
      Aristotele
    17. Re:reverse-engineering by 91degrees · · Score: 1

      The GPL isn't binding. The argument is that you don't have to accept it. If you reject it, you are entitled to do anything that copyright allows you to do with the software. It's a licence rather than a contract. It grants permissions. So if you're entitled to reverse engineer code under copyright law then there was no need to accept the agreement.

    18. Re:reverse-engineering by Anonymous Coward · · Score: 0

      Most PS2 games that don't have online play, also lack EULAs.

    19. Re:reverse-engineering by leek · · Score: 1

      You're forgetting the law which requires your police officer buddy from high school, who comes over to a party at your place, to rat on you if he sees someone smoking pot. If he just looks the other way because no-one is being harmed, then he can be in bigger trouble than you'd be in for simple possession.

      To carry that analogy to Sony, that would be like a store clerk who sells you a DVD duplicator or a disssembler, and then is required to call Sony or the MPAA to report you.

      This coercion is wrong.

      Also, breaking a software license is not morally equivalent to stealing property which is scarce, although criminal laws have tried to equate the two. Breaking a license is a civil disagreement between two parties which should not be reified into criminal law. Doing so is, frankly, socialism.

      Speaking of trumps:

      Private property trumps private contracts trumps constitutions trumps statutes.

      In this context, your ownership of the media (private property) which contains the bits, trumps any private contract involving those bits, which in turn trumps any constitution and any law.

      So while Sony may have "violated" the GPL, it still retains the rights to sell and copy the media containing its games. Just as you have the right to copy and disassemble media containing Sony's games, and the right to do PlayStation console mods.

      All these "violations" do is nullify any contracts between you and Sony. They do not make immoral any voluntary acts involving physical property you or Sony obtained through voluntary means.

      Copyrights are not the same as private property, although laws at the bottom of the trump pile have tried to make them equivalent, and the FSF stoops to them too, by invoking the GPL.

    20. Re:reverse-engineering by toddestan · · Score: 1

      If I sell you a shrinkwrapped book - no conditions attached - and then print, on the inside of the front cover, a "licence" prohibiting you from, say, reading the book aloud for your kids. Do you reckon you're bound by that "licence" ? At what point did you enter into the agreement ? Does any random text that you're exposed to subject you to the conditions spelled out -- even if you never AGREE to the text ? Can I hold a contract under your nose that says "by reading this, you agree to give me all your money", and thereafter actually collect from you ?>

      The reason we have EULAs is because of the way computers work, you have to copy the software. Generally, you have to copy the software from the media to your harddrive, then again from your harddrive to your system memory to run it (in the old days, you can skip over the harddrive step, but the same idea). Since you aren't supposed to copy copyrighted works, the act of simply installing/running the software could be considered a copyright violation. So the software vendor gives you permission to copy the software so you can run it, and uses that excuse to tack on extra conditions, with the threat that if you don't agree to those conditions, they can hit you with a copyright violation if you run it anyway. Obviously, this is a pretty weak stance, but so far EULAs have not been tested in court (to my knowledge), so the threat is still there.

      Since you don't have to copy the book to read it, EULAs for books would be a bit of a harder thing to pull off. Though if you read it aloud, they could try to nail you with a public performance or something stupid like that I guess.

    21. Re:reverse-engineering by Falladir · · Score: 1

      You're not talking about entrapment, you're talking about the concept that "fruit of a tainted tree" (i.e. evidence obtained illegally by police) is inadmissible in court. Entrapment is when police lie to you and convince(or encourage, or entice, or coerce) you to commit (or into committing) a crime, such as when undercover detectives

    22. Re:reverse-engineering by Wyzard · · Score: 1

      What license agreement? This isn't some PC game where you have to run an install program and click "I accept" to a EULA document before installation will continue. You just put the disc in the PS2 and it runs.

      Contrary to popular belief, not every piece of software in the world has a "license agreement" attached to it. That's a trick used by some software vendors to impose additional restrictions on you, above and beyond copyright law, by making you agree to those restrictions in a contract before you can use their software.

    23. Re:reverse-engineering by Eivind · · Score: 1

      I'm aware of that. However you can't have a "license" take -AWAY- rights that I would otherwise have and expect me to be bound by the license without ever having agreed to it.

      That is the point. For example, the GPL gives you a right that you wouldn't normally have (the right to copy and redistribute), and stipulates certain conditions you need to comply with if you want those rights.

      If you do -NOT- want those rights, however, you're free to completely ignore the GPL and simply stick within the limits of copyright-law.

      The "license" on the inside of shrink-wrapped book saying "You are not authorised to read this book aloud unless you ..." is invalid, or more precisely, you can ignore it, because even without a license you're allowed to do that.

      If the same license said: "You may publicly perform this book, under the following conditions...." it *would* however be relevant. It gives you rigths that you don't normally have. If you -want- those rights, you must comply with the terms offered (or negotiate different terms with the copyright-holder), however you're -still- free to ignore the text if you don't plan to publicly perform the work.

      So, a "license" on a game, stating that "you may not reverse-engineer this game ..." is completely irrelevant, that is an activity that is -already- allowed, you don't need any license for it.

    24. Re:reverse-engineering by Eivind · · Score: 1

      I guess that may be true in some insane jurisdictions.

      Copying that is required in the course of ordinary use of the work is however explicitly allowed in most areas. And indeed in many even copying beyond that is explicitly allowed for your own personal use.

      You copy a book by reading it too: You bounce photons off it, creating a (short-lived) copy being broadcasted, you then transform some of these into electrical signals carrying the same information (a copy, not the original) into your brain. You then copy substantial parts of this information into your own long-time storage, called "memory".

      Non-isane jurisdictions don't count such copies, arising from normal use of the work, as copyright-relevant.

      Copying to RAM to run a program is quite equivalent to copying to brain to use a book. The book is completely useless unless accessible to brain by way of photons and electrical signals. The program is completely useless accessible to CPU by way of magnetic fields, electronic signals and charges stored in RAM-cells.

      Again; I recognize that insane jurisdictions exist. And I acknowledge that eulas -may- be relevant in some of them.

      Luckily though, it's not the norm.

    25. Re:reverse-engineering by tricorn · · Score: 1

      Except copyright law allows the owner of an authorized copy of a computer program the right to make intermediate copies that are necessary to run the program. Note that is the owner of a COPY of a program, not the copyright owner. That would be redundant, since the copyright owner doesn't NEED permission to make copies.

      This part of copyright law was changed specifically to take away the right of a copyright owner to control use of a computer program in this way.

  6. They don't have to release the code by MichaelCrawford · · Score: 5, Informative
    And I quote:

    8. Termination.

    You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

    However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

    Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

    Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

    What that means is that they have to stop shipping the game entirely.

    Now, the FSF, often acting on behalf of the copyright holders, have often allowed infringers to comply by releasing the source under the GPL. But I recall reading here at Slashdot recently that they are starting to play hardball with violators, and not allowing them to comply simply by shipping source. The copyright holder would be fully within his rights to get a permanent injunction against the sale of the game.

    --
    Request your free CD of my piano music.
    1. Re:They don't have to release the code by EVil+Lawyer · · Score: 2, Insightful

      And, as our trusty friend Amazon.com tells us, the game has already been discontinued by the manufacturer.

    2. Re:They don't have to release the code by zwei2stein · · Score: 1

      Wouldn't simply stooping to use that library get them out of hook?

      --
      -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
    3. Re:They don't have to release the code by bombastinator · · Score: 2, Interesting

      This would imply that Sony has to do precisely squat. While I have no reasonable authority to hold forth on this, I do think it might still have a few repercussions.

      For one thing it could make the game legal to run on an emulator. The other I can think of is it might possibly allow people to tear apart their binaries. "Legal" reverse engineering requires a lot of rigmarole that may not be necessary here. That might still be a lot more trouble than it's worth. The game is pushing 6 years old after all.

    4. Re:They don't have to release the code by Anonymous Coward · · Score: 0

      Wouldn't simply stooping to use that library get them out of hook?

      No, for the same reasons that if I made 1000 copies of their game and sold them it wouldn't be OK if I just promised to stop.

    5. Re:They don't have to release the code by Anonymous Coward · · Score: 0

      What that means is that they have to stop shipping the game entirely.

      Seeing as this game is from 2001, I doubt Sony would mind halting sales of Ico.

    6. Re:They don't have to release the code by EllisDees · · Score: 1

      No, since they have already distributed many copies of the game, they are legally liable for each copy. It is like if some big media company, Sony maybe, caught you violating copyright by distributing files on bittorrent. Would you be off the hook by simply stopping use of the program?

      --
      -- Give me ambiguity or give me something else!
    7. Re:They don't have to release the code by Anonymous Coward · · Score: 0

      You're quoting from the wrong version of the GPL. ICO was released when GPL3 was just a glint in Stallman's eye.

      What that means is that they have to stop shipping the game entirely.

      It means no such thing. The GPL is a license. It has no power to bind Sony. Only a court can do that.

      Now, the FSF, often acting on behalf of the copyright holders

      The FSF are always acting on behalf of the copyright holders. They are not an spiritually-ordained organization with magical powers of code ownership.

      The copyright holder would be fully within his rights to get a permanent injunction against the sale of the game.

      They would be fully within their rights to try, as any of us are. The success or failure of such an attempt is the key. It would be probably be a bad mistake to take this to court since the infraction is utterly trivial and because Sony might win.

    8. Re:They don't have to release the code by tricorn · · Score: 1

      You're right, they don't have to do anything, BUT they may still be liable for damages. One way of satisfying the copyright owner may be to release full sources under the GPL; if potential damages are high enough, and Sony has rights to everything else in the program, they may choose to do that, or they may choose to simply pay up.

      However, Sony does NOT lose their copyright to the rest of the work; simply because a part of the program isn't theirs and they didn't have permission to distribute it doesn't mean that it is now legal to make additional copies of it. Running a legitimate copy of the software on an emulator would still be allowed (though, ironically, the owner of libarc could demand that end users not be allowed to run the program at all, emulator or not, since that portion of the program is not an authorized copy, and thus intermediate copies necessary to run the program are not allowed).

  7. You're confusing General license with Lesser by MichaelCrawford · · Score: 4, Informative
    The GNU Lesser General Public License (formerly the "Library" GPL) has the terms you describe, but the GNU General Public License (without the "Lesser") requires one to release full source if any covered libraries are used.

    --
    Request your free CD of my piano music.
    1. Re:You're confusing General license with Lesser by rucs_hack · · Score: 2, Insightful

      The GNU Lesser General Public License (formerly the "Library" GPL) has the terms you describe, but the GNU General Public License (without the "Lesser") requires one to release full source if any covered libraries are used.

      So when I use GlibC to compile my C program I always have to release the source? Or if my Linux program makes use of a Library avaliable in Linux I have to release full source?

      I has a doubt, there is a limit you know.

    2. Re:You're confusing General license with Lesser by xenocide2 · · Score: 2, Informative

      You know, it was formerly called the Library GPL because it was used in things like glibc...

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    3. Re:You're confusing General license with Lesser by tolan-b · · Score: 4, Informative

      No, because Glibc is licensed under the LGPL not the GPL.

    4. Re:You're confusing General license with Lesser by Anonymous Coward · · Score: 0

      So when I use GlibC to compile my C program I always have to release the source?
      No, because the glibc is under the LGPL, not GPL.
      Or if my Linux program makes use of a Library available in Linux I have to release full source?
      Depending on the library, yes. Most basic infrastructure libraries however are LGPL, or GPL with a linking exception (like libc++ or classpath)
      I has a doubt, there is a limit you know.
      Depends on the libraries you use. LGPL have the limit, GPL don't. And thats on purpose, not by oversight or chance, see for a (gnu biased) reasoning behind the two

    5. Re:You're confusing General license with Lesser by unixmaster · · Score: 1, Redundant

      glibc is LGPL , not GPL.

      --
      Never learn by your mistakes, if you do you may never dare to try again
    6. Re:You're confusing General license with Lesser by squiggleslash · · Score: 5, Informative

      No. As the GP pointed out, there are two licenses, the LGPL and the GPL. GLIBC is licensed under the LGPL, therefore you don't have to release the source to your own C program, just any modifications you might have made to GLIBC. As for the library of libarc, erm, I'm not sure what's going on here but I can't see any evidence it's licensed under either the GPL or LGPL. From http://libarc.sourceforge.net/:

      License
      Copyright © 2004 Basis Technology Corp.
      All Rights Reserved.

      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

      * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      * Neither the name of Basis Technology Corporation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

      THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

      Looks like a permissive free software license (*BSD, MIT) to me, not copyleft at all.

      --
      You are not alone. This is not normal. None of this is normal.
    7. Re:You're confusing General license with Lesser by BabyDave · · Score: 1

      Looking at the version numbers (0.2 on the Souceforge page vs 2.0.2 on the page linked by the original article, I think that's a different libarc.

    8. Re:You're confusing General license with Lesser by Anonymous Coward · · Score: 0

      It's definitely a different libarc. ICO uses this one.

      More to the point, how does anybody know Sony didn't buy a license from the author?

    9. Re:You're confusing General license with Lesser by JasterBobaMereel · · Score: 2, Interesting

      The licence is a bit confused it contains the standard boilerplate about the GPL then says /* You can do whatever you like with this source file, though I would
            prefer that if you modify it and redistribute it that you include
            comments to that effect with your name and the date. Thank you.

      So seems to retract the GPL ?

      --
      Puteulanus fenestra mortis
    10. Re:You're confusing General license with Lesser by denominateur · · Score: 1

      I believe that's the part from zlib (public domain), which is in turn included in libarc.

  8. Re:Old News.... by Anonymous Coward · · Score: 0, Flamebait

    Goatsex redirect.. Nice touch.

  9. Please stop spreading FUD. by One+Childish+N00b · · Score: 4, Insightful

    As numerous other posters have pointed out, this will not result in Sony having to release the source code for their game. The myth of the 'viral GPL' is already going strong enough without /. fuelling it by posting articles like this.

    Oh well, time to sit back and watch the trolls have a field day...

    --
    Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
    1. Re:Please stop spreading FUD. by TheVelvetFlamebait · · Score: 2, Interesting

      The myth of the 'viral GPL' is already going strong enough without /. fuelling it by posting articles like this.
      What's this "viral GPL myth"? I thought the GPL was viral (and proud of it). Is there some confusion out there?
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    2. Re:Please stop spreading FUD. by rhavenn · · Score: 1, Insightful

      No, the GPL is viral. They would have to supply the source code to people that bought the game. They don't have to supply it everybody, but they do have to supply it to people who bought the game and ask for the source. They can charge for the source, but no more then they charged for the game itself.

      Now, the above holds true ONLY if the libarc is true GPL. If it's LGPL then it's non-issue. The below quote is straight from the GNU site:

      Q: You have a GPL'ed program that I'd like to link with my code to build a proprietary program. Does the fact that I link with your program mean I have to GPL my program?
      A: Yes.

      So, yes..if they linked to libarc then they would have to GPL ICO as well.

      The LGPL is a good license. BSD is a good license. GPLv2 is a maybe license, the GPLv3 is shit.

      Taking somebodies code and making is disappear sucks, but taking someones code and giving credit while using it in a closed app..I don't get why this is such a big deal? Some companies make money selling support for open apps while others make money selling closed apps. Let the market decide vs. forcing the GPL and it's uber linkage pawnage down everyones throat. Software should stand on it's merits, not on it's license.

    3. Re:Please stop spreading FUD. by Tet · · Score: 5, Insightful
      The LGPL is a good license. BSD is a good license. GPLv2 is a maybe license, the GPLv3 is shit.

      Errrr.... no. They're all good licenses, with different goals behind them. Choose the one that's right for you. But don't criticize others because they happen to have different goals to you.

      Taking somebodies code and making is disappear sucks, but taking someones code and giving credit while using it in a closed app..I don't get why this is such a big deal?

      How about because the author doens't want that to happen? If you don't care about that, then BSDL or LGPL would seem to be good choices for you. Others do care, and hence the GPL is more appropriate for them.

      Let the market decide vs. forcing the GPL and it's uber linkage pawnage down everyones throat.

      No. Let the author decide. The author of any given bit of code is under no obligation to release it to the public at all. When they choose to do so, they get to release it on the terms they decide. For some that will be "take my code, do what you want with it", while for others it will be "take my code, but any changes you make to it have to be available to all". Different people have different views on it, and there are a range of licenses to choose from that cater for that. Simple, really...

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    4. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      The myth is that the GPL can be viral against your (the infringer's/copyright holder's) will.

      In this particular example, the myth is that Sony could be forced to release the game under the GPL against their will; that's simply not the case. They can be required to cease infringing on the copyrights of those whose copyrights they apparently are infringing on; and they certainly could get out of the whole thing[1] by deciding to voluntarily release the game's code under the GPL, but that's a different story: they don't have to. All they are REQUIRED to do is cease infringing.

      So the GPL is not viral - it doesn't "infect" you or your products against your will. Even if you infringe on someone's copyright by using GPL'ed code without abiding by the terms of the license, your code will not be or become GPL'ed unless YOU decide to make it so.

      However, that's the myth.

      1. In practice. It won't magically make the past infringement disappear, but most copyright holders would probably be happy with this outcome and wouldn't press further charges.

    5. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 1, Insightful

      Apparently there is, and it's based on the definition of 'viral'. The word viral seems to imply that it spreads without the target having any choice, which is simply not true.

      Yes, if you plainly include GPL code into your project, the freeness must transfer when you distribute it, but nowhere in the process does the GPL code move itself into your project. It's always your decision.

      If you don't want that, don't use it. If you don't want the users of your own code to have to make that decision, don't use the GPL, there are great alternatives like BSD. There's no magic here, 'viral' is a bad description.

    6. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      The problem is that the libarc code may have been compiled together with the game and not just binary linked, then it's the GPL that dictates what happens and not LGPL. If that's the case it means Sony is screwed.

      People sometimes doesn't understand that a LGPL component's code is GPL'd, so you can't pick and chose code from it and claim it's LGPL.

    7. Re:Please stop spreading FUD. by rjames13 · · Score: 3, Informative

      That is close but not fully it

      This alleged infringement is not part of the myth. The myth goes like this "if you use any GPL type software to develop your code then you lose all rights to your code". The myth is wrong because it ignores the fact that a GPL complier does not make your code GPL and most libraries you would ever link about are LGPLed not GPLed and you don't have to release the code if you don't distribute etc etc. This Sony case would still be a copyright problem if the code was say copyrighted by Microsoft and Sony just put it in their code, which is theft. People get confused because they don't understand both how copyright works and how the GPL works. The GPL just ensures that people who link to GPL code and pass it on also pass on the freedoms that they have in the first place to use that GPL code.

      That is what the GPL is, an enforced system of passing on freedom. It is not there to steal your Intellectual Property.

    8. Re:Please stop spreading FUD. by Eivind · · Score: 4, Insightful

      The point is, there is nothing in copyright-law that will force anyone, under any circumstances, to release code.

      If you do not comply with the GPL, it is revoked, which means you have no right to distribute the work. Which makes you guilty of violating copyright.

      You would be punished like any other copyright-violator: By fines, by being forced to stop distribution, by paying compensation to the copyrigth-holders.

      It may be that you are able to -avoid- these other punishments by reaching an *agreement* with the copyright-holder. Such an agreement is a private matter, it can contain backrubs, money, source-releases or the delivery of albino chimpanzes. But its up to you what agreement you enter into, if any.

      The FSF has a history of saying: "We will forgive your past transgressions if you release the code", that is an OFFER by them, not a property of copyright-law or the GPL. You're free to take the offer, or decide -not- to take the offer.

    9. Re:Please stop spreading FUD. by Eivind · · Score: 3, Insightful

      That's because people are horribly confused about even blindingly obvious simple cases of law. They are likely confused by the fact that the FSF has a history of saying, "We offer you forgiveness if you release the code" and people somehow think that it says somewhere (it doesn't) that "if you break copyright you have to release the code".

      Possibly the source of the confusion is that if you -did- release the code originally, you wouldn't have been in violation of the GPL, and thus not of copyright.

      ReleaseCode, no_violation = true
      violation, mustReleaseCode = false

      Indeed, unless you're made a spesific offer of forgiveness in exchange for releasing the code by the copyright-holder, releasing the code after being in violation doens't even HELP. You still broke copyright-law, you're still responsible for the damages arising therefrom.

    10. Re:Please stop spreading FUD. by JasterBobaMereel · · Score: 1

      Let the market decide is the worst argument ... ... the market like taking without paying and without giving attribution ... the market likes not paying for things ... the market likes being just good enough

      "The Market" would pay you nothing and charge you a fortune to breathe .... if it could get away with it ...

      The Government is what stops this happening, it regulates the market so that it kept fair, tries to reward innovation, and stop anti-competitive practices (like monopolies, FUD etc ...) - I think most Governments do not do this very well but at least they generally try ...

      --
      Puteulanus fenestra mortis
    11. Re:Please stop spreading FUD. by Tony+Hoyle · · Score: 1

      GPL goes beyond that, covering things like linking and dynamic loading.

      So if I distribute an app which is not GPL but my app is able to use a GPL binary downloaded by a third party, I violate the GPL by proxy even though no copyright law is broken and I haven't agreed to any GPL terms.

      (This isn't theoretical - We had this exact situation with mysql and it was confirmed by mysql via telephone whilst we were trying to sort out a way of continuing support for their product. Their website also confirms this although it's not put as clearly)

    12. Re:Please stop spreading FUD. by AvitarX · · Score: 1

      "The Market" would pay you nothing and charge you a fortune to breathe .... if it could get away with it ...</i>

      Then I, as part of the market will out compete you by paying nothing and charging a small fortune to breath.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    13. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      The GPL is viral, but not that viral. Whoever was on the other end of the phone was probably as vague as you are about your dynamic linking violation. Using mysql or any other third party GPL package or library should in no way stop you from releasing proprietary code for the rest of the system. There may be grounds for prosecution (IANAL etc.) but there is no legal basis for this claim. This article is a bunch of beat up hogwash swill and I'm sorry you were misinformed so badly by whomever you chatted with at mysql.

    14. Re:Please stop spreading FUD. by geminidomino · · Score: 1

      What part of the GPL covers dynamic linking? I know Stallman likes to claim that it's derivation and forces GPLed code, and of course MySQL would claim such, since they were probably bucking to get you to buy a commercial license...

      I don't think we'll get a solid definition of 'derived work' until it ends up before a judge, since that's the only one that matters anyway.

    15. Re:Please stop spreading FUD. by ps236 · · Score: 2, Insightful

      The market DOES decide. It decides which products to use based on their licences.

      If we need a library/component/whatever for our commercial software, we either look for commercial libraries or BSD/Apache/etc licenced libraries. We won't use GPL, it's just too much hassle. (eg for databases we use SQLite (Public Domain) or PostgreSQL (BSD), not MySQL (GPL)). The cost isn't necessarily the problem, as we'll happily use commercial libraries if their licence conditions are suitable, but licences to use GPL software in commercial products are often hideously expensive and/or badly managed.

      It is the author's right to use GPL if they want to - as long as they realise what they are doing. I'm not convinced that all do, and suspect that some just think that the GPL is an 'open source licence' (which it is) without realising the differences between that and BSD/Apache etc.

      So, the "market" will decide whether to use a BSD/Apache licenced component or a GPL's component. If BSD licenced products are available which are as good as/better than GPL licenced products, the GPL products will often 'lose out' as people looking for components to use will tend to use the simpler licenced products. However, there are many good GPL products which don't have equivalent BSD licenced products, and enough people wanting to use them either in other open source products, or standalone, so GPL still lives.

      GPL is really the result of a 'philosophy' - 'we think all software should be open source, so if we write anything that you want to use, we'll force you to be open source, or otherwise pay through the teeth', rather than just a wish to make their own software open source (which BSD/Apache style licences would cover with a lot less hassle). As long as you realise that, it all makes sense.

    16. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      Only because you linked to the GPL binary in making your binary. You used a GPLed work directly. If you say got another license from the author of the work to link against and make your work, then it would not be an issue.

      So lets say you got rights to use the other work, but you can't distribute it. You can create & compile your work against that other work, but can't distribute it w/ your work. But your end users should be able to download the GPLed version of the other work with no issues.

    17. Re:Please stop spreading FUD. by Tet · · Score: 1
      We won't use GPL, it's just too much hassle. (eg for databases we use SQLite (Public Domain) or PostgreSQL (BSD), not MySQL (GPL)).

      Wow. I suggest you go away and read up about how licensing works, because you're seriously misunderstanding the way it works if you believe the GPL is a problem here. The license for a standalone database like that is irrelevant. It only becomes a problem for you if you use an embedded database like BerkeleyDB. I can think of many arguments against using and shipping MySQL. But the license isn't one of them.

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    18. Re:Please stop spreading FUD. by Hatta · · Score: 1

      That's because people are horribly confused about even blindingly obvious simple cases of law.

      Is that the people's fault, or the law's fault?

      --
      Give me Classic Slashdot or give me death!
    19. Re:Please stop spreading FUD. by Omnifarious · · Score: 1

      If that's how everybody felt, we wouldn't have Free Software at all. I'm happy the GPLv2 exists, and even happier the GPLv3 exists. It prevents all of my hard work from being sucked into some stupid marketing machine and sold back to me with ribbons, bright packaging and no freedom.

    20. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      If the market is really left to the wild. None of what you said would be true.

      >>"The Market" would pay you nothing and charge you a fortune to breathe .... if it could get away with it ...

      As you are part of "The Market" you would also pay nothing to breath. So the price of breathing would be settled by "The Market" and would be free (maybe?).

      If a good is being made, the price "The Market" is willing to pay would be the cost of making that good + profit (defined by opportunity cost or other options the person has to spend his time on).

      There would be no "monopolies" or such things as "anti-competitive" practices. Only mercenary based military states. There would only be war or cooperation.

      Government intervention w/ laws, rules, and fairness is what creates an environment for concepts such as "anti-competitive" practices and "monopolies". Of course this path results in a more productive environment, but it has the counter issue of requiring constant counter intervention (anti-monopoly laws, no-dumping, fair use, ...). But it is a dangerious balancing act as too much intervention is either direction leads to massive longterm drop in efficiency and output.

      Remember, Western Europe and Eastern Asia traded for centuries if not a few thousand years with no oversight from a ruling body.

    21. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      You still broke copyright-law, you're still responsible for the damages arising therefrom.


      And since GPL'd code is given away freely, the damages are what exactly?

      Also, is this the same copyright law that music downloaders hate so much and want to go away? Two-edged sword, it seems.
    22. Re:Please stop spreading FUD. by ps236 · · Score: 1

      Erm, I suggest you go away and read it, right back at you :)

      http://www.mysql.com/company/legal/licensing/

      "For OEMs, ISVs, and VARs who distribute MySQL with their products, and do not license and distribute their source code under the GPL, MySQL provides a flexible OEM Commercial License"

      See. If we distribute MySQL with our software, we need a commercial licence unless we distribute our source code under the GPL.

      Also, if you link with the MySQL client libraries - those also use GPL, so you have to distribute the source code to your product. See http://www.mysql.com/company/legal/licensing/faq.html, the section titled "Previously, the MySQL client libraries were licensed under the LGPL (the Lesser General Public License) and now they use the GPL (the General Public License)."

      So, it's pretty hard (ie impossible) to use MySQL without either getting a commercial licence or releasing your own source code under the GPL (or other FOSS licence - using their FOSS licence exception)

      If you are doing otherwise, watch out!

      If you are selling a scripted solution (PHP,Python etc) and require the user to download and install MySQL themselves, you're probably OK, but if you are linking with their client libraries directly and/or distributing MySQL with your own software, you will fall foul of their licencing.

      So - that's why we use PostgreSQL or SQLite (depending on requirements) instead. Licencing is MUCH easier.

    23. Re:Please stop spreading FUD. by mdwh2 · · Score: 1

      No, the GPL is viral. They would have to supply the source code to people that bought the game. They don't have to supply it everybody, but they do have to supply it to people who bought the game and ask for the source.

      No, they don't. If they've violated copyright law, a court may order them to pay damages - just like we would have to do if we violated Sony's copyright. The same goes for LGPL and BSD. The option to supply source code and avoid paying damages is just a nice added option. Do you think Sony would give us that option if we were using their IP?

      So, yes..if they linked to libarc then they would have to GPL ICO as well.

      This only applies if you choose to accept the licence. No one is forced to.

    24. Re:Please stop spreading FUD. by s20451 · · Score: 1

      "The Market" would pay you nothing and charge you a fortune to breathe .... if it could get away with it ...

      I think you need to stop reading Naomi Klein, or stop trolling. The "market" is not the Monopoly dude, twirling his mustache while sitting on bags with dollar signs on them. The market is a mathematical mechanism for distributively assigning costs to goods, and has no anthropomorphic intentions or feelings. Furthermore, the market is remarkably successful at finding an efficient cost for each good. As a result, as long as you can get a lungful of air everywhere in the world for free, the "market" will never successfully charge you a cost for breathing.

      --
      Toronto-area transit rider? Rate your ride.
    25. Re:Please stop spreading FUD. by iMacGuy · · Score: 1

      GPL plugins to your own app that you didn't write can't go back and affect the copyright situation on your app. But that doesn't mean you can pretend things are plugins when they're actually required for use - I've seen video conversion apps, VisualHub and iSquint, that make you go and download ffmpeg (with --enable-gpl) separately so they can stay closed-source; but they wouldn't run without it, and I don't pretending it's an extra component could possibly help them legally. It hasn't come up as a problem, but only because nobody's told the ffmpeg developers about it.

      --
      Why won't slashdot let me change my terrible username :(
    26. Re:Please stop spreading FUD. by ajs318 · · Score: 1

      The problem with that line of thinking is that linking a closed-source application to a GPL library on your own computer constitutes Fair Dealing. It certainly creates a derivative work based upon two copyrighted works, distribution of which requires the consent of both copyright holders; but so long as the creation of that derivative work is a necessary intermediate step in the course of using the software for its Rightful Purpose, then it is Fair Dealing and not copyright infringement.

      --
      Je fume. Tu fumes. Nous fûmes!
    27. Re:Please stop spreading FUD. by ajs318 · · Score: 1

      See. If we distribute MySQL with our software, we need a commercial licence unless we distribute our source code under the GPL.
      Exactly. All you have to do, if you want to distribute MySQL with your software, is distribute your Source Code under the GPL. There is no problem.
      --
      Je fume. Tu fumes. Nous fûmes!
    28. Re:Please stop spreading FUD. by Dr.+Zowie · · Score: 1

      As a result, as long as you can get a lungful of air everywhere in the world for free, the "market" will never succesfully charge you a cost for breathing.


      Ah, that would explain why nobody buys bottled water at $1.50/bottle.

    29. Re:Please stop spreading FUD. by s20451 · · Score: 1

      Ah, that would explain why nobody buys bottled water at $1.50/bottle.

      If you're actually willing to pay an unnecessarily high price for water (or air for that matter), the market will certainly oblige you.

      --
      Toronto-area transit rider? Rate your ride.
    30. Re:Please stop spreading FUD. by JasterBobaMereel · · Score: 1

      "Western Europe and Eastern Asia traded for centuries if not a few thousand years with no oversight from a ruling body"

          Yes but this was a two player market with an advantage for both parties to trade (reasonably) fairly, since both had goods that the other wanted, so there could be no price fixing and no monopoly since their was only a mutual pair of buyers and sellers

      --
      Puteulanus fenestra mortis
    31. Re:Please stop spreading FUD. by JasterBobaMereel · · Score: 1

      I have never read Naomi Klein and I was responding to a post which said "Let the market decide" ...

          I know the market is a mechanism not a "thing", and if left alone will normally find an efficient cost, but it can also (unless stopped) raise the price as high as the customers will pay when there is a monopoly, this is where the market system fails and where you need a body (like a government) to control it (to a degree)

      --
      Puteulanus fenestra mortis
    32. Re:Please stop spreading FUD. by Covener · · Score: 1

      GPL goes beyond that, covering things like linking and dynamic loading.


      Don't confuse the FAQ and the license.
    33. Re:Please stop spreading FUD. by iamacat · · Score: 1

      Oh well, in this case I will just have to choose not to accept GPL and refrain from redistributing the work covered by that license. I am still entitled to fair use for the purpose of making products interoperable with the copyrighted work.

    34. Re:Please stop spreading FUD. by drew · · Score: 1

      The myth is in what that actually means. I am pretty sure that there are some people out there who think that just having a Linux CD in their office means they would have to release all of the software written in that office under the GPL, a perception that some commercial software companies have actively tried to create, even though it has no basis in reality.

      --
      If I don't put anything here, will anyone recognize me anymore?
    35. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      No, at that time, it was a highly multiplayered market. Although China, and Japan were somewhat unified, most other clusters of civilization were quite independent, much like Africa is today. Even a huge country like India (now India, Pakistan, & Bangladesh) was very divided with individual cultures, customs, and languages (they still are today, but much more so then). Eastern Europe included everything from present day Spain, the Mediterranean countries, and all the way up to Finland. And lets not forget all the land based trading being done by the region, what is today northeastern Africa stretching to western Pakistan.

      Today we think in terms of countries and at most states, but back then an area the size of Texas would have multiple kingdoms. Each with their own military, economic, and political strengths and weaknesses. Any monopolies (I have a mountain that grows blue rice that no one else in the world can grow...) that rose up would quickly die out either through wasted resources from protecting itself or by being taken over by more powerful entities.

      This market had no overseer, rules, regulations, or demanded ethics. Everything was survival of the fittest and worked through the invisible hand.

    36. Re:Please stop spreading FUD. by bigstrat2003 · · Score: 1

      Errrr.... no. They're all good licenses, with different goals behind them. Choose the one that's right for you. But don't criticize others because they happen to have different goals to you. Well, considering that Stallman apparently considers linking to a library to be making a derivative work, thus subjecting you to the terms of the GPL, I'd say the GPL is definitely shit. It seems completely glaringly obvious to me that using a library is not derivation in any way. Certainly you should be required to distribute the source of the library with your app, but GPL'ing the whole app? That's ridiculous.
      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    37. Re:Please stop spreading FUD. by Tet · · Score: 1
      If we distribute MySQL with our software, we need a commercial licence unless we distribute our source code under the GPL.

      Nope. They provide a commercial license. You don't have to use it. You could use the GPLed version instead, without needing to release any of your code under the GPL. But having said that...

      the MySQL client libraries - those also use GPL

      I wasn't aware of that bit. Although you can quite happily ship the MySQL database with your product without GPLing your own code, it's essentially not particularly useful without the client libraries. So yes, I take it back. In your case, shipping MySQL would cause licensing problems for you. But then again, PostgreSQL's a better database anyway, so it's not as if you're losing out :-)

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
    38. Re:Please stop spreading FUD. by Rogerborg · · Score: 1

      They would have to supply the source code to people that bought the game.

      True.

      They don't have to supply it everybody,

      False.

      They can charge for the source,

      True.

      but no more then they charged for the game itself.

      False.

      Please - just stop. Please stop spouting such utter claptrap about a license that you have either not read or not understood. It's not that long, or hard to comprehend. The power to not look like an utter fool is within you. Just. Read. The. License.

      --
      If you were blocking sigs, you wouldn't have to read this.
    39. Re:Please stop spreading FUD. by Eivind · · Score: 1

      The amount of damages is for a court to decide. GPL-programs don't need to be free by the way. (they often are, but there's nothing preventing me from writing a program and offering it to you under the GPL for $50000, say)

      The damages are unlikely to be zero even if the product is available for zero cost. Even if a band has a certain song available for free on their homepage, this doesn't mean a radio-station can play it without paying them for it, or a record-company put it on a CD and sell it.

      The strictest punishment is still probably in many cases that you're barred from further distributing your product. It contains copyrigthed material from someone, and you have no license to distribute that, afterall. Stopping distribution of a product is very costly, even if you pay little monetary damages. (this applies less when the product is no longer being sold anyway offcourse)

      There is no conflict with copyright law. It's perfectly self-consistent to say:

      "I'd prefer if all works where shared freely. However under current law I'm not allowed to use -your- works for free, so aslong as that's the case I don't want you to use -mine- without conditions either."

      Besides, it's not the same people. There's no particular reason to think that whoever wrote the library that ended up in ICO is also a music-downloader, or for that matter that the person is a copyright-hater.

    40. Re:Please stop spreading FUD. by Eivind · · Score: 1

      Both, frankly.

      Law, or more precisely, lawmakers, are guilty of creating a complex, ever-growing MASSIVE amount of law, large enough that it's essentially impossible for anyone to know the whole of it. Even lawyers have to specialise on a small area of law.

      But the basics are still -basics-. People should know them. Not knowing your (aproximate!) rights -WILL- hurt you. Which particular laws is important to know (the basics about) varies with jurisdiction. I'm from Norway, I would say an average individual here should know the basics on criminal, consumer-protection, worker-protection and copyright -- the latter only if you work with copyrigthed works or if you share and copy material. (most young people do, many older people don't) If you're renting your dwelling, it's also a good idea to know basics about renter-protection.

      This ain't hard. And it ain't complicated. Just the basics. Learning the above takes a day or two, literally.

    41. Re:Please stop spreading FUD. by Anonymous Coward · · Score: 0

      I wasn't aware of that bit. Although you can quite happily ship the MySQL database with your product without GPLing your own code

      Try doing that, and then try explaining it to MySQL AB's lawyers. They have a peculiar interpretation of the GPL.

  10. What is it? by eggman9713 · · Score: 0

    Why have I never heard of this game? And in a related question, why do I want the source code for a game I have never heard of?

    1. Re:What is it? by samurphy21 · · Score: 1

      I suspect its because you either are not a gamer, don't read gamer publications, or live under some sort of gamer rock. I am a mild to non gamer myself, and have heard of this game, though I have never seen it or played it nor was I sure what platform it was for or who had created it. Penny Arcade had several comics regarding it, and many times I've seen gamers nerdgasm over it's puzzles and gameplay on forums.

      But yes, your point of "I don't care about this, so why should I care" is well taken.

    2. Re:What is it? by RogueyWon · · Score: 5, Informative

      The game is an excellent (but now dated) adventure/puzzle game (with minor action elements), that was something of a sleeper hit in the early-ish days of the PS2, before its software library became the unstoppable juggernaut it eventually turned into.

      The basic concept of the game is that the player, who takes the role of a boy with horns, left in a mysterious castle as a sacrifice, must guide a mute girl around and eventually out of said castle, fighting against shadowy enemies and solving increasingly complicated puzzles. The game was notable for a number of reasons.

      First, it had a striking visual and aural style. Unlike many early PS2 games, it turned away from bright colours and fancy coloured lighting effects, adopting a colour scheme that verged on monochrome at times, with a heavy emphasis on contrasting light and dark areas. The music was distinctly minimalist, but fitted the game well enough that the soundtrack went on to sell well in its own right.

      The game-play was also notable. By contrast with the excess of button-mashing titles that dominated the PS2 scene at the time, Ico had a slower, more thoughtful pace. Combat elements were largely perfunctory - the real challenge was in defeating the puzzles posed by the game environment. In some respects, the gameplay had many parallels to that of the 3d Zelda games, although Ico placed higher degree of emphasis upon artistry than almost anything else around at the time on any platform. There was no enthusiastic voice-over urging you on to rack up big combo attacks, or to rush to the next objective before the bomb went off. Instead, the player experienced a mix of trepidation and a genuine sense of exploration as he made his way through the game world.

      Ico never became a huge seller and never got a huge mainstream following. Nevertheless, it's an important part of gaming history. It was the first game to really use the power of its console generation to deliver something other than fancy special effects. It set new standards for story-telling, that remain influential even today. It spawned a "spiritual successor", in the form of "Shadow of the Colossus" (released relatively late in the PS2's life-cycle), which took many of Ico's concepts and developed them further, with greater technical expertise, to deliver an experience which was simultanously substantially flawed and deeply engaging.

      So yes, we should care about Ico.

    3. Re:What is it? by The+Evil+Couch · · Score: 4, Funny

      why do I want the source code for a game I have never heard of?

      Because you're tired of playing Tux Racer and the other two GPLed games? :p

    4. Re:What is it? by HappySmileMan · · Score: 2, Funny

      Hey hey, Tux Racer, Battle for Wesnoth, Super Tux, Secret Maryo Chronicles and that game with the bouncing balls, that's at least FIVE GPL games right there, more than enough for any serious gamer, now stop spreading FUD because I set RMS on you.

    5. Re:What is it? by fireboy1919 · · Score: 1

      To summarize, it was just a Zork/Myth-genre game for PS2, with the added continual challenge of having to drag around a retarded mute girl (seriously...she might as well have been a sack of flour).

      First, it had a striking visual and aural style. Unlike many early PS2 games, it turned away from bright colours and fancy coloured lighting effects, adopting a colour scheme that verged on monochrome at times, with a heavy emphasis on contrasting light and dark areas. The music was distinctly minimalist, but fitted the game well enough that the soundtrack went on to sell well in its own right.

      Nevertheless, it's an important part of gaming history. It was the first game to really use the power of its console generation to deliver something other than fancy special effects. It set new standards for story-telling, that remain influential even today.


      Of course, it wasn't actually the first game of such a type even for Playstation. Legacy of Kain, which did have fighting, had a general focus on puzzles of the same variety, as well as a muted, artful style. And as mentioned, the artful style was a repeat of Myth, which was the result of the gradual progression from text adventures to graphical versions of the same kind of game. It might have been the first for PS2...

      which was simultanously substantially flawed and deeply engaging.

      This is essentially how I felt about ICO. Despite neat puzzles and a lack of focus on action, there was far too much focus on the controls. Once I solve the puzzle, it should be easy to put my solution into action. I shouldn't have to practice for a bit to get the controls to a point where I can implement my solution. That's what fighting games are for. So from the perspective of someone who has loved puzzle games like this, ICO seemed a sad remake of past glory.

      It strikes me as a game that doesn't appeal to action gamers because of a lack of action (and puzzles that are too hard), and doesn't appeal to puzzle gamers because of too much action. It hits a "sweet spot" that appeals to virtually no one.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    6. Re:What is it? by sqlrob · · Score: 1

      At least a sack of flour doesn't $*@)$*( wander away

    7. Re:What is it? by Pi+Is+A+Rational · · Score: 1

      I may be wrong but isn't Warsow, Industri (Tenebrae2 Version), and Nexuiz all GPL games? I'm personally a Windows User but these three games are really good for being free with the source code. I'm not up to snuff on GPL, LGPL and all of that so I may be entirely wrong. But yes, I do remember years back messing with RedHat Linux 8 and was dissapointed that the only decent game that came with it was Tux Racer. Then again, I never bothered to pursue the world of free software. I don't hate Linux or anything like that, I'm just comfortable with Windows. I'd rather just install the game normally and have it straight up work. I don't want to try running it in WINE or a virtual machine, etc.

    8. Re:What is it? by gEvil+(beta) · · Score: 2, Interesting

      It strikes me as a game that doesn't appeal to action gamers because of a lack of action (and puzzles that are too hard), and doesn't appeal to puzzle gamers because of too much action. It hits a "sweet spot" that appeals to virtually no one.

      I found it perfect for me. I'm not a hardcore gamer, and I'm certainly not a fan of twitchy shooters (getting my ass handed to me in FEAR Combat for an hour or so a month does me fine). I loved the slow, deliberate pace of the puzzles in Ico. I didn't find any of them incredibly difficult, and I'm not sure what you meant about having to practice implementing your solution--when I figured out what needed to be done I pretty much went and did it (fighting off the smoke guys in a few places made this a little difficult). Ico was one of the first games I picked up for my PS2, and I still feel it was the best one I played on that system (I thought Shadow was so-so).

      --
      This guy's the limit!
    9. Re:What is it? by Faylone · · Score: 1

      Star Control 2's code has been released under the GPL, and now continues to be developed as The Ur-Quan Masters. http://sc2.sourceforge.net/ Damn fun game!

    10. Re:What is it? by Turn-X+Alphonse · · Score: 2, Interesting

      Funny because ICO is one of my favourite games ever. I found it kept the old puzzle game style (Easy puzzles with non-obvious solutions that you can do in a heart beat one you realise them) and a HUGE world to explore, where everything is polished and impressive.

      ICO's "greatness" comes in that it just tries to be ICO, it's not some uber deep beat em up and it's not some impossible to finish puzzle game. It's just a sleepy little world where you explore and make your way out of the castle at your own pace. Some puzzles are damn hard, some puzzles are damn easy, but the point is that if you wanted you could easily just run around a room admiring the world as easy as you could play it like a speed run.

      Maybe it doesn't appeal to the mainstream, but most my friends consider ICO to be a classic because it feels and plays like nothing else. The "vibe" the game gives off is easily one of the deepest and most impressive of all the games I've played in my 15 years of gaming.

      --
      I like muppets.
    11. Re:What is it? by merreborn · · Score: 1

      why do I want the source code for a game I have never heard of?
      Because you're tired of playing Tux Racer and the other two GPLed games? :p
      Just 'cause I'm the kind of dork that replies seriously to sarcastic posts:

      http://en.wikipedia.org/wiki/List_of_open_source_games
    12. Re:What is it? by ASimPerson · · Score: 1
      --
      In 3010, the potatoes triumphed
    13. Re:What is it? by Jonny_eh · · Score: 1

      Even if ICO's source code was released under th GPL (which isn't gonna happen), then we'd still be missing the media content.

      Unless you want to supply your own textures, models, sound effects, and music, then I recommend you stick to Tux Racer as a playable game.

      It would only benefit developers at first, but everyone here knows that already.

    14. Re:What is it? by Wyzard · · Score: 1

      I didn't play Ico until after I'd played Sands of Time, and at face value it seems like essentially a precursor to Sands of Time with graphics that aren't quite as nice. It has more depth to it, though much of it is left unexplained -- I wanted to know more about the backstory, like why that castle was there and how the tradition of sacrificing horned children there came about.

      Another poster commented on the use of light and shadow in Ico, and that's something I found very interesting as well. It's not just the artwork, but the environment and the characters too: the Queen and her minions are shadowy and evil, but the gates of the castle are operated by giant beams of sunlight, and Yorda practically glows. I feel like there must be there some significance to that, but it's left a mystery by the game; I have to settle for my own speculation.

      BTW, Yorda isn't mute: she does speak a few times during the game. She just doesn't talk much because she and Ico don't understand each other's language. (The Japanese version has an option to make her words understandable on the second play-through, but that feature didn't make it into the US and European releases. You can find her translated dialogue on the web though.)

  11. Re:Sony won't have to release source code to game. by SmackedFly · · Score: 1

    Not true, that is the function of the LGPL, the GPL however has no such limitations. If you link part of a GPL library into your software, that software must be GPL. In effect you are actually including parts of the GPL code into your own program, and therefore this is viral. (And no, viral isn't necessarily a bad thing, but it is the best way to describe it)

  12. Re:Sony won't have to release source code to game. by Anonymous Coward · · Score: 0

    I'm not sure I get you here, but the GPL "infects" even through dynamically linked code. So yes, they may have to release the entire game.

    There is no distinction in the GPL between "integrating into their code base" and linking. Because there really is no difference technically (it's all just object files linked together at build time or at run time).

  13. No they won;t have to release the source by 91degrees · · Score: 2, Informative

    Other code is covered by other licences. These licences most likely explicitely restrict them from releasing the code. The GPL doesn't superscede these other licences.

    This is a simple case of copyright infringement. Sony will be obliged to pay damages, and possibly withdraw the game from sale.

    1. Re:No they won;t have to release the source by jeremyp · · Score: 1

      Not necessarily.

      The author of the code may have granted Sony a commercial licence to use it.

      The author of the code may have been hired by Sony and reused it while writing the game.

      The author of the code may have been an employee of Sony and may have originally written it while writing the game and decided to also release it under the GPL.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
  14. How can this happen? by Thanshin · · Score: 2, Insightful

    I've always thought that knowing the origin of all code is standard procedure. Where I've worked, hiding such a thing is reason enough to fire someone.

    Didn't they check? Or they knew perfectly well what they were doing but didn't care. I suppose it's the second.

    They didn't care because they are incompetent? Or simply their lawyers told them it didn't matter. I suppose it's the second.

    1. Re:How can this happen? by Anonymous Coward · · Score: 0

      While that is optimal, it's by no means common. I was a lawyer at a multinational software company for a while - we tried to keep track of code coming in while I was there, but we had NO CLUE about older code. It could have come from anywhere. And tracking what came in took a LOT of resources - hundreds of hours of lawyer-time per piece of code, so I'm not surprised if other companies don't devote that kind of effort to it.

  15. Re:Sony won't have to release source code to game. by pmontra · · Score: 5, Informative

    I think you are confusing the GPL with the LGPL. If a library is licensed under the GPL, the program that uses it is GPLed too. You have to link a library licensed under LGPL if you want to keep your software proprietary. That's exactly what the LGPL has been made for.

  16. Re:Sony won't have to release source code to game. by Anonymous Coward · · Score: 0

    Mod parent wrong. Compiled in GPL libraries definitely make it a derivative work.

    The copyright owner is the only one who can act though so if they can't be found or they accept settlement from Sony the source code can stay private.

  17. Sony has three options by El_Muerte_TDS · · Score: 4, Informative

    1) release the code for ICO under a GPL compatible license (and thereby conforming to the GPL)
    2) license the library under different terms (might be difficult depending on the fact if all copyright holders agree to do this)
    3) violate copyright (and thereby enter the usual legal road for copyright violations)

    They don't have to release the code if they don't want to.

    1. Re:Sony has three options by Anonymous Coward · · Score: 0

      To be precise, Sony can do many things, but all of the options you mentioned are either illegal or contingent on the goodwill of the authors who wrote the GPL'd code:

      If you don't comply with the GPL, you lose the right to distribute the code. There is no provision in the license which allows you to correct your mistake by complying later on. There goes 1), unless the authors who have the right to the code make an exception for you.

      If you don't want to or can not comply with the GPL, you can ask the authors to license their work to you under a different license. That is obviously not an option which can give a result through the licensee's unilateral action.

      They have already infringed on the copyright of the library authors (assuming that the claim is correct), so continuing down that path "only" adds willfulness to the infringement claim.

      They don't have to release the source unless a court decides that that is the only acceptable remedy for the infringement that has already occurred, which is unlikely. But after all, they have no automatic way out of the copyright infringement, and making the game source GPL may not cost them as much as being convicted of copyright infringement, so that is always something they can offer to try and appease the rights owners.

    2. Re:Sony has three options by msormune · · Score: 1

      4) Do nothing and try to let it blow over.

    3. Re:Sony has three options by mzs · · Score: 1

      4) stop distribution

      Honestly it is a game from 2001, I bet that might be the simplest thing.

    4. Re:Sony has three options by Lemmy+Caution · · Score: 1

      However, it is a critically praised and groundbreaking game, one that is on many people's shortlist for the most aesthetically innovative commercial games yet made. So far, looking at the comments, I've seen little discussion of this fact.

      Games aren't just software, they are also cultural artifacts (in a way that productivity and utility software are not); they are texts of a sort. This case should foreground the unusual dual nature of digital games.

  18. I see lawyers.. by DraconPern · · Score: 5, Funny

    Arm chair lawyer alert! Slashdot, where programmers become legal vigilantes.

    1. Re:I see lawyers.. by British · · Score: 1

      So let me get this straight.

      Prosecuting MP3 downloaders = bad
      Prosecuting GPL violators = good

      Huh?

      I swear, once a year we get some Slashdot story of a GPL violation where the submitter tries to stir up an angry fedora-hat & rimmed glasses wearing mob, and fails.

    2. Re:I see lawyers.. by mdwh2 · · Score: 1

      Prosecuting MP3 downloaders = bad
      Prosecuting GPL violators = good


      It's more the scale of it - an individual making a copy of something, vs someone distributing something for profit.

      If there was an article about someone selling pirated copies of a song, especially one where they tried to pass it off as their own work, or perhaps a case where Sony IP was used in a GPL product without permission, I doubt there'd much sympathy.

    3. Re:I see lawyers.. by Creepy+Crawler · · Score: 1

      In terms of the US copyright act of 1974, for or non-profit status means nothing.

      The key here is unknown infringement - 200$ per or known willing infringement - 150000$ per.

      These are the statutory damages inflicted by that dated copyright law, and the basis of challenging unconstitutionality the recent case Ray Beckerman has via UMG v. Lindor.

      I was able to glean the sales figures of ICO through the world They are as follows...

      USA (09/26/01) - 250,000 units
      Japan (12/06/01) - 160,000 units
      Asia (01/13/02) - 20,000 units
      South Korea (02/22/02) - 20,000 units
      Europe (03/20/02) - 200,000 units

      If we use the RIAA standard of 750$ per infringement, the payment for the US alone is 187.5 million$. Worldwide infringements would be in the ballpark of 487.5 million- almost a half of a billion dollars.

      --
  19. Re:Sony won't have to release source code to game. by ThirdPrize · · Score: 1

    How do these libraries save time and money if you have to hire a lawyer first to see what you can actually do with it?

    --
    I have excellent Karma and I am not afraid to Troll it.
  20. Confused: libarc doesn't seem to be GPL by renoX · · Score: 4, Interesting

    Looking at libarc website http://libarc.sourceforge.net/: the license indicated here isn't the GPL..

    So either it's not the same libarc or its license has changed or the website is incorrect or the issue happen in some other file but not in libarc..

    1. Re:Confused: libarc doesn't seem to be GPL by xenocide2 · · Score: 1

      In all claims, you should be looking at the header files on the individual source files, not what a project source claims. At any rate, all we've really found out thus far is that the code appears to be duplicated. It's possible that they both plagarized the same third source. But unlikely.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    2. Re:Confused: libarc doesn't seem to be GPL by Anonymous Coward · · Score: 0

      The Slashdot article freely admits that the libarc is simply a relicensing of the BSDL zlib, with very few modifications.

    3. Re:Confused: libarc doesn't seem to be GPL by rjames13 · · Score: 5, Informative

      Looking at libarc website http://libarc.sourceforge.net/: the license indicated here isn't the GPL..

      So either it's not the same libarc or its license has changed or the website is incorrect or the issue happen in some other file but not in libarc..

      Yeah I found that libarc too. But the article appears to be talking about another libarc from Link to articles libarc It is written in C the libarc you found is written in C++. Not the same program, confusing names, how many libarcs are there?

    4. Re:Confused: libarc doesn't seem to be GPL by johannesg · · Score: 1

      Are you telling me that the license file could be incorrect, and that to know for sure I would need to manually inspect every last line of source code to see if a different license file is specified?

      1. I cannot see that hold up in court, but I'm not a lawyer.

      2. That means using Open Source software has just become about a thousand times more expensive. Rather than just send the license file down to our lawyers, now we need them to read the entire source code? That will be an easy answer then: "buy some commercial library instead".

      But in this case I happen to agree with the first poster: libarc appears to be covered by a NON-GPL license and therefore Sony is not going to have any problems. Even if libarc itself turns out to be in violation of GPL'ed code, then it is the problem of its author, rather than Sony.

      On the other hand, if people do sue Sony over this, I fully expect it to become a Microsoft slide entitled "risks of open source software - even if you comply with the license you are at risk..."

    5. Re:Confused: libarc doesn't seem to be GPL by aug24 · · Score: 1

      I looked at this earlier, but it has a different developer and is listed as pre-alpha, so I think it's a different thing. The correct one (linked from TFA) is a japanese language page that I couldn't view, much less read ;-)

      J.

      --
      You're only jealous cos the little penguins are talking to me.
    6. Re:Confused: libarc doesn't seem to be GPL by KanjiMonster · · Score: 2, Informative

      Are you telling me that the license file could be incorrect, and that to know for sure I would need to manually inspect every last line of source code to see if a different license file is specified?
      But in this case I happen to agree with the first poster: libarc appears to be covered by a NON-GPL license and therefore Sony is not going to have any problems. Even if libarc itself turns out to be in violation of GPL'ed code, then it is the problem of its author, rather than Sony. You are still thinking of the wrong libarc. The article talks about this librarycalled libarc, and if you open the archive for the source you find a file COPYING that contains the GPL licence.
      And that is the only licence given for this library, no other is mentioned elsewere.
    7. Re:Confused: libarc doesn't seem to be GPL by Anonymous Coward · · Score: 0

      different libarc. It is this one they are concerned about:
      http://www.onicos.com/staff/iz/release/libarc-2.0.2.tar.gz

    8. Re:Confused: libarc doesn't seem to be GPL by muyuubyou · · Score: 1

      Here http://sourceforge.net/projects/libarc/ ... it specifies BSD license.

    9. Re:Confused: libarc doesn't seem to be GPL by ricegf · · Score: 1

      I would need to manually inspect every last line of source code...

      Oh, it's not a bad as all that - just inspect the top of every source file. In a good application, they have a copyright notice (asserting ownership) and a distribution license (GPL, BSD, whatever) at the top of every file. So, build a spreadsheet with filename, version, owner and license for each file, then verify that all of the licenses are compatible (check the Free Software Foundation's discussion on this if you need help). Any files without the above information will require either further research, or replacement with a compatible file (custom or properly licensed). Any improperly licensed files must be replaced or deleted. If you've made any changes, rebuild your custom distribution, and ask an authorized agent of your employer to assume any remaining legal risk. Now you can claim "due diligence" if you're sued.

      See? Not so hard. But potentially expensive given a large application (some have tens of thousands of files).

      That means using Open Source software has just become about a thousand times more expensive.

      Right you are. Well, right you sorta are. It depends on the cost of a comparable proprietary application, of course, and the value of the differences in functionality to you, and whether you can pay a distribution vendor to assume the legal risk of the open source option for you. What, you thought IT folks just impeded your work? ;-)

      In the corporate world - well, at least mine (Fortune 50) and those at similarly sized companies with whom I've talked - we'd much rather pay for a commercially supported (and legally indemnified) distribution of an open source application than to do the necessary due diligence on every file in an open source application ourself.

      Most of the open source applications we've analyzed had at least some licensing issues that we needed to address in a custom distribution before using, too.

      Note that I'm *not* saying that proprietary applications have fewer source file licensing issues than open source applications. However, performing due diligence on a proprietary application is cheap, because you (typically) only have access to a single license and none of the source files. They may or may not assume liability for copyright infringements (EULAs are such slippery creatures), but that's one of the considerations in selecting an application for corporate use.

      Open source offers a lot of advantages, but "download and use without thinking" just isn't one of them.

    10. Re:Confused: libarc doesn't seem to be GPL by Anonymous Coward · · Score: 0

      Where would Slashdot be without its regular stories written by drooling simian submitters unable to tell the difference between a BSD license and the GPL variants, eh?

      The real problem is Slashdot editors not even doing the most basic of content checks before flinging license violation allegations like this onto their front page. Are they running this site on auto-pilot or what?

    11. Re:Confused: libarc doesn't seem to be GPL by Anonymous Coward · · Score: 0

      Are they running this site on auto-pilot or what?

      Well, it was posted by kdawson...

    12. Re:Confused: libarc doesn't seem to be GPL by villoks · · Score: 1

      Yeah, it's always good to remember that project license != individual file license. Luckily there's an open source tool, which aims to help doing that inspection: http://sourceforge.net/projects/oslc

    13. Re:Confused: libarc doesn't seem to be GPL by mqduck · · Score: 1

      Not the same program, confusing names, how many libarcs are there? Just a guess: Perhaps Sony got confused too, and that's why they thought they could use it?
      --
      Property is theft.
    14. Re:Confused: libarc doesn't seem to be GPL by Goaway · · Score: 1

      Not that I don't like harping on the Slashdot editors as much as the next guy, but the grandparent poster is looking at the wrong libarc here. The article links to the right one, which is GPL.

    15. Re:Confused: libarc doesn't seem to be GPL by ajs318 · · Score: 1

      Are you telling me that the license file could be incorrect, and that to know for sure I would need to manually inspect every last line of source code to see if a different license file is specified?
      Not necessarily. You could always just take the easy way out, and release the Source Code with proven build instructions.
      --
      Je fume. Tu fumes. Nous fûmes!
    16. Re:Confused: libarc doesn't seem to be GPL by johannesg · · Score: 1

      That seems rather shortsighted. What if one of the files in the library you are linking to has the following text, somewhere in the middle?

      "LICENSE: under no circumstance you are you allowed to GPL this code, or to link this code to another piece of code that is under GPL. Failure to do so will cause immediate termination of your license for this piece of code."

      You'd be royally screwed, if you just happened to link to some GPL'ed code as well - especially if your code is out there for all to see.

      And yes, I know it is not very likely to happen, but can you really be sure if you haven't inspected all those lines of code? Would your company lawyers accept it?

      I still don't buy that the license file itself isn't sufficient. Having to inspect every file for contradictions to this license file is madness.

    17. Re:Confused: libarc doesn't seem to be GPL by Anonymous Coward · · Score: 0

      BAH! Trademark infringement! Wow, wrap your mind around that one. :)

    18. Re:Confused: libarc doesn't seem to be GPL by xenocide2 · · Score: 1

      Apologies for a slight confusion I may have caused. I meant to type "not what the project site claims".

      But yes, the LICENSE file may be incorrect. I've seen it happen. Someone decides to include code, leaves the copyright and license on the file alone, but clearly contradicting the LICENSE file. In fact, the LICENSE file should be treated as a legal include file. If the code says "See LICENSING" then see licensing, other wise, whats the file itself says is all you get. Mostly, copyright should be placed at the top of a source file.

      Ohloh already automates the process of examining licenses somewhat. Lawyers aren't that much of the equation. If you're seriously worried about law, write the open source software library guy and request a written offer to the code under the terms of the GPL, or whatever you want. Maybe offer a couple hundred dollars for the time he takes to do so.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

  21. Re:Sony won't have to release source code to game. by k.a.f. · · Score: 1

    [ ] You understand what `implement' means.

  22. MOD PARENT DOWN: Talking out of his ass by Alphager · · Score: 1, Insightful

    The parent has no clue and is confusing the GPL with the LGPL.

  23. GPL Violations by CalicoDreams · · Score: 0, Troll
    Hi, this is an information post; in that I would like some information.

    I do a little bit of programming (for my own personal systems, mainly embedded) and I understand that for personal use the GPL and its lawyers will NOT prosecute me and chase me across the outback as I am one single person.

    However, I would like to know (and I am asking on slashdot because I am confused not because I dont understand how to use google) how I can use GPL'ed code and libraries within my own work and NOT have to release my code.

    Thanks in advance

    1. Re:GPL Violations by xenocide2 · · Score: 1

      Don't distribute your work, in source or binaries. You're free to modify as you deem fit. But if you distribute to others, you're supposed to do so under the license. That's the terms of the GPL deal, you're free to reject them but usually the only alternative is not using the software.

      But is the source code work of a single man something to be hoarded so? The GPL was also designed to protect your clients, who perhaps you only ship binaries to. Because someday the author might be a client, and wishes to receive the rights as well.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    2. Re:GPL Violations by TuringTest · · Score: 1

      Easy one: don't give your binaries to anybody, then you won't have to release your source code. Not joking, the GPL works that way.

      OTOH, if you release your compiled code without the source, the authors of the GPL code you included COULD go after you, even if you "are one single person".

      (This looks like IHBT, but anyway)...

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
    3. Re:GPL Violations by 91degrees · · Score: 1

      So, you want to use some libraries, but don't want to pay for them?

      Fair enough, but why stick to the GPL? There are a lot of high quality commercial licences you can pirate as well.

    4. Re:GPL Violations by Half-pint+HAL · · Score: 1

      The reason you're safe is not that you're small fry -- the GPL says that if you distribute derivative programs or systems, these have to be under the same license. Personal use is not distribution.

      Many web companies are thought to have been taking advantage of this for years. It is claimed that many of the web services we receive are based on in-house improvements of open source code. As their in-house version is never distributed, there is no requirement to distribute the source code (which would help their competitors.

      If you wish to distribute something incorporating GPL/LGPL/[insert-name-of-license-here] code without adopting the license, you have to contact all named contributors in the version history for their permission (it is, after all, their work).

      HAL.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    5. Re:GPL Violations by MortyKnox · · Score: 1

      The key word is distribution, whatever you do with GPL'ed code is up to you, if you distribute it to others, with or without payment, you have to obey by the GPL by releasing the source. I.E. you can not sell/take credit for other ppl's work.

    6. Re:GPL Violations by rjames13 · · Score: 1

      Hi, this is an information post; in that I would like some information.

      I do a little bit of programming (for my own personal systems, mainly embedded) and I understand that for personal use the GPL and its lawyers will NOT prosecute me and chase me across the outback as I am one single person.

      However, I would like to know (and I am asking on slashdot because I am confused not because I dont understand how to use google) how I can use GPL'ed code and libraries within my own work and NOT have to release my code.

      Thanks in advance

      I have code that I have put under the GPL and NONE of you can have it (because it shows how crap I am at C++). The reason I can do that is because under the GPL I would have to distribute this code to someone else for the re-distribution of code clauses to have any effect. Even then only those I have given the code to can ask for it from me, then the code is out of my hands and they have the freedom to re-distribute it with the same freedoms as given under the GPL

      The GPL is not about stealing peoples code and making it public. It is about ensuring that the freedom you get from the code is passed onto those who you give the code to.

      Besides you will rarely encounter GPL'ed libraries most are LGPL and that freedom thing does not apply to that. If you have any real further questions I suggest that you send an email to the FSF and ask them about it.

    7. Re:GPL Violations by SharpFang · · Score: 1

      Even worse than that...
      GPL is non-revokable.

      You can dual-license a program you wrote from scratch. Legally it looks like this: you have 'root' version which is 'closeware' - "Nobody but me is allowed to use it, and I am allowed to change the license", and two 'branches' - GPL and the other license. Practically you don't but that's somewhat moot. You're allowed to develop the 'root' and upgrade the 'branches' according to your changes to 'root' but you're not allowed to backport users' changes to the GPL branch into the 'root' and Commercial branch.

      You can't dual-license a program that has GPL components in itself. Your root is GPL and you can't relicense it. And even if the original author of the program you based your own on releases a second version under some license you need, your own 'root' is based on the GPL branch and is GPL. You can't change it. You may at best write a second version, a total rewrite from scratch, using the commercial version of the library as basis.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    8. Re:GPL Violations by dovgr · · Score: 1
      There actually are a couple of other ways that may be considered loopholes of the GPL, and these are:
      • Run the GPL code as a separate process, i.e. fork() and exec() the program with whatever parameters you want to pass it in the command line, and collect the output.
      • If you need more complex interaction, then wrap the GPL code within a server architecture, and communicate with this server from your program e.g. through tcp/ip. You still have to release your server code under GPL, but that might not be a problem. This is the loophole that the new license GPL variant (whose name I forgot at the moment) is trying to close.
    9. Re:GPL Violations by CalicoDreams · · Score: 1
      Why do i need to pirate something?

      I have very limited needs that pertain to me; my issues concerning the GPL is not to do with not recognising someone elses work (I am more that happy to). My issue is that I want to keep my work, as a deriviate of their work (or more precisely, my code uses their code to do a specifc function and I use what it spits out ) entirely my own.

      Am i better off just writing all of my own code from scratch?

    10. Re:GPL Violations by m94mni · · Score: 1

      If you use GPL works without adhering to the license, you *are* pirating. That's why the above poster said you could as well pirate any number of other apps.

      GPL is not about attribution. GPL is about not being allowed to create derivative works and keep the source hidden. A library choses GPL because it does not want applications like your to exist.

      Yes, you are better off writing this code from scratch.

    11. Re:GPL Violations by oglueck · · Score: 1

      This is the loophole that the new license GPL variant (whose name I forgot at the moment) is trying to close.
      You mean the AGPL.

    12. Re:GPL Violations by totally+bogus+dude · · Score: 4, Informative

      Am i better off just writing all of my own code from scratch?

      If you intend to distribute your program to others, then yes, though you might want to investigate some other options first.

      • Write it all yourself. Pros: you can license it however the hell you want. Also, you'll understand how every bit of your program works in great detail. Cons: it takes longer, and you're probably not an expert at everything so some parts of the finished program might not be as good or well-tested as they could be if you used a library from someone else.
      • Use a commercial library. Pros: will probably be fine to distribute in binary form (but make sure you read the license for any library you're considering). Saves you time, and you probably get support from the author. Cons: costs money, may impose additional restrictions on what you can do (read the license carefully!)
      • Use GPL licensed code. Pros: you can see the code, others can see the code, if it's a project with even a moderate sized userbase it's likely to be high quality and well tested, and lots of people able to provide support for it. Cons: you have to release the code to your own program.
      • Use LGPL licensed code. Pros: same as for GPL code. Cons: you have to make it possible for people you distribute your program to to re-link your code with the LGPL library (e.g. newer version or one with bug fixes you can't be bothered shipping).
      • Use code under a more permissive license, e.g. BSD. Pros: same as for GPL code. Cons: not many. Normally they have an advertising/credit clause, but you're okay with that.

      If there's particular GPL code you want to use, you could consider contacting the author directly (assuming you can establish a particular copyright holder) and explain what you want to do and see if they're willing to grant you use of their code under a different license. This can be a bit thorny: if they've accepted contributions from other people who haven't explicitly signed their copyright over to them, then the author does not have a legal right to re-license other people's work.

      First though, I'd urge you to reconsider your aversion to the GPL. Chances are whatever you're doing isn't particularly unique and masterful, and you'll lose less than you'd think by making the code available.

      Another "sneaky" tactic would be to consider who you're distributing the binaries to. You don't have to provide the source with them, only an offer (good for 3 years) to do so. So, if the people you're giving your small project to aren't likely to be interested in the source, you could take that gamble. You don't have to provide the source to anyone you didn't distribute your software to (but be aware that if you put it on a public web site, anybody can download it, and that's distribution). Just be prepared for the possibility that someone will ask for it, and be prepared to hand it over with a smile.

      (IANAL, and this is not legal advice.)

    13. Re:GPL Violations by 91degrees · · Score: 1

      You only need to release the code to people who you give the executable to. i.e. yourself by the sound of it. Companies use custom modified GPL tools in-house all the time without releasing the code.

    14. Re:GPL Violations by Johnno74 · · Score: 1

      Not sure why you were modded troll.

      If you don't distribute the code you modify, you can do what you like with it. The GPL says that if you modify something AND distribute it, you must provide the source with the finished product.

      hope this helps.

    15. Re:GPL Violations by fireboy1919 · · Score: 1
      Cons: you have to make it possible for people you distribute your program to to re-link your code with the LGPL library (e.g. newer version or one with bug fixes you can't be bothered shipping)..

      You have this to obey this line:

      Use a suitable shared library mechanism for linking with the
                    Library. A suitable mechanism is one that (a) uses at run time
                    a copy of the Library already present on the user's computer
                    system, and (b) will operate properly with a modified version
                    of the Library that is interface-compatible with the Linked
                    Version.

      So...you have to not restrict modification. You don't have to do anything special to make it easier. So you can't, for example, require a checksum based upon the combination of the LGPL'ed library and yours, because that would make it impossible to make modifications. You can require it to adhere to an ABI that's only in the specific version that you used, and doesn't work in future versions of the library. And nowhere does it say that you have to document how the thing is linked in or how to relink (that I saw).

      So this is essentially a nonissue if you are writing the program for a modern computer. You kind of have to go out of your way to make it not link.
      --
      Mod me down and I will become more powerful than you can possibly imagine!
    16. Re:GPL Violations by bigbigbison · · Score: 1

      But it isn't and never will be entirely your own. As long as it contains someone else's code it will be yours AND theirs. So they have a say in what is done with their code. If you don't like the terms, find code with a different license.

      --
      http://www.popularculturegaming.com -- my blog about the culture of videogame players
  24. oh the irony by Anonymous Coward · · Score: 0

    of slashdot readers caring about software licenses, in-between downloading photoshop from thepiratebay...

    1. Re:oh the irony by orasio · · Score: 1

      of slashdot readers caring about software licenses, in-between downloading photoshop from thepiratebay... No way, photoshop does not run on Ubuntu, thank you very much.
  25. Good luck Masanao Izumo by OrangeTide · · Score: 1

    "Copyright (C) 2000 Masanao Izumo "

    I wish him all the best luck in chasing down Sony and enforcing his license. If this copyleft were held by FSF then maybe there would be some arm twisting.

    (also making a library GPL instead of LGPL, how annoying)

    --
    “Common sense is not so common.” — Voltaire
    1. Re:Good luck Masanao Izumo by Anonymous Coward · · Score: 0

      "(also making a library GPL instead of LGPL, how annoying)"

      If you don't like the fact that some libs use the GPL, just don't use them, dumbass. No one is pointing a gun at you forcing to include GPL code inside your software. If I want to write a lib using the GPL it's my right, your rights are limited to : either you don't use it, or you comply to the license.

    2. Re:Good luck Masanao Izumo by geminidomino · · Score: 1

      Ah, the big-talking, small-dicked Anonymous Coward... The perennial slashdot holiday favorite...

      You forgot, he has another right too... The right to voice his opinion that people who *choose* to GPL-only libraries are douches.

    3. Re:Good luck Masanao Izumo by Anonymous Coward · · Score: 0

      If this copyleft were held by FSF then maybe there would be some arm twisting.

      Research the Virgin WebPlayer. The FSF had no interest, then later claimed they would 'defend the GPL' even if 'the FSF did not hold copyleft'.

      So lets see how this one goes down....

    4. Re:Good luck Masanao Izumo by OrangeTide · · Score: 1

      I only said it was annoying. I didn't say it was illegal.

      --
      “Common sense is not so common.” — Voltaire
  26. If I was starting a business by mumblestheclown · · Score: 2, Interesting

    If I were starting a business, I'd just go on and bright-line and outright abuse the GPL. I would go into business (such as PS2 games or whatever) where any "outrage" by the OSS community would go unnoticed and would simply ignore the empty threats of lawsuits and what-have-you. Heck, many companies are doing this already. it's a very legitimate and none too risky business strategy. For all its good philosophical points that would encourage good hearted individuals to contribute to my bottom line, I would benefit from the fact that enforcement of the GPL is ultimately toothless.

    Please, do go on and tell me how, exactly, I'm wrong in this.

    1. Re:If I was starting a business by aadvancedGIR · · Score: 1

      Leaving the moral aspects aside (after all, they don't mix with "business"), you still need to create some because you'll be competing against a free product with people who know your code better than you do. If you just plan to freeride, I wouldn't bet on your survival unless you find very stupid clients first.

    2. Re:If I was starting a business by ThirdPrize · · Score: 1

      It is sort of like a bunch of weak kids sitting around discussing what the bully should spend their lunch money on after he has stolen it. The bully could listen to them but nine times out of ten they won't.

      --
      I have excellent Karma and I am not afraid to Troll it.
    3. Re:If I was starting a business by Anonymous Coward · · Score: 0

      If I were starting a business, I'd just go on and bright-line and outright abuse the GPL. I would go into business (such as PS2 games or whatever) where any "outrage" by the OSS community would go unnoticed and would simply ignore the empty threats of lawsuits and what-have-you.

      The mistake is here: "empty threats of lawsuits". The GPL does not fall under contract law, it falls under copyright law. You can of course distribute a GPL'ed program without permission - just like you can distribute Microsoft Office without permission. It is not breach of contract (since there is no contract), but plain copyright violation. Nowadays, in most countries, copyright violation is criminal, and especially when - like in your case - we are talking about copyright infringement for profit.

      Thus, we are not talking about a civil lawsuit, but a criminal case. It won't be the developer who presses charges, but the District Attorney. And you may consider yourself lucky if you get a fine with a lot of zeroes. Basing a company on copyright infringement could easily land you in jail.

      And in the case of companies like Sony... How do you think Sony Music would see it if Sony Computer Entertainment was convicted of copyright infringement? "Hey look, we at Sony don't think copyright infringement is bad" would be a pretty bad signal to send.

    4. Re:If I was starting a business by Ynot_82 · · Score: 1

      AFAIK, IANAL, Etc.

      copyright infringement is a civil offence (in the UK, at least)
      It is not a criminal offence - it does not carry any custodial sentence

      you can only be sued for infringement in a civil court

    5. Re:If I was starting a business by totally+bogus+dude · · Score: 1

      You're absolutely right, but you need to consider that there are organisations that will pursue legal action on behalf of free software authors pro bono.

      The question then is, how much is your business worth to you; how much are you willing to bet that nobody will come after you?

      As another poster pointed out, the GPL is based on copyright law, which makes it difficult to wriggle out of. And if your company makes a habit of "outright abuse" of GPL'd code and gets to be even moderately successful, you're going to annoy a lot of people. All it takes is one of those people to have enough money to decide to make an example of you, or for a group of people to donate funds, or for an interested party to decide to get involved and your company will wind up facing lawsuits over multiple instances of wilful copyright violation.

      If a substantial part of your income depends on selling those abuses of GPL, then you could easily find your business shut down overnight.

      On the other hand; maybe nobody will notice, or at least nobody with the will to fight you. It probably depends a lot on whether your business is making enough money to make it likely the complainant will be able to recover their costs in a lawsuit. Especially since they're likely to have ample evidence backing them up, while you'll be struggling not to be found in contempt of court without incriminating yourself.

      So it depends on how important the business is to you. Are you willing to risk it on a 1% chance of someone calling your bluff? A 2% chance? A 10% chance?

    6. Re:If I was starting a business by zotz · · Score: 1

      "copyright infringement is a civil offence (in the UK, at least)"

      If I understand things properly, here in the Bahamas we went from civil only to some criminal.

      IIRC, 4 or 5 years and 20,000, 25000, or 30,000 dollar fine for each knockoff CD or DVD in your possession.

      This is a country where, as I was just informed the other day, the penalty for a first offence of rape is 3 to 5 years.

      I wonder what values we are trying to espouse?

      So, watch your friends in the House(es) carefully.

      And civil with huge statutory penalties can be seriously abusive as well due to the lesser "proof" needed to be found guilty/in violation.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    7. Re:If I was starting a business by domatic · · Score: 2, Insightful

      Not all GPL code was written by two hippie wannabees in their parents basement. An awful lot of it is owned by real corporations that can afford to pay real lawyers real money. If your business started making money, they'd either want some of it or compliance with the license on their code.

    8. Re:If I was starting a business by mumblestheclown · · Score: 1

      Well duh. But likewise there are a lot of real companies who take advantage of hippie code and count on the fact that their lawyers will make them a difficult target to sue. We are seeing a lot of this as companies first tried to bright-line the GPL, and more and more they just don't give a damn.

    9. Re:If I was starting a business by Anonymous Coward · · Score: 1, Insightful

      IAALS and you are mistaken.

      You might want to look at the Copyright, Designs and Patents Act 1988, section 107 (note that it is split over two pages).

      See also the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002, especially section 1.

    10. Re:If I was starting a business by xtracto · · Score: 1

      AFAIK, IAANAL, etc

      Copyright infringement is a criminal offence in Mexico (I have a friend who IS a Mexican lawyer and he told me this so...).
      Copyright infringement is also criminal in France (this same friend also told me that, and then... the fact is Mexican law is heavily based on French Law).

      Anyway, read Mexican Law review for a summary of mexican law vs american law

      Or the wikipedia article on Legal systems of the world

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    11. Re:If I was starting a business by domatic · · Score: 1

      The GPL isn't special in this regard. Enforcing any license will require the services of a lawyer and motivation on the part of a copyright holder. You can run your business anyway you want to but I follow the law in my business dealings. You can always just assume you can bully your way through life and you may even be often correct but sooner or later you either run into a target harder than you thought it was or someone with the tenacity to follow through if they are are outraged.

    12. Re:If I was starting a business by Faylone · · Score: 1

      Which is why it's a good idea to assign your code to the FSF, as they are much more likely to actually be able to do something.

    13. Re:If I was starting a business by Anonymous Coward · · Score: 0

      The flawed reasoning is that the GPL is NOT toothless. The FSF, along with others, can and have enforced it.

      1. They have gotten companies to release code under the GPL (in most cases I've ever read about -- Tivo, Linksys routers, etc.)

      2. They have in fact gotten penalties against a few companies, if they just wouldn't remove the GPL code OR release it (where the company tried to lawyer their way out of it).

      3. They have gotten one or two products pulled right off the market (the company basically told the FSF to go fuck themselves, and they got an injunction against the product being sold until all GPL code was removed -- which, since these devices were some box with 100% GPL code on them, was essentially impossible for the company to do.)

                If you go around knowingly abusing GPL code, I do believe the FSF would go for options 2 & 3 -- suck the cash out of you and knock your product off the market. Going in with a goal of abusing GPL software is a bit different than having some in without the company knowing about it. Why would you abuse GPL software anyway? That's just wrong -- you truly are stealing other people's work if you intend to use their work in your product without following the license they have placed on it -- reusing this code is saving you lots of programming time and effort, the least you can do is follow the license stipulated. Or if you don't want to, get libraries and code that are LGPL, BSD, etc. where the license is much less strict.

    14. Re:If I was starting a business by DM9290 · · Score: 1

      "I would benefit from the fact that enforcement of the GPL is ultimately toothless.

      Please, do go on and tell me how, exactly, I'm wrong in this."

      The GPL is a license, you do not ENFORCE licenses. GPL doesn't force anyone to do anything.

      The only thing to enforce is copyright law which will force you to pay damages and perhaps serve jail time for criminal violation.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    15. Re:If I was starting a business by LordLucless · · Score: 1

      Well, if your concept of morality is based on what you can get away with without being caught, I'd say that's something wrong with you right there.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    16. Re:If I was starting a business by mumblestheclown · · Score: 1
      Will you and the rest of the people please understand that I am not talking about myself personally. I am rather pointing out the massive general problem with the GPL in that it is toothless. Stop focusing on any perceived ethical inadequacies on my part and focus on the larger issue.

      That said, Mr. Holier Than Thou: let's say I *did* start a company based on FSF code. Let's say this company made medical equipment. My company employed a bunch of people and saved a bunch of lives. Tell me again why this is wrong and your downloading "Lord of the Rings" from eMule is OK? Let me be clear again, since these sort of things are lost on you, apparently: I'm not accusing you personally of being a movie downloader. I AM, however, suggesting that a lot of the slashdot communits seems to think that the copyright integrity of everything but OSS code is a matter of personal preference.

    17. Re:If I was starting a business by LordLucless · · Score: 1

      Why do you assume that my post was directed at you personally? I used the same language in my reply as you did in your original post. And you're right. You probably have a good chance at doing it, and getting away with it. Just the same as people downloading from eMule do. However, by the same token, muggers and burglars have a good chance of getting away with it too (very few muggers and burglars are apprehended, proportionately). On that basis alone, burglary might be considered a good business plan. The reason it's not isn't to do with the mechanics of law and order, and the chances of getting caught. It's because our society is not peopled entirely with sociopaths.

      As for the difference between downloading movies and appropriating GPLed software, they're really two different things. It's one thing to make a copy of something. It's another thing to claim that the work is your own, and to sell it as if it was. I've written some minor code that I've thrown out here and there. I don't give a stuff if people use it in their own things. I would care if someone claimed that my work was actually created by them.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  27. And the favicon of that site? by Asmodai · · Score: 0, Offtopic

    Funny, that favicon of the linked site (http://astrange.ithinksw.net/ico/) is a direct use of the Japanese shoshinsha (aka wakaba) mark to denote a unexperienced driver: http://en.wikipedia.org/wiki/Wakaba_mark

    I would not be surprised if this mark was trademarked or copyrighted in some way.

    (And yes, this is a semi-hearted attempt to point out that it's easy to fall into such traps.)

    --
    Jeroen Ruigrok/Asmodai
    1. Re:And the favicon of that site? by Goaway · · Score: 1

      I personally made that image, drawing it pixel by pixel. Thus the copyright belongs solely to me, and Alexander Strange has an full license to use the image as he sees fit.

    2. Re:And the favicon of that site? by Anonymous Coward · · Score: 0

      Copyrights to derivative works are generally split between both parties and the creation of derivative works is one of the specific rights that the owner of a copyright can control. You can even take a picture of a 1000 year old painting intendeding to reproduce it exactly and then have copyright over your reproduction in some jurisdictions. Do you really have the sole copyright claim on that image? I doubt it, but I don't think anyone is going to come after you either.

    3. Re:And the favicon of that site? by Goaway · · Score: 1

      I doubt you'll find any jurisdiction where drawing a simple symbol is considered a derivative work of any kind.

  28. Depends on the legality of RE by achurch · · Score: 1

    Isn't reverse engineering with the tools used in this article disallowed by the license agreement for the game? I know little about law, so who has the trump card here?

    That depends on the validity of the license. In theory, at least, a license is only required if you want to do something that you wouldn't otherwise be allowed to do; for example, the GPL allows you to distribute software (otherwise a violation of copyright) if you follow its terms. So the question here is, is reverse engineering prohibited by law? If not, Sony can say "prohibited" all they want, but such terms would be legally meaningless--though, of course, they can still sue you and make you spend money to defend yourself.

    This is all in my non-lawyerly opinion, of course.

  29. Not GPL by vininim · · Score: 1
    From the site

    License

    Copyright © 2004 Basis Technology Corp.

    All Rights Reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    * Neither the name of Basis Technology Corporation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    No mention to the GPL
    1. Re:Not GPL by gall0ws · · Score: 1

      That is not libarc used in ICO.

      --
      | (ceci n'est pas une pipe)
  30. Premature to think that they'll release the source by Anonymous Coward · · Score: 0

    What if Sony had already got permission from the author of libarc? The author of libarc could have relicensed the code to Sony. It is obviously very premature to think that Sony is going to release all its game code; they can very well strike a deal with the author who has all the copyrights.

  31. Mr. Hankey Senior? by rindeee · · Score: 1

    Does anyone else see the resemblance between the GNU icon used as a label on this story and a piece of poo? I know this is waaaaaay off topic (mod me down if you must) but it looks like a big whistling cartoon turd. Some long lost relative of Mr. Hankey's? Anyway, that is all.

    1. Re:Mr. Hankey Senior? by Megane · · Score: 1

      Does anyone else see the resemblance between the GNU icon used as a label on this story and a piece of poo?

      I've always thought it looked like a penguin, with the gap between the horns being the penguin's eye.

      Now that you mention it, the feet do look somewhat turd-like, but only the feet.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  32. Imagine this by joaommp · · Score: 2, Insightful

    The CEOs for all the create IT companies are in a room. A big room.

    Suddenly someone screams "Hey, look at the news, it says here that PlayStation 2 Game ICO Violates the GPL!"

    And then everyone laughs and cries out "who doesn't?"

    It's already beyond common practice.

    1. Re:Imagine this by Legion303 · · Score: 1

      "And then everyone laughs and cries out 'who doesn't?'"

      And then the hounds are released.

  33. Tip of an iceberg by Z00L00K · · Score: 1
    This is only the tip of an iceberg, you will find a lot of GPL source or extracts of GPL source almost everywhere. Maybe not complete libraries, but some snippets may be found now and then.

    The problem lies in the possibility to identify all those parts.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  34. Re:Sony won't have to release source code to game. by xquark · · Score: 2, Interesting

    You clearly have no idea what you're talking about. The GPL is indeed viral and does require the full release
    of any source dependent or otherwise that is coupled with GPL code.

    That said finding the definition of derivative and derivative works on the FSF's GPL FAQ page is quiet
    interesting - they've gone to a lot of trouble hiding it towards the end, one would think such an
    important FAQ would be say the 1st or 2nd listing.

    --
    Arash Partow's Philosophy: Be a person who knows what they don't know, and not a person who doesn't know.
  35. Re:Sony won't have to release source code to game. by larry+bagina · · Score: 1

    Stallman wants you to believe that. Think about it for a minute. The GPL is about distribution. What if you dynamically link (or dlopen) your closed-source app to a GPL library? When you distribute the binary, you are not distributing GPL library code.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  36. Viral License by sam.haskins · · Score: 1

    And people wonder why there is opposition to the GPL? I remember recently someone saying that the GNU GPL is far less restrictive than corporate EULAs; I think examples like this show that it *can* be more restrictive in some cases. It doesn't *always* help the users (especially when the end users are people who don't give a flying ... anything about the source code).

    1. Re:Viral License by david_thornley · · Score: 1

      How does this show that the GPL can be more restrictive than the typical EULA? The EULAs I've seen lately say nothing about me getting the source code, let alone being able to use it. Do you know of a corporate EULA that says I can get the source code of the software and use it myself? If not, then the GPL is allowing, with restrictions, things the corporate EULA simply forbids.

      I can use the source code of gcc in my own projects, but there's restrictions if I redistribute. I can't use the source code of Visual Studio.NET. (Yes, Microsoft provides some source code that I can use pretty much freely, but so does the Gnu project, in bison and flex for example.)

      The bottom line here is that anybody incorporating third-party software into a product needs to be aware of where it came from, and abide by the license restrictions. That applies to all software, no matter whether it's free or proprietary. Use what's not yours in ways the copyright holder hasn't approved and you're potentially in trouble. The only difference is that many people like to take whatever they want without authorization, and the GPL makes it easier to do so. It's like illegally copying only non-DRMed music; do you think Sony (in the guise of the RIAA) would go light on you because you only "pirated" music issued without DRM, and didn't crack any of their DRM?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    2. Re:Viral License by domatic · · Score: 1

      Those who oppose the GPL don't have to use code so covered. If you do use code so covered then either comply with the license or reach another arrangement with the author(s). And I've always wondered why THAT simple truth seems so hard to grasp.

    3. Re:Viral License by grumbel · · Score: 1

      ### I think examples like this show that it *can* be more restrictive in some cases.

      Where is that EULA that doesn't restrict your use of the software at all and gives you the freedom to redistribute it under certain conditions? The common EULA restricts *use* and gives you *no* right to redistribute the piece of software at all, you often aren't even allowed to install it on a second computer.

      Thing is: the GPL gives you rights, a EULA takes them away. How can an EULA be better?

    4. Re:Viral License by Al+Dimond · · Score: 1

      If the library was offered by its authors only under a commercial license and Sony did what we're accusing them of here (distributing it without a proper license), the exact same options would be available between Sony and the library's authors. They'd have to negotiate a deal, or the authors could try to sue Sony for damages.

      Copyright law by itself disallows unauthorized reproduction and distribution, so what most commercial EULAs do is impose restrictions on top of copyright law. Restrictions on copying that might otherwise be deemed "fair use" or similar, restrictions on reverse-engineering, stuff like that. The GPL only gives a user (whether a developer or end user) rights above what copyright law does by default: the right to see the source code, and limited rights of modification and distribution. The GPL can't be more restrictive than such a EULA. If Sony was going to use a library in their game they wouldn't agree to a EULA, they'd agree to some other type of commercial license. Such a license would probably give them the source code and rights of modification and distribution less restrictive than the GPL per-copy (probably not even requiring attribution), but probably in limited number. It's probably fair to call such a license "less restrictive" than the GPL, though if it was limited in number it might be more accurate to call it "differently restrictive".

      All that is totally moot to what Sony is accused of here. If they violated the library's copyright the authors may attempt to stop further distribution (probably already moot) and recover damages (I'm not a lawyer, but I bet if they have no history of selling commercial licenses of that library they would have a hard time getting money from Sony; I have a feeling, not based on anything other than intuition, that a court wouldn't make Sony GPL ICO completely). Same thing would happen if they illegally distributed Microsoft's or IBM's code.

    5. Re:Viral License by MenTaLguY · · Score: 1

      EULAs aren't the right comparison. This is nearly exactly like licensing proprietary code from a vendor for internal use and then "appropriating" that code for use in a shipping product without an explicit license to do so. Which also happens quite a lot in the commercial world. The main difference is that you're less likely to get caught when stealing proprietary code.

      --

      DNA just wants to be free...
  37. Re:Sony won't have to release source code to game. by HappySmileMan · · Score: 2, Funny

    I'm 15 and I know exactly what the difference between GPL and LGPL is (not word for word of course, but in general what can be done with them), if you need a lawyer to make sense of it then I'd advise you to just stay clear of it altogether

  38. Huh?? What violation?? by rapid_snail · · Score: 1, Informative

    The libarc project page says that the library is licensed under the BSD license.
    What "GPL" violation are these guys talking about?
    http://sourceforge.net/projects/libarc/

    1. Re:Huh?? What violation?? by Anonymous Coward · · Score: 1, Informative

      Different project, actual one from the article (apparently; I didn't read it, but others did... for shame!) is http://www.onicos.com/staff/iz/release/libarc-2.0.2.tar.gz

      (Posting anon because this has been mentioned a few times already in the thread, but just a heads up for any stray modders who haven't seen those posts.)

  39. Re:Sony won't have to release source code to game. by orasio · · Score: 2, Insightful

    How do these libraries save time and money if you have to hire a lawyer first to see what you can actually do with it? You are the one who says they do that. Some of us use free software because it's the ethical thing to to. Some other people use it because of technical reasons.

    Aside from that, non-free software libraries also have legal issues, and if you wanted to be safe, you would have to hire a lawyer in every case, because you have to deal with redistribution issues, plus in some cases EULAs.
    In the case of the GPL you could hire a lawyer once (provided you don't understand the terms after actually reading them) and then reuse that knowledge forever. Also, there are lots of texts explaining the GPL available everywhere.

    For other licenses, such as MIT or BSD, the Free Software Foundation can provide you with some pointers. The are biased toward the GPL, and they say so, but they provide all the information you actually need, and do a good job explaining the other licenses implications.

    If you compare that situation with alternatives such as buying the distribution of non-free libraries, free software has fewer legal costs. Licenses have legal ramifications. Just because you pay the guy, it doesn't mean he will let you do whatever you want. And if you can't read a free software license alone, of course you will need a lawyer, but then you will need a lawyer to read your EULAs for you.
  40. Re:Sony won't have to release source code to game. by ThirdPrize · · Score: 1

    I know, I was just exaggerating for effect. This is /. you know.

    But seriously, do we need so many licenses? They don't do themselves any favours.

    --
    I have excellent Karma and I am not afraid to Troll it.
  41. Re:Sony won't have to release source code to game. by irc.goatse.cx+troll · · Score: 2, Insightful

    At no point can they be forced to release the sourcecode. The legal system just doesnt work that way.

    Assuming it is a GPL(not LGPL) library then yes, to legally distribute the game they have to release the source to all of it. But that doesnt mean that they have to retroactively comply to the license after they broke it, it just means that continuing to distribute it is illegal, and the software authors could sue for financial compensation.

    Whether or not its easier to just release the sourcecode (which they may or may not even legally be able to do -- What if it contains restrictively licensed code that conflicts with the GPL?

    --
    Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
  42. Re:Sony won't have to release source code to game. by Anonymous Coward · · Score: 0

    Sure. If you don't distribute something you don't need a license for it and so the complications get pushed to the user who actually does the linking. But if you do distribute a dynamic library, it's not different than a statically linked one.

  43. Re:Old News.... by Anonymous Coward · · Score: 0

    Hey this is a pretty good redirect, other trolls take note.

  44. Not necessarily a violation by ET3D · · Score: 1

    Is there any evidence that Sony didn't pay Izumo. If they did pay for a license then it won't be a GPL violation. There's noting to say, far as I know, that a software that's been GPL'ed can't be sold with another license by its author.

    BTW, inflate.c itself seems to be not under GPL anyway. (Though mblock.c would be.)

  45. Re:Old News.... by Anonymous Coward · · Score: 0

    nicely done.

  46. Are you the copyright holder? by Anonymous Coward · · Score: 0

    If not, then shutup. Who are you to know if they haven't obtained the code with a different license? Who are you to accuse them publicly of violation of other people's copyright? You can't tell the license from binary form!

  47. other case of commercial use of FOSS? by psbrogna · · Score: 1

    I might be a singleton demographic but has anybody else here checked out the Webkins community web site for young children? My 7 year old nephew is an addict and was showing it to me recently. One of his favorite games on the site is an obvious knock off (web enabled) of Frozen Bubble, a game included with many Linux Distributions. There was no attribution I could see and I wondered if it was a potential violation of that game's license.

    1. Re:other case of commercial use of FOSS? by grumbel · · Score: 1

      How obvious is the knock-off? Did they recycle graphics or stuff? Since the gameplay itself wasn't invented by FrozenBubble, FrozenBubble is itself a knock-off of the original PuzzleBubble.

  48. Re:Sony won't have to release source code to game. by Anonymous Coward · · Score: 0

    The GPL is about distribution.

    No, the GPL is about copyright.
  49. ICO is the best game ever made. by Jackie_Chan_Fan · · Score: 1

    Its that simple. Release the source! that would be just fucking awesome.

    1. Re:ICO is the best game ever made. by nomadic · · Score: 1

      Yes, definitely. Hell, I've been tempted lately to buy a PS2 just so I can play it again.

  50. Circumvention by gilesjuk · · Score: 1

    There's no evidence this disassembly was being done for any other reason than to prove ownership/licence of the code used.

    If the disassembly was being done to learn how it works then modify it so it bypasses copy protection etc then it would be a problem.

    1. Re:Circumvention by Nossie · · Score: 0, Troll

      Well I'm not governed under your/their stupid laws ... but I'm guessing they wouldnt take that for an answer if I disassembled Amazons mobi DRM for 'ownership' issues.

    2. Re:Circumvention by BosstonesOwn · · Score: 4, Informative

      Both I and the IEEE beg to differ. You might want to read this link.

      http://www.ieeeusa.org/policy/positions/reverse.html

      and

      http://en.wikisource.org/wiki/United_States_Code/Title_17/Chapter_9/Sections_906_and_907

      about reverse engineering , you will find it is indeed legal to reverse anything in the USA as long as its done for education and is not to be done for profit as well as to make a profit.

      --
      This package Does Not Contain a Winner
    3. Re:Circumvention by Nossie · · Score: 1

      ahhh right :) sweet, thanks for the information.

    4. Re:Circumvention by PatPending · · Score: 1

      http://en.wikisource.org/wiki/United_States_Code/Title_17/Chapter_9/Sections_906_and_907 Huh? What does the "Semiconductor Chip Protection Act of 1984" ("mask work;" semiconductor chip product) have to do with computer software/DMCA?
      --
      What one fool can do, another can. (Ancient Simian Proverb)
    5. Re:Circumvention by Miaomiao · · Score: 1

      It has more to do with you being allowed to take apart anything (including a computer program) for educational purposes. The distinction comes from intent, if you're taking a program apart just to take the data, then it could be construed as a violation of the DMCA. If you're taking a program apart to learn how it works, and possibly to apply the same principle to another program (or to get your own data back from an overzealous program) you're doing it for educational purposes. Now this is only relevant if what you're taking apart is considered a protection schema. In this case it's taking apart a compression algorithm, with no encryption, only to show it's there. Nothing that's being used to protect anything is being bypassed, so it's totally in the clear.

    6. Re:Circumvention by Anonymous Coward · · Score: 0

      If violating the terms of a GPL agreement is wrong, then violating terms of a commercial EULA is wrong, too.

      Most commercial EULA explicitely state that user agrees not to reverse engineer as a condition for being licensed the software.

      If your definition of "illegal" says that Sony committed an illegal act by violating the GPL, then by the same standards the user who reverse engineered the code also committed an equally illegal act.

    7. Re:Circumvention by blueskies · · Score: 1

      If your definition of "illegal" says that Sony committed an illegal act by violating the GPL, then by the same standards the user who reverse engineered the code also committed an equally illegal act.
      What if that user never agreed to the EULA?
    8. Re:Circumvention by Danga · · Score: 1

      What if Sony never agreed to the GPL?

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
    9. Re:Circumvention by blueskies · · Score: 1

      What if Sony never agreed to the GPL?
      Sony doesn't have to agreed to the GPL. However, Sony is in violation of copyright law if they don't agree to the terms of the GPL and they distribute the GPLed code.

      This isn't a situation that $100,000 a violation won't solve.
  51. Re:Old News.... by Hal_Porter · · Score: 2, Interesting

    The link was

    http://www.google.com/search?xQ=Sony+GPL&q=slashdot&btnI

    Yeah, xQ is ignored, q is a search string and btnI is the same as clicking "I'm feeling lucky", i.e. go to the first hit.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  52. Re:Sony won't have to release source code to game. by tepples · · Score: 1

    The GPL is about distribution. No, the GPL is about copyright. It's about both. The GPL is fairly permissive when it comes to exclusive rights in copyrighted works other than "(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending".
  53. Re:Sony won't have to release source code to game. by david_thornley · · Score: 1

    No, we don't need that many licenses. However, that isn't the Gnu project's fault. Stallman came up with a fairly simple, easy to understand, General Public License, applicable to pretty much any software one would want to copyleft. There were already simple, more permissive licenses around (and proliferation among those is not a problem). After that, all sorts of people and companies came up with all sorts of different licenses and variations, with all sorts of provisions. That changed the free software landscape from one where pretty much any free software could be combined, with the result either being under a generally permissive license or the GPL, to the license headache we have today.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  54. It's case law by tepples · · Score: 1

    That said finding the definition of derivative and derivative works on the FSF's GPL FAQ page is [quite] interesting - they've gone to a lot of trouble hiding it towards the end, one would think such an important FAQ would be say the 1st or 2nd listing. That's because only a judge knows the definition of a "derivative work". The GPL deliberately left this definition up to established (and not-yet-established) copyright case law.
  55. Whatever happened to Public Domain? by Nazlfrag · · Score: 1

    It's like the old public domain software, but infectious. I miss the idyllic old days when coders had minimal contact with lawyers. It seems against common sense, obviously they should release any changes they made to the library they utilised but to somehow claim their entire work as public domain for a minor addition, well that's legalese, and against the spirit of sharing. Still, it's all politics and licenses these days, the spirit has been caged and has lost its edge. Time for a new rebellion, global union hackers{int lose; int yoke;};

  56. Hypocrisy by Maxo-Texas · · Score: 1

    So they want us to pay them for copyrighted material and do not see a problem infringing other people's copyrighted material.

    What is the inducement for them to infringe? Well, a commercial compression library license might have cost them $10k. They can't have it both ways. Either they pay for everything (and for companies "in" the circle, they'll probably get those fees down very low and "share" each other's copyrighted code) or they stop bitching about infringement on their own code.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  57. Re:Sony won't have to release source code to game. by sqlrob · · Score: 2, Informative

    The company I work for has *ALL* licenses checked by lawyers. Open, closed, it doesn't matter. That cost is amortized across all purchased/obtained libraries.

  58. Contradictory licensing... by porkchop_d_clown · · Score: 1

    Reading TFA, I couldn't help but notice that the source code does specify the GPL but then also says...

    You can do whatever you like with this source file, though I would
          prefer that if you modify it and redistribute it that you include
          comments to that effect with your name and the date. Thank you.


    Which seems to be saying the code is PD?

    1. Re:Contradictory licensing... by ET3D · · Score: 1

      The specific file, inflate.c, was taken from a non GPL project and had GPL slapped on it. Therefore (and I mentioned it before) it won't be under GPL. There's another file, however, that the game uses, and originates in libarc, and that would be under GPL.

    2. Re:Contradictory licensing... by ajs318 · · Score: 1

      In some jurisdictions, derivative works of works already released into the Public Domain are automatically in the Public Domain and cannot be copyrighted. In other jurisdictions, derivative works of works already released into the Public Domain are copyrightable.

      Anyway, if you actually read the whole article, you'll see that the two statements -- assertion of copyright under GPL and release to PD -- apply to separate pieces of code.

      --
      Je fume. Tu fumes. Nous fûmes!
  59. It's a *DIFFERENT* libARC -- ICO's *IS* GPL. by DrYak · · Score: 3, Informative
    TFA points to a different libarc : http://www.onicos.com/staff/iz/release/libarc-2.0.2.tar.gz, not the sourceforge one.

    According to the few info available in english on the page, this libarc is used to open quite a lot of different archive format (could some Japanese-speaking /.er help here ?).
    Whereas, the sourceforge one, is mainly designed for a GZIPed ARC file used on the internet archive.

    And whereas the libarc you point out is licensed under some sort of permissive license,
    the Japanese libarc used by ICO is licensed under GPL. The file "inflate.c" is mentioned in TFA, and the following license/comments are cited :

    /*
    Copyright (C) 2000 Masanao Izumo

    This program is free software; you can redistribute it and/or modify
    it under the terms of the GNU General Public License as published by
    the Free Software Foundation; either version 2 of the License, or
    (at your option) any later version.

    This program is distributed in the hope that it will be useful,
    but WITHOUT ANY WARRANTY; without even the implied warranty of
    MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
    GNU General Public License for more details.

    You should have received a copy of the GNU General Public License
    along with this program; if not, write to the Free Software
    Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA.
    */ /* inflate.c -- Not copyrighted 1992 by Mark Adler
    version c10p1, 10 January 1993 */ /* You can do whatever you like with this source file, though I would
    prefer that if you modify it and redistribute it that you include
    comments to that effect with your name and the date. Thank you.
    [The history has been moved to the file ChangeLog.]
    */

    TFA's author then point out a couple of subtle difference all showing that it's this libarc's specific file which is used. (You can find similar "inflate.c" in a lot of decompression libraries. But libarc's has some specific memory subroutines, which can be traced in the disassembled code flow of the US version, or in the list of symbol names in the debug info included with the EU version).

    ---

    Now to go back to the possible outcomes :

    - The most easy is to stop distributing the infringing piece of work.
    Which as pointed out by the /. has already been done. This game isn't produced anymore.
    - An alternative is to publish the code, *NOT* of the whole game, as said by some /. er, only to the specific executable which contains the GPL code ("SCUS_971.13" according to TFA. The other few GB of data that are on the DVD are safe).
    - The third solution, which wasn't mentioned yet by /.ers (and which would require a little bit more work) would be to separate the functionality into a

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  60. ICO rules! by kieran · · Score: 2, Funny

    That game was so atmospheric it was actually scary - that was the main point of the combat, in fact - leave the girl alone to long and shadows attack her, which added a sense of urgency to the puzzle-solving. When I first got a few friends and I sat down to play it, and we would manage about 30mins of ICO before switching over to GTA to de-stress with some car chases and random murder. Then it was back to ICO for another 30mins :)

  61. Tit for tat by phish · · Score: 1

    Watch for Sony to turn this whole thing around and sue the guy for disassembling the game.

    Good thing this was Ico, and not Gran Turismo...

  62. Hasn't sony done the infringement already by Convergence · · Score: 1

    If they did not license a copy of libarc from the author, Sony committed copyright infringement and might be subject to statuatory damages of up to 150k per copy of the game sold. Can you register for copyright after an infringement occurs to sue for damages? Or maybe $1000, if we go by the Sony/RIAA 'pricing' for music sharing and minimum statuatory damages.

    Sony can not retroactively satisfy the terms of the GPL. Releasing the source code (or a written offer for the source code) would only avoid compounding the infringement on future copies Sony distributes. Past copies they distributed were not conforming to the GPL, therefore unlicensed, therefore committing copyright infringement. They can't say 'oops' just because it took 6 years for their 'THEFT' to be noticed. This is no different than someone sued by the Sony/RIAA for music sharing. As it took so long for the infringement to be noticed, there's not much point in libarc's author going for an injunction to prevent future damages/infringement by stopping the sale of the game and/or destruction of unsold copies.

    Now of course, the author of libarc might relent and compromise on your choices #1 or #2. Get a payoff and agree to forgo pursuing copyright infringement damages, or forgive it upon release of the source code.

    I am not a lawyer, but this is how I think copyright and GPL applies to a hypothetical situation of Sony distributing a game containing an unlicensed copy of libarc. Any connection to the real world is accidental.

  63. Seems sketchy by malevolentjelly · · Score: 1

    The proof seems pretty haphazard. I don't see where he proves that they're not simply using their own zlib-based function. They produce similiar output, right? What proof is that if libarc evokes zlib? Ico came out in 2001, so the chances of them using a really old version of zlib are quite high- development for the game could have started a couple years earlier, possibly with an early devkit, or even an original playstation development environment.

    This could be a coincidence easily, considering the names are so standard and dry- they could easily be almost the same function or whomever wrote this blarg simply misinterpreted the assembly and found a coincidence connected to similiar functions.

    At very worst, a japanese engineer thought it was an lgpl-based file, since it started with lib and just messed up. who's going to care?

    Where's the beef? Am I missing something?

    1. Re:Seems sketchy by Goaway · · Score: 1

      You're missing pretty much the entire article.

  64. Guess what! by Ayanami+Rei · · Score: 1

    If your software is complicit in using MySQL as backend for your propietary product (you could have always actively rejected the use of it to avoid this situation), YOU HAVE TO PONY UP FOR A COMMERCIAL LICENSE

    Thems the breaks. Same goes for QT, and a bunch of other stuff.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  65. Re:Sony won't have to release source code to game. by Achromatic1978 · · Score: 1

    Some of us use free software because it's the ethical thing to to.

    Wow. There's a little superiority complex thing happening there. I didn't realize I was apparently less ethical than you for using proprietary software. Now I do, and I shall apply the appropriate feelings of being chastened.

    Or not.

  66. Re:Ummmmmmm by nonos · · Score: 1

    If ICO violates the GPL, Sony not only has to give the source, they have to give ways to recompile it and to execute it on a PS2 ; i.e., to give a way to compile and execute any program on an unmoded PS2 machine. This has more implications than just giving a source code...

  67. Uh, no. by ToasterMonkey · · Score: 1

    A copyright restricts distribution to the copyright holder.
    The GPL is a license that gives permission for others to redistribute GPL'd code under its terms. The only relation to copyright is that if you violate the terms of the agreement (GPL isn't a contract) then you may be infringing on the copyright. If you don't copy, redistribute, or otherwise do something that could infringe on a copyrighted work, a GPL notice in some source file means jack squat.

    1. Re:Uh, no. by tepples · · Score: 1

      The GPL is a license that gives permission for others to redistribute GPL'd code under its terms. My point was that if you do not distribute the software to the public, the copyright licenses granted in the text of the GPL for reproduction and derivative works are fairly liberal. So it is a copyright license that primarily affects distribution.
  68. Re:Sony won't have to release source code to game. by VGPowerlord · · Score: 1

    In effect you are actually including parts of the GPL code into your own program, and therefore this is viral. (And no, viral isn't necessarily a bad thing, but it is the best way to describe it)

    That definition fails for dynamically linked executables. They don't have the library code compiled into their executable. Instead, they run the library code from a copy already installed on the computer.

    This is why the GPL specifically uses phrases like "works based on it" which prevents you from weaseling out of it through dynamic linking.
    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  69. What is it? The best PS2 game by tgibbs · · Score: 2, Informative

    In my opinion, Ico is the single best game for the PS2 and in the running for the best games of all time. Although never a great commercial success for Sony, it has a strong following. I just bought a copy (used, Sony is no longer selling it) to give as a gift. I was surprised how much I had to pay for it. With many other PS2 games of similar vintage going for $10 or so, used copies of Ico are selling just a bit below new game prices, and new copies are selling for more than new PS3 games.

    Technically a puzzle/platform game, I think that it achieves the perfect combination of story, art, drama, technical execution, and intellectual and skill challenge.

  70. Also, zlib isn't public domain by noidentity · · Score: 1

    (from TFA) This isn't a big problem in terms of code -- the two files from libarc used are under 1500 lines put together, and one is a heavily-edited copy of inflate.c from zlib, which is public domain.

    Eh? The zlib license definitely doesn't read like public domain, more like the modified BSD license.

  71. Mod by xiao_haozi · · Score: 1

    I'm going to stray from the more serious GPL talks and just throw in my initial reaction. I'm not sure how games are programmed but if the source is released wouldn't it be pretty awesome to see ICO mods surface. I was a pretty big fan of the game (and Shadow of the Colossus) and a mod of the game could be really fun!

  72. Release the Stallmans by Anonymous Coward · · Score: 0

    Sony could end up having to release the source code for the entire game!

    And yet, they mocked Bill Gates when he talked about the destructive effect the GPL has on the software industry.
  73. This is why... by Anonymous Coward · · Score: 0

    This is why you obfuscate your binaries if you're going to use GPL source in creating it.

    It's okay to violate the GPL as long as you cover your tracks.

  74. If it was my code you were using ... by Qbertino · · Score: 1

    If it was my GPLd code you were using and you'd be some little guy I'd ask for compliance. If you were a big guy I'd sue you into next wednesday for as much I could press out of it. I'd see no point in being as polite as Richard Stallman and just asking for compliance if you'd be caught proactively breaking the GPL.

    --
    We suffer more in our imagination than in reality. - Seneca
  75. Lovely, IOC stole from libarc that stole from zlib by apankrat · · Score: 3, Informative

    libarc borrows heavily from zlib, which is .. surprise ! .. BSD licensed. There is however no mention of BSD in libarc, which effectively means that it is in violation of BSD license.

    Gotta love the ethics of the freedom fighters.

    --
    3.243F6A8885A308D313
  76. "Viral GPL" by Per+Abrahamsen · · Score: 1

    > What's this "viral GPL myth"? I thought the GPL was viral (and proud of it). Is there some
    > confusion out there?

    "GPL is viral" is an analogy. As any analogy, it is neither wrong nor right, but work on some level, and break down if taken too far.

    The GPL provides programmers with an incitement to put their own code under the GPL, by rewarding the programmer with access to the existing body of GPL'ed code. In that sense you can say that it propagates like life in general, and viruses in particular. However, unlike life, it does not self-propagate. It propagates when the programmer decides that the reward (access to GPL'ed code) is greater than the cost (has to release his own code under a GPL compatible license).

    The "myth" would be where the analogy breaks down, e.g. when people mistakenly believe they can "accidentally" make their code GPL'ed, like you can accidentally be infected with a biological or computer virus.

    The analogy also has strong negative connotations, and it was specifically invented for those connotation (I was there). This is why viruses, associated with diseases, was chosen, rather than a more positive expression of life.

    I have noticed that lately some people who aren't enemies of the GPL have begun using the analogy. I suggest they stop doing that, it brings more darkness than light, and the negative connotations from both biology and computer programs are too strong to overcome.

  77. Two words: Statutory Damages by Anonymous Coward · · Score: 0

    Do you think that if we were caught giving away Adobe software, Sony Music and Warner Films that we could just go "OK, I'll stop" and be cleared of wrongdoing?

    So why does Sony get to do this?

    In a legally enforceable way, that is.

    1. Re:Two words: Statutory Damages by toriver · · Score: 1

      Because the GPL says so. Do you think the FSF/GNU "collective" should be as evil as the big corporations?

  78. Bad Precedent by Anonymous Coward · · Score: 0

    This could set a bad precedent if the owners of the code seek legal action against Sony. The companies I've talked to have been worried about using open source code or even using open source tools because something like this may happen. Going after Sony for this would just confirm their fears.
    I'm not saying Sony should be allowed to get away with it, that would be worse. People might get the impression that free software developers won't enforce their copyright at all.
    Granting Sony a license to use the code in this one case without trying to get legal damages seems like the best solution.

  79. Re:Lovely, ICO stole from libarc that stole from z by internet+hate+machin · · Score: 1
    zlib is not BSD licensed
    zlib is zlib licensed

    /* zlib.h -- interface of the 'zlib' general purpose compression library
    version 1.2.3, July 18th, 2005

    Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler

    This software is provided 'as-is', without any express or implied
    warranty. In no event will the authors be held liable for any damages
    arising from the use of this software.

    Permission is granted to anyone to use this software for any purpose,
    including commercial applications, and to alter it and redistribute it
    freely, subject to the following restrictions:

    1. The origin of this software must not be misrepresented; you must not
    claim that you wrote the original software. If you use this software
    in a product, an acknowledgment in the product documentation would be
    appreciated but is not required.
    2. Altered source versions must be plainly marked as such, and must not be
    misrepresented as being the original software.
    3. This notice may not be removed or altered from any source distribution.

    Jean-loup Gailly jloup@gzip.org
    Mark Adler madler@alumni.caltech.edu

    */
  80. Apples and Oranges by The+Rizz · · Score: 1

    If violating the terms of a GPL agreement is wrong, then violating terms of a commercial EULA is wrong, too. These are two entirely different situations. The law gives the purchaser of an item complete control over what they do with their purchase, beyond making copies that violate copyright law (i.e. you can resell, disassemble, or do whatever you want besides make copies and sell them).

    EULA: Attempting to enforce further stipulations upon your use of the product after the time of purchase, adding restrictions in addition to standard legal protections without granting any additional benefit to the purchaser.
    GPL: No further stipulations added beyond standard "sale" of item. However, it will reduce restrictions on standard legal protections as long as you agree to certain limitations.

    EULAs unilaterally add restrictions after the fact, and are not enforced by law if you don't agree to them. The GPL grants you rights in addition to what you are allowed under the law, but you are not required to accept these additional rights. These are two completely different situations, and supporting one without supporting the other is not hypocritical in any way.
  81. Suppose they do release the source code... by Stormy+Dragon · · Score: 1

    The source code for ICO isn't all that useful unless you also get all the data for the game too.

    Without that, Sony is just releasing the code for a uselessly obsolete game engine. Is that really a big deal?

  82. My bad, the point still remains .. by apankrat · · Score: 1

    > 3. This notice may not be removed or altered from any source distribution.

    and libarc removed it

    --
    3.243F6A8885A308D313
  83. Re:Ummmmmmm by bombshelter13 · · Score: 1

    Okay, two questions. First, where in the GPL does it say that you have to release the source? Second, EVEN IF IT DID say you had to release the source, which it categorically DOES NOT, explain what legal fact would make it true that they'd need to provide the supporting compilers, etc?

  84. Enough! by 5of0 · · Score: 1
    --
    You all have Oo.o and Firefox, so get World Wind.
  85. Commercial and proprietary are not the same. by jbn-o · · Score: 1

    You don't mean "commercial" because GPL-covered code is distributed for a fee and is thus already commercial code. You mean proprietary code.

    1. Re:Commercial and proprietary are not the same. by RupW · · Score: 1

      You don't mean "commercial" because GPL-covered code is distributed for a fee and is thus already commercial code. You mean proprietary code. OK, fair enough, although *this code* wasn't distributed for a fee :-p

      I was thinking of QT: Trolltech call their non-GPL product their "Commercial license".
    2. Re:Commercial and proprietary are not the same. by jlarocco · · Score: 1

      Assuming you mean their GUI toolkit, QT's "non-GPL product" is identical to their "GPL product". The only difference is the license.

    3. Re:Commercial and proprietary are not the same. by jbn-o · · Score: 1

      Perhaps you know more about the distribution of the program than I do but I don't know that for sure. However that's not so critical to the point I was raising.

      Notification requirements are non-free and I don't know how we could know if this code was ever distributed for a fee. Perhaps a particular distributor (such as the copyright holder) didn't distribute it for a fee, but someone else or some other organization (besides Sony) may have. Once a free software program is distributed we know vanishingly little about further development or distribution; that's just how it goes when you give people the freedom to share and modify.

      Even if we knew that this code had never been distributed for a fee by anyone, the important point is the difference between the restrictions of proprietary software and the liberties of free software not whether the program was developed or distributed as part of business activity.

  86. Re:Sony won't have to release source code to game. by larry+bagina · · Score: 1

    Let's say I write a closed source linux app. The GNU readline library provides nice user input editing, but is GPL licensed. There are also FREE (as in virus-free) MIT/BSD licensed alternatives (such as tecla or libedit). I, the enterprising programming, can use dlopen/dlsym to runtime-link whichever one is already installed (using my own version if none are available). Does it violate the (spirit of) the GPL if the user has gnu readline installed? Does it violate the (spirit of) the GPL if the user doesn't have gnu readline installed? The distributable binary doesn't contain *any* GPL code. Stallman's position on dynamic linking is out of touch.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  87. Re:Ummmmmmm by nonos · · Score: 1

    First, where in the GPL does it say that you have to release the source? I'm not very fluent in english, but concerning the source code, this text from the GPL (http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt) seems pretty clear :

    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; or,

            b) Accompany it with a written offer, valid for at least three
            years, to give any third party, for a charge no more than your
            cost of physically performing source distribution, a complete
            machine-readable copy of the corresponding source code, to be
            distributed under the terms of Sections 1 and 2 above on a medium
            customarily used for software interchange; or,

            c) Accompany it with the information you received as to the offer
            to distribute corresponding source code. (This alternative is
            allowed only for noncommercial distribution and only if you
            received the program in object code or executable form with such
            an offer, in accord with Subsection b above.)

    explain what legal fact would make it true that they'd need to provide the supporting compilers, etc And just after this section is the part which says the user must be able to modify the source and execute the produced exectable :

    The source code for a work means the preferred form of the work for
    making modifications to it. For an executable work, complete source
    code means all the source code for all modules it contains, plus any
    associated interface definition files, plus the scripts used to
    control compilation and installation of the executable. However, as a
    special exception, the source code distributed need not include
    anything that is normally distributed (in either source or binary
    form) with the major components (compiler, kernel, and so on) of the
    operating system on which the executable runs, unless that component
    itself accompanies the executable.


    To be able to install the executable, you have to be able to put it on a CD, you have to be able to run this CD, so you don't need a modchip.
  88. Who cares, more interested in... by Zoidbot · · Score: 1

    Reatraction of the Slashdot Orange Box story, which has been proven by other reviewers to be totally blown out of all proportion by the original articile at 1UP, and the BS spread around by gutter sites like Slashdot.

  89. Re:Ummmmmmm by bombshelter13 · · Score: 1

    That only speaks about doing it that way from the beginning - i.e., doing things properly from the beginning. It says nothing about releasing the code retroactively as a way of undoing past infringement - and as such, normal laws apply - meaning the past is the past, and if you infringed in the past, ceasing to infringe in the present and on into the future (by releasing the code) does not in any way change the fact that you are still liable for the previous violation - it still happened. Secondly, the second paragraph you quote doesn't require they distribute the compiler. In fact, it specifically excludes the all componentes of the compiler in the latter half of the paragraph.

  90. Re:Ummmmmmm by nonos · · Score: 1

    In previous cases of violations of the GPL, FSF agreed to "forget" about the violation when the violator released the source code. For the second paragraph, I never talked of the fourniture of the compiler, only of a way to execute the resulting compiled program on the unmoded hardware.

  91. Re:Sony won't have to release source code to game. by orasio · · Score: 1

    I know, I was just exaggerating for effect. This is /. you know.

    But seriously, do we need so many licenses? They don't do themselves any favours. We don't. But the GPL is the one most widespread license, and it actually has a lot of real and tangible effects. The GPL is one of the tools that make possible the current availability and usage of free software. The fact that it encourages sharing is important.

    So no, we don't need that many licenses, let's keep just the most important and popular, I'm OK with that.
  92. Tell me I'm wrong by sglines · · Score: 1

    but aren't the libraries licensed under LGPL which gives you permission to compile binaries and distribute them so long as you don't change the libs. If you change the libraries you need to release back to the wild under the GPL. If my understanding is wrong then there are thousands of companies that have violated the GPL. Anyone that uses GCC and distributes the results is in violation. Tell me I'm wrong.

    SG