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

GPL Grey Area

[Adrian Lopez]

Considering SCUMM is a virtual machine, wouldn't the files being interpreted by SCUMM be considered data rather than code? I'm not aware of any terms in the GPL which require the authors of a data file that's read by GPL'd software to release that data under the terms of the GPL.