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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."
Based on what people posted for the Jammie Thomas $1.92 million settlement article, opinions will likely be divided into these different viewpoints:
1. Atari should pay 3x the retail cost of the GPL code. 3 x $0 = $0
2. It's only copyright which should be abolished anyways, no harm no foul
3. Code wants to be free, man... why is the GPL holding it back?
What's more likely is this response: OMG! GPL was violated! String Atari up by their balls!!11!!1! The GPL is sacred and must not be blasphemed like this. Grab your torches and pitchforks... we're going on a witch hunt!
I'm certain I'm not alone when I say "Way to go, nintendo".
I know why they did it, there has been a constant worry from closed-source developers that the GPL would force closed source code open. Nintendo is just covering their ass.
Of course, Majesco made Psychonaughts, so the idea of booting their content off of a console for any reason sounds like a suicidal path.
It's been a long time.
This does not, in any way, demonstrate that companies need to be careful of how they use GPL code. They do need to be careful of how they use GPL code, but this doesn't demonstrate it at all.
This entire thing would be fine if it wasn't for Nintendo's rules about what can be used on their devices. Atari would just have to make the modifications to ScummVM available somewhere, which it sounds like it was perfectly willing to do until someone realized that OSS violates the agreement with Nintendo, period.
If corporations are people, aren't stockholders guilty of slavery?
I seem to remember a story a few months back where they distributed code taken from a PC game crack in an official update.
They obviously consider this sort of behaviour acceptable, so I expect they'll have no problem with people pirating their software en masse.