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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!"

16 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 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!
    4. 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.
    5. 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.
  2. 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.

    --
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  3. 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.

  4. 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.

  5. 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.

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

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

  7. 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?

  8. 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.

  9. 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.
  10. 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
  11. 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