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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."
Here you go:
http://sev-notes.blogspot.com/2009/06/gpl-scummvm-and-violations.html
From The blog Post:
The finals
Thus, the facts were:
* There is a GPL violation (their denial has to be proven in a court, strings in executables and the bug above clearly show it)
* Atari could not release source codes because of Nintendo NDA
* Atari could not put GPL clause because of Nintendo NDA
* Atari could not "buy out" ScummVM from us
* There is no possibility to double license ScummVM, at least SCUMM engine
* We do not need any money as a "bribe to keep silent"
Provisions prohibiting open source software are not unusual in development and distribution agreements for closed systems. There are similar provisions for all gaming platforms, for example, and for signed drivers for Windows. On the other hand, paid licenses for third-party libraries are fine as long as there is no requirement to release source code.
Something to think about if you believe the playing field is level.
The problem, from my readings of the story and associated stuff, seems to be that ScummVM was ported to the Wii (or at least to the official Nintendo APIs), but didn't release the changes. That's probably a GPL violation.
The really big issue from the initial complaint was not that ScummVM was being used (they seem rather happy about that), but that it was used without credit or attribution. That's a clear GPL violation.
Comment forecast: Bits of genius surrounded by a sea of mediocrity.
What? You don't sign at compile-time, you sign the package after.
Apparently, once it was realized that Atari couldn't legally distribute the game under any circumstances (Because they can't just give the source away, it has to compilable, and it can't be without the SDK, which they obviously can't give away.), Atari's lawyers then went crazy and decided to threaten ScummVM with a lawsuit for reverse engineering...something.
What, exactly, I don't know, as I don't know what stuff Atari owns that ScummVM reverse engineered.
But threaten they did, at least to the point that ScummVM gave up on the 'distribute the source' and said 'As long as you stop shipping the game, it's fine, we will not sue'.
Legally, it seems unclear if Atari could actually get the source, as the code went through at least two subcontractors, in three different countries. And going to court to get a port to the DS that required the Nintendo SDK (Rendering it illegal to actually distribute binaries of, and impossible to have people compile themselves) seemed of dubious value anyway. So any suit forcing Atari to release the code would be sorta silly anyway.
Anyway, I wasn't trying to make Atari out to be angels, I was simply pointing out that, if not for Nintendo's rules about their SDK, Atari would be fine with just releasing the game OSS. (I mean, it's not as if you can play it without the copyrighted data files, which would not be under the GPL.) Once they realized they couldn't do that, the lawyers said 'Oh, crap, we can't make this legal with both ScummVM and Nintendo, and hence we're legally liable either way. So we're going to have to threaten to countersue one of those guys to make them preemptively drop a suit against us.'.
If corporations are people, aren't stockholders guilty of slavery?
First of all, ScummVM doesn't make any rules about what platforms can run 'their games', for the simply fact that ScummVM does not, in fact, own any games.
All games that ScummVM runs are owned by someone else, and if you want to run them a platform not currently supported by ScummVM, feel free to figure out how do that. Either by porting ScummVM and following the licensing, or writing your own interpreter, or buying one. (There is a DS interpreter for LucasArt games from LucasArt.)
And don't forget to license the game itself from the owner if you wish to sell it, which you have to do regardless of whether or not you're using ScummVM.
Secondly, ScummVM has no rules at all about what platforms it can run on. It has rules against what software it can be linked against, and how it can be compiled, and what you have to do after you distribute it. But absolutely no rules about what platform it runs on.
If corporations are people, aren't stockholders guilty of slavery?
The platform, no but it could expose any libraries provided by Nintendo as part of the SDK which are statically linked against the GPL'ed code even though Nintendo was not the party violating the GPL.
As Nintendo owns the copyright on the SDK, only they can re-license it, not Atari. The GPL is quite specific, if Atari cannot distribute their code in compliance with both Nintendo's SDK license, and the GPL, then they cannot distribute their code at all. It doesn't force the Nintendo SDK into being GPL.
http://www.mhall119.com
nope
# Atari could not "buy out" ScummVM from us
# There is no possibility to double license ScummVM, at least SCUMM engine
# We do not need any money as a "bribe to keep silent"
IranAir Flight 655 never forget!