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

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

[Dr. Manhattan]

Companies do have to be careful how they use GPL code, sure. But the real lesson here is that companies have to be much more careful about who their subcontractors are!

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.

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:Nintendo's provision is not unusual

[bzzfzz]

What's the reasoning behind disallowing it? I don't understand.

The platform is closed and Nintendo control the approval process, what's the downside for them?

Their attorneys think about the GPL and the FSF the same way slashdotters think about ASCAP and the RIAA.

Re:Stable door status: open.

[Chris Burke]

They can demand it, but is an unknowing party subject to the license or simply required to cease distribution when informed? It would be difficult to legally force Nintendo to provide anything in this circumstance...

Even assuming that any of Nintendo's code would be involved (it's not obvious to me that this would be the case), you couldn't force them to do anything. If they don't comply with the terms of the GPL, then they are not licensed under the GPL, ergo they are guilty of copyright violations. It'd be their choice to comply with the GPL or accept the penalties for copyright violation, which would include having to cease distribution. You can't force a company to comply with a license agreement they never agreed to, you can only punish them for not having a license to begin with.

So yeah, you're right.

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"