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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!"

73 of 369 comments (clear)

  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 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.
    8. 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?

    9. 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.

    10. 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.
    11. 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.
    12. 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.

    13. 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.
    14. 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.
    15. 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.
  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 Nossie · · Score: 2, Interesting

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

  4. 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 Seahawk · · Score: 4, Informative

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

    3. 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.

    4. 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.

    5. 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.

    6. 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
  5. 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 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.

  6. 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 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.
    5. 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
  7. 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 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
    3. 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.

    4. 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.

    5. 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.

    6. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

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

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

  14. 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 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?

    2. 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.
  15. 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 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.

  16. 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.

  17. 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 :)

  18. 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

  19. 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.

  20. 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.
  21. 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

  22. 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.
  23. 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
  24. 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.

  25. 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.)

  26. 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;
  27. 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.

  28. 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!
  29. 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 ]
  30. 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 :)

  31. 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
  32. 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.

  33. 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
  34. 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.