Atari Sub-Sub-Contractor Used ScummVM For Wii Game

MBCook writes "In several recent releases, it seems that Atari published games for the Wii based on ScummVM, which was released under the GPL. Atari contracted Majesco, who contracted a company named Mistic Software with offices in the Ukraine. When the fact that the GPL was being violated was brought to Atari's attention, they were kind at first until it was discovered that Nintendo doesn't allow open source software to be used with the Wii SDK, so updated documentation mentioning the GPL wasn't an available solution. So, what happens to the games? 'There is a period of time in which all current copies have to be sold. Any copies beyond this period or any reprints get fined with quite high fine for each new/remaining copy. The remaining stock has to be destoryed [sic].' Atari and Majesco seem to have been very cooperative about this whole thing, but had their hands tied by the agreement with Nintendo."

Comments

Re:It's only copyright

[geekboy642]

Are you claiming to be too dumb to know the difference between the illicit uploading of 24 songs without thought of profit, and the use of Eugene Sandulenko's work illegally solely for profit?

I ask only for clarification, i.e., are you stupid or willfully ignorant?

Re:I hope the wrong lesson isn't drawn...

[kscguru]

This entire thing would be fine if it wasn't for Nintendo's rules about what can be used on their devices.

This entire thing would have been equally fine if it wasn't for ScummVM's rules about what platforms can be used to run their games.

I do think it's an absurd policy that Nintendo won't allow GPLed code on their console, probably a policy derived from lawyers concerned that if Nintendo allows GPLed code, they might end up being forced to open-source the whole console software stack.

I find it even more absurd that Slashdot screams bloody murder when a hardware vendor (Nintendo) disallows GPLed software, but bends over and asks for more when a software vendor (ScummVM) disallows non-GPLed hardware. ScummVM deliberately chose to exclude themselves from a significant fraction of the commercial market when they put a GPL license on the software. Which is their choice, I respect their reasons for making it, but they made a choice and now their end users (everyone who wants to buy these games) has to live with the consequences - that ScummVM-based games cannot legally run on the Wii.

There is no perfect software license. The GPL has tradeoffs. This is one of them.

Re:It's only copyright

[geekboy642]

It's almost as if you don't know that "the illicit uploading of 24 songs" and "the use of Eugene Sandulenko's work illegally" *both* make a complete mockery of a great deal of effort on the parts of both content creators.

I tend to not "know" facts that are complete hogwash. Sharing 24 songs is perhaps illegal in a specific way, but tell me why there's any difference morally with donating a CD to a public library. Also, I noticed you've ignored completely the profit aspect, which legally makes a big difference, and was the entire point of my post. So there's both a moral and legal difference, and I submit, sir, that you are being willfully ignorant of reality.