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Pirated App Sold On Mac App Store

iDuck writes "When Wolfire Games released their animal martial arts game, Lugaru HD, on the Mac App store, they could be forgiven for thinking they were seeing double. A counterfeit version of the software is currently available on the app store at a much lower price point under the name Lugaru. The best bit: as yet Apple have not responded to Wolfire's emails to rectify the situation. While the source to the game was GPLed, 'the license made it very clear that the authors retained all rights to the assets, characters, and everything else aside from the code itself.'"

334 comments

  1. Huh? by chihowa · · Score: 1, Insightful

    When Wolfire Games released their animal martial arts games, 'Lugaru HD', on the Mac App store, shortly after they could be forgiven for thinking they were seeing double.

    I know I must me new here... Would it kill you, Taco, to read this garbage before posting it? WTF does that sentence even mean?

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    1. Re:Huh? by Kokuyo · · Score: 2

      That they could be forgiven for thinking they were seeing double shortly after the release of the game. Not before, though. Before it was inexcusable ;).

      It does sound awkward but factually it should be correct.

    2. Re:Huh? by The+MAZZTer · · Score: 1

      Makes sense to me. Read the following sentence in the summary. On the other hand, there is no m in "be". :)

    3. Re:Huh? by Amorymeltzer · · Score: 0
      --
      I live in constant fear of the Coming of the Red Spiders.
    4. Re:Huh? by Anonymous Coward · · Score: 0

      When Wolfire Games released their game on the Mac App store, th--

      Hang on, I was going to explain it to you bit-by-bit, but I've it just make really doesn't realised sense

    5. Re:Huh? by Haedrian · · Score: 3

      Action 1: Wolffire Games Releases Lugaru HD
      Action 2: Some time passes
      Action 3: Wolffire Games thinks they're seeing double
      Action 4: Because of the rest of the article, Action 3 may be forgiven.

    6. Re:Huh? by mangu · · Score: 4, Funny

      When Wolfire Games released their animal martial arts games, 'Lugaru HD', on the Mac App store, shortly after they could be forgiven for thinking they were seeing double.

      Let's parse it:

      "When Wolfire Games released their animal martial arts games" - this gives the epoch when the rest of the sentence happened, it was all at the same time as the game was released

      "'Lugaru HD', on the Mac App store," - this is a more detailed explanation that tells us what game was that and where it was released

      "shortly after they could be forgiven for thinking they were seeing double" - this is a more detailed explanation of the time, it all happened shortly after the time when they could be forgiven

      " . " - oops, this sentence no verb and no subject.

    7. Re:Huh? by chihowa · · Score: 2

      On the other hand, there is no m in "be". :)

      That's awesome. Thanks! I knew that I was going to make some mistake in there...

      There ought to be some law saying that every post criticizing spelling or grammar is guaranteed to have a spelling or grammar error!

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    8. Re:Huh? by psm321 · · Score: 3, Funny

      There is. It's called Muphry's Law :)

    9. Re:Huh? by Pteraspidomorphi · · Score: 0, Offtopic

      You maed a mistaek ther.

    10. Re:Huh? by Chrisq · · Score: 2, Funny

      Go fuck yourself you pedantic asshole.

      Don't you mean go and fuck yourself you pedantic asshole?

    11. Re:Huh? by Kilrah_il · · Score: 1

      There is no spoon.

      --
      Whenever in an argument, remember this.
    12. Re:Huh? by sockman · · Score: 5, Informative
    13. Re:Huh? by Kilrah_il · · Score: 1, Offtopic

      No, no, no, he meant: "After he went and fuck in bathroom, shortly after he could be forgiven for thinking he was seeing double."

      --
      Whenever in an argument, remember this.
    14. Re:Huh? by Snaller · · Score: 1

      It means what it says.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    15. Re:Huh? by nkh · · Score: 2

      Thank you my good man for correcting this young fellow with such a high ID number. I'm not english at all and was very curious at your suggestion, but I knew that the internet would settle your disagreement once and for all, for it seems that "In American English go is sometimes followed directly by a bare infinitive" (source).

      No, I'm not drunk.

    16. Re:Huh? by ekgringo · · Score: 1

      No, I'm not drunk.

      This is unforgivable and must be rectified immediately or economic sanctions will follow.

    17. Re:Huh? by maxwell+demon · · Score: 1

      No verb and no subject? Here's how I parse it:

      1. "When Wolfire Games released their animal martial arts games, 'Lugaru HD', on the Mac App store," - subordinate clause telling you a time (and giving some additional information)

      Subject of the subordinate clause: Wolfire Games
      Verb of the subordinate clause: released

      2. "shortly after they could be forgiven for thinking they were seeing double." - Main clause, consisting of
      2.1 "shortly after" - yet another determination of time (telling that follows was a short time after the time the subordinate clause was specifying)
      2.2 "they could be forgiven for thinking they were seeing double." - the main part of the main clause (a linguist would probably have a nice name for that).
      Subject: "they" (referring back to Wolfire Games)
      Verb: "could be forgiven"

      So the main clause clearly states that Wolfire Games could be forgiven, and has two additional parts, one saying when they could be forgiven (shortly after), and one saying for what they could be forgiven (for thinking they were seeing double).

      --
      The Tao of math: The numbers you can count are not the real numbers.
    18. Re:Huh? by Lumpy · · Score: 2

      Forgive him, He graduated from the University of Michigan and not a real college like Michigan State or Notre Dame.

      --
      Do not look at laser with remaining good eye.
    19. Re:Huh? by mangu · · Score: 1

      I'm sure that's what they meant, but then they should have written either

      "Shortly after Wolfire Games released their animal martial arts games, 'Lugaru HD', on the Mac App store, they could be forgiven for thinking they were seeing double"

      or

      "Wolfire Games released their animal martial arts games, 'Lugaru HD', on the Mac App store. Shortly after that, they could be forgiven for thinking they were seeing double"

    20. Re:Huh? by broggyr · · Score: 1

      Thanks. I learned something new today :)

      --
      Irony? Yea, it's like goldy and bronzy, only it's made of iron!
    21. Re:Huh? by Anonymous Coward · · Score: 0

      There no spoon.

      FTFY

    22. Re:Huh? by Mister+Whirly · · Score: 1

      Or even "Shortly after Wolfire Games released their animal martial arts games, an unauthorized copy of the game appeared in the App Store as well." Why try to be so tricksy with the words?

      --
      "But this one goes to 11!"
    23. Re:Huh? by David+Chappell · · Score: 1

      It means what it says.

      I hope not. It says:

      • Something happened shortly after Wolfire Games released "Lugaru HD"
      • Wolfire Games thought they saw double
      • It was possible to forgive them for thinking that they saw double
      • The thing that happened happened shortly after it was possible to forgive them for seeing double
      • The sentence ends before we find out what happened.

      You see, if you parse the sentence according to grammatical rules it consists simply of two qualifiers (one of them absurd) which claim to explain the time of the action described by the missing verb. The author meant to say:

      If shortly after releasing animal martial arts game "Lugaru HD" on the Mac App Store Wolfire Games thought they were seeing double, they could be forgiven.

    24. Re:Huh? by Half-pint+HAL · · Score: 1

      No he couldn't, cos it makes you blind.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    25. Re:Huh? by Anonymous Coward · · Score: 0

      When Wolfire Games released their animal martial arts games, 'Lugaru HD', on the Mac App store, shortly after they could be forgiven for thinking they were seeing double.

      Subject is, "they"
      Predicate is, "could be forgiven."
      Sentence is missing a comma after the word, "after," and should actually use the word, "thereafter."
      Yes, it runs on. Yes, it has a subject and predicate. No, you're not funny.

    26. Re:Huh? by Anonymous Coward · · Score: 0

      *WOOSH*

      That's the sound of the joke right over your head.

      "When someone points out a mistake, they are bound to make their own mistakes"
      "Murphy's Law"
      "Your wronk" == notice the pointing out of mistake WITH mistakes with it? Get it? Now... go back an reread the chain of comments.

      Idiots. Especially you up-voters.

    27. Re:Huh? by Anonymous Coward · · Score: 0

      **

      That's the sound of all of your friends in a room.

    28. Re:Huh? by Mike+Buddha · · Score: 1

      When Wolfire Games released their animal martial arts games, 'Lugaru HD', on the Mac App store, shortly after they could be forgiven for thinking they were seeing double.

      WTF does that sentence even mean?

      That sentence means someone's pretending to be a high falutin' writer! Yee-haw the internet is the wild west and everyone's a Mark Twain!

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    29. Re:Huh? by HomelessInLaJolla · · Score: 1

      Usagi Yojimbo. I kept that game on an 8250 disk. Similar in play to Karateka.

      --
      the NPG electrode was replaced with carbon blac
    30. Re:Huh? by Anonymous Coward · · Score: 0

      So it's Japanese?

    31. Re:Huh? by Pteraspidomorphi · · Score: 1

      And this is why the amount of comments posted in slashdot is declining. The algorithm seems to choose for moderators simple-minded idiots who can't recognize a joke they can't look up in wikipedia. No wonder people are going to be afraid of losing their precious karma...

  2. and in related news by v1 · · Score: 3, Funny

    the FBI has seized the apple.com domain name for facilitating piracy.

    --
    I work for the Department of Redundancy Department.
    1. Re:and in related news by Bobakitoo · · Score: 2

      I did not know Wolfire was a multi-billion dollars corporation. He sure went a long way to be able to pull that kind of stuff. Congrat to him.

    2. Re:and in related news by Anonymous Coward · · Score: 0

      I work for the Department of Redundancy Department.

      I guess you where overlooked for promotion, since you forgot to append the obligatory ", which employs me" to your sig.

    3. Re:and in related news by Talderas · · Score: 1

      You work for the DRDs? The DRDs work for Moya!

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
  3. Re:First post by Anonymous Coward · · Score: 3, Funny

    Yarrr, ye'v been pushed down the page, ye scurvy dog! Yarrrr!

  4. Unwise GPL by BasilBrush · · Score: 1, Informative

    Whilst it's inexcusable that they've been ripped off on their assets, it was rather foolish to release the source code for a currently marketed game.

    1. Re:Unwise GPL by Anonymous Coward · · Score: 1

      I'm not sure what them having released the source code has to do with it. Couldn't the pirates have just submitted a purchased version without needing the source code?

      From the link "This is a kind of software fraud we've never even heard of: a pirate simply downloading the app and resubmitting it to the same distribution channel at a lower price."

      In fact that's what they did. So having released their source code really doesn't even need to be mentioned by the article.

    2. Re:Unwise GPL by drinkypoo · · Score: 4, Interesting

      Whilst it's inexcusable that they've been ripped off on their assets, it was rather foolish to release the source code for a currently marketed game.

      That remains to be seen. This could well open up the opportunity for a lawsuit against Apple, whose policies are not only a limitation on what they will accept, but also a promise of sorts to other developers that they will not accept those things. They are facilitating copyright infringement and they have a review process which is allegedly there to prevent this sort of thing from happening.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Unwise GPL by enec · · Score: 1

      Foolish? How so?

      Was ID foolish to release the Quake 3 engine under GPL too? You can still find Q3A being sold in many places...

      --
      I'm sorry, I only accept criticism in the form of sed expressions.
    4. Re:Unwise GPL by Andy+Dodd · · Score: 5, Informative

      No, it's perfectly kosher to have GPLed source code but non-GPLed game data.

      See the various Quake GPL releases - it has NEVER been legal to use that GPL code to play the original game unless you legitimately owned the data.

      It took quite a while before "standalone" games were created based on the Quake1/2/3 GPL release code, in these cases ALL of the game data was replaced with new (typically Creative Commons-licensed) data.

      I don't think anyone would have an issue here if the Lugaru HD engine were being used with all-new artwork. The problem here is that the Lugaru HD artwork/data is being re-released by the pirates at a much lower price, and Apple is supporting this piracy by not responding to the emails from the owner of the original artwork/data.

      --
      retrorocket.o not found, launch anyway?
    5. Re:Unwise GPL by Tim+C · · Score: 4, Informative

      Say what? There's nothing in the GPL that prevents you from selling your software, or software written by someone else and released under the GPL (as long as you don't change the licence and make the source available).

    6. Re:Unwise GPL by Anonymous Coward · · Score: 0

      That even if "Lugaru" was a perfectly legal derived work - selling it would be illegal.

      You clearly don't understand the GPL. There's nothing in there preventing people from selling GPL'd programs.

    7. Re:Unwise GPL by Anonymous Coward · · Score: 0

      There's nothing in the GPL that prevents the sale of the code. The same can't be said for all of the media and other non-code assets, though, because they have not been released under the GPL.

    8. Re:Unwise GPL by Anonymous Coward · · Score: 0

      source code yes, assets no
      same deal with IDs quake 3

    9. Re:Unwise GPL by MickyTheIdiot · · Score: 1

      I think what was meant was that it is illegal because it is using characters that are under copyright outside of the GPL. I don't see any reason that one can release the source code but keep characters used in the story under a stricter copyright.

      If you use essentially the same source code but change the characters and situations and story, then you would have a legal work.

    10. Re:Unwise GPL by Bobakitoo · · Score: 2

      That even if "Lugaru" was a perfectly legal derived work - selling it would be illegal.

      Selling it under a different license or without complying with the GPL (eg: no source code, misrepresentation...) that is. Selling GPL softwares is fine. It is "pirated" because the assets (eg: model, texture and sound) are not GPL and cannot be redistribued the same way, if at all. To make a legit derived work all the game contents should be redone from scratch.

      There is noting foolish about releasing source code of any commercially distributed software. OP is a troll, and a idiot.

    11. Re:Unwise GPL by Herkum01 · · Score: 1

      Just charge Apple 30% on all game sales and call it even!

    12. Re:Unwise GPL by commodore6502 · · Score: 1

      I'm confused.
      Is Lukaru copyrighted or not? If "yes" then how can someone else make money off YOUR copyrighted work?

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    13. Re:Unwise GPL by petermgreen · · Score: 1

      Was ID foolish to release the Quake 3 engine under GPL too?

      The money was made on the game, the engine was too old to have much value to any commercial but unscrupulous developer and if there was any copy protection to begin with i'm sure it was long cracked by the time the source was released. In other words they had basically nothing to lose by releasing the source.

      You can still find Q3A being sold in many places.

      I'm sure you can still find new old stock copies for sale and you can still buy it from steam (I was somewhat surprised that neither D2D or GOG had it, maybe ID is cosy with steam or something). It doesn't look like they are still making and selling copies through the regular channels though (for example amazon.com list it but only from third party sellers). It certainly isn't something they are pushing anymore.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    14. Re:Unwise GPL by lattyware · · Score: 3, Informative

      Because you gave them permission to do so.

      --
      -- Lattyware (www.lattyware.co.uk)
    15. Re:Unwise GPL by BarryJacobsen · · Score: 1

      Whilst it's inexcusable that they've been ripped off on their assets, it was rather foolish to release the source code for a currently marketed game.

      That remains to be seen. This could well open up the opportunity for a lawsuit against Apple, whose policies are not only a limitation on what they will accept, but also a promise of sorts to other developers that they will not accept those things. They are facilitating copyright infringement and they have a review process which is allegedly there to prevent this sort of thing from happening.

      The review process is not there to do anything of the sort. The review process is to make a reasonable attempt to ensure that the application doesn't do anything harmful and that it follows all of the programming and content related guidelines set forth by Apple. The review process makes no claims that it will prevent similar apps from appearing or that the apps are actually good.

      The very first thing Apple has you sign/agree to when you sign up for the developer program is something that basically states that you certify that you have the rights to publish anything you submit. An agreement in place to make it so Apple doesn't have to waste countless hours checking if the person submitting the app actually has the rights to. The developer that published this broke that agreement and will likely have their account terminated.

    16. Re:Unwise GPL by BarryJacobsen · · Score: 4, Insightful

      Apple is supporting this piracy by not responding to the emails from the owner of the original artwork/data.

      Investigating before responding != supporting. From the sound of it, only a few days have passed - and I'm sure he'd be pretty pissed off if the OTHER guy e-mail Apple first and Apple immediately pulled his app without an investigation.

    17. Re:Unwise GPL by drinkypoo · · Score: 2

      The review process is to make a reasonable attempt to ensure that the application doesn't do anything harmful and that it follows all of the programming and content related guidelines set forth by Apple. The review process makes no claims that it will prevent similar apps from appearing or that the apps are actually good.

      The very first thing Apple has you sign/agree to when you sign up for the developer program is something that basically states that you certify that you have the rights to publish anything you submit

      Yes, that's what I said. Thanks!

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    18. Re:Unwise GPL by BarryJacobsen · · Score: 1

      Yes, that's what I said. Thanks!

      Umm, no. you said "They are facilitating copyright infringement and they have a review process which is allegedly there to prevent this sort of thing from happening."

      The review process is not to prevent THAT soft of thing.

    19. Re:Unwise GPL by Dog-Cow · · Score: 1

      No, they couldn't.

    20. Re:Unwise GPL by Anonymous Coward · · Score: 1

      They could have responded with, "We are investigating the situation and will notify you when we take appropriate action or if we need additional details"

    21. Re:Unwise GPL by arose · · Score: 2

      You're being dense, the review checks if the app is within the rules, one of the rules is "you have to have the rights to distribute this".

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    22. Re:Unwise GPL by BarryJacobsen · · Score: 1

      You're being dense, the review checks if the app is within the rules, one of the rules is "you have to have the rights to distribute this".

      Dense or not, you're conflating rules on the developer with rules the app must follow. The review checks the app is within the rules for the apps (i.e. what's in the App Store Review Guidelines). The rule on "must have the rights to distribute everything submitted" is on being in the developer program (i.e. the Developer Program License Agreement).

    23. Re:Unwise GPL by painandgreed · · Score: 1

      That remains to be seen. This could well open up the opportunity for a lawsuit against Apple, whose policies are not only a limitation on what they will accept, but also a promise of sorts to other developers that they will not accept those things. They are facilitating copyright infringement and they have a review process which is allegedly there to prevent this sort of thing from happening.

      I highly doubt it. What do you want to bet that the review process involves the submitter signing something stating that they own what they are trying to sell. It's just like when Kindle users ended up buying copies of 1984 when they didn't have the license. Now that Apple has been informed, it will be corrected. The test will be to see if Apple deletes the illegally sold apps off of people's devices like was done on the Kindle.

    24. Re:Unwise GPL by Half-pint+HAL · · Score: 1

      I don't see any reason that one can release the source code but keep characters used in the story under a stricter copyright.

      I agree. Doesn't the GPL cover the whole work? I think they may be confusing their GPL and their LGPL....

      HAL.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    25. Re:Unwise GPL by Half-pint+HAL · · Score: 1

      The very first thing Apple has you sign/agree to when you sign up for the developer program is something that basically states that you certify that you have the rights to publish anything you submit. An agreement in place to make it so Apple doesn't have to waste countless hours checking if the person submitting the app actually has the rights to. The developer that published this broke that agreement and will likely have their account terminated.

      That's an agreement between Apple and the infringing party. It doesn't idemnify Apple, it just gives them legal recourse to sue the infringing party to recover any losses incurred if Apple loses the case.

      The original author of this game has no contractual relationship with the fraudulent uploader, so the contract doesn't apply to him.

      The original author does have a contract with Apple, saying that Apple will give him $X for every unit sold. Apple therefore owe him that amount under their current contract. Apple's lack of process to prevent this is Apple's problem.

      HAL.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    26. Re:Unwise GPL by s73v3r · · Score: 1

      Selling it is illegal, but not for the reason you said. The pirated Lugaru was distributed with the original art assets, which were released under a different license that does not allow distribution for commercial purposes.

    27. Re:Unwise GPL by s73v3r · · Score: 1

      Nope. One can release just the engine/source code under the GPL, and keep the art assets and stuff under a different licence, or not license them at all. id does this with all of their game engines.

    28. Re:Unwise GPL by s73v3r · · Score: 1

      I highly doubt such a thing would be possible. Otherwise, then YouTube could also be held liable for any infringement that happens, because presumably they filter the videos beforehand for copyrighted material.

    29. Re:Unwise GPL by s73v3r · · Score: 1

      That's like saying that YouTube's lack of process to prevent copyrighted material is YouTube's problem. Everyone on here was up in arms when Viacom sued them for facilitating copyright infringement, though.

    30. Re:Unwise GPL by drinkypoo · · Score: 1

      Dense or not, you're conflating rules on the developer with rules the app must follow.

      It's called obtuse, deliberate or not, because contracts apply to people or to corporations, not to applications, which have not (yet?) been assigned personhood.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re:Unwise GPL by BarryJacobsen · · Score: 1

      Dense or not, you're conflating rules on the developer with rules the app must follow.

      It's called obtuse, deliberate or not, because contracts apply to people or to corporations, not to applications, which have not (yet?) been assigned personhood.

      You said they have a review process to catch apps that are infringing on copyright. They do not. They have never stated that the review is meant to be a copyright check. They have a review process for the sole purpose of determining if an app is of suitable quality.

      Additionally they have a contract with developers that states the developer will not submit content they do not own the license for and that said developer will incur all costs associated with anything that happens to Apple as a result of the application (section 11 of the contract) and that by submitting an application you are stating to Apple that everything is legit and has no reason to suspect anything illegal is transpiring.

      Again - these are two separate things. They do not have a review process to prevent copyright infringement.

    32. Re:Unwise GPL by drinkypoo · · Score: 1

      Once you provide YouTube with a DMCA notice then they take the material down quick-like. No idea if the offended party here has tried the same on Apple.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    33. Re:Unwise GPL by Americano · · Score: 1

      You're trying to be a lawyer (and failing) - the review process is in no way a copyright compliance check.

      When you sign up for the developer program, you assert that you own the rights to sell & distribute anything you submit to Apple for sale & distribution. This indemnifies Apple from any copyright claim, because you have agreed that it is up to *YOU* to ensure that your submissions are in compliance by signing up as a developer. If it turns out you aren't following those rules, then you will be subject to the penalties specified in the agreement you enter into with Apple - likely removal of all software you've uploaded for sale.

      If you upload something which you do NOT own the rights to, then the copyright violation is *yours,* not Apple's. Just like you can't sue HP because they made a printer with a scan/copy function which somebody uses to make a copy of Moby Dick - the copyright violation is not HP's fault, it is the fault of the person who misused the tool to infringe someone else's copyright.

      Unless you'd also care to argue that the RIAA is well within their rights to sue anybody who makes a bit torrent client, or other peer to peer sharing software, too?

    34. Re:Unwise GPL by VortexCortex · · Score: 1

      The review process is not there to do anything of the sort. The review process is to make a reasonable attempt to ensure that the application doesn't do anything harmful and that it follows all of the programming and content related guidelines set forth by Apple. The review process makes no claims that it will prevent similar apps from appearing or that the apps are actually good.

      Nope, The approval process has no other purpose but to deny apps Apple doesn't like.

      Native apps w/o source code are next to impossible to review aside from using a full code path coverage tool. A tool could be used to ensure all code paths are tested during approval process, but clearly Apple isn't doing this or else 15 year olds wouldn't be able to sneak tethering into a flash-light app.

      If tethering can slip through unnoticed, why not malware? WHAT'S THE POINT?

    35. Re:Unwise GPL by BarryJacobsen · · Score: 1

      The review process is not there to do anything of the sort. The review process is to make a reasonable attempt to ensure that the application doesn't do anything harmful and that it follows all of the programming and content related guidelines set forth by Apple. The review process makes no claims that it will prevent similar apps from appearing or that the apps are actually good.

      Nope, The approval process has no other purpose but to deny apps Apple doesn't like.

      Native apps w/o source code are next to impossible to review aside from using a full code path coverage tool. A tool could be used to ensure all code paths are tested during approval process, but clearly Apple isn't doing this or else 15 year olds wouldn't be able to sneak tethering into a flash-light app.

      If tethering can slip through unnoticed, why not malware? WHAT'S THE POINT?

      Malware could easily slip through unnoticed. The quick scan of the binary that Apple does detects what is linked against and if they link to anything that allows them to leave the sandbox or do anything other than use the Apple sanctioned APIs then it's detected and not approved. Thus what the malware could do is significantly limited. Tethering isn't actually doing anything malicious (what that app did was actually make a web proxy that could be accessed and used, all with available and approved APIs) and is actually not allowed for contractual reasons with the carriers. Similarly it would be entirely possible to sneak a link to a pornography site in an application, despite pornography not being allowed.

    36. Re:Unwise GPL by gknoy · · Score: 1

      Youtube does not have its entire content required to pass human approvals first, though.

    37. Re:Unwise GPL by BasilBrush · · Score: 1

      No, it's perfectly kosher to have GPLed source code but non-GPLed game data.

      That would be why I wrote: "Whilst it's inexcusable that they've been ripped off on their assets". Assets is the industry term for game data. Graphics, maps, sounds etc.

      I said it was foolish to release their source code, because it made it easy for them to be ripped off on the entire game. Ripping assets is easy, but without the source code, creating a slightly modified copy is a lot more difficult.

    38. Re:Unwise GPL by Dhalka226 · · Score: 1

      It doesn't take very long to investigate and make a determination. Why, Slashdot has already decided before they even finished reading the summary!

    39. Re:Unwise GPL by cduffy · · Score: 1

      Whilst it's inexcusable that they've been ripped off on their assets, it was rather foolish to release the source code for a currently marketed game.

      They've been ripped off on the source too -- the App Store's license isn't GPL-compatible.

    40. Re:Unwise GPL by raynet · · Score: 1

      Normally it would be YouTube's problem, but the DMCA's safe harbour rules give protection to YouTube as long as they take down content when asked to.

      --
      - Raynet --> .
    41. Re:Unwise GPL by BasilBrush · · Score: 1

      They've been ripped off on the source too -- the App Store's license isn't GPL-compatible.

      It's arguable whether GPLv3 is compatible with the App Store. But GPLv2 is certainly compatible. And the game in question was released under GPLv2. Hence the copier was not at fault for using the source code in his game.

    42. Re:Unwise GPL by cduffy · · Score: 1

      Sorry, no.

      VLC is GPLv2, and it's blocked from the app store due to license incompatibility.

    43. Re:Unwise GPL by CheerfulMacFanboy · · Score: 1

      The original author does have a contract with Apple, saying that Apple will give him $X for every unit sold. Apple therefore owe him that amount under their current contract. Apple's lack of process to prevent this is Apple's problem.

      HAL.

      So where did you get the idea that the contract with Apple says "that Apple will give him $X for every unit sold, even when submitted by some other party"? The lack of proof for that is your problem.

      --
      Fandroids hate facts.
    44. Re:Unwise GPL by CheerfulMacFanboy · · Score: 1

      Whilst it's inexcusable that they've been ripped off on their assets, it was rather foolish to release the source code for a currently marketed game.

      They've been ripped off on the source too -- the App Store's license isn't GPL-compatible.

      So you admit that submitting the game after opening the source, Wolfire is the real culprit here for violating the GPL, and their contract with Apple was never valid for it.

      --
      Fandroids hate facts.
    45. Re:Unwise GPL by CheerfulMacFanboy · · Score: 1

      Whilst it's inexcusable that they've been ripped off on their assets, it was rather foolish to release the source code for a currently marketed game.

      They've been ripped off on the source too -- the App Store's license isn't GPL-compatible.

      Forget my previous reply - I just realized that your argument is completely invalid because this is about the Mac App Store

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      Fandroids hate facts.
    46. Re:Unwise GPL by cduffy · · Score: 1

      Eh? As the copyright holder, they can relicense under any terms they want, including App Store compatible ones; it's anyone else who can't do that.

    47. Re:Unwise GPL by BasilBrush · · Score: 1

      Even the developer who made the complaint doesn't believe the actual reason that Apple removed VLC was because he had won the argument about GPL being incompatible with the App Store:

      http://www.readwriteweb.com/archives/as_vlc_for_iphone_ipad_pulled_from_app_store_whats.php

      It remains the opinion of one guy that GPLv2 is incompatible. Meanwhile there are many GPLv2 apps on the App Store with no problem. So you have show no cause and effect. Neither have you specified which particular GPLv2 license term is incompatible.

      My view is that Apple removed the app because one of the lead developers of the code wanted it removed, and not removing it would only lead to bad publicity. The GPL was irrelevant.

    48. Re:Unwise GPL by cduffy · · Score: 1

      I'm not going on a blog post. See the FSF's analysis.

    49. Re:Unwise GPL by CheerfulMacFanboy · · Score: 1

      Even the developer who made the complaint doesn't believe the actual reason that Apple removed VLC was because he had won the argument about GPL being incompatible with the App Store:

      http://www.readwriteweb.com/archives/as_vlc_for_iphone_ipad_pulled_from_app_store_whats.php

      Wow, really? A guy attacks first attacks Apple for being evil that they don't follow the GPL, and then attacks Apple for being evil for following the GPL and thus proving that they hate the GPL. A guy who coincidentally works for a competitor of Apple.

      And if you want more proof how dumb that article is - they claim there is no GPLed software on the Mac App Store. What is this discussion about again? An app that happens to be under the GPL?

      --
      Fandroids hate facts.
    50. Re:Unwise GPL by BasilBrush · · Score: 1

      Thanks for the link. Yes, it shows that someone from the FSF considers GPLv2 incompatible with the App Store. Maybe it is.

      More interesting was reading through the entire thread at the animosity in the OSS camp. That the the VLC community want to have an iPhone version. But one of their number who works for Nokia created a stink. Of course it's all about ideology, not about Nokia/Apple rivalry! One of the VLC developers regrets VLC is under the GPL, and said it was against his wishes. Which I find very understandable.

      I'm more convinced now by the argument that the GPL is a viral. By unwisely selecting a GPL license for VLC, now the VLC developers can't do what they want with it.

      OK, that adds more weight to my original post that the developer of this iPhone game was unwise to release it under the GPL.

      It's no wonder the OSS community are so slow to get anything worthwhile done. All that arguing amongst themselves must take up lots of time.

    51. Re:Unwise GPL by Half-pint+HAL · · Score: 1

      So where did you get the idea that the contract with Apple says "that Apple will give him $X for every unit sold, even when submitted by some other party"? The lack of proof for that is your problem.

      There is no need to explicitly state "even when submitted by some other party. App authors are not responsible for Apple's systems -- Apple is.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    52. Re:Unwise GPL by CheerfulMacFanboy · · Score: 1

      So where did you get the idea that the contract with Apple says "that Apple will give him $X for every unit sold, even when submitted by some other party"? The lack of proof for that is your problem.

      There is no need to explicitly state "even when submitted by some other party. App authors are not responsible for Apple's systems -- Apple is.

      And what do Apple's systems have to do with anything? Do you also want to sue Cisco?

      --
      Fandroids hate facts.
  5. GPL by Infiniti2000 · · Score: 1

    The real issue in this is how this will affect the public opinion on free software. It will not be good.

    1. Re:GPL by dotancohen · · Score: 5, Insightful

      The real issue in this is how this will affect the public opinion on free software. It will not be good.

      The public won't notice. As usual.

      --
      It is dangerous to be right when the government is wrong.
    2. Re:GPL by hedwards · · Score: 1

      Why would it affect the public opinion? Apple would have to arrange refunds for those that bought the fraudulent app and they'd have their money back. Apple is after all somewhat responsible in this case. It's not like the android market where Google wouldn't be responsible until somebody notified them about it, Apple does screen apps before they enter the store.

  6. FBI Not As Bad As DHS/ICE by eldavojohn · · Score: 3, Informative

    the FBI has seized the apple.com domain name for facilitating piracy.

    I think you mean DHS's ICE division. They're the guys running around seizing domain names for little to no reason.

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    My work here is dung.
  7. Unfortunately. by Anonymous Coward · · Score: 0

    What everyone needs today in business are good layers and not a good product or even a product, just take it from someone...

    1. Re:Unfortunately. by pcgfx805 · · Score: 1

      'Layers'? Pimp?

    2. Re:Unfortunately. by Stenchwarrior · · Score: 1

      If we had a good layer I'd never get any work done.

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      Loading...
    3. Re:Unfortunately. by s73v3r · · Score: 1

      Ummm, in this case, lawyers are good, as they would be helping the Wolfire Games guys out in stopping this blatant abuse of their game.

  8. Re:GPL? by drinkypoo · · Score: 1

    The engine is GPL. The assets are not. You should have been able to figure this out from the summary, let alone TFA. Go troll elsewhere.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  9. The GPL does not have maps and art just game code by Joe+The+Dragon · · Score: 3, Informative

    The GPL does not have maps and art just game code. You need to buy the maps and art.

  10. Did Slashdot go retarded today? by MukiMuki · · Score: 5, Informative

    I've seen too many stupid comments about this today and yesterday, so I'm going to clarify a few points:

    1. The SOURCE CODE to the EXECUTABLE was released as GPL.
    2. GPL DOES, in fact, allow you to sell your build of that executable.
    3. While they did distribute the assets (textures, models, sound, etc.) with the source code, those assets WERE NOT distributed via GPL.
    4. GPL is for source code, not assets. For that, you're looking at a creative commons type license for something similar.
    5. The assets were distributed with a "you can do anything BUT SELL IT" license

    Meaning, as they charge $2.00 for it, Lugaru (non HD) is in blatant copyright violation. Never mind, using the name is probably a blatant trademark violation.

    I think a lot of games (especially indie type titles) could benefit from going open source, while keeping tight hold on their assets. Sell the textures, models, and sounds, and give the source away. If someone wants to "steal" your game, they're going to have to build the rest themselves from scratch. It would help both in keeping tiny titles like that away from falling into the abandonware pit (especially if it's incompatible with modern OS's), and helping aspiring game devs in understanding how game logic works.

    1. Re:Did Slashdot go retarded today? by munitor · · Score: 1

      Props for trying to educate trolls. If they are retarded, then props for trying to educate the uninformed. Tough work, though.

    2. Re:Did Slashdot go retarded today? by TibbonZero · · Score: 2

      Also note that the GPL isn't compatible with the iOS store due to restrictions placed on what the user can do with the software (can't copy the binaries and send to a friend). Additionally iCoder hasn't posted/distributed/responded to requests for the code.

      --
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      tibbon.com
    3. Re:Did Slashdot go retarded today? by Stan+Vassilev · · Score: 0

      Meaning, as they charge $2.00 for it, Lugaru (non HD) is in blatant copyright violation. Never mind, using the name is probably a blatant trademark violation.

      Yes, they're in a blatant copyright violation.
      Yes, they're in a blatant trademark violation.

      However releasing all your game code *and* assets and being surprised someone takes a shot at abusing the license? That's a blatant lack or foresight.

      Neither side in this story gets my sympathy.

    4. Re:Did Slashdot go retarded today? by Enderandrew · · Score: 1

      When you sync your phone, iPod, iPad, etc. the binary is cached on your hard drive. In theory you can copy that binary and redistribute it. It just isn't readily apparent to people.

      And while Apple eventually kicked out VLC over the whole GPL debate, they have kept in apps like Wesnoth, which is also under a GPL license.

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    5. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      That iOS store restrictions do not make it incompatible with GPL. It merely limits the avenues to which you can use to obtain the source code.

      What iCoder is doing (or not doing in this case) seems incompatible with GPL.

    6. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 2, Insightful

      Neither side in this story gets my sympathy.

      Meaning that the person who sells an illegal version of the game, undercutting the business of the actual developers, and the person who gave away [most but not all] of his work for free so that others might learn from it and do cool things, are both equally evil/good? How fair-minded of you.

    7. Re:Did Slashdot go retarded today? by daid303 · · Score: 1

      The problem with this is, once people have the code, stealing the assets is easier. Sure without the source you can make 1:1 copies of the assets, but you cannot remove the 'origin' then. And you cannot steal single assets then.

      I'm currently in the process of building a freeware game with someone. The game will be free, but we'll also be selling a high quality soundtrack (with bonus tracks) from the game. If people could rip the music from the game the selling of the soundtrack will be a lot tougher. I'm porting the game to a lot of different platforms myself, so I see no benefit in going open source.

    8. Re:Did Slashdot go retarded today? by hedwards · · Score: 1

      Strictly speaking, the models and thing necessary to run an app are usually included with the license for the source. In this case though the developers opted not to do that, which is their right. And personally, I think that it's a reasonable compromise given that the main interest people had was in the ability to use the engine, patch bugs in the future and port the game to other platforms.

    9. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      As far as 4. goes - well, it can be used with other things, but it is just resulting in some legal un-clarity - you wouldn't know how a court somewhere in the world would interpret the license... But it was not used that way here.

    10. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      The problem with this is, once people have the code, stealing the assets is easier.

      Given that one of the most common criticisms of open source software is, "It's ugly," going open source probably gives people the only part of the game they're interested in, anyway. People less likely to steal the A/V assets than to replace them with something better, leaving the original version to look like the cheap knockoff.

    11. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      No, it isn't compatible. And no, you can't redistribute it. The other GPL'd apps on the App Store are published by the original copyright holders, who can relicense the program under a compatible license. The reason VLC was kicked off was because it wasn't VideoLAN who put it on. That means that they could *only* license it under the GPL.

    12. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      That's a blatant lack or foresight.

      Au contraire, mon ami. Wolfire is quite good at this game called "marketing". I'm always a bit amazed how often they make news. Their foresight is working well if you ask me.

    13. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 1

      Apple didn't remove VLC from the app store. VLC developers requested it to be removed.

    14. Re:Did Slashdot go retarded today? by arose · · Score: 1

      What do you mean by "*and*", that didn't happen!

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    15. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      No you can't. That binary would be copy-protected (and tied to your iPhone).
      And you cannot redistribute it, since you cannot install anything without jailbreaking.

    16. Re:Did Slashdot go retarded today? by locallyunscene · · Score: 0

      can't copy the binaries and send to a friend

      What? The GPL specifically allows you to distribute the code. If you package the code as a binary the source must still be available in some form. If you copied the binaries of almost any proprietary code you'd be committing copyright infringement as well.

    17. Re:Did Slashdot go retarded today? by Microlith · · Score: 1

      And even had VideoLAN been the ones to put it on the store, each individual developer holds the copyright to their work. So the "incident" would have been likely regardless.

    18. Re:Did Slashdot go retarded today? by 99BottlesOfBeerInMyF · · Score: 1

      No you can't. That binary would be copy-protected (and tied to your iPhone).

      This is about Mac software, not iPhone software. It is tied to the Mac and the account, but that doesn't mean you can'y copy it, it just means doing so may not be very useful to you.

    19. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      They didn't really kick out VLC "over the whole GPL debate," they kicked out VLC over one contributor's complaint. As long as there are no similar complaints against Wesnoth, it'll probably remain available.

    20. Re:Did Slashdot go retarded today? by Raenex · · Score: 1

      4. GPL is for source code, not assets. For that, you're looking at a creative commons type license for something similar.

      It's quite reasonable that assets are considered part of the source code for a program. If a program is completely unusable without the assets, then those assets are essential data, and can be considered part of the source that gets compiled into a whole program.

      To think otherwise would be deny the whole purpose of the GPL. There was no "creative commons" before the GPL, and it was expecting that the GPL covered everything needed to run the program. It is one work, a whole.

      If you were to take some GPL source code that you don't have the copyright for, slap in your own assets on top of it, and redistribute it, there's a good chance you'd lose in court if those assets weren't also GPL.

      This particular case is a little different because, I presume, the Lugaru guys own the copyright for the GPL parts, so they can release the source as GPL and then do what nobody else can, which is release a non-GPL version which includes proprietary assets. This is the GPL game that MySql played -- being able to dual-license their product for commercial benefit.

    21. Re:Did Slashdot go retarded today? by david_thornley · · Score: 1

      You can fish out the binaries and send them to a friend. It's not a quick and obvious process, but it doesn't have to be to conform to the license. The binaries will be useless to the recipient, but that's OK under GPLv2. The FSF didn't approve of that dodge (known as Tivoization after the use of Linux on the Tivo), and created GPLv3. You can't have an iPhone app that's under GPLv3, or uses any GPLv3 components.

      In what way is this different from the Tivo, which uses third-party GPLv2 software (Linux) in a locked-down form?

      --
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    22. Re:Did Slashdot go retarded today? by znu · · Score: 1

      Also note that the GPL isn't compatible with the iOS store due to restrictions placed on what the user can do with the software (can't copy the binaries and send to a friend).

      Yes, you can. The binary is synced to your computer, from where you can copy it anywhere you like. It's true that the binary is linked to a specific iTunes account, but first off, GPL doesn't actually say you have to be able to execute a binary on any given device (all sorts of embedded systems would run afoul of the GPL if it did), and secondly, there's technically no limit to the number of iOS devices a purchased app can be installed on, so long as they're all authorized on the iTunes account that purchased it. (And an iOS device can be authorized on multiple iOS accounts simultaneously as well -- I think up to five.)

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    23. Re:Did Slashdot go retarded today? by amorsen · · Score: 1

      When you get an app from the App Store, you agree to terms such as "must only install on 5 devices". That term is an additional restriction beyond what the GPL contains. You are not allowed to add additional restrictions when redistributing software under the GPL. Since the developer cannot remove these extra terms, the App Store is not allowed to distribute software under the GPL.

      Now, this is not a problem in the case of Lugaru HD, because the only person with standing to sue is the original developer (assuming he did not distribute any GPL'd code which he did not write himself), and he is the one who put the app into the App Store in the first place, so he is unlikely to sue Apple for illegal distribution of the software.

      The person who copied the app is not following the terms of the GPL license (or colluding with Apple to distribute without a valid license), so he can be sued for copyright infringement -- even if he had not copied the proprietary content but only the game itself.

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    24. Re:Did Slashdot go retarded today? by amorsen · · Score: 1

      Oh crap, my comments apply to the iPhone App Store, not the Mac App Store. I have no idea whether there are any GPL-related problems with the Mac App Store.

      In short, forget I said anything.

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    25. Re:Did Slashdot go retarded today? by JoelKatz · · Score: 1

      So they're selling the GPL'd code and including the assets for free. It sounds like they just failed to make this clear.

      In any event, a "you can do anything but sell it" license can't work, due to 17 USC 109:
      "[T]he owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord[.]" - 17 USC 109

      You can make 50,000 copies of the assets and then give them to me. You have complied with the license, since you didn't sell them. I can then sell them, since 17 USC 109 gives me that right and a copyright license cannot take away any rights.

    26. Re:Did Slashdot go retarded today? by willy_me · · Score: 1

      This article was about the Mac App store, not the iOS store..

    27. Re:Did Slashdot go retarded today? by mellon · · Score: 1

      Actually, in this case, because they own the copyright, the GPL, particularly version 3, would have been ideal for them. The GPL has an anti-tivoization clause, which means that anyone who doesn't own the copyright is violating the copyright if they distribute the code on iOS (since the license isn't valid for that use). However, the owner of the copyright is not in violation of the GPL, since they don't need a license to copy the software—it's theirs.

      The only disadvantage of this model is that you can't take code contributions, because you wouldn't own the copyright on them. But that's of limited value anyway—very few open source projects actually *get* meaningful code contributions from third parties.

    28. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      Points 1--3 were fine.

      "4. GPL is for source code, not assets. For that, you're looking at a creative commons type license for something similar."

      Now you're talking out of your ass. There's no reason a bitmap can't be "source" material. If you start with vector graphics and generate bitmaps, then yes, the vector graphics are then the source material. Same if you start with a 3D model. However, if the company doesn't make it clear what is considered source, then you could easily assume the bitmap graphics distributed with the game are pristine source material, with no adaptation or processing performed on them.

      "5. The assets were distributed with a "you can do anything BUT SELL IT" license...Meaning, as they charge $2.00 for it, Lugaru (non HD) is in blatant copyright violation."

      Now you're not even following logic. If the assets aren't allowed to be sold, but GPL'd source is, the question is what is being sold, and what is simply included. Since GPL'd source is freely available, by definition that is not being sold -- their compilation / packaging / distribution is. IF the bitmaps are considered source, then a similar argument could apply.

      I'm not saying the Luguru people are right, just that you're wrong.

    29. Re:Did Slashdot go retarded today? by s73v3r · · Score: 1

      Ignoring the iOS app store, and concentrating on the Mac App Store for a minute; would it still be a GPL violation to distribute a GPL program through there, even though the source is readily available and you can easily go to a website and download the binary as well?

    30. Re:Did Slashdot go retarded today? by s73v3r · · Score: 1

      Quit being an idiot. They released the code under GPL. They did not do the same for the assets.

    31. Re:Did Slashdot go retarded today? by suutar · · Score: 1

      Hence the incompatibility. The GPL says you have to be able to do that; the Apple Store terms say you can't.

    32. Re:Did Slashdot go retarded today? by mark-t · · Score: 1

      Ah.... but are they selling the assets? Arguably, particularly since they have a lower price point, they are merely bundling the assets for free in the package that they *ARE* selling.

    33. Re:Did Slashdot go retarded today? by T.E.D. · · Score: 1

      One other thing to note is that a "work" under the GPL may be organized in such a way that it is impossible to legally redistribute it. The copyright holder however can still legally distribute it themselves. They aren't bound by the license; that's for everyone else.

      IMHO the art work for that program is really required to make it workable, and in its raw form would constitute part of "the preferred form of the work for making modifications to " the program, which is the GPL's defiintion of "source code". So either it needs to be under the GPL too, or that program is not truly under the GPL and cannot be redistributed in any form. If the authors take source modifications from the general public, I hope they are requiring copyright assignments, or even they are not legally allowed to distribute it.

      That's just my reading though. They have (purposely) made the issue so muddied that it would probably require lawyers to straighten out.

    34. Re:Did Slashdot go retarded today? by Gaygirlie · · Score: 1

      IMHO the art work for that program is really required to make it workable

      It's a game engine. Usually engines do not come with art work, audio files etc, instead requiring you to create them and thus the engine isn't very useful before you have such. This is no different.

      So either it needs to be under the GPL too, or that program is not truly under the GPL and cannot be redistributed in any form.

      Incorrect. GPL does not mandate in any way or form that the source-code package must work or that it must include all assets, including those which are not even source-code at all nor part of it. GPL does not even mandate that the code released must make any kind of sense at all or be useable by anyone. Thus they (Wolfire Games) are perfectly within their rights in doing this.

      That's just my reading though. They have (purposely) made the issue so muddied that it would probably require lawyers to straighten out.

      It's actually very straight-forward and there's no need for lawyers here: source-code is indeed under GPL and you are free to do with it as you please. Only the external assets are still proprietary and you may only use those for gratis distributions. Even if iCoder went on to claim that their version of Lugaru on App Store includes those assets for no charge they'd still be in violation of the license as the whole package counts as redistribution and it rather clearly isn't gratis.

    35. Re:Did Slashdot go retarded today? by Gaygirlie · · Score: 1

      It's quite reasonable that assets are considered part of the source code for a program. If a program is completely unusable without the assets, then those assets are essential data, and can be considered part of the source that gets compiled into a whole program.

      There is no clause whatsoever in the GPL that the source released must be functional or even worth anything to anyone or to suit any kind of specific purpose. Thus the whole basis for your argument is already wrong. Besides, the engine is indeed perfectly functional and working. It may not work the way you wish, like for example being playable, but that is only your own problem.

      and it was expecting that the GPL covered everything needed to run the program.

      As said, GPL does not mandate one to include all possible kinds of data with the actual code. If it did it would be a real red herring for lawyers who'd come in troves arguing that you need to include this or that data and because you didn't you're liable for damage. And again, the engine is working perfectly fine and is entirely useable. You are the one expecting it to be more than it is whereas others take it for simply a game engine.

    36. Re:Did Slashdot go retarded today? by Gaygirlie · · Score: 1

      In any event, a "you can do anything but sell it" license can't work, due to 17 USC 109:
      "[T]he owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord[.]" - 17 USC 109

      You can make 50,000 copies of the assets and then give them to me. You have complied with the license, since you didn't sell them. I can then sell them, since 17 USC 109 gives me that right and a copyright license cannot take away any rights.

      First of all, that is not how the copyright law works. The law that you quote quite clearly says "particular copy", ie. it doesn't say you are allowed to make unlimited copies without copyright holder's permission, it only states that you may sell the particular copy you have bought yourself, not copies of it. Secondly, copyright license isn't taking away any rights in this case: by default you do not have the right to make copies of copyrighted works nor distribute them. It's only after copyright holder has given the permission to do so that you may do it, and in this case you get that permission only if you abide by their rules. Copyright law is very precise and clear on this: you do NOT have any rights whatsoever regarding copyrighted work unless explicitly given by the copyright owner or mandated by other laws.

    37. Re:Did Slashdot go retarded today? by Gaygirlie · · Score: 1

      Ah.... but are they selling the assets? Arguably, particularly since they have a lower price point, they are merely bundling the assets for free in the package that they *ARE* selling.

      They are not distributing the assets as a separate package, they are distributing them as one single work and are charging for the work, and thus it does count as license violation. The cost of the work has nothing to do with it, law doesn't make any difference between a work priced at $1 or a work priced at $1,000.

    38. Re:Did Slashdot go retarded today? by JoelKatz · · Score: 1

      Did you read 17 USC 109? It specifically gives you the right to sell a copy that you lawfully made and own. The license cannot take this right away. A "you can do anything but sell it" license cannot work because the license gives you the right to do anything but sell it and 17 USC 109 gives you the right to sell it.

      Look at my specific example again: Joe makes 50,000 copies of the assets and gives them to John for free. Joe has not violated the license since he hasn't sold anything. John is now the legal owner of 50,000 particular copies of the assets. He can now sell all 50,000 of them. Joe gets his right to sell from 17 USC 109, which the license cannot take away.

      A "you can do anything but sell it" license simply cannot work under US copyright law.

    39. Re:Did Slashdot go retarded today? by Gaygirlie · · Score: 1

      Did you read 17 USC 109? It specifically gives you the right to sell a copy that you lawfully made and own

      No, it doesn't. As I said, it clearly says "a particular copy." There is absolutely no mention whatsoever at all about allowing you to create copies. If it did indeed allow you to make unlimited copies of any work you might have and then sell those it would similarly allow you to copy DVDs, CDs, computer games and whatnot and sell those. And that clearly isn't true.

      The license cannot take this right away.

      Indeed, the license is only granting rights, not removing them. It's the copyright law itself that isn't giving any rights.

      He can now sell all 50,000 of them. Joe gets his right to sell from 17 USC 109, which the license cannot take away.

      Copyright law takes precedence here. First Sale Amendment on the other hand takes precedence over copyright law. But since this isn't sales First Sale Amendment doesn't apply. Or to give a simplified example: if the law worked as you say I could just make 50,000 copies of my favorite DVD and give them to my friend Joe. Joe would then proceed to sell those 50,000 copies.

      Capiché?

    40. Re:Did Slashdot go retarded today? by JoelKatz · · Score: 1

      "But since this isn't sales First Sale Amendment doesn't apply."

      Umm, what? First sale has nothing to do with whether or not something is sold. It says exactly what the it seems to say -- if you lawfully possess a copy of a work, you can sell that copy without permission from the copyright holder.

      "Or to give a simplified example: if the law worked as you say I could just make 50,000 copies of my favorite DVD and give them to my friend Joe. Joe would then proceed to sell those 50,000 copies."

      No, you can't because those 50,000 copies would not be "lawfully made" as 17 USC 109 requires.

      I'm right about this. It's simple, obvious, and non-controversial. You can choose to understand it or not.

    41. Re:Did Slashdot go retarded today? by Anonymous Coward · · Score: 0

      An interesting note: "non HD" app Lugaru has an icon which states 'HD.'

    42. Re:Did Slashdot go retarded today? by mark-t · · Score: 1

      While the net effect might still be that the customer gets the assets for a lower price than they otherwise could, if the copyright holder allowed the assets to be freely distributed only under the provision that they not be sold, then that still leaves the blatant loophole that the assets *could* be given away for free bundled with a product that *IS* being sold.

    43. Re:Did Slashdot go retarded today? by Raenex · · Score: 1

      There is no clause whatsoever in the GPL that the source released must be functional or even worth anything to anyone or to suit any kind of specific purpose.

      Of course not, but it does say you need to provide the complete source to the program, and all of it must be under the GPL. It goes to great lengths to talk about the work as a whole. Thus, you can't just separate out "assets" as something that the GPL does not apply to.

      And again, the engine is working perfectly fine and is entirely useable. You are the one expecting it to be more than it is whereas others take it for simply a game engine.

      I did no such thing. I was talking responding to the general claims of my parent poster, who said, "GPL is for source code, not assets."

      I made no claims that this particular game was in violation of the GPL. If it's their code, they can license it however they wish, including or not including assets.

    44. Re:Did Slashdot go retarded today? by bws111 · · Score: 1

      You are glossing over the important point that when you transfer the 50000 copies you are also transferring the license, which still says you can't sell them. And if you aren't transferring the license (as required by the license) then you are in violation of the license, and the 50000 copies are not 'lawfully made', because absent the license you aren't allowed to make any copies.

    45. Re:Did Slashdot go retarded today? by Kanasta · · Score: 1

      surely Lugaru is cheaper because they are selling only the executable, and not the assets? they are giving away the assets for free!

    46. Re:Did Slashdot go retarded today? by toriver · · Score: 1

      Assets here are runtime data, not source code. If I wrote a GPL application that read an RSS feed from some newspaper, that would not put that RSS content under the GPL. The GPL would apply to the program (binary and source) and not necessarily to all elements of a particular bundling of the program and some other files it would be reading at runtime (GPL v2 does not really care about what happens at runtime since it is not an EULA)). The program and, say, a PNG file it reads are different works in a copyright sense, so yes, they CAN be separated out.

    47. Re:Did Slashdot go retarded today? by Raenex · · Score: 1

      Assets here are runtime data, not source code.

      If I distribute a GPL game engine, and then somebody redistributes that engine with assets to make a game, then those assets are not just data, but instead an integral part of the program that must also be under the GPL.

      Note I'm not talking about the particular game this article is about. All I'm saying is that in general, assets can come under the GPL. The person who started this thread made a blanket assertion that they could not.

      If I wrote a GPL application that read an RSS feed from some newspaper, that would not put that RSS content under the GPL.

      Agreed, and the important distinction here is that the RSS content is not being distributed as part of the GPL application.

    48. Re:Did Slashdot go retarded today? by toriver · · Score: 1

      If I distribute a GPL game engine, and then somebody redistributes that engine with assets to make a game, then those assets are not just data, but instead an integral part of the program that must also be under the GPL.

      NOT integral: separate. The Program (to use the GPL term) reads the files at runtime, and there is a bundle that includes them with the program/binary, but they are separate works in a copyright sense. The assets are not a "derived work" of the program. I think you need to read the license again.

      Are you saying that a bundle cannot consist of separate works under different licenses? You are making the "viral" argument opponents to GPL like so much...

    49. Re:Did Slashdot go retarded today? by JoelKatz · · Score: 1

      That is 100% complete nonsense. I don't know where you got that from or whether you just made it up, but *NONE* of that is true. The GPL is not a contract, the GPL is not an EULA. The GPL cannot take away *any* rights. You do not need to agree to the GPL if you do not wish to. You are not required to somehow 'bind' recipients to the GPL in order for them to be qualified to receive a work covered by the GPL.

    50. Re:Did Slashdot go retarded today? by JoelKatz · · Score: 1

      To state the correct understanding of how the GPL works:

      When you receive a work covered by the GPL, you have all the rights granted to you under copyright law. This includes fair use, first sale, and so on. In addition, should you wish additional rights to the work, you are offered a license that grants additional rights. Technically, the license for each bit of code is offered to you by the author of that particular piece of code. The person who happened to distribute the code to you has no authority to offer you any license to code he did not author and the GPL does not permit anyone else to offer you rights.

      The GPL makes this 100% clear in section 6 of version 2:

      "Each time you redistribute the Program (or any work based on the
      Program), the recipient automatically receives a license from the
      original licensor to copy, distribute or modify the Program subject to
      these terms and conditions. You may not impose any further
      restrictions on the recipients' exercise of the rights granted herein.
      You are not responsible for enforcing compliance by third parties to
      this License."

    51. Re:Did Slashdot go retarded today? by Raenex · · Score: 1

      I think you need to read the license again.

      Read the license yourself. I'm intimately familiar with it. The license contains one sentence on allowed "mere aggregation" (a clause often abused and misinterpreted), but spends several on works distributed as a whole.

      Are you saying that a bundle cannot consist of separate works under different licenses?

      Not when they are distributed as part of a whole. You cannot claim that assets added to a GPL engine used to make a game are not part of the whole.

      "If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. "

    52. Re:Did Slashdot go retarded today? by Nyder · · Score: 1

      ...
      5. The assets were distributed with a "you can do anything BUT SELL IT" license

      While I would never do this, that statement says I can include your assets "free of charge" with my GPL'd build of the source code and not be in violation.

      They didn't really use such loose terms did they?

      --
      Be seeing you...
    53. Re:Did Slashdot go retarded today? by vikstar · · Score: 1

      Dammit, as a programmer this makes me a little tense. You're saying the effort of a programmer is worthless and should be given away for free, while the effort of the artist is infinitely more valuable? (divide by zero error)

      --
      The question of whether a computer can think is no more interesting than the question of whether a submarine can swim.
    54. Re:Did Slashdot go retarded today? by drinkypoo · · Score: 1

      The only disadvantage of this model is that you can't take code contributions, because you wouldn't own the copyright on them.

      uh, what? There are numerous projects which require that you reassign copyright on any submissions. People are willing to do this anyway because of the license.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    55. Re:Did Slashdot go retarded today? by CheerfulMacFanboy · · Score: 1

      Apple didn't remove VLC from the app store. VLC developers requested it to be removed.

      One developer requested it to be removed. Who happens to work for Nokia.

      --
      Fandroids hate facts.
  11. I don't see either one by Stenchwarrior · · Score: 1

    Both games seem to have been taken down from the App Store.

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    1. Re:I don't see either one by zorg50 · · Score: 1

      I assume you're looking at the iPhone App Store, as they're still in the Mac one.

    2. Re:I don't see either one by Stenchwarrior · · Score: 1

      Bah...thank you.

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    3. Re:I don't see either one by DrVxD · · Score: 1

      I see both of them in the store (priced £5.99 and £1.19) - are you looking in the right app store? (These are in the Mac App Store, not the iPhone store).

      Mind you, looking at the screen shots, the graphics on the "non pirate" version look pretty bad.
      Bad enough that I wouldn't buy it, even at the lower "pirate" price.

      It's not beyond the realms of possibility that this is all a publicity stunt to get the games pushed up the search rankings (anyone who's spent any time trying to make money from "App Store" development will tell you that rankings are everything)

      --
      Not everything that can be measured matters; Not everything that matters can be measured.
  12. Damned you Apple! by intheshelter · · Score: 1

    This obviously has to do with Apple's monopolistic practices, Steve Jobs being a control freak, a horrible walled garden, non-user replaceable batteries, lack of ten USB ports on apple products, blah blah blah. This would have all been taken care of if they had published for Android instead!!

      I thought I'd post just in case the Haters were taking a nap.

  13. Re:GPL? by SharpFang · · Score: 1

    If the guys who released the game took effort to redraw all backgrounds, remake all the textures, remodel and retexture all the 3D models, then make maps, storyline and dialogue, then added a new soundtrack and FX on top of that, then they are perfectly in their right to bind this all using the free GPL code, and sell as their own app.

    The engine is GPLd, the assets are still proprietary.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  14. Complain to the FBI by the+eric+conspiracy · · Score: 2

    They'll confiscate Apple.com and put an end to this nonsense.

    1. Re:Complain to the FBI by Maestro4k · · Score: 1

      They'll confiscate Apple.com and put an end to this nonsense.

      It's Immigration and Customs Enforcement that's been doing all the domain seizures for alleged copyright infringement, not the FBI. The only domains I've heard of the FBI seizing were ones involved in distributing child pornography.

    2. Re:Complain to the FBI by Anubis+IV · · Score: 1

      And why would they do that when the infringing content isn't even on apple.com?

    3. Re:Complain to the FBI by BatGnat · · Score: 1

      Apple are worse than The Pirate Bay.

      Apple actually host the file......

  15. Re:Apple has learned arrogance from MS by Anonymous Coward · · Score: 1

    it isn't a malformed URL. see http://en.wikipedia.org/wiki/Root_nameserver#Root_domain

  16. This may require a lawyer by davidwr · · Score: 1

    I'm not sure you CAN release code under the GPL2 while at the same time using trademark and copyright-on-abstract-concepts (i.e. characters) to effectively prohibit the distribution of the GPL'd code itself.

    Now, if this game has the GPL code in the executable game-engine and the game elements in a separate, proprietary data file, then the author has a good case for piracy of the data file and its elements. The pirate should write up his own game data file using his own characters and upload it under a different title. Just be sure to make the source for the GPL'd elements available as required by the license.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:This may require a lawyer by drinkypoo · · Score: 1

      I'm not sure you CAN release code under the GPL2 while at the same time using trademark and copyright-on-abstract-concepts (i.e. characters) to effectively prohibit the distribution of the GPL'd code itself.

      Good thing that's not what's happening.

      Now, if this game has the GPL code in the executable game-engine and the game elements in a separate, proprietary data file, then the author has a good case for piracy of the data file and its elements.

      No, no, a thousand times no. That is not necessary at all. There is no logical reason to even believe this. You can have a single distribution with elements which follow different licenses. Every Linux distribution in existence is proof of this. Each element is covered by its own copyright. The GPL was applied to the engine source code but not to the game assets. ID has been doing this for years.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  17. Interesting GPl issue by Registered+Coward+v2 · · Score: 1

    If the license is the GPL; does the right to redistribute contain an implicit license to use any trademarked or copyrighted names and art, etc? It would seem that a blanket redistribution clause would imply you have the right to use such items but have no right to independently use them; such as in advertising or screen shoots on a web page. So simply recompiling and selling the game would be OK but creating a derivative work would not; except that allowing modifications to the code might open the door to that.

    --
    I'm a consultant - I convert gibberish into cash-flow.
    1. Re:Interesting GPl issue by kiwix · · Score: 1

      If the license is the GPL; does the right to redistribute contain an implicit license to use any trademarked or copyrighted names and art, etc?

      No it most certainly does not. The Firefox/Iceweasel case is well known example of software that is distributed under the GPL licence but does not allow you to use the trademark on derivative work.

    2. Re:Interesting GPl issue by Registered+Coward+v2 · · Score: 1

      If the license is the GPL; does the right to redistribute contain an implicit license to use any trademarked or copyrighted names and art, etc?

      No it most certainly does not. The Firefox/Iceweasel case is well known example of software that is distributed under the GPL licence but does not allow you to use the trademark on derivative work.

      Except that was not a legal case - two companies came to a mutually agreeable solution. While I agree with the outcome it doesn't set any legal precedent. The question is does the specific (non-reuse of certain aspects of the program) overcome the general aspects (free redistribution) of the GPL.

      --
      I'm a consultant - I convert gibberish into cash-flow.
  18. Open Source code vs. Proprietary Assets by Anonymous Coward · · Score: 0

    Here is my simple ethical understanding of this situation, and my ethical understanding of similar understandings:

    A game is released on the iDevice app store by someone. The game features both the code of another game whose code was open sourced by the GPL. The assets of that game were also copied. Nothing new or different was added to the content of the open sourced game, making it a 1:1 copy/port of the original work. If this someone does not have the rights to the assets, they should be found to be infringing copyright. This was the case with the iDevice app store game "The blocks cometh" as well as Lugaru in the above story.

    A game is released on the iDevice app store by someone. The source code of another game whose code is open sourced was used. It also used new levels, models, textures, sounds, and even some adjustments to the game code was made to make the game quite different both in look and gameplay from the game the source code originally came from. This is not an act of piracy or infringement and is a genuine creative effort. This is acceptable and encouraged. The only caveat is that this source code must also be made open source as well (am I mistaken on this point?). I sadly lack examples, but I believe that this is the design of the GPL.

    Am I mistaken at all on these ideas?

    1. Re:Open Source code vs. Proprietary Assets by arose · · Score: 1
      There's one caveat, app store restrictions arguably fall under the:

      You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

      So technically building your own game on top of the a GPLed engine, while perfectly accpetable in other contexts, can still be a problem with the app store.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  19. Re:The GPL does not have maps and art just game co by enec · · Score: 1

    Exactly. Just as it is with Lugaru HD. Did you happen to notice the part where GP said "it was rather foolish to release the source code for a currently marketed game."? I was merely reminding him that the strategy worked fine with Q3 and is far from foolish.

    --
    I'm sorry, I only accept criticism in the form of sed expressions.
  20. And the pirated app is from? by Anonymous Coward · · Score: 0

    I'm guess the pirated app is being sold by a Chinese company no doubt?

  21. Re:Apple has learned arrogance from MS by Anonymous Coward · · Score: 0

    You are correct, but ... would it be too hard for the program to stick with one form or the other? Using both *is* a bug, as the program is connecting to two different servers from HTTP perspective.

  22. Re:Apple has learned arrogance from MS by gnasher719 · · Score: 4, Insightful

    Apple doesn't seem to feel accountable to anyone any more. This is another great example where they don't even think they have to answer their email messages.

    It's very simple, actually. Apple will not and should not react to just a claim in an e-mail. What the copyright holder has to do is to send a DMCA takedown notice in the correct form. They have to state that they are the copyright holder, that the other copy on the store is infringing on their copyright, and they have to give the correct contact information that allows them to be identified. This was published on slashdot many times when someone tried to suppress information through an overzealous DMCA takedown notice. There are rules that the copyright holder has to follow, and if they are not followed then the website need not and should not take down the allegedly infringing work.

    Once a proper DMCA notice is sent, Apple will have to take down the infringing work in a reasonable amount of time (less than 24 hours) or be on the hook for copyright infringement itself (if there was copyright infringement in the first place). In addition, they have to send the contact information to the alleged infringer, who can either accept this, or demand that the software is put back on the store, which they would do if they think there is no copyright infringement and they are willing to go to court about it. If that happens, then Apple is off the hook, and we can be sure there will be a court case.

  23. Stop saying "price point"! by whatthef*ck · · Score: 1

    FFS, just say "price". That's what you're talking about. That's all you need to say.

    1. Re:Stop saying "price point"! by Anonymous Coward · · Score: 0

      Agreed. And in before the tards show up to try to claim it's a legitimate term. It's not. It's a price. When you use "Price Point" you just sound like an idiot marketer using buzzwords.

    2. Re:Stop saying "price point"! by MadKeithV · · Score: 0

      Now with 0% calories!

    3. Re:Stop saying "price point"! by Anonymous Coward · · Score: 2, Informative

      You're incorrect. A price is a pure scalar; any price is as much of a price as any other. $.03, $1.95, $43.00 are all equally prices, and all different. Price points are positions in the price spectrum. $0.99 is price point, and it is a price point shared with $0.95. $0.65 is less of a price point, or you could say it was a less relevant price point.

      Granted, some people use the terms incorrectly, saying price point when they should be saying price. Price point is only really relevant when talking about multiple prices or multiple products.

    4. Re:Stop saying "price point"! by Anonymous Coward · · Score: 0

      You are aware you're officially a part of the problem now? Not in the sense of "not a part of the solution", but actually, actively, directly a part of the problem. Nobody cares. People are smart enough to understand "$0.99-ish"*. You sound like a buzzword douche. More of one, given you're trying to justify it. It's similar to the "GNU/Linux" assholes, or anybody else who feels the need to interject a "Well, technically..." into any conversation of which they're a part, or of which they're even within a hundred feet. Nobody. Cares.

      *: If that person ISN'T smart enough to understand it, they're either too stupid to be of value or just being assholes** anyway.
      **: Like you.

    5. Re:Stop saying "price point"! by arose · · Score: 0

      LOL ur s0 rite.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    6. Re:Stop saying "price point"! by RussellSHarris · · Score: 1

      640 kcal should be enough for anyone!

  24. As long as they don't violate Apple's copyrights by mschaffer · · Score: 1

    Let's face it. Apple only cares about Apple. If the game did something that Apple didn't like, or used a likeness of Steve Jobs, or the Apple logo, that app would have been off of the app store so fast that photons would say "wow, what was that?"

    Apple doesn't care about anything else. They are not champions of what is right or just.

  25. There is only one thing to do in this situation, by rent · · Score: 1

    it's time to use the solar Death Ray.

  26. Re:Apple has learned arrogance from MS by Richard_at_work · · Score: 5, Informative

    Thats not a malformed URL, its a perfectly valid one - the trailing dot makes the domain a fully qualified one under RFC 1738. Its your filter program that is the faulty one here.

  27. Apple doesn't allow GPL code anyways by Anonymous Coward · · Score: 0

    From a discussion on the matter.

    Actually, i think that Wolfire would have considerably more success if they pointed out that iCoder's version of Lugaru was distributed via GPL (http://blog.wolfire.com/2010/05/Lugaru-goes-open-source ), and as a result iCoder's app is incompatible with App Store licensing requirements.

    I initially thought this would be a problem for Wolfire too, but since it's their IP they can relicense it (well, dual-license) for distribution through the AppStore however they wish, dodging the sorts of conflicts that VLC had (over which it was rejected from the iOS app store: http://news.ycombinator.com/item?id=2082505 ).

    Source: http://news.ycombinator.net/item?id=2173290

    1. Re:Apple doesn't allow GPL code anyways by maxwell+demon · · Score: 0

      No GPLed code allowed? That's news to me.
      Well, yet another reason to never buy an iWhatever ...

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Apple doesn't allow GPL code anyways by arose · · Score: 1

      Not quite. Apple doesn't have any specific clauses excluding GPL licensed software, they do however add some restrictions to stuff distributed trough them. This is generally seen as a GPL violation and Apple has taken down software upon request by the copyright holders who haven't agreed to relicense in a compatible way.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  28. Re:GPL? by davev2.0 · · Score: 1

    The "assets" are intellectual property, just like songs and movies. It sounds to me like you are making a case that IP is an asset and misappropriating said asset is wrong. That would make so-called file sharing wrong.

    Is that your position?

  29. Re:Apple has learned arrogance from MS by dreemernj · · Score: 5, Insightful

    You should submit this info to the makers of Dan's Guardian so they can fix their software to handle all properly formed URLs.

    --
    1 (short ton / firkin) = 89.1432354 slugs / keg
  30. Not really Apple's fault or responsibility... by Bill_the_Engineer · · Score: 1

    Now that I have your attention, let me explain that Apple (or any other retailer for that matter) can't be held responsible for unknowingly selling pirated software. With all the Apps that is in their inventory, you can't expect Apple to know intimate details for each and every one (eg. Didn't I see a similar game somewhere else?). Anyway now that the original authors have notified Apple, it's Apple responsibility to pull the questionable works off of their market until the matter is resolved.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    1. Re:Not really Apple's fault or responsibility... by Hatta · · Score: 1

      You're exactly right. This is why we have DMCA safe harbor protections. The game publisher in question should not have sent a simple "email" to Apple. File a proper DMCA complaint and the app comes down immediately, no questions asked. If it doesn't, then (and only then) you have a suit against Apple.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Not really Apple's fault or responsibility... by Anonymous Coward · · Score: 0

      Not answering to the pleas of the authors is also not apple's responsbility....

      Apple is still getting a share of the "pirate game" why should they stop it then?

    3. Re:Not really Apple's fault or responsibility... by Anonymous Coward · · Score: 0

      Isn't this part of their whole process? Validating and approving apps for distribution via their store? What's the point to holding a two week review on an app before accepting it if they're not going to bother to do a review?

    4. Re:Not really Apple's fault or responsibility... by Enderandrew · · Score: 1

      I agree. The issue is whether or not they're responding in a timely manner to the request.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    5. Re:Not really Apple's fault or responsibility... by JoelKatz · · Score: 1

      Yes, they can be, unless the DMCA safe harbor applies. See, for example, Fonovisa v. Cherry Auction. Apple both enables, and benefits from, this infringement.

    6. Re:Not really Apple's fault or responsibility... by BatGnat · · Score: 1

      Neither can The Pirate Bay!

    7. Re:Not really Apple's fault or responsibility... by Culture20 · · Score: 1

      Isn't this part of their whole process? Validating and approving apps for distribution via their store? What's the point to holding a two week review on an app before accepting it if they're not going to bother to do a review?

      According to what I've been reading, Apple didn't even do a checksum to see if the files matched previously submitted projects,

    8. Re:Not really Apple's fault or responsibility... by drinkypoo · · Score: 1

      Apple's app store policies require that you hold copyright and their submission process states that they will check your software to see if it conforms to their policies. Since they already passed the valid app through from another distributor and the license was provided in the original submission they clearly had the knowledge and the opportunity to recognize that one of the submissions, either the original or the subsequent one, was invalid. This is proof that they are not performing any such test; they have not done their due diligence specifically because they have in their possession every piece of data to know that they were subsequently publishing copyrighted material in violation of copyright. Since they claim that their review process exists to catch violations of their terms, and any half-competent idiot with their resources and information would have caught this if they spent any effort on it at all, Apple is potentially in breach of contract with anyone who has accepted the terms of their app store; they have promised to subject applications to review which would have prevented them from carrying out this act. Further, since they are knowingly and willfully distributing this material in violation of copyright (they have both been informed, and allegedly have verified that the "author" of the app they approved owned the copyright on the material in question) then they are clearly aiding and abetting criminal copyright infringement.

      This is precisely the type of logic that Apple lawyers would apply to anyone else who was willfully redistributing Apple's copyrighted content after it was submitted to someone else's App store. Why, pray tell, should we not apply it to them? They have made a public promise in a legal document to verify that applications will be checked to ensure that they meet Apple's requirements. They would like us to be bound by every shrink-Wrap EULA that crosses our path. They have put forward a contract to which developers must agree before they may submit software for inclusion in the app store. A contract is not valid under US law unless it grants something to all involved parties. Why is Apple not liable for violation of this contract? Why is Apple, who clearly has the resources to meet the terms of this contract and to verify copyright not to be held accountable for willfully aiding and abetting criminal copyright infringement? Corporations would like to have the rights of people; why should we expect them to meet the same responsibilities, such as meeting the terms of contracts into which they have knowingly entered?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:Not really Apple's fault or responsibility... by cbhacking · · Score: 1

      Fault no, responsibility (to respond to complaints) yes. At that point it's no longer "unknowingly" and if they don't comply with a takedown request they become an accomplice to copyright infringement and could be sued for immense damages (leaving aside the other harm that they would take).

      That's leaving aside the "developer" of the pirated game, who is probably being contacted by lawyers already.

      --
      There's no place I could be, since I've found Serenity...
  31. DMCA Takedown? by moofbong · · Score: 2

    As much as everybody hates DMCA takedown notices around here, it seems like that would be the proper avenue for this sort of thing. It's certainly not an abuse of the DMCA in this case. Apple would likely respond relatively quickly so they don't lose their safe harbor.

    --

    ~moofbong

    If 'con' is the opposite of 'pro', what is the opposite of 'progress'?

    1. Re:DMCA Takedown? by VortexCortex · · Score: 1

      As much as everybody hates DMCA takedown notices around here, it seems like that would be the proper avenue for this sort of thing. It's certainly not an abuse of the DMCA in this case. Apple would likely respond relatively quickly so they don't lose their safe harbor.

      While I agree DMCA takedown would be best, how do you do so if they do not respond to your e-mail?

      Also: Apple's editorial control has already lost them the "safe harbor".

  32. "Assets" == "Intellectual Property" by davev2.0 · · Score: 2, Insightful

    Every story I see on Slashdot about copyright, so-called file sharing, the .*AA, etc. people complain that Intellectual Property (IP) is not real property and no one is losing anything when IP rights and copyrights are violated. But, the "assets" everyone is talking about are IP. If it is not wrong to redistribute the IP of others, why is this wrong?

    Really, this just highlights the hypocrisy of so many Slashdotters and FLOSS supporters of "file sharing".

    1. Re:"Assets" == "Intellectual Property" by shish · · Score: 2

      Making copies of data for personal use is slightly different to claiming you created it and selling it on for profit

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    2. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 4, Insightful

      The issue is that people seem to think that stealing shit for personal use is different than stealing it and selling it for crack money.

      The large argument used against the RIAA here is a knee-jerk to their horrible inability to adapt to market and their abuse of the court systems. They are wrong in that. But people seem to want to argue that if someone (working under a marketing agent, etc, whatever the circumstance, indie or signed) puts in their time and effort to produce a work, record that work, refine that work, and publish that work, that then it should be okay for us to just take that work.

      The premise here is that by either not buying that work or taking a copy, I'm not depriving you of anything: both actions are equivalent to you. The fallacy is that by either taking a copy or buying a copy, I'm gaining a specific benefit: I get a copy of your music. The exchange of work for value here is that I pay you for a value we agree on for the work, and you give me a copy of the work. This is the same exchange as I pay you a value I see as worth losing in money in exchange for, say, a tea pot, and you give me a teapot worth $x in raw materials + $y value added for your time making it == $z that I'm willing to pay to acquire it.

      In either case, I might prefer the risk of not giving you any money for your work, but taking it anyway: I benefit, you don't. That's called stealing. Around here, people decide that if you lose some kind of asset, I've stolen from you; if you're no poorer than when you started, then apparently I've created wealth by making myself richer (I now have music I've stolen) without making someone else poorer (you haven't lost anything). This is a fallacy: the time investment hasn't paid off, and others who are actually purchasing are subsidizing the value I'm not (i.e. 300 people pay 33% more so that 100 people can steal it).

      The truth of the matter is if nobody ever stepped in, iTunes wouldn't have gained momentum. Napster was becoming widely popular, easy to use by everyone, kids and old people who barely knew how to use a computer. It only shipped MP3 files, not videos (porn) or programs (viruses). Music of today would largely be available for free online. A few early adopters would spend gazillions on CDs, rip them, share them. I know this is an "overblown doomsday scenario" but think about how popular iTunes is: Napster almost filled that gap, for FREE. Napster is why MP3 players became popular in the first place.

      There's stealing.

      The OP is complaining that people use these arguments that "copying data for personal use" is not stealing when the RIAA is involved, but want to act like they know what they're talking about here after making gratuitous use of phrases like "Imaginary Property."

    3. Re:"Assets" == "Intellectual Property" by maxwell+demon · · Score: 1

      Here's some news to you: There are different people on Slashdot!
      There are some people who think copying anything which was released by someone is OK. Those people would say there's no problem here.
      There are other people who think it is OK only as long as you don't sell the copy. Those would complain because here the copy is sold.
      And then there are yet other people who think it is not OK, unless explicitly permitted by the copyright holder. Those would also complain here, for obvious reasons.

      Moreover, depending on whether they give credit to the original creators or not, there could also be plagiarism in play (note that plagiarism is different from copying: You are allowed to copy a GPLed program (explicitly allowed through the license), but you are not allowed to incorrectly claim you have written it. The latter would be plagiarism.

      Also note that the summary speaks about a "counterfeit" version, which again is a separate issue: It's trying to make the people believe that they are buying the original, but actually they don't. For example, if you wrote a word processor all for yourself which looks and feels like MS Word (which would definitely be allowed, at least unless you'd violate some patents that way) and then sold it to people trying to trick them into believing they bought MS Word, then you'd selling a counterfeit.

      And ultimately they used basically the same name as the original game, which, apart of being evidence of the counterfeit claim, also means they probably violated the trademark of the original producer.

      You see, there are many things which even people in the first mentioned group (i.e. people who think everything should be OK to copy in any situation) could still disagree with.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    4. Re:"Assets" == "Intellectual Property" by rekrowyalp · · Score: 1

      It's wrong because they're selling it and making money from someone else's IP. File sharing isn't usually done for profit.

    5. Re:"Assets" == "Intellectual Property" by Mashiara · · Score: 1

      Some people might have highly malleable double-standards but I for example still do buy music and/or stream/download it from the various fully legal sources.

      My problem with the *AAs of the world (IFPI and it's minions are the problem here in Europe) is first the whole stupid DRM debacle and criminalizing in a backhanded way things that used to be legal (time and format shifting was fully legal before the "protection circumvention" stuff came along, now the status is questionable at best) while still demanding "compensation payments" on blank media (instantiated back when tape-to-tape copying was all the rage) the "compensation" scheme was just increased to cover external hard-drives for example, which is totally nuts but apparently they have bought the right politicians.

      Then there's the sampling issue (no piece of music recorded in commercial interest has been truly original [there might be something truly original recorded somewhere but it would so completely weird that it never be commercially successful, people like famialiarity], everything borrows from something else) and length of copyright issue (current "limits" are totally meaningless).

      Add to that the 3-strikes etc things they "must have" since they possibly can't use the existing legal framework to go after the infringers the way it was meant to be (specifically: make the process such that it's only worth going after commercial counterfeiters instead of harassing individuals into "settlements").

      I could go on about more issues with Imaginary Property in general but for me there is no real double-standard between game assets and music/movies.

    6. Re:"Assets" == "Intellectual Property" by Duradin · · Score: 1

      Why is it not wrong to redistribute the copyrighted assets? Because the assets aren't protected by the holy word of RMS [blessed be his beard], the GPL. In /. land, GPL is the truth and the whole of the truth and RMS [bbhb] its prophet.

    7. Re:"Assets" == "Intellectual Property" by amorsen · · Score: 1

      It is wrong to take something and pretend you made it, when you did not.

      Copyright in many parts of Europe has the concept of "moral rights" which are separate from the commercial rights, and often do not expire. The US copyright law concerns only commercial rights, so copyright debates in the US rarely discuss moral rights. Yet the moral rights seem rather more important than the commercial rights.

      --
      Finally! A year of moderation! Ready for 2019?
    8. Re:"Assets" == "Intellectual Property" by Anonymous Coward · · Score: 0

      The issue is that people seem to think that stealing shit for personal use is different than stealing it and selling it for crack money.

      Which begs the question of whether or not there is stealing going on in the first place, and as argued before, the term is in a technical/logical sense seemingly inappropriate since the criteria is not met.

       

      But people seem to want to argue that if someone (working under a marketing agent, etc, whatever the circumstance, indie or signed) puts in their time and effort to produce a work, record that work, refine that work, and publish that work, that then it should be okay for us to just take that work.

      False contradiction/gross generalization caused by not reading their arguments carefully. 'nuff said.

      Perhaps you'd benefit from reading the arguments more carefully and understanding the distinction being made between copyright infringement and theft.

    9. Re:"Assets" == "Intellectual Property" by varmittang · · Score: 1

      But its OK to give something to someone else for free that they would normally have to pay to see or listen too? This is the hypocrisy he is talking about, and doesn't relate well to what is happening in this case, like apples and oranges. But the idea is that someone's hard work is being ripped off by someone else and profits, even just a little bit of profits, are being lost by the original artist. Doesn't matter if no profits are made by the other party, the maker of said product (movie, music or game) is loosing out, that is what makes them similar.

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    10. Re:"Assets" == "Intellectual Property" by mrrudge · · Score: 1

      How much is a perfect, non destructive digital copy of some sounds worth ?

      A - The historical price, based on the manufactured scarcity of now obsolete physical media ?
      B - A price based on work input. Time making the recording ? Learning the piano ?
      C - ( Costs / potential audience ) + profit ?
      D - A price associated with the personal value placed in the recording by the listener.

      I think we're closest to D now, people pay if the recording has sufficient personal value.

      Personally, I'd rather be without billionaire pop *stars*, it's a recent bubble in the history of people making music and seems to tend towards bland conformity.

      An enormous library of free to listen music, with opportunity to reward financially those musicians who make your hair stand on end sounds ideal.

    11. Re:"Assets" == "Intellectual Property" by DMiax · · Score: 1

      I think people get an unpleasant feeling when Big Media Corporations(TM) get protection from the FBI while at the same time they apply to Small Artists(CC-BY-NC-SA) exactly the same treatment. Remember that Apple takes a cut off the pirated copy price. One way or the other, you choose.

      Moreover there is a flaw in your complaints. When one argues against a law it does not mean he should act as if the law did not exist. In this case I can ask for the copyright terms to be reduced while keeping my rights under the current law. For the hyperbole: if I advocate for a tax rise it does not mean I have to start paying before the others: I am advocating it for everyone. The same way one can support gay marriage without being gay, you know.

    12. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      There are a lot of "I never pay for music" people in the world that talk about how it costs nothing so they shouldn't have to pay for it. They aren't simply arguing against the law; they're arguing that the music has no value, because although a lot goes into making it, actually distributing it is valueless. Because I can get it for free without, at the time of taking and by the act of keeping, reducing the wealth of another person, it must have no value and thus is free, thus this is not theft.

      There are a lot of people not just making the argument, but the justification that they should be allowed to download stuff without paying for it. Some even go the Canadian route and argue that they're not the one sharing it, thus they're not in the wrong; the person who is making copies should be the one blamed. And thus they ignore the law; but more importantly they ignore the impact.

    13. Re:"Assets" == "Intellectual Property" by cdrguru · · Score: 1

      Unfortunately, I think the game is pretty much up. iTunes might be a wildly popular music distribution tool, but it accounts for maybe 2% of the downloads. Sure, this is millions and millions, but it pales in comparison with the free distribution which is billions and billions.

      I don't know anyone that purchases music. Everything they have they get from various techniques, including BitTorrent and various Gnutella (and similar) tools. The idea of paying for music is utterly foreign. Now I could certainly be on the tech bleeding edge here, but I just don't think iTunes is all that strong a force to contend with other than the fact it is a large, visible, legal distribution, so it is easy to measure.

      What I also see is that in grade school children are being taught to pirate. The teachers pirate software for the classroom. The other students are coached by older siblings. Eventually the whole message sinks in and by the time they reach high school the idea of paying for stuff on the Internet is completely foreign to them. If it is out there, it must be for free and it must be OK or someone would have shut it down. The fact that it is still available day in and day out makes it clear that it has to be at least tolerated if not clearly legal.

      I don't see how we can fight this tide. It has become too pervasive. It started with BBSs and floppy exchanges in the 1980s and it has grown from that. I'd say today that unless you are talking to someone that makes money from selling creative works (like an author, a painter or a photographer) they are unlikely to see anything wrong with downloading anything they can get their hands on from the Internet. It is a little late to try to convince people otherwise.

    14. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      In the market, it's generally actually what you can get it for, and if the demand is there. For example, if the demand for an album for $5 exists at a peak, where 200,000 people will buy the album for $5, that's the price-demand peak. If I sell for $2.50, only 210,000 people will buy; selling for $5 is more profitable, but deprives 10,000 people of the album because they won't pay $5 for it. On the other hand, if they can get it for $2.50, those 200,000 people that would buy it for $5 will buy it for $2.50.

      A donation-ware market would result largely in people who don't care to donate. A 1% population instead of whatever piracy numbers you want to make up (do 99% of listeners pirate these days, or do we have more than 2% actually buying songs?). Only the moral idealists. Trust me, I've spent $50-$100 on music in one month before.

    15. Re:"Assets" == "Intellectual Property" by Anonymous Coward · · Score: 0

      This isn't "file sharing" this is blatant commercial theft and commercial distribution. This situation is _precisely_ what all of those stooopid IP / copyright laws were written to address.

    16. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      I think claiming that people don't understand the difference between right and wrong is a little harsh. I think at a point people are going to start off naive; but you can't avoid at least eventually figuring out that "alternate channels" aren't intended and are a good way to get things that people don't want you to get for free.

      People aren't going to think, "Well this must be legal, I mean what's wrong with it?" They're going to be going, "Oh this isn't wrong, I'm not hurting anyone." They'll still fundamentally understand that what they're doing is, somehow, "wrong;" but they'll have a flimsy moral structure that fails to see how, and thus bypasses it and says "well you guys are just dumb, you think this is wrong but it doesn't hurt anyone." It's the same right-and-wrong justification as cheating husbands/wives who never get caught: they figure it's just for fun, they love their spouse, their spouse won't know, so it won't hurt anyone, so it's not really wrong. The only difference is society hammers in that it's wrong harder in that case.

      In essence, I think people will always fully understand that they're getting something they'd otherwise have to pay for for free; as for understanding what that means, maybe not. It'll be as normal as taking an apple out of a street vendor's bin when no one's looking: we're harsh about that today, but in some places at some time it was just normal to once in a while just nip an apple when nobody's looking if it's convenient, because you just don't feel like paying and don't have time to stop and count money and besides, it's just once in a while, and just an apple. Something everyone does once in a while. That's what file sharing will be, except we're stealing ALL the apples.

      It's not "OK," it's just "Normal."

    17. Re:"Assets" == "Intellectual Property" by davev2.0 · · Score: 1

      I don't get your point. In both instances, someone else's work is being used without compensation. And, one does profit from "file sharing" simply by virtue of not having to pay for the works one gets through "file sharing" for which one would otherwise have to pay.

    18. Re:"Assets" == "Intellectual Property" by davev2.0 · · Score: 1

      It is also wrong to take something someone worked hard on and give it away as if you did the hard work.

    19. Re:"Assets" == "Intellectual Property" by davev2.0 · · Score: 1

      "File sharing" is blatant commercial theft and commercial distribution. It is also precisely what all those IP/copyright laws were written to address.

      "File sharers" get a benefit from what they do. They are paid in kind; they are paid in music, movies, etc. for which they have not paid. Their gain is the value of the IP in the form of the money they did not spend to get it.

    20. Re:"Assets" == "Intellectual Property" by davev2.0 · · Score: 1

      The use of the data is irrelevant to whether it is real or imaginary, or if the law should apply. And, while the character of the use is one consideration in determining whether a copy is fair use, personal use is not a mitigating use, as critique or criticism would be.

    21. Re:"Assets" == "Intellectual Property" by davev2.0 · · Score: 1

      Which begs the question of whether or not there is stealing going on in the first place, and as argued before, the term is in a technical/logical sense seemingly inappropriate since the criteria is not met

      Do you gain something of value without compensating the right person?

      The correct term is "creation and distribution of an unauthorized and illegal copy", a long term many people shorten to stealing because one gains something (a copy of a work) at the expense of another (the copyright holder). The maker of the unauthorized copy has stolen the profit from the copyright holder through the creation and distribution of unauthorized copies, whether said copies are distributed for a profit, at cost, or at no cost.

      And, the "file sharer" is getting something in return: copies of other works.

    22. Re:"Assets" == "Intellectual Property" by shish · · Score: 1

      while the character of the use is one consideration in determining whether a copy is fair use, personal use is not a mitigating use

      True, according to our current legal system it isn't -- but I fail to see how people are hypocrites for suggesting that it should be

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    23. Re:"Assets" == "Intellectual Property" by drinkypoo · · Score: 1

      The issue is that people seem to think that stealing shit for personal use is different than stealing it and selling it for crack money.

      First of all, get it through your head that you don't speak for anyone else. Second, get it through your head that copyright infringement is not stealing. Finally, get it through your head that there are things you can do with media people have created which are not stealing and which are yet still wrong.

      The premise here is that by either not buying that work or taking a copy, I'm not depriving you of anything: both actions are equivalent to you.

      Yes, but when you make a copy and sell it you are certainly interfering with an actual sale by putting yourself into the chain when you are not entitled.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    24. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      When you make a copy and give it away you're putting yourself in the chain where you don't belong. Hell, what if you didn't download it for free? Do you want it that bad that you'd pay for it? (the answer is invariably "no, not really, so it's okay for me to download it 'cause I wouldn't have bought it anyway!")

    25. Re:"Assets" == "Intellectual Property" by drinkypoo · · Score: 1

      Hell, what if you didn't download it for free? Do you want it that bad that you'd pay for it? (the answer is invariably "no, not really, so it's okay for me to download it 'cause I wouldn't have bought it anyway!")

      The argument is that it's wrong to copy because someone is being deprived of something. The answer is that if neither I nor a downstream recipient would have paid for it then there must have been no wrong committed. If you are selling the copy then clearly the downstream recipient would pay, and you are depriving the copyright holder of the option to make that reduced profit at a later date when they are open to the idea of devaluing their product by declaring its value to be less. In a scenario in which the recipient would never pay, then the transaction only increases the value of life for everyone involved. In a scenario in which the recipient might pay, the transaction potentially deprives someone of profit. I would argue that where there is no potential loss of profit, there has been no harm and thus there is no justification for any charges, especially criminal ones. I believe this to be the prevailing mindset here but I have no actual figures to back this up. There is usually a vocal minority and I think Slashdot is no exception.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    26. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      I would argue that where there is no potential loss of profit, there has been no harm and thus there is no justification for any charges, especially criminal ones. I believe this to be the prevailing mindset here but I have no actual figures to back this up.

      This is what I'm talking about. That's a fancy argument and it's the same argument as executing all cancer patients because "they're going to die anyway": on one side you'll have statistics about how maybe chemo will save them, or extend their life for X months/years, or something; on the other you have arguments that all that stuff is fancy and usually just makes them sicker for a few more months and then they die.

      Here we have "Well if I wouldn't have paid, and You wouldn't have paid, then obviously this isn't a problem!" arguments that come down to questions like... oh I don't know, you downloaded it didn't you? 2 months down the line, would you still download it? If yes, then after 2 months of wanting it would you just go ahead and throw the $1 for the track off Amazon, or the $10 for the whole CD? We can make up numbers for this or try to find data; but really there's a hell of a lot of selection bias, and the data is crap. All we can do is constantly argue about it.

      When it comes down to it, obviously the good has a value to you. If you're not going to cough up something, you shouldn't have the good; depriving you of an MP3 file containing somebody else's work isn't wrong... unless you happen to have paid for it (look if you buy from GetYourTunes.com and it turns out they're a pirate reseller, they're responsible for coughing up the cash; you should be compensated somehow, either by keeping the product or by having your money returned. Caveats for willful conspiracy to commit infringement, etc etc). If you want it so bad, pay for it out of your beer money.

    27. Re:"Assets" == "Intellectual Property" by drinkypoo · · Score: 1

      I would argue that where there is no potential loss of profit, there has been no harm and thus there is no justification for any charges, especially criminal ones. I believe this to be the prevailing mindset here but I have no actual figures to back this up.

      This is what I'm talking about. That's a fancy argument and it's the same argument as executing all cancer patients because "they're going to die anyway": on one side you'll have statistics about how maybe chemo will save them, or extend their life for X months/years, or something; on the other you have arguments that all that stuff is fancy and usually just makes them sicker for a few more months and then they die.

      Wow. This is a troll, right? You can't possibly believe that justifying copying a file which is hurting nobody is the same as killing someone?

      Here we have "Well if I wouldn't have paid, and You wouldn't have paid, then obviously this isn't a problem!" arguments that come down to questions like... oh I don't know, you downloaded it didn't you? 2 months down the line, would you still download it? If yes, then after 2 months of wanting it would you just go ahead and throw the $1 for the track off Amazon, or the $10 for the whole CD? We can make up numbers for this or try to find data; but really there's a hell of a lot of selection bias, and the data is crap. All we can do is constantly argue about it.

      So basically, while there is plenty of evidence that people who download more music buy more music, and that downloads often lead to eventual sales, there is no evidence that anyone who downloaded it WOULD have paid for it, but you're going to argue such anyway? Because frankly, all the evidence is on my side, even if none of it says precisely what I would like it to say (and I am willing to admit my own bias.) None of it says even vaguely what you would like it to say.

      When it comes down to it, obviously the good has a value to you. If you're not going to cough up something, you shouldn't have the good;

      You have still not actually shown this in any way. When you can show that I shouldn't have something simply because I can't or won't pay for it and for no other reason then you will have an argument. Until then you are just running your hands with nothing behind them. You are working from some bullshit puritanical worldview that says you should not have anything you have not worked for, ignoring that we all have something we have not worked for, in "exchange" (really "as a consequence of the same root cause") for conditions which we did not cause (the state of the world when we got here.)

      If you want it so bad, pay for it out of your beer money.

      Ad Hominem proves that you have nothing of substance to say.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    28. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      Wow. This is a troll, right? You can't possibly believe that justifying copying a file which is hurting nobody is the same as killing someone?

      Equivalence of argument isn't necessary for the arguments to be of the same logical structure. "Your mom fed you candy" and "The agent gave you a briefcase bomb" are two different things, but the sentence structures are the same; "The agent blew you up with a bomb" is a different sentence structure, even though it compares better with the second sentence.

      This is the essence of a strawman argument, by the way: we produce two things that look to be on the same magnitude, maybe similar in some way, but logically the processes don't actually reflect each other. My argument is sort of the reversal: the arguments appear wildly different, but in truth they're roughly the same concept.

      So basically, while there is plenty of evidence that people who download more music buy more music, and that downloads often lead to eventual sales, there is no evidence that anyone who downloaded it WOULD have paid for it, but you're going to argue such anyway? Because frankly, all the evidence is on my side, even if none of it says precisely what I would like it to say (and I am willing to admit my own bias.) None of it says even vaguely what you would like it to say.

      There's plenty of evidence that aspartame is highly toxic too. In fact I'm pretty sure it is; but there's also plenty of evidence that it isn't. But then, this is a strawman argument: the reasons that these conflicting bits of evidence exist for aspartame have absolutely nothing in common with this particular problem.

      I've studied statistics, so this may be a little out there for you. What I'm talking about here is called selection bias and self-selection bias. On one hand, we have the selection bias of "observer's bias" where I point out to you that I know a lot of people who download tons of music and talk about how, lol, you don't pay for music, are you stupid? This argument gets complex because these are different people from the ones that tend to buy: those people tend to download a song or two here or there to evaluate bands, not torrent gigs and gigs and gigs of thousands of mp3s.

      Self-selection bias, on the other hand, comes when you start asking people things like, "Well if you couldn't download, would you buy it?" It's where you get answers like, "Well, no, I really wouldn't have anyway," when the real answer is more like, "Uh, eventually. I mean I'd have to. or copy it from a friend I guess. I'd get it somehow." People who are willing to invest more time than money into acquiring something are likely to say, "No I wouldn't buy," but also to some degree likely to buy to avoid the hassle of borrowing a CD from a friend (maybe it's a Daft Punk CD, so this isn't feasible) if they can't download it.

      Further, you can't study this because you can't make it impossible to download: anyone who isn't going to download is going to self-impose the not downloading thing on themselves, which makes them a different type of person, and again this comes down to self-selection. In the end, we have plenty of studies we can talk about, but no actual way to get anything concrete.

      In other words... we can do nothing except constantly argue about it.

      When it comes down to it, obviously the good has a value to you. If you're not going to cough up something, you shouldn't have the good;

      You have still not actually shown this in any way. When you can show that I shouldn't have something simply because I can't or won't pay for it and for no other reason then you will have an argument.

      Your argument speaks vaguely of entitlement. You can't or won't pay for it, but that doesn't mean you don't have a God-given right to it? I suppose the counter-argument might come in the form of "well nobody else has to pay for me to have it," but

    29. Re:"Assets" == "Intellectual Property" by drinkypoo · · Score: 1

      If you have to steal something, it should be food. I'm not saying that stealing is right; I'm

      ...blathering on about stealing when we're talking about copyright infringement. Are you paid for this?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    30. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      It's a tangible asset.

      One day you don't have The Legend of Zelda: Return of the Hero of Time. The next day you do. You have now acquired a tangible asset. Your fat ass is sitting in front of the Wii eating cheesy poofs and dancing like a retarded stepchild.

      You have now acquired a tangible asset, to which you have paid somewhere in the distribution line a value that in part went to the merchant, part to the distributor carrying it to the merchant, and part to the developer, part of which goes to the laborer who created that asset (programmer).

      Oh, wait, no you didn't. You didn't give anyone any money. You skipped the merchant and the distributor; they didn't produce any work, they just lost business. The creator of the original good did some work-- a company that created an environment conducive to creating the game-- and they didn't get paid for one copy of the work landing in someone's hands.

      Your argument is that somehow getting your hands on a tangible asset that somebody else produced without putting in anything in trade to compensate the original producer is not related to stealing in any way. My argument is if we could all torrent everything on the third day of release, who the hell would buy on release day? You're not allowed to return CDs or DVDs because people were buying them, copying to the computer, and returning; this is apparently not "stealing" either.

    31. Re:"Assets" == "Intellectual Property" by drinkypoo · · Score: 1

      It's a tangible asset.

      No, it isn't. Cash is a tangible asset. A truck is a tangible asset. A piece of software on an original pressed CD with a valid key number is a tangible asset. A copy of some software or music is just some data. This is why we have copyright law; because the data is not a tangible asset. That this simple fact is lost on you suggests that you are a troll, a shill, or an idiot. A troll would reasonably say the ridiculous thing you have said in order to anger me. A shill would do it to be paid. And an idiot would be unable to understand that we wouldn't even need copyright law if copying something were the same as stealing it.

      The rest of your comment is thus a logically invalid investigation of how a bunch of people who had to do no more work because I acquired a copy of this data have somehow lost something when they have lost nothing. They have not even lost their chance to make a sale to me because I could go out and buy a copy later, either for fear of legal repercussions, or because I'm out in the world and need an audio CD for some reason, although I'm hard-pressed to imagine what that reason might be.

      You're not allowed to return CDs or DVDs because people were buying them, copying to the computer, and returning

      I live in California so not only can I return anything I want so long as it is covered by warranty, and there is an assumption that the software will work, but I can return it to any outlet which sells the product.

      this is apparently not "stealing" either.

      If you use the key and then return the package then you are committing theft of service. If there's no key then it's not stealing, it's copyright infringement, which again we have an entire body of law to handle.

      Hope this helps you understand what is apparently a more complicated concept than using slashdot. Oh wait, it isn't, you simply have too much invested in being right to admit that your entire argument is logically fallacious.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    32. Re:"Assets" == "Intellectual Property" by bluefoxlucid · · Score: 1

      This is why we have copyright law; because the data is not a tangible asset

      Let it be written, spoken, and taken as true that we cannot tangibly demonstrate somebody playing The Legend of Zelda on Wii, or listening to An die Musik by Franz Schubert, or reading a copy of 1984 by George Orwell on their Kindle. Such things are intangible and cannot be demonstrated, examined, or proven; they can only be known by the true believer in the church of the imaginary.

      • In law, tangibility is the attribute of being detectable with the senses.
      • In criminal law, one of the elements of an offense of larceny is that the stolen property must be tangible.
      • In the context of intellectual property, expression in tangible form is one of the requirements for copyright protection.

      To copyright something, it must be tangible, or rather it must be expressed in tangible form. You must be able to see, hear, feel, smell, or touch the damn thing, somehow. By this reason, things like license keys and such are technically tangible, but I disagree with that mainly because they're really not something sensory and we only represent them via ASCII; however, the actual program itself is interacted with directly, has configuration files, can be run and moved around, attached to, or even exports a user interface. The source code is inherently a tangible thing because it's meant to be human-readable text; a binary dump of a compiled executable I disagree with as being demonstrated tangible, but when you run the program and you get a talking dog and an evil rabbit wandering around on your screen it's demonstrated that this program is tangible and you have it.

  33. Re:Apple has learned arrogance from MS by sssssss27 · · Score: 2

    According to Wikipedia, the safe harbor clause only applies to "1) not receive a financial benefit directly attributable to the infringing activity, 2) not be aware of the presence of infringing material or know any facts or circumstances that would make infringing material apparent, and 3) upon receiving notice from copyright owners or their agents, act expeditiously to remove the purported infringing material." Isn't Apple benefiting directly from the infringing behavior? That is, the 30% cut they get from every purchase of said app.

  34. Re:GPL? by DrXym · · Score: 1

    While I agree this is probably the situation I have to wonder how the pirates managed to get the copyrighted material. Did the authors check it into the same tree as the game source? It would seem to be a tad foolhardy if they did since it gives the pirates an excuse. Oops we made a genuine mistake. It would be better to put some stub test graphics / levels in with the source and keep the actual game assets completely and totally separate. It wouldn't hurt either to pack them up in a way which cannot be read be read by the standard GPL version of the game. For example, encrypt them or change the file format in some significant way so they just don't read. This again would relieve pirates of the excuse that they did it by accident.

  35. Image requests without cookie by tepples · · Score: 1

    Using both *is* a bug, as the program is connecting to two different servers from HTTP perspective.

    That might be exactly what is wanted, in order to avoid passing unneeded cookies around.

  36. Re:GPL? by bluefoxlucid · · Score: 1

    That you "did it by accident" is a lolclause that will get you slapped by a judge in court. I mean he will literally climb over the bench, reach out, and slap you for being such an ignorant jackass as to try.

  37. Re:GPL? by Anonymous Coward · · Score: 0

    I think you're confusing "fire sharing" with "file selling".

  38. Except Apple careful selects which Apps are good. by Anonymous Coward · · Score: 1

    So, Apple touts their App Store as a place where you can get software without the problems regular vendors suffer, by means of their careful screening process.

    I wonder how careful that screening process actually is if it fails to detect basic theft.

    How long then until someone smuggles the first demonstration virus it into the App Store in order to show just how well that screening process actually works?

  39. Re:GPL? by Anonymous Coward · · Score: 0

    So then your argument is that if they downloaded this game, then uploaded it to Apple's servers again but didn't charge money for it it would be OK? It is only bad if they charge for it? Somehow that doesn't seem to make any sense. Either way they have devalued the original product.

  40. Re:Apple has learned arrogance from MS by BarryJacobsen · · Score: 2

    According to Wikipedia, the safe harbor clause only applies to "1) not receive a financial benefit directly attributable to the infringing activity, 2) not be aware of the presence of infringing material or know any facts or circumstances that would make infringing material apparent, and 3) upon receiving notice from copyright owners or their agents, act expeditiously to remove the purported infringing material." Isn't Apple benefiting directly from the infringing behavior? That is, the 30% cut they get from every purchase of said app.

    I'd argue (as Apple probably would as well) that they might be losing out due to the infringing behavior - anyone who buys the pirated version is paying less than someone buying the actual version, so Apple is losing their cut of the higher cost version.

  41. Tip of the iceberg... by bhunachchicken · · Score: 1

    Unfortunately, GPL developers are about to discover the pain that traditional copyright holders have been going through for years. As more and more people decide to leap on the App bandwagon, those lacking a certain moral fibre will simply take to mining GPL'd games and selling them, regardless of how the assets and associated data might be licensed.

    I don't expect this will be the end of such stories, far from it.

    I've only just today seen that I, myself, have had to issue a DMCA take down notice to Apple, over a GPL game I made. Oh well...

    1. Re:Tip of the iceberg... by Shikaku · · Score: 1

      While that guy who uploaded it was a dick, I'd recommend at least trying to sell it on there, even if you only get pocket change... The other guy thought it might sell obviously.

    2. Re:Tip of the iceberg... by Megane · · Score: 1

      ...except for the annoying little fact that this particular case is not about the GPL. It is all about the non-GPL data file assets (and trademark) being used. The original authors have no problem with the GPL code to the main executable being used.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    3. Re:Tip of the iceberg... by davev2.0 · · Score: 1

      Hmm, I can buy this (the original) version for $5.00 or I can by this other version that seems to be exactly the same for $1.00. Which should I choose?

  42. Re:GPL? by DrXym · · Score: 1
    That you "did it by accident" is a lolclause that will get you slapped by a judge in court. I mean he will literally climb over the bench, reach out, and slap you for being such an ignorant jackass as to try.

    Assuming it got to court, you'd have a far easier case proving willful copyright infringement if the person had to hack your commercially packaged app, remove the content protections and repackaged it. As opposed to just checking out the source and hitting "make". Even if you could prove your case that it was infringement It could obviously affect the damages that were awarded.

    I think it's just common sense that you don't bundle the two parts in the same place.

  43. Re:Apple has learned arrogance from MS by arose · · Score: 1

    They still get a cut of the lower cost one, potential income is just that, actual income is obvious and indisputable.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  44. Mac App Store by Henriok · · Score: 1

    Please note that this is an app sold through the Mac App Store, not iOS App Store. Completely different beasts, so completely different rules apply.

    --

    - Henrik

    - when the Shadows descend -
  45. Apple App Store - No excuse by Zaphod+The+42nd · · Score: 1

    So... Apple's been laying down the ban hammer on any app that had even a whiff of controversy or even a chance of violating their terms. Plenty of long developed apps were suddenly cut off and dropped at the last minute, with no comment from Apple. Developers had to go through hell to deal with Apple, find out why they didn't get approved, and then change whatever arbitrary thing that seemed to bother Apple that time.

    If there was ANY possible defense for this kind of extreme, totalitarian control and manipulation of developers, then it would be some kind of quality assurance, or protection of customers.

    THIS TEARS IT. You can't have it both ways Apple! Either you're nannying the app store, and you're manually approving of each app, and thus are responsible, OR you have to let everything through that isn't ridiculously offensive or illegal.

    This actually IS illegal, and Apple has allowed it? I think that they should be absolutely, undeniably 100% liable for ANY AND ALL DAMAGES to Wolfire Games.
    Unbelievable.

    --
    GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    1. Re:Apple App Store - No excuse by Anonymous Coward · · Score: 0

      Actually, they can (and do) have it both ways. Suck it up or boycott Apple. The choice is yours.

  46. Wrong about the best bit. by gig · · Score: 1, Insightful

    They GPL'd and got cloned, but the best bit is the poster thinking it is somehow Apple's responsibility to fix baby's diapers. Managing your intellectual property is up to you, crafty open source software developers.

    1. Re:Wrong about the best bit. by maxwell+demon · · Score: 1

      He contacted Apple about it and Apple didn't react.
      If it's not Apple's responsibility to react when contacted because of copyright violations, then it's not the Pirate Bay's responsibility to react either. Think about it.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Wrong about the best bit. by Anonymous Coward · · Score: 0

      Exactly. There is no difference than if they were selling this product in a brick and mortar. Honestly I think it's comforting knowing that Apple is taking their time on this, and not just reacting to a complaint by shutting the other party down. This is a job for Lawyers between the perp and the accuser.

    3. Re:Wrong about the best bit. by Anonymous Coward · · Score: 0

      I thought that contacting Apple was a way of managing his intellectual property. Someone pinched his stuff (not the code, the other assets that make up the game - visual images, textures, audio assets, etc.) and is selling it on the Apple store. Only the source code was GPLed; the rest of the game was not. In most games, the executable code is quite small compared to the other assets and without the non-code assets there's no game to sell.

      I guess the developer will need to spend some money to get a lawyer to send a valid DMCA takedown notice, or figure out how to do one himself. Although it's possible that someone from Apple might actually read Slashdot and (unlike you) understand the situation and take action.

      Someone with a 5 digit user id has been around long enough to get a clue about this type of issue.

    4. Re:Wrong about the best bit. by F.Ultra · · Score: 1

      They didn't GPL the graphics, sounds and mission data.

    5. Re:Wrong about the best bit. by HalAtWork · · Score: 1

      There's a big difference between game engine source code and a complete game. Wolfire copyrighted the assets, and placed them under a different license. If this new game used different levels, art, and sound, then it would be perfectly legal. However, it's just ripping off Lugaru's graphics, sounds, and levels, which are not under the GPL. The creators of Lugaru have contacted Apple about this, so the ball is in their court for now, unless the affair becomes litigious I guess.

    6. Re:Wrong about the best bit. by SilenceBE · · Score: 1

      "He contacted Apple about it and Apple didn't react."

      But did he contact them true the right channels... . As a commenter on that blog said mailing to the correct address results in an app being pulled in hours. And we have seen in the past that Apple really plugs the pull apps fast.

    7. Re:Wrong about the best bit. by pokyo · · Score: 1

      I respect the devs for releasing their game source code under GPL (2?). However, the licence doesn't enforce itself. If you don't want to spend the money defending it then you should really just keep your source code to yourself. Especially if you also release the assets and essentially ask others not to sell them.

    8. Re:Wrong about the best bit. by DMiax · · Score: 1

      They hold rights to the art. And Apple is violating it, since they get a cut from the sales of the pirated version. Apple is not a third party.

    9. Re:Wrong about the best bit. by Anonymous Coward · · Score: 0

      And what part about Wolfire trying to contact Apple to ask for the illegal software to be removed didn't you understand?

    10. Re:Wrong about the best bit. by toriver · · Score: 1

      The pirates have - through their agreement with Apple - declared that they have rights which they do not. However, Apple cannot be expected to match the work against all other works in existence to see if it is a copyright violation. So it is not knowingly on Apple's part - they provide a sales channel for which they charge a percentage.

    11. Re:Wrong about the best bit. by DMiax · · Score: 1

      Actually the law is that they should police what they distribute, at least in this part of the globe. Of course this would destroy the app-store model, so companies have chosen to have agreements with developers. The agreements do not lift the responsibility from Apple, they means however that companies can charge any damage they incur on the pirate developers because they breached their end of the contract. The general principle in the law is that you cannot pass responsibility through an agreement with a third party.

  47. Liability Follows Control by MarkvW · · Score: 1

    Apple is now running a marketplace. It is exercising an enormous amount of control over what is sold in that marketplace. It has a financial interest in every item sold in that marketplace.

    It is a lot like a consignment store.

    If a consignment store sold stolen property, it would belegally responsible for its acts. I'm NOT saying they would be liable, but rather that they could be held liable and that the "I was only a consignment store" defense would fail.

    Apple's need to control is okay within its platform, but when that control reaches out and hurts third parties . . .they risk liability.

    1. Re:Liability Follows Control by bball99 · · Score: 1

      unless your 'consignment' store is a pawn shop in Florida... if your house is broken into and you subsequently find your items in a pawn shop you must buy them from the pawn shop if you want them back - and the pawn shop is not liable

    2. Re:Liability Follows Control by 99BottlesOfBeerInMyF · · Score: 1

      If a consignment store sold stolen property, it would belegally responsible for its acts. I'm NOT saying they would be liable, but rather that they could be held liable and that the "I was only a consignment store" defense would fail.

      Look up the terms: "innocent purchaser" and "bona fide purchaser". Sure such resellers have some responsibility for stolen goods, but not very much beyond returning the goods unless it can be demonstrated they knew the goods were stolen. Of course this is fairly irrelevant because we're not talking about theft, but copyright infringement. And that's a different set of laws entirely.

      So on to the copyright issue, Apple is redistributing copyrighted material they were misled into thinking was licensed to them (was in fact licensed to them fraudulently). Apple has been notified (perhaps in the legal sense) so they have a limited time to stop the copyright infringement before they are subject to punitive fees as willful infringers. They are always subject to damages as a result of their actions, although they would of course immediately sue the person who licensed it to them and recover as much of that as that person has.

    3. Re:Liability Follows Control by 99BottlesOfBeerInMyF · · Score: 3, Informative

      unless your 'consignment' store is a pawn shop in Florida... if your house is broken into and you subsequently find your items in a pawn shop you must buy them from the pawn shop if you want them back - and the pawn shop is not liable

      This is untrue in the vast majority of the country. Pawn shops in most states have a legal responsibility to actively try to prevent stolen items from being sold and, their possession of your property, regardless of is they paid for them, does not transfer legal ownership to them, since they paid someone who did not own the goods. In almost every state pawn shops have to return stolen goods to the rightful owner and eat the loss. The police generally confiscate goods for the investigation then return them to the original owner. If the police do not do this, some pawn shops will try to claim payment from you. This is when you go to small claims court or (if valuable enough) file suit against the pawn shop. They will lose if you can show the goods are in fact probably the ones stolen from you (you don't even need beyond a reasonable doubt for a civil case like this, just probable).

  48. Occam's razor points to GPL ... by Anonymous Coward · · Score: 0

    I'm not sure what them having released the source code has to do with it. Couldn't the pirates have just submitted a purchased version without needing the source code?

    Doubtful. The art assets could be easily lifted from the binary but the code was probably rebuilt from the source and signed with the copyright violator's key. Code is signed, data is not. If code could be re-signed then we would have seen a lot of this by now. So what's different about this instance? The copyright violator had the source code. Occam's razor points to the GPL.

    The quote that you referred to was just speculation, not an established fact.

  49. For the love of God, shut the fuck up! by Brannon · · Score: 1, Insightful

    Apple exercises totalitarian control so that there aren't a sea of buggy and/or malicious apps out there like on Windows. It improves their customer experience which is why their customers like it. If you don't, then don't by an iPhone--just go buy some shitty Android and leave the rest of us alone.

    Apple doesn't scrutinize the copyrights of every app that is submitted to them--that would be an impossible task. They do what everyone else does, waits for a complaint.

    There are millions of Apps out there--it takes a while for Apple to process these complaints.

    Seriously, is this all you have to feel indignant about? that some company somewhere is selling something that their customers want and just because it isn't what *you* want then the rest of us have to suffer your adolescent little shit fits?

    1. Re:For the love of God, shut the fuck up! by Zaphod+The+42nd · · Score: 2

      Absolutely wrong. You're very misinformed.

      http://www.joystiq.com/2009/06/20/commodore64-iphone-app-finished-denied-by-apple/

      http://uneasysilence.com/archive/2008/09/13445/

      http://www.iphonefreak.com/2011/02/sony-reader-denied-app-store-debut.html

      http://mobihealthnews.com/6932/interview-the-iphone-medical-app-denied-510k/

      http://gizmodo.com/5611169/why-the-hell-did-apple-pull-camera%252B-from-the-app-store

      Google around, you'll find a million similar cases. Developers hear that their apps will be fine, and then at the last minute they are denied and not told why. It takes them alot of calling and emails to Apple and takes months before they can even find out why.

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    2. Re:For the love of God, shut the fuck up! by Culture20 · · Score: 1

      Apple exercises totalitarian control so that there aren't a sea of buggy and/or malicious apps out there like on Windows.

      I would compose a suitable response, but I'm sure as hell not installing a buggy, malicious fart app on my phone just to get the proper verbiage.

    3. Re:For the love of God, shut the fuck up! by toriver · · Score: 1

      http://www.joystiq.com/2009/06/20/commodore64-iphone-app-finished-denied-by-apple/

      For fu*k's sake, check the dates of your links! The C64 app has been available in the iOS app store for ages now!

  50. Re:Apple has learned arrogance from MS by Kjella · · Score: 1

    YouTube doesn't lose their safe harbor even if they show ads along with a pirated video clip or song. "Directly attributable" in this sense means more of a profit-split, rather than the normal cost of using the company's services. If you pay for hosting and upload something illegal, the hosting company is still protected even though you paid them money. Least that's my impression of how that clause is interpreted. Your mileage in court may vary.

    --
    Live today, because you never know what tomorrow brings
  51. Re:GPL? by Dog-Cow · · Score: 1

    It is illegal. You were the first to mention that it is "wrong".

  52. Re:Except Apple careful selects which Apps are goo by 99BottlesOfBeerInMyF · · Score: 1

    So, Apple touts their App Store as a place where you can get software without the problems regular vendors suffer, by means of their careful screening process.

    Unless they are making specific claims about confirming copyright, they're legally in the clear.

    I wonder how careful that screening process actually is if it fails to detect basic theft.

    Not theft, copyright and trademark infringement. Please learn the difference if you're going to be discussing these topics intelligently.

    How long then until someone smuggles the first demonstration virus it into the App Store in order to show just how well that screening process actually works?

    Likely not a virus, but someone will undoubtedly slip a trojan past the Mac App reviewers at some point. I'm not sure yet if Apple is applying their security frameworks to apps from the Mac app store. If not, hopefully they will soon and will be able to contain malware that slips through via their MAC implementation and revoke the signature of malware, thus globally disabling it once it is discovered; like they do with iPhone apps.

  53. Re:GPL? by bluefoxlucid · · Score: 1

    You're competent enough to verify that the license is GPL, build a program, package it, submit it, and sell it on the Apple app store; but you're not competent enough to notice the EULA stating that the content is non-free?

  54. A for effort by boxxa · · Score: 1

    I definitely give the person who put the pirated version on the app store an A for effort.

    --
    Bryan
  55. Anyone surprised that this happened? by bhlowe · · Score: 1

    Anyone who releases the source code, art, build scripts, etc. to their "proprietary" for-sale app shouldn't be surprised when someone compiles it and sells it for less. If the art was licensed so it couldn't be sold, then a free version of the app would be the next obvious "price point". Which begs the question why on earth the developer chose such a model IF they wanted to make money from the App store. Sounds like the developer should have expected this.

  56. Re:GPL? by TheRaven64 · · Score: 1

    Ignoring the act that it also includes a large number of files that are not GPL'd, you're probably wrong about the code too. The GPL specifically states a number of rights that you must give to people who receive the code, and it is pretty much impossible to comply with the GPL and the App Store rules simultaneously (which is why VLC was pulled from the store). If you distribute GPL'd code without complying with the GPL, then you are distributing copyrighted code without a license, also known as software piracy. The original authors are not bound by the GPL if they are the copyright holders, so they may dual-license it for the App Store, but the people copying the code are. So, just because it's GPL'd, doesn't mean that it's not pirated.

    --
    I am TheRaven on Soylent News
  57. Re:Apple has learned arrogance from MS by TheRaven64 · · Score: 1

    Apple takes a 30% cut of the sale price, so it is a profit split. This, combined with their review process, means that it's very unlikely that they are going to qualify for the safe harbour provisions.

    --
    I am TheRaven on Soylent News
  58. Re:Apple has learned arrogance from MS by Jah-Wren+Ryel · · Score: 1

    I'd argue (as Apple probably would as well) that they might be losing out due to the infringing behavior - anyone who buys the pirated version is paying less than someone buying the actual version, so Apple is losing their cut of the higher cost version.

    That might be plausible, except that the lower price-point could result in a higher number of total sales dollars. In practice though, I doubt a court would give any credence to that argument because the DMCA qualifications aren't relative - receiving less money is still receiving money.

    --
    When information is power, privacy is freedom.
  59. Re:Apple has learned arrogance from MS by TheRaven64 · · Score: 1

    There is a very good reason for using the fully-qualified version (itunes.com., rather than itunes.com): It will not be looked up in your search domains. On most Macs, for example, the .local. TLD is in the search domain, so a machine that advertises itself as itunes.com.local. over mDNS will be returned for a lookup for 'itunes.com', but not for 'itunes.com.' The same is true on corporate networks where they set the company domain as a search domain.

    --
    I am TheRaven on Soylent News
  60. Tin Foil Hat Consiracy by bigredradio · · Score: 1

    Just thinking from my tin foil hat, who's to say this wasn't a planned hoax from the start to get people to notice (and purchase) this game. They got a lot of press out of this. When you are a needle in a stack of needles, you gotta have a gimmick. Claiming your kid is in a UFO shaped balloon has been done already. Crying "GPL VIOLATION" gets a lot of attention.

  61. Why Apple? by xnpu · · Score: 2

    Why do we even want Apple to respond? Do we really want Apple to police this? Just send your lawyer after this other "author".

    1. Re:Why Apple? by DMiax · · Score: 3, Insightful

      Because they are distributing it? And getting money from it? To supreme irony (or bad taste, your choice) they could file a valid DMCA complaint to Apple. The fact that they did not yet means they are being very reasonable.

    2. Re:Why Apple? by Anonymous Coward · · Score: 0

      For starters, they're paying Apple $0.30 for every $1 of sales for a service, part of which is removing content that is proven to be infringing. This isn't even a random 3rd party, this is a paid Apple Dev that isn't getting their proper service. If Apple were letting anyone into the App Store, then sure, not their fault. But when they have to check every App (and be paid $100 a year to do so not counting the sales take...), then the onus is now on Apple.

    3. Re:Why Apple? by SleazyRidr · · Score: 1

      They have shown themselves to be willing to remove things from the app store in the past for a wide variety of reasons. If Apple won't remove this app for being clearly ripped off someone else in the app store they're sending a pretty clear message that all the restrictions on you when you publish in the app store are purely for their benefit, and they don't want to help the developers.

    4. Re:Why Apple? by microbee · · Score: 1

      Do we really want Apple to police this?

      Hey, what's the weather like today at Mars?

      Apple policing App Store? Unthinkable!

    5. Re:Why Apple? by Anonymous Coward · · Score: 0

      Fuck that. Sue Apple for failing to respond, and failing to mitigate the damages caused by this blatant violation of trademark and copyright.
      Then sue the fucking hell out of the asshat who is ripping off your trademark and copyright.

      People like this deserve Very Bad Things.

    6. Re:Why Apple? by cbhacking · · Score: 1

      Somewhat ironic indeed, that the DMCA takedown notice is not being used for the *exact* thing it's designed for. It seems to get used for everything *else*...

      --
      There's no place I could be, since I've found Serenity...
    7. Re:Why Apple? by Anonymous Coward · · Score: 0

      Because the all mighty Apple is supposed to be in control of THEIR app store. They're supposed to be protecting the rights of the authors that they provide their services for (and which the developers PAY for). I'm sure if I started hosting someone's rips of MacOSX I'd be the one they'd have their lawyers come after.

  62. Gpl by Anonymous Coward · · Score: 0

    I did not know you could write your own terms of gpl.

  63. Re:GPL? by The+End+Of+Days · · Score: 1

    I don't get it, should I respect property rights and follow the GPL as RMS wants, or should I ignore property rights as RMS wants and ignore the GPL? I can't decide!

  64. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  65. Interesting standpoint by Mathinker · · Score: 1

    You don't have to cry over the developer's business model. They made plenty of money from the first Humble Bundle, partly because they promised to release the source.

    What I find strange about your comment is that the analogy of your position to video, books, and other creative works protected by copyright law (since these works are released without obfuscation, unlike compiled code) is that the creators should expect counterfeiters to hijack their works, and not expect that they can have a viable business model.

    Do you actually believe that? Reality doesn't seem to agree with you with respect to the viability of the business model, even if it is true that there is illegal copying and counterfeiting in those arenas also. There's even illegal copying and counterfeiting of non-open-sourced programs and this infringement doesn't necessarily prevent some companies from having a viable business model.

    1. Re:Interesting standpoint by bhlowe · · Score: 1

      If the developer got sales and exposure because they promised to open source the app, great for them. But my guess is that they used GPL code in their project and released the source code. And now they are paying the piper.

      I write software for a living and sell copies of it to provide for my family, so I know a little bit about this topic. As far as I know, books, music and videos don't have a GPL equivalent that could poison the finished result so that it must be given away to be legal.

      Do you actually believe that its a good idea to spend thousands of man hours to develop something, put it up for sale, and then also let everyone else give it away for free? If your goal is to make money or even recoup expenses, that seems like a big gamble without a lot of upside. If that isn't your goal, keep enjoying your hobby or government job.

      The big issue is that anyone who uses GPL in their apps may end up with this same nightmare scenario. The "pirates" only sin was they tried to charge money for it.

  66. Re:GPL? by westlake · · Score: 1

    If the guys who released the game took effort to redraw all backgrounds, remake all the textures, remodel and retexture all the 3D models...

    It isn't quite that simple.

    You need to demon state that you have produced a substantially original work.

  67. Simple solution by fireylord · · Score: 1

    File a DMCA notice on Apple, making damned sure that you clearly demarkate your legitimate application from the counterfeiter's listing in it.

  68. Advertising stunt by Anonymous Coward · · Score: 0

    Has anyone thought that this could just be a stunt by the developers of Lugaru HD to get free publicity.

  69. DMCA takedown! by k8to · · Score: 1

    If they don't respond promptly, I'd send apple a nice DMCA takedown. They can't be capricious dicks about people selling their own stuff and then fail to act on blatant copyright violation.

    --
    -josh
  70. Re:Except Apple careful selects which Apps are goo by Em+Adespoton · · Score: 1

    As we like to state on here so often, copyright and trademark infringement are not "basic theft".

    Unless the submitter includes the original copyright and trademark information, Apple has no way of knowing for sure that the content belongs to someone else. For those that argue "but someone else was already publishing the same assets with a copyright attached!" this is true, but whose to say it wasn't the other guys who slapped on some fake rights? The problem is, while all these things are theoretically detectable, you have an open-ended detection problem. What should they be detecting? How far should they search? As soon as they enter this arena, they become liable for anything they miss.

    It's easier just to respond to appropriate DMCA and Trade notifications -- which they do.

  71. Re:As long as they don't violate Apple's copyright by Lifyre · · Score: 1

    Actually at this point if Apple doesn't do something to remedy this they can be found to be facilitating copyright infringement and things could get fun.

    --
    I'll meet you at the intersection of "Should be" and "Reality"
  72. Apple is above the law by mschaffer · · Score: 1

    Apple's policies on so many aspects of their app store suggests that they are above the law. Why should this be any different?

    1. Re:Apple is above the law by Lifyre · · Score: 1

      Because they take a direct portion of the sale price of the app. Apple's policies do not matter in anyway. There is no policy that they have or could have that says we can profit from "theft." Their policies aren't the most friendly to consumer rights but there is nothing they have that suggests they are above the law (except on the occasion where the law hasn't actually been defined). You of course are welcome to produce such policies to correct me however.

      --
      I'll meet you at the intersection of "Should be" and "Reality"
  73. Re:GPL? by toriver · · Score: 1

    ignore property rights as RMS wants

    [citation needed]

  74. Re:Apple has learned arrogance from MS by Anonymous Coward · · Score: 0

    You should submit this info to the makers of Dan's Guardian so they can fix their software to handle all properly formed URLs.

    And miss an opportunity to flame Apple instead? Perish the thought.

    --
    posted from mbp-2.local.

  75. Re:GPL? by Jaxoreth · · Score: 1

    You need to demon state that you have produced a substantially original work.

    And I thought living in a police state was harsh...

    --
    In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
  76. you advocate Tivo-ization? by Anonymous Coward · · Score: 0

    It sounds like Lugaru followed in Tivo's footsteps of trying to comply with the letter of the GPL while twisting its spirit enough to break a spine.

    I thought that Slashdot considered Tivo-ization bad http://slashdot.org/story/07/06/04/0020213/GPLv2-Vs-GPLv3?

  77. Apple Suppresses Negative Reviews also by Anonymous Coward · · Score: 0

    So what else is new. I signed up for the Mac App Store a couple of days back when I received an unpleasant jolt about Apple fanaticism to control their own platform.

    I am a casual user who had just joined the App Store. I was just about to buy Angry Birds when I noticed a top selling software called OPlayer. Curious because the name resembled a suspicious familiarity to the PC player MPlayer, I browsed the app and discovered it was indeed just a wrapper around MPlayer.

    There were no reviews for telling the customer that he need not pay for this application and could just install MPlayerOSX from http://mplayerosx.sourceforge..../ or download VLC from http://videolan.org. A small google revealed that the developer OlimSoft is a guy called "Jonathan Young" from China.

    MPlayer has contributors from many countries, primarily US and Europe, but also India and China. It turns out he has never even contributed to MPlayer. He is just putting a wrapper around the app himself and charging $20 a pop to unknowing users to profit at the expense of the hard work

    I decided to give the app a single star and write a short review to dissuade unknowing visitors from accidentally buying the app.

    It turns out I can't write this. Apple doesn't allow you to review an App unless you specifically for out the money for it. I was jolted by this because while I had bought apps for my iPad (like Angry Birds) I didn't know that Apple was deliberately suppressing information.

    I have also used Amazon.com, but they actually allow you to review ANY and I mean ANY product. It was because of this that Games with draconian DRM were given 1-star on Amazon by users to express their dissent. It was because of user review that the CDs with Sony's infamous DRM Rookit got booted from top position.

    But here we have OPlayer, a top 300 app on the Mac App Store ripping users and charging for other people's work and I can't even tell people about it!

    When I posted this on the Apple Forum my post was deleted because "Your post was removed from Apple Discussions as it contained feedback or feature requests."

    But "Journalists" (who just love Apple) love to write glowing reviews like this even if Apple creates a noose around their people neck for design, convenience and security.

  78. When was that? by HornWumpus · · Score: 1

    Seriously.

    I've owned various Apple products sense the Apple ][+. I was gone (working for a living with Netmare) for decade+ while they ran emulated 68K files systems and stacks, lame multitasking etc etc while singing homilies about their machines being stable and better.

    They have always been arrogant to the point of occasional gross stupidity. Does the term 'not invented here' ring a bell? They blew a huge lead in commercial GUIs by sitting on their accomplishments. There was no excuse. They failed to execute.

    NextStep/Jobs saved their asses.

    Without Jobs Apple would have had to agreed to Be Incs extortionate demands. By then they were just beat down by protected memory and preemptive multitasking. They had wasted millions and years failing. Someone really high up had reached his level of incompetence and was trying to hide by surrounding himself with even more incompetent people (I forget the peter principle corrillary name so I can't cite it).

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  79. Advertising stunt by Anonymous Coward · · Score: 0

    ...that is all it is.

  80. Ugly by Anonymous Coward · · Score: 0

    That is one ugly game.

  81. Re:GPL? by ErikZ · · Score: 1

    The summary doesn't mention the engine at all. It says the source code is GPLed.

    And what in the world is an "Asset"? Because it's no type of code or programming I'VE ever heard of.

    --
    Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
  82. Re:GPL? by raynet · · Score: 1

    That is probably because programmers usually don't do art or graphics and music that well :)

    --
    - Raynet --> .
  83. Re:GPL? by raynet · · Score: 1

    Based on earlier comments, the non-GPL'd parts are under a license that allows non-commercial copying, thus it might be OK to upload it to Apple and give it to users for free. Atleast it would be OK to put it on your own personal website and share it for free. Assuming the "assets" are under license that allows this.

    --
    - Raynet --> .
  84. Obsessed with the GPL, much? by Mathinker · · Score: 1

    Surprise! The code was closed until the Humble Bundle and no one has started screaming about GPL violations since it's been opened up. So no, the whole basis of your reasoning is unsound, even if you sell software for a living.

    Note to self: other people might have different successful business models which I don't know about.

    > As far as I know, books, music and videos don't have a GPL equivalent that could poison the
    > finished result so that it must be given away to be legal.

    You really need to get out of the basement more. Firstly, GPLed code can be sold if you can find someone willing to buy it. It doesn't necessarily have to be given away for free (even if you are possibly correct in a practical sense). Secondly, see the Creative Commons Attribution-ShareAlike license for books, music, videos, etc.

    Oh, and lastly --- you actually didn't reply to any of my post, you merely unconnectedly knee-jerked anti-GPL sentiment. Now that you understand how wrong your assumptions were, you have a second chance to actually reply to my point.

  85. Re:GPL? by drinkypoo · · Score: 1

    And what in the world is an "Asset"? Because it's no type of code or programming I'VE ever heard of.

    Well, you're either too stupid for this conversation or you're trolling, either way, welcome to my foes list. Anyone who doesn't know the game content is referred to as "assets" has not been following game development since EVER. Those who are unqualified to comment should shut the fuck up.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  86. don't hold your breath by mschaffer · · Score: 1

    Actually, the copyright holder has to serve Apple with some sort of formal complaint. This needs to be more than whiny emails. At that point some of Apple's lawyers may stop laughing if the sense a credible lawsuit coming. Otherwise, they can just ignore it.

    1. Re:don't hold your breath by Lifyre · · Score: 1

      Fair enough. I had assumed it had gotten past the whiny email stage. If it hasn't or doesn't then it's not Apple's fault.

      --
      I'll meet you at the intersection of "Should be" and "Reality"
  87. FTFY by drinkypoo · · Score: 1

    Just spreading fud from under my tin foil hat,

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  88. The viral GPL2 license by davidwr · · Score: 1

    If the current version of Wikipedia's entry for GPL2 is to be believed, there is some disagreement among legal circles on this one.

    So, if you will permit me to retract what I say and replace it with this general statement:

    "Before distributing proprietary code, data, or anything else that you wish to keep proprietary along with code, data, or anything else that is licensed under the GPL2, do your research on what others have done before and if it's not clearly understood within the open-source community as permissible, get a lawyer's opinion or take the risk that you may have to release your proprietary files under the GPL2 at a later date."

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:The viral GPL2 license by drinkypoo · · Score: 1

      The GPLv2 requires that additional materials required to run are also GPL'd, like any required libraries. But you don't need the original assets to run the game engine, so that test doesn't apply...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"