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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!"

32 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 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.
    3. 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.

    4. 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!
    5. 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.
    6. 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.

    7. 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.
    8. 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.
    9. 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.

    10. 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. 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.

  3. 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.
  4. 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 tolan-b · · Score: 4, Informative

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

    2. 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. 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 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
    2. 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.

  6. 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.

  7. 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.

  8. 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.

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

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

  10. 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?

  11. 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.

  12. 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. :)

  13. 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

  14. 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.)

  15. 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
  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