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Google Yanks Several Emulators From App Store

PC Magazine reports that the "-oid" family of emulators from developer Yong Zhang (better known as yongzh) has been pulled from Google's Android Market. These include Nesoid, Snesoid, and Gameboid. From the article: "So what got Zhang the boot? Or, rather, who? Neither Zhang nor Google have commented on the primary source of the complaints against the developer's emulator apps. While most speculate that one of the Big Three are behind the purge–Nintendo, Sony, or Microsoft–there's also speculation that Zhang allegedly violated the open source licenses for projects that parts of his programs were derived from." A piece at Android Police has further mention and some more background on the legal position of emulator software.

35 of 190 comments (clear)

  1. sleezeball by deisama · · Score: 5, Informative

    I don't care what you're position is on emulators or Google. This guy tried to make money off of other people's work, his emulators were just based off of open source projects like snes9x. And he actually had the gall to try and play the sympathy card about how he's lost his primary source of income. You mean he might actually have to work, or come up with something original to earn money? How sad.

    He deserved to get pulled.

    1. Re:sleezeball by WarpedCore · · Score: 5, Informative

      SNES9x is a non-commercial license. Even if he released the source, he can't sell it for money, like he's been doing.

    2. Re:sleezeball by jo_ham · · Score: 3, Insightful

      So what you're saying is that OSS is a poisoned chalice that anyone who wants to make money or a career for themselves in software development shouldn't touch with a 12 foot barge pole?

      No, I didn't think so.

      You seem to think that commercial interest and OSS are exclusive to one another. Where do the major OSS licences forbid you making money?

      In this case, if he was using code released specifically under a non-commercial licence then clearly it would explain why his software has been pulled, but your rant smacks of a much broader chip on your shoulder that you think it's immoral to sell OSS software for money, or otherwise generate income from OSS software.

    3. Re:sleezeball by DMiax · · Score: 4, Insightful

      reading from other comments it looks like he used something that was under non-commercial license only. Which, ironically makes it non-OSS. So the GP is spot on: the guy is a freeloader and deserves no sympathy.

    4. Re:sleezeball by Anonymous Coward · · Score: 2, Informative

      Except that this seems to be something akin to a GPL licensing issue. The emulator is, apparently, ripped of another emulator (that does provide source code; with a non-commerical reuse license.)

      http://www.reddit.com/r/Android/comments/hmwj7/android_markets_most_popular_emulators_disappear/

      So, no, the software doesn't seem to be pulled because it was an emulator; but that it was a simple copyright violation in its own right. Not sure what the truth of the matter is; merely that there's good evidence it's not a simple 'DMCA takedown by $BIG_CORPORATION of all emulators'.

    5. Re:sleezeball by flowwolf · · Score: 3, Informative

      Redhat doesn't charge for the software. They charge for the services and hardware they provide surrounding the software.

    6. Re:sleezeball by Grey+Ninja · · Score: 4, Interesting

      Not to mention that I just checked, and the REAL SNES9x is still on the marketplace. This is clearly a license violation.

    7. Re:sleezeball by Anonymous Coward · · Score: 2, Insightful

      RedHat has contributed so much critical code that it's not even remotely comparable.

      On a side note, it's always amusing to see RedHat and Novell get shit on constantly on this site. They've contributed so much critical code that Linux would almost definitely be completely irrelevant if it weren't for them. Perennial Slashdot favorites Debian and Ubuntu don't contribute nearly as much, and in terms of contributions to core infrastructure projects (Linux kernel, Xorg, Alsa, Gnome, Firefox etc.) Debian and Ubuntu developers are barely even a blip on the radar.

    8. Re:sleezeball by Anonymous Coward · · Score: 2, Insightful

      I think the most immediate thing that goes through many, essentially non-programmers' minds is the idea that;

      "If I release all of the source code to my application, what is to stop somebody else from forking my project, replacing any copyrighted assets with free ones, and distributing a compiled binary to consumers as a competing, free product?"

      If someone could concisely explain why this fear is unfounded in a few sentences, this could become something that people quote to back up FOSS in arguments such as these. Anyone?

    9. Re:sleezeball by icebraining · · Score: 2, Informative

      FOSS isn't "Free Open-source Software", it's "Free and Open-source Software" (as in, the Free Software as defined by the FSF plus the Open Source software as defined by the OSI).

      And according to the Open Source Definition,

      . Free Redistribution
      The license shall not restrict any party from selling or giving away the software as a component of an aggregate software distribution containing programs from several different sources. The license shall not require a royalty or other fee for such sale.

      So, no, it's not OSS.

    10. Re:sleezeball by flowwolf · · Score: 5, Insightful
      The licence of snes9x

      Snes9x homepage: http://www.snes9x.com/

      Permission to use, copy, modify and distribute Snes9x in both binary and source form, for non-commercial purposes, is hereby granted without fee, providing that this license information and copyright notice appear with all copies and any derived work.

      This software is provided 'as-is', without any express or implied warranty. In no event shall the authors be held liable for any damages arising from the use of this software.

      Snes9x is freeware for PERSONAL USE only. Commercial users should seek permission of the copyright holders first. Commercial use includes charging money for Snes9x or software derived from Snes9x.

      The copyright holders request that bug fixes and improvements to the code should be forwarded to them so everyone can benefit from the modifications in future versions.

      Super NES and Super Nintendo Entertainment System are trademarks of Nintendo Co., Limited and its subsidiary companies.

      Those two licences don't apply here.

    11. Re:sleezeball by Stewie241 · · Score: 2

      The GPL says nothing about not being able to charge money to distribute GPL licensed software. The GPL actually specifically permits this. The problem is that the software in question is according to other posters, *not* GPL, but rather some other license that prohibits selling it.

    12. Re:sleezeball by FrangoAssado · · Score: 5, Informative

      Not without explicit permission from the autors; Snes9x license explicitly forbids it:

      Snes9x is freeware for PERSONAL USE only. Commercial users should seek permission of the copyright holders first. Commercial use includes, but is not limited to, charging money for Snes9x or software derived from Snes9x, including Snes9x or derivatives in commercial game bundles, and/or using Snes9x as a promotion for your commercial product. [my emphasis]

    13. Re:sleezeball by theArtificial · · Score: 3
      True. Since we're just yelling out things he can do: he can also fork over his profits made from others work. His packaging and related services are not what are at fault. I've attached the license.txt here with emphasis added:

      Snes9x homepage: http://www.snes9x.com/

      Permission to use, copy, modify and distribute Snes9x in both binary and source form, for non-commercial purposes, is hereby granted without fee, providing that this license information and copyright notice appear with all copies and any derived work.

      This software is provided 'as-is', without any express or implied warranty. In no event shall the authors be held liable for any damages arising from the use of this software.

      Snes9x is freeware for PERSONAL USE only. Commercial users should seek permission of the copyright holders first. Commercial use includes charging money for Snes9x or software derived from Snes9x.

      The copyright holders request that bug fixes and improvements to the code should be forwarded to them so everyone can benefit from the modifications in future versions.

      Super NES and Super Nintendo Entertainment System are trademarks of Nintendo Co., Limited and its subsidiary companies.

      --
      Man blir trött av att gå och göra ingenting.
    14. Re:sleezeball by gomiam · · Score: 2

      "If I fear someone forking my project and competing with me, why should I open the source code?"

      Fixed that for you :P

      Joking aside, if you fear competition you don't give ammunition. Then again, free and open source is about cooperation (and coopetition).

  2. Meh... by AngryDeuce · · Score: 2

    I mean, is this really anything more than a minor hiccup? It's pretty easy to install apps around the App Store. It's not like iOS (yet)... There's a ton of free emu's out there for Android. Pick a substitute and game on.

  3. Snesoid was based on Snes9X by byuu · · Score: 5, Informative

    Which has a strict non-commercial license. The developers do not want their work being sold for profit.
    So in that instance this has nothing to do with the GPL. Not sure about the other two.
    Personally, I'm happy to see this one pulled.

    1. Re:Snesoid was based on Snes9X by Aug+Leopold · · Score: 4, Informative

      Looks like nesoid is based on FCE Ultra (GNU GPL) and gameboid was based on gpSP (GNU GPL).

    2. Re:Snesoid was based on Snes9X by Exophase · · Score: 5, Informative

      yongzh has received a relicense for gpSP by me, the sole copyright holder of the source he forked off of (he isn't using any code from any of the other forks). So Gameboid isn't violating any license agreements. It getting pulled is either at Google's discretion due to complaints against the owner in general or, more likely, Nintendo pressuring him. Remember, Google makes money off of his sales too. I doubt they'd remove emulators that didn't directly correlate to any particular person's specific complaint (nor would they take a complaint from some random non-copyright holder seriously). Nintendo, on the other hand..

    3. Re:Snesoid was based on Snes9X by gl4ss · · Score: 2

      gameboid has a "download roms" link straight from the app(goes to a site with his referrer id attached, so some money there), so did his other emus. he walked a fine line with that.

      what he should have done, to keep the sw alive forever, would have been to publish them off-market, and linking to a sleazy roms website definetely didn't help.

      --
      world was created 5 seconds before this post as it is.
    4. Re:Snesoid was based on Snes9X by lordDallan · · Score: 2

      Thank you for posting this. Yong claims to have all his "licensing" in order, this seems to back that up. He also claims that it was Sony that caused this takedown and that he'd seen evidence pointing to that. See ZodTTD's homepage for more information about how this WASN'T because of licensing abuse/misuse.

      Now to all the Android fans. It's OK to like Android just like it's OK to like Apple. It's OK to like one or the other more. It's NOT OK to delude yourselves that Google is your "open" buddy free from commercial interests. Short version, they aren't. Google is a a very large corporation, and like all other very large corporations they are extremely focused on making lots of money off of you, the consumer. There's nothing sinister about this, but IMHO you shouldn't delude yourself into thinking otherwise because they embrace some "parts or principles" of open source. This also means they're not afraid to shit all over a developer if they think that developer is impugning upon their "money-makin'-turf". It SEEMS like that's what happened here.

      My biggest beef with this, and with Google in general, is that their "sleazy corporate moves" always seem to me to be back handed. Oh, we're holding back this source now. Oh, we're letting carriers do shady shit now. Oh, we're pulling developers post-approval because a key partner or two complained. For the record, I personally prefer Apple as a company to Google. Mostly because they are out-in-front about wanting to "screw you"/profit off of you. Apple say's they want your money upfront, and in exchange for that, they guard you and your info like a jealous lover.

      I'm not claiming that Apple's way is the best way of doing things, I don't know if there is a "best" way and wouldn't presume to know what that "best" way was, is, or will be. I am saying that Apple's up-front "dickishness" is the way I prefer for a company to treat me. I know Apple overcharges me and are dicks about letting me access certain information. I consider it a fair trade in exchange for their "openness" about how they screw me, as well as their efforts to protect their walled garden in which I dwell. I spend MY money with Apple accordingly, others are free to spend THEIRS where they will.

  4. Somewhat Obvious Who Had It Pulled by PocketPick · · Score: 4, Insightful

    "While most speculate that one of the Big Three are behind the purge–Nintendo, Sony, or Microsoft"

    Why even speculate which of the Big Three it was? The emulators were for:
      - Nintendo SNES
      - Nintendo Gameboy
      - Nintendo NES
      - Nintendo N64

    Call me crazy, but if it wasn't pulled because of licensing issues, shouldn't it be obvious who would of had the beef with this guy?

  5. Re:He violated the GPL by thetoadwarrior · · Score: 5, Informative

    Snesoid at least was based on snes9x which strictly says you can't make money from it and he did. That's a clear violation which, if I were the author of Snes9x I'd be pissed.

  6. Way to go apple by Anonymous Coward · · Score: 5, Funny

    Thats why i am staying away from evil and sticking to android.

  7. The Robot Revolution is coming by zanian · · Score: 2

    A piece at Android Police has further mention and some more background on the legal position of emulator software.

  8. Re:He violated the GPL by countertrolling · · Score: 3, Informative

    Lisa, I would like to buy your bridge...

    --
    For justice, we must go to Don Corleone
  9. Very interesting information by erroneus · · Score: 3, Interesting

    "Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

    Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 71 FR 68472-01"

    I realize this exception is being stated for video games and computer programs, but it rather reminds me of Disney's Dong of the South in laser disc format.

  10. Re:He violated the GPL by Anonymous Coward · · Score: 4, Informative

    Snes9x is not GPL.

  11. Re:Well, maybe a small wall around the garden by mjtaylor24601 · · Score: 2

    Yes it's such a shame you can only install apps that come from the Android Market.....oh wait

    --
    I wish I were as sure of anything as some people are of everything
  12. Re:He violated the GPL by uberjack · · Score: 3, Informative

    Maybe so, but it's not like "yongzh" distributed the source code of his emulators, which _is_ required by the work derived from GPL. That said, while SNES9X doesn't use GPL, it does forbid commercial use of its source code.

  13. Re:The author ripped off other people's projects by tepples · · Score: 3, Informative

    If you release software that says "you can feel free to make money off this", and I make money off it, how have I done anything wrong?

    Two of the emulators that people port to everything under the sun (VisualBoyAdvance and FCEUX) are GPL. In this case, if you fail to pass on the copylefted source code, then you've done something wrong. And if you do pass it on, you haven't done anything wrong, but anybody else will have the right to rebuild it to APK and submit it as a free app to Amazon, AppsLIb, and SlideME.

  14. Re:I don't see what this man did wrong. by Kenja · · Score: 4, Informative

    I'll try to explain using smallish words. He took other peoples emulators, ported then to Android, and charged money. These other peoples emulators had licenses on them that either required he make the source code for his changes available (which he did not do) or forbade charging money (which he did). It has nothing to do with emulators being OK or not. It has to do with copy write and what he was and was not allowed to do with other peoples code.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  15. Re:Don't care by PyroMosh · · Score: 2

    A quick Bit Che search shows that right now there are 14,000 seeders and 4,000 leechers for the torrent with the hash ed25fbe9a48b5335de86fbfc61100698e06876c0

    That's just the top seed I found on my first search. There are tens or hundreds of thousands of seeders and leechers for other torrents RIGHT THIS SECOND.

    Not exactly the same topic, but related.

    About two years ago, I posted to a different slashdot story here:
    http://games.slashdot.org/comments.pl?sid=1325079&cid=28949323

    In that thread I challenged slashdoters to provide instances of backup software. All the people who install bypass chips INSIST that they're mostly used for legal purposes and that just because they can be used illegally, that doesn't mean it's common.

    I never received a response. Not to that slashdot thread, nor via the email address I set up for my little experiment.

    There are MY citations. They may not be indisputable, but they're what I've managed to obtain so far. What do you have to offer for the other side?

    Also, two questons:

    1) How do you know Nintendo's VC is successful?
    2) If it is indeed successful, how does this prove that piracy isn't wide spread and harmful? Can't both states be true?

  16. Re:Don't care by MobileTatsu-NJG · · Score: 2

    A quick Bit Che search shows that right now there are 14,000 seeders and 4,000 leechers for the torrent with the hash ed25fbe9a48b5335de86fbfc61100698e06876c0

    Okay, so what does that actually mean?

    In that thread I challenged slashdoters to provide instances of backup software. All the people who install bypass chips INSIST that they're mostly used for legal purposes and that just because they can be used illegally, that doesn't mean it's common.

    I wouldn't get too excited about that. We don't even read the article, why would anybody take the time to take photos of backups? I know I'd be hard pressed to do it, like I want photographic proof that I'm copying games.

    There are MY citations. They may not be indisputable, but they're what I've managed to obtain so far. What do you have to offer for the other side?

    Nintendo's Virtual Console is just fine. People are still selling games from the 80's and 90's on eBay. Nobody has been able to actually show a loss, even on games where the pirated version was out before the release version. In fact, we've seen nothing but growth from the video game market.

    1) How do you know Nintendo's VC is successful?

    Nintendo keeps releasing games, the prices haven't changed, and the 3DS will get a version of it. It's obviously worth Nintendo's while.

    2) If it is indeed successful, how does this prove that piracy isn't wide spread and harmful? Can't both states be true?

    Are you using the term piracy to mean 'copyright infringement' or 'theft'? If you mean the former, then sure, I think they can be true. I don't think piracy really causes any harm at all, at least not until you you start doing stupid things like preventing your paying customers from being able to use the product. I don't think, though, that the question's all that fair.

    You mention seeders and leeches, but neither of those are numbers of people who are downloading the games and playing them. The people I've met that go around doing that really aren't players, they're collectors. They might fiddle a bit, but they're not really getting out of it what the game developers imagined. I haven't the foggiest idea how one would go about finding out what the actual ratio is, but this is where we get back to this point that no losses have actually been measured.

    I'm going to mention something so you can understand a bit about where I'm coming from on this: Not long ago I had software for sale on-line. Somewhere in the middle a crack was released for it and people downloaded it. With that knowledge in mind, you could not look at a graph of my sales and even guess when the crack actually came out. I'd also like to mention that the work I do involves copyright and my living depends on people buying content. You may first assume that I am trying to justify some sort of behaviour, but I want you to understand that if people pirated to the point that money wasn't flowing, I'd be back in my home town pumping gas for a living.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  17. POV from developer of one of the ported emulators by sa666_666 · · Score: 2

    Strictly from my POV as one of the maintainers of the one of the emulators (Stella), this person asked for permission to release a port of Stella, but without releasing the changes under the GPLv2. Of course we said that was against the license, and he responded that he would figure out another alternative instead. Then a little later, the software was ported and source code not provided. It's almost as if he asked permission, and then when the answer wasn't what he wanted, he went ahead and did it anyway.

    I suspect this happened for a number of other emulation projects too, and enough of the emulation authors (rightfully) complained and had them removed. The weird thing about it is if he'd just followed the licenses, the software would still be in the app store. I don't think most authors were concerned about another port, just that he was unjustifiably making profit from it.