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

If you want ScummVMs take on this

[dmomo]

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"

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

[DavidTC]

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.

Re:Wow

[RiotingPacifist]

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"