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Ask Slashdot: How To Get Old Commercial Software To Be Open-Sourced?

First time accepted submitter Optic7 writes "Many gamers have probably dreamed about the idea of an old favorite game or other no longer supported or developed commercial software being converted to an open-source license so that it could be updated to add new features, support new hardware, other operating systems, etc. However, this type of change of license seems exceedingly rare, unless the copyright holder itself decides on its own that it would be beneficial. The only examples I could think of or was able to find in a brief internet search were Blender (3D animation software that had its source code bought from creditors after a crowd-funding campaign) and Warzone 2100 (Game that had its source code released after a successful petition). With those two examples of different strategies in mind, have any of you ever participated in any efforts of this kind, and what did you learn from it that may be useful to someone else attempting the same thing? Even if you have not participated, do you have any suggestions or ideas that may be useful to such an effort?"

234 comments

  1. The google's way ? by Taco+Cowboy · · Score: 3, Insightful

    Google did open-source some of the commercial-wares - by acquiring the company
     

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:The google's way ? by Serious+Sandwich · · Score: 0

      But Google itself keeps most of its source code hidden behind servers. They even take GPL'd code and don't give their improvements to others because they don't have to.

      The much larger problem is how to open source code that is hidden behind servers. GPLv3 doesn't do it.

    2. Re:The google's way ? by hawkinspeter · · Score: 4, Insightful

      I don't see that as too much of a problem. Freedom to modify software running on your own computer is important, but you shouldn't need to modify code running on someone else's computer.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    3. Re:The google's way ? by Serious+Sandwich · · Score: 0

      That's not the point, is it? Of course you shouldn't modify code on someone else's server, but you should still have access to the source code. If you go with open source mentality, that is, and especially if you use other people's work. That's the point of open source and Google is abusing it.

    4. Re:The google's way ? by bhcompy · · Score: 5, Insightful

      They're not selling it, they're just using it. No one bitches when Random Dude modifies code on his end for his own purposes, why does it matter if it's Random Corp instead?

    5. Re:The google's way ? by Hognoxious · · Score: 2

      Have you even read the GPL? The key word is distributing. Running it on your own machine does not constitute distribution.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    6. Re:The google's way ? by Dr_Barnowl · · Score: 4, Informative

      There's a license for that ; the Affero GPL, which has the same terms as the GPL but counts use of the software via a network to be the same as distribution. But you can expect all but the most hardened Free Software advocates to avoid that one like the plague.

    7. Re:The google's way ? by hawkinspeter · · Score: 1

      The point of open source is the freedom to modify and run software on your own computer. If you'd like to force Google to release any modifications that they make internally, then you're reducing their freedom to modify code.

      I wouldn't like to have to publish every single bash script modification that I make on my own machines and I don't think you should have to publish source code unless you're also distributing it.

      I agree that Google should "give back" to the community, but I also think they should be allowed to run whatever they like internally.

      Time for a car analogy: If I give a hitch-hiker a lift and then the hitch-hiker starts demanding to have a look at my car's engine and wants to check the car's history, I'm going to chuck him out.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    8. Re:The google's way ? by Serious+Sandwich · · Score: 1

      They are kind of selling it, but they just sell advertising. I don't get why selling advertising usually gets different, almost free pass on everything. And at the same time Slashdot users use AdBlock. It's the same in The Pirate Bay discussions, Google discussions and pretty much everything (not on TV and movies tho). It's still selling and making money.

    9. Re:The google's way ? by bhcompy · · Score: 3, Insightful

      No, they're not selling the program. They're using the program as a means to make money. There is nothing wrong with that.

    10. Re:The google's way ? by DurendalMac · · Score: 1

      The submitter also missed Marathon, which Bungie open sourced years ago.

    11. Re:The google's way ? by Anonymous Coward · · Score: 0

      Aaahh, a good /. thread isn't complete without some dodg(e)y car analogy ;)
      Perhaps we should coin a term for this, like godwin's law, but for bad car analogies.

    12. Re:The google's way ? by angel'o'sphere · · Score: 1

      Google gave Android to the community, or GWT or Guice ...

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    13. Re:The google's way ? by Jesus_C_of_Nazareth · · Score: 1

      Open source has many definitions, not all of which require modified code to be shared, let alone server-side code. Such a licence would be unworkable for many enterprise uses, as customization or even just configuration could be an unacceptable disclosure of internal data.

      --
      JC
    14. Re:The google's way ? by gutnor · · Score: 1

      We are slowly going back in an era where program running on your machine are just empty shells for processing that happens "on the cloud". For a while, it is likely that the only piece of open source running on your machine will be the OS and the browser. The totality of your data will be processed by closed source software.

      To reuse your analogy. Sure as a hitch-hicker you should not ask for the car history. Now if instead of cars, the majority of people start taking public transportations, then it becomes another issue and there is a case for the public to know about their transport history.

    15. Re:The google's way ? by hawkinspeter · · Score: 1

      I don't think your bus analogy is quite appropriate. Typically, people pay to travel on a bus and if you pay for a service, then you generally have the right to ask questions. Even if it's a "free" bus service provided by local government, then as a taxpayer, you'd still be paying for it and have the right to know more details about it.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    16. Re:The google's way ? by Lumpy · · Score: 2

      If you dont distribute the program you dont have to release code. They are playing by the rules.

      --
      Do not look at laser with remaining good eye.
    17. Re:The google's way ? by gl4ss · · Score: 1

      and that's why it's bollocks.
      how about renting use time for the said sw?

      so instead of being distributed a machine that runs linux to you.. you're just rented time to use it, while in possession of the device that happens to run it.

      --
      world was created 5 seconds before this post as it is.
    18. Re:The google's way ? by KiloByte · · Score: 4, Insightful

      Most hardened Free Software advocates consider Affero to be non-free. It introduces usage restrictions, which go against Freedom 0 ("the right to use the software for any purpose"). It also prevents most code reuse: you can't take a part and put it inside your program if it interacts with users in a way that doesn't provide means of file transfers.

      Sadly, RMS has brain farts sometimes. The GFDL, for example, with a literal reading prevents locking the door to a room you have your computer in: keys and door locks might be 14th century technology, but are still a technology. Or, you can attach an "Ode to Hitler" to the work and have it immutable and unremovable.

      Of course, erring the other way is wrong too. Some folks says it's good that clang is BSD-licensed. Wrong: that allows Apple to take your contributions and close the whole rest of the toolchain. I can't cross-compile for Mac, can't test build without being a Mac user, etc. With Windows there are no such problems: I run daily test builds for Windows from the comfort of my Debian box, can test any version of Windows in a virtual machine, etc. But on Mac? I have to beg someone to run a Mac build, and if there's a toolchain-related problem, there is nothing that can be done. Can't build stuff for OS X 10.4 because the compiler crashes (bug long fixed upstream...), can't build for PPC-based Mac, and so on. This is why freedoms ensured by the GPL are so important.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    19. Re:The google's way ? by Anonymous Coward · · Score: 0

      Then you distribute your software using the Affero General Public License.

      Storm in a teacup.

    20. Re:The google's way ? by hairyfeet · · Score: 5, Interesting

      Sigh, I just wish I had saved the emails from when I tried talking to some of these defunct game rights holders, because it would have been a perfect example of why we need shorter copyrights and a "use it or lose it"clause but frankly after spending nearly 6 months TRYING to deal with them frankly they just made me wanna puke.

      I probably better explain...anybody remember those old shareware discs we got during the days of Win3.x-Win98? You know, those ones filled with cheesy little games from all over the place? Well me and a buddy had the idea that because you can't play those anymore without major hoop jumping that is frankly beyond most, and that is if you can even find the games in the first place, that we'd cook up a nice little GUI frontend to DOSBox and sell flash sticks with these shareware games on them, just to let folks who never got to have that see what it was like and for old farts to have a trip down memory lane.

      Now we of course never expected to make any money off of that, any changes to DOSBox would of course been GPLed and the price we were gonna go for was a few bucks over cost plus shipping with the few bucks being split between the guys that had wrote the shareware titles. For us it was strictly a labor of love thing, both me and my friend had kids and we wanted to let them see what it was like when we were their age, so what happened?

      We quickly found out that even with games that hadn't been in print in 20+ years and that frankly never sold worth a shit in the first place (we're not talking Doom here folks, we are talking those cheesy knockoffs and platformers and puzzlers) that when we found the owners the amount of sheer fucking insane levels of greed was beyond nuts. There were several wanting 4 and 5 figures up front NOT for the code, NOT for even the complete game, but just for the right to use the original shareware! And many wanted the rights to OUR code on top! The sad part is we also found that we could just go the Chinamart route and say fuck the IP bullshit and get it done that way.

      In the end we just gave up, and likely that is what they'll have to do in TFA. With copyright law as it is your grandkids will be in the nursing home before these games are PD, if they EVER are, and the ones that end up with the rights act like every 5th rate game that was placed on a floppy or CD with a dozen other games should bring in the kind of revenue it would have if it was Ms Pacman. Good luck dealing with these greedy bastards friend, because they would rather not do a damned thing with it than settle for less than what a AAA game would go for, I swear its fucking insanity!

      --
      ACs don't waste your time replying, your posts are never seen by me.
    21. Re:The google's way ? by Shoe+Puppet · · Score: 1

      Most hardened Free Software advocates consider Affero to be non-free. It introduces usage restrictions, which go against Freedom 0 ("the right to use the software for any purpose").

      That depends on what you call the user: In a way, it's who runs the server that a cloud application runs on. But for me, the actual user is the person who actually uses the software.

      It also prevents most code reuse: you can't take a part and put it inside your program if it interacts with users in a way that doesn't provide means of file transfers.

      Does the AGPL require a way to download the source code from within the software? I would have assumed that presenting a notice like "This is AGPL software, the source is at http://example.com/foo-source" would be perfectly fine.

      --
      (+1, Disagree)
    22. Re:The google's way ? by datavirtue · · Score: 1

      WTF are you talking about? Have you ever read the GPL? Oh, no, OK. Why would you have to give someone else your modified code if it is kept within your own infrastructure? Making this a requirement of free software is laughable.

      --
      I object to power without constructive purpose. --Spock
    23. Re:The google's way ? by datavirtue · · Score: 1

      ....and that is why I've never heard of it.

      --
      I object to power without constructive purpose. --Spock
    24. Re:The google's way ? by Anonymous Coward · · Score: 0

      I wouldn't necessarily consider the software operator to be the user. When you operate the ATMs at your bank which happen to contain GPL software, will you have the right to access the code and run it on your own machines?

    25. Re:The google's way ? by Hognoxious · · Score: 0

      I am haveing one doubt about what u are meaning. Please to do the needful and revert.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    26. Re:The google's way ? by KiloByte · · Score: 1

      Affero

      That depends on what you call the user: In a way, it's who runs the server that a cloud application runs on. But for me, the actual user is the person who actually uses the software.

      In that particular installation, maybe. Yet the license restricts everyone who runs the software elsewhere, including taking a single function from the code base.

      Does the AGPL require a way to download the source code from within the software? I would have assumed that presenting a notice like "This is AGPL software, the source is at http://example.com/foo-source" would be perfectly fine.

      Which is not doable, or doable with a massive inconvenience, when the interaction is something else than a webpage. What about IRC bots? What about twitter utilities? What about RSS? What about a programmable light switch?

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    27. Re:The google's way ? by Artifakt · · Score: 1

      Time for a car analogy: If I give a hitch-hiker a lift and then the hitch-hiker starts demanding to have a look at my car's engine and wants to check the car's history, I'm going to chuck him out.

      That's OK as far as it goes, but what if you're a cab company and the other person in your car is a paying customer? Chucking him out stops being so automatic. What if the vehicle is more complex and failures are more catastropic, and the paying customer and many fellows create a Federal Avvaition Administration to check your commercial airplane regularly before you haul him around? Maybe you or I individually have no right to see Google's source code, but If Google's more like Northwest airlines than it is a single car driving down the road, there's an increasing need with increasing size and power and public risk for somebody legally representing us to be able to check that code.

      See, that's the trouble with analogies - they're never exact. I think mine is closer than yours, but it's not exact either.

      --
      Who is John Cabal?
    28. Re:The google's way ? by dontclapthrowmoney · · Score: 2

      How about Rule 34a: If it exists, there is dodgy car analogy porn about it?

    29. Re:The google's way ? by Shoe+Puppet · · Score: 1

      What about IRC bots?

      Put it in /msg bot help or similar.

      What about twitter utilities?

      Depending on what kind of twitter utility, either put the link in the bio or put it into the response to a help comman.

      What about RSS?

      XML comment.

      What about a programmable light switch?

      You don't have to offer the source code to anyone who physically uses the switch, AGPL only covers interactions via a computer network.

      One could argue that not all of these are really prominent, but then again, the GPL itself demands a prominent copyright notice. And even in the case of bash, the most prominent copyright notice is hidden behind the --version switch.

      --
      (+1, Disagree)
    30. Re:The google's way ? by pipatron · · Score: 1

      I would very much like the ability to inspect the software that claims to make sure that no on else gets my money but me.

      If this is a problem to the banks, then something might just not be as secure as they claim.

      That doesn't mean I'm claiming that GPL requires them to give me access to the software, but in an ideal world, I would have access to it, and I think that it would benefit the security of the transactions for both parts.

      --
      c++; /* this makes c bigger but returns the old value */
    31. Re:The google's way ? by KiloByte · · Score: 1

      What about twitter utilities?

      Depending on what kind of twitter utility, either put the link in the bio or put it into the response to a help comman.

      How do you put that in 140 character messages? (Sorry, I give Twitter the same respect as Facebook, so I'm not going to remove my blocks just to check newer features. Let's say we use a pure text messaging service, without extra out-of-band options. Like, say, something SMS-based.)

      What about RSS?

      XML comment.

      The AGPL requires a "prominent" offer, reading the source is certainly not one.

      What about a programmable light switch?

      You don't have to offer the source code to anyone who physically uses the switch, AGPL only covers interactions via a computer network.

      The switch in question is connected via network.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    32. Re:The google's way ? by whatthef*ck · · Score: 2

      We quickly found out that even with games that hadn't been in print in 20+ years and that frankly never sold worth a shit in the first place (we're not talking Doom here folks, we are talking those cheesy knockoffs and platformers and puzzlers) that when we found the owners the amount of sheer fucking insane levels of greed was beyond nuts. There were several wanting 4 and 5 figures up front NOT for the code, NOT for even the complete game, but just for the right to use the original shareware! And many wanted the rights to OUR code on top! The sad part is we also found that we could just go the Chinamart route and say fuck the IP bullshit and get it done that way.

      Sounds like they gave you guys the "go away and quit bothering me" price. I might do the same thing if someone contacted me out of the blue asking me to sign over rights to something for them to sell, with the assurance, of course, that they "never expected to make any money" off it.

    33. Re:The google's way ? by dave420 · · Score: 1

      Wow. You're digging for a problem.

    34. Re:The google's way ? by hairyfeet · · Score: 5, Interesting

      But you see we were asking for NO RIGHTS other than the right to put it on the stick, that's all. no IP rights, no right to even put our names on the stick other than whatever plug the DOSBox guys might have given us because that would have been there under creators instead. We offered to give them links to any product they wanted to sell, contact info, anything they wanted without asking to do anymore than those original CDs did back in the day, simply offer them up to people at a cheap price. hell we weren't even gonna ask for the rights to use any of their images in the artwork, instead letting them choose whether they wanted to put something from their game or a logo or not.

      so they went from getting an equal cut of every cent over the cost to...nothing. absolutely fucking nothing. Not a SINGLE ONE of the games we were looking at had been in print or sold anywhere for ANY price since the days of Win95, in fact we had gone out of our way to buy up old as the hills shareware discs to purposely find the weird quirky crap you'd find on the discs back then. And I'd remind you that the whole point of those original shareware discs was to sell a taste of a game and link back to the owner with contact info so they could sell you the complete game, not to get the same price as the next Gears Of War, yet that was EXACTLY what these companies wanted. To put just 5 games on the stick we would have had to sell each stick for more than D3, do you HONESTLY think anybody is gonna pay diablo 3 money for a game running in DOSBox that hasn't been touched in 20-25 years?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    35. Re:The google's way ? by hobarrera · · Score: 1

      They may not be selling it, but they are profiting from it.

    36. Re:The google's way ? by Anonymous Coward · · Score: 0

      OS X 10.4 on PPC is slow and laggy compared to a modern Debian install on the same hardware. I have a 700MHz G4 iMac, and except for the woefully underpowered GPU it's still great as a basic fuck-around machine.

    37. Re:The google's way ? by Anonymous Coward · · Score: 0

      Probably because back in the day, those old shareware games were "pay or donate if you like it" type things...only no one ever paid or donated. I'd be bitter about that too. If your software was popular enough to keep proliferating on public domain giveaways, someone must have liked it.

    38. Re:The google's way ? by Anonymous Coward · · Score: 0

      You wanted to package up someone's work and sell it. Doesn't matter how much you want to sell it for, your motivation, what you GPL, anything. They're going to rightfully want money. It's pretty pompous of you to fault them.

      Maybe you should sell "mix CDs". It's okay as long as the music is old, unpopular, and you give attribution to the artist, right?

      Go fuck off.

    39. Re:The google's way ? by Anonymous Coward · · Score: 0

      I don't believe you read the post. The shareware holders were going to get an equal share of the profits, just no upfront money.

    40. Re:The google's way ? by lister+king+of+smeg · · Score: 1

      the gpl does not say anything about making profit it only deals with distribution. if this is a problem for you license your code under the agpl it deals with server side code distribution.

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    41. Re:The google's way ? by sir-gold · · Score: 1

      He wanted to re-package the SHAREWARE version, not the full version. You are old enough to know what SHAREWARE is right?

    42. Re:The google's way ? by sir-gold · · Score: 1

      You should have just produced the item. The shareware authors have no standing to sue, because the original shareware titles included a sharing license. (license.txt)

      I suspect that if they were demanding that amount of money, there was a misunderstanding about which version of the games you were wanting to release (as in, they thought you wanted to release the full version).

    43. Re:The google's way ? by Anonymous Coward · · Score: 0

      They did that because they knew Microsoft would fsck their legacy. You know, XBox players can't take the vidmaster oath.

    44. Re:The google's way ? by kimvette · · Score: 1

      That's not the point, is it? Of course you shouldn't modify code on someone else's server, but you should still have access to the source code.

      Not at all.

      The point is, if you buy software, you should be able to maintain it and fix bugs in the event that the vendor doesn't care to. That was RMS's whole point with the original GPL. The goal is maintainability of an installed system, not to give casual users access (who never need to install, upgrade, etc. the code, e.g., website users, kiosk users, end users working at a desk, etc.) to the code.

      He has since gone insane with GPLv3, but that's neither here nor there.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    45. Re:The google's way ? by sjames · · Score: 1

      As long as they're not distributing it, that's their right according to the license. Developers who don't want that offer different license terms.

    46. Re:The google's way ? by Reapman · · Score: 1

      I'd mod you interesting if I could - sounds quite heart breaking. In a way I'm a bit suprised, a lot of those guys making games back then did it out of love. Sure you had greedy bastards too, but I can't believe you didn't find any, or enough, of the guys that don't really care anymore to not go ahead with what your saying.

      The GP may be on to something - the go away price. Some of these guys may have frankly not understood, or cared enough to read enough to understand, what you were asking.

      I'd have definitely paid some (like you said, not D3) money for something like this. Tis a pity.

    47. Re:The google's way ? by hairyfeet · · Score: 2

      Thanks friend, i'm surprised how many seem to keep ignoring that, but that was the ENTIRE POINT, to recreate the days of shareware and just like the days of shareware we would have had links going back to the parent companies for the full games. hell we even offered to donate our time to get their full game up and running in DOSBox so they could have it pre-packaged and ready to sell on their website for whatever price they chose, it would have been practically free money for them. they would have not only gotten a cut of every Shareware Stick we sold, they would have had the FULL SALES of any complete copies they sold, without us getting a red cent of those.

      Hell we figured the MAX we would get is 25c a stick which would have been used to buy more shareware discs and contact more companies. We had hopes of making genre sticks, best of shware puzzlers, platformers, megasticks with dozens or hundreds of games like the big Win95 CDs, and frankly we wouldn't have been making jack shit it was ALL gonna be going to the companies that made the games, we just wanted to make it easy for folks to play them again.

      In the end it just shows what uncontrolled greed leaves you with, nothing but worthless IP. Most of the game designers were long gone, the companies bought up ages ago and passing through a dozen hands until it ended up with some PHB who looked at every old piece of code like it was Donkey kong, damned shame that we couldn't have shared our childhood with everyone else by letting them see what shareware was like, but that's greed for ya.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    48. Re:The google's way ? by Anonymous Coward · · Score: 0

      and that's why it's bollocks.
      how about renting use time for the said sw?

      so instead of being distributed a machine that runs linux to you.. you're just rented time to use it, while in possession of the device that happens to run it.

      The difference between renting and buying does not change the state of distribution.
      Do not try to 'hack' the law, judges don't like that.

    49. Re:The google's way ? by hairyfeet · · Score: 2

      I wish that were so friend, but according to a lawyer that is an old friend of my buddy who was gonna do it with me frankly it didn't matter what kind of rights were on the original CDs as they could just bury us in motions and break us, we just didn't have the kind of money to afford standing up to lawsuits. And we made it VERY clear we didn't desire ANY rights to the games themselves, nor were we asking permission to distribute the full versions, we even offered to help work for free on a DOSBox version of the full game they could sell on their website which we would have happily linked to.

      No friend I wish I could chalk it up to something else but in the end it was simply PHB greed that made sure your kids can't pick up a Shareware Stick and got to try all those quirky shareware titles and even buy the full versions from the rights holders, which we had planned to provide full links to and made it clear that "If you liked the shareware version you should try the full game!" but these companies were bought up long ago by vultures at firesale prices when the bottom fell out of the shareware market and now they would rather just sit on the IP than allow even the original shareware titles to be distributed without giving them a check for probably more than they paid for the entire company.

      But if you were to try distributing new copies of those old discs according to our lawyer friend you WILL be sued, and no matter what the license.txt says you will still have to pay for a couple of years worth of lawyer's fee and court motions, we just couldn't afford that. Just one more nice thing we can't have due to insane copyright laws.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    50. Re:The google's way ? by Anonymous Coward · · Score: 0

      I wonder if Moraff was one of them.

    51. Re:The google's way ? by Anonymous Coward · · Score: 0

      Blame Charles Cecil and Revolution for monetizing their old games on mobile and handhelds, proving that people will actually pay real money for old crap. He famously said he now makes more per unit than he ever did in the old days of full price PC software.

    52. Re:The google's way ? by hairyfeet · · Score: 1

      Sadly friend i can tell you why it is so, its because like most IP crap nowadays the artists don't own the IP anymore with the vast majority of those old gaming houses going under during the dotbomb and getting bought up by vultures at fire sale prices. Frankly i wouldn't doubt the prices we were quoted were a good 25%-30% more than they paid for the ENTIRE COMPANY and it was obvious talking to these vultures if we couldn't give them iMoney for a title we could fuck off and die.

      And I agree its a damned shame, as I said we didn't give a shit about trying to get rich or even making any money off of it, we just had kids that grew up after the days of shareware and wanted ours and other kids to be able to experience the fun we had, all those weird and quirky piles of games just as we experienced them then. it would have made it so you could just plug the stick into any PC or laptop and run them anytime, even saved if the original shareware title allowed saves. And we hoped that we could then provide links to the full titles at the websites of the current owners so we could get these old games saved from the abandonware piles, but alas greed destroys all. yet another reason why we can't have nice things thanks to shitty IP laws.

      --
      ACs don't waste your time replying, your posts are never seen by me.
  2. Become Rich by ilikenwf · · Score: 4, Informative

    Buy the rights, and then release it... Honestly, looking back, very few instances of these things happening have been the case...I mean, there are the cool companies that sometimes do it like the rare instances mentioned, and there's other companies that roll them out after their initial profitability has died (Quake, etc).

    That said, short of buying the rights to the source, I doubt you'll get very far even with a petition. Look at us Linux users asking nVidia to fix the problems or opensource the blob...

    1. Re:Become Rich by wvmarle · · Score: 4, Insightful

      And even "buying the rights to the source" may be easier said than done: it only works if the complete source is copyrighted by that company.

      It is very well possible that they use bits and pieces of software written by others, for which they do not have the right to redistribute the source, but only the binary linked to their own software. This I have seen before as argument why a source could not be released, or if released, only incomplete and would not compile.

    2. Re:Become Rich by TheRaven64 · · Score: 1

      It was the case with a few games that were open sourced, but that doesn't always matter. I think WarZone was an example, Homeworld definitely was (although not a very successful one). In a lot of cases, the sound library is licensed form a third party and can't be released, but the game can be released with stubs for the sound code and someone else can later add it. The same often happens for cutscene playback, where they licensed a codec for use with the game (more common with older games where the host OS didn't ship anything that was good enough for large cutscenes).

      --
      I am TheRaven on Soylent News
    3. Re:Become Rich by jellomizer · · Score: 5, Informative

      Releasing a previously closed source project to open source is much harder then people realize.

      1. You have to deal with many copyright owners. If you look at some titles you may see mutable companies connected to it. Some of these companies have been closed or acquired however there is someone who still own some copyright. You need to get all those parties to agree.

      2. You might open source it. But it probably can't be GPL. Sometimes you will find that they used third party libraries. That are closed source and those companies are active in the developments libraries. Assuming these library owners allow you to release the source with there reference in them.

      3. Companies will sometimes hold onto the title to make a remake/reboot/sequel later. Or they will sell a package cd of all the games. So they will not want to open the game up.

      In general even if you own rights to the source you may not be as free as you thought.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    4. Re:Become Rich by Anonymous Coward · · Score: 0

      Honestly, when it comes to old commercial software the reality is that the source frequently doesn't exist or can't be found. Occasionally it will just show up randomly like happened with Prince of Persia, but usually the code is deleted when the company stops releasing patches. It's stupid, it's short sighted, but there you go. The games industry is probably the worst of the bunch in that regards.

    5. Re:Become Rich by pipatron · · Score: 2

      3. Companies will sometimes hold onto the title to make a remake/reboot/sequel later. Or they will sell a package cd of all the games. So they will not want to open the game up.

      I think this is one of the things they are the most afraid of, and the most ridiculous thing to be afraid of. Take for example the case of Diablo III. Wouldn't it have been seriously cool if they had released the source code to Diablo I just before the release of Diablo III? It would be all over every geek blog and new site, and it wouldn't hurt a bit.

      It's stupid to think that someone wouldn't buy Diablo I in a collectors box just because they have shown how it was made. And they still have whatever rights to the trademark as they did before. I just can't see any problem here.

      We're talking about old games here. Games where it would be insane to think that you would take even one line of the source code to base a sequel on.

      --
      c++; /* this makes c bigger but returns the old value */
    6. Re:Become Rich by ProzacPatient · · Score: 1

      I had this happen to me. I emailed Paradox Software asking them to release the source code to Supreme Ruler 2020 under the GPL or whatever license they see fit because the game has a mountain of potential the community would like to improve upon.
      The response I got was that although they'd be delighted to consider releasing the source code in their mind it was not an option because the code base includes third party code only they have a license to (they sighted MILES Sound System as one).

  3. ID by Anonymous Coward · · Score: 4, Informative

    ID Open sources most of their stuff after a few years. Further than that, John Carmack goes through to add comments, clean up code, and in the case of a feature that was settled after a patent dispute with someone else, re-implemented the offending bit of code prior to release. (Seem Doom 3 engine)

    Cheers
    Kactus

    1. Re:ID by Anonymous Coward · · Score: 5, Insightful

      Yes, but they develop everything in-house. Once you start contracting for the engine, art, sound, etc., it becomes more difficult.

      And what company wants to release code today in our litigious environment. Patent trolls would have a field day. It is safer for most companies to keep their code locked up than to allow these patent trolls to freely search and find 6 lines of code that they think violates a patent.

    2. Re:ID by Anonymous Coward · · Score: 0

      It is safer for most companies to keep their code locked up than to allow these patent trolls to freely search and find 6 lines of code that they think violates a patent.

      Safer, sure. But if they're sued by a troll and tell the press sales would skyrocket.

    3. Re:ID by Eraesr · · Score: 3, Informative

      And what company wants to release code today in our litigious environment

      The Doom 3 engine source code was released in November last year and John Carmack has already said that when the time is ripe, he'd do the same with id Tech 5 (the engine that powers Rage). So there's still (high profile) people that believe in it.

    4. Re:ID by Bert64 · · Score: 1

      Well, you could always contract an engine from a company that agrees to open source it after a time... ID for example.

      Open sourcing can even extend the profitability of a game... The original quake for dos would be pretty much abandonware by now, running only in dosbox... But because it got open sourced, there are modern versions which run on modern hardware but you still need the original data files to play it. Obviously you could pirate them, but many people wouldn't because not only is it cheap at least ID aren't treating their paying customers with contempt.

      And patent trolls can easily look for infringement in binaries... Going after open source code isn't worth the effort most of the time because the payout would be small.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:ID by Anonymous Coward · · Score: 0

      The payoff would be small for a company like id. For a company like EA or Microsoft, where the code of an engine is used in several blockbuster games and perfected over time, the payoff could be massive. Consider what a patent troll could make from a lawsuit against the Madden NFL series for some predictive algorithm used to manage a football play. They could sue for every Madden game that used the algorithm and even ones that perfected it further. Dropping the 10 year old source code would allow them to sue against the product being shipped today.

    6. Re:ID by cheesybagel · · Score: 1

      There are more open sourced games which are less well known like Seven Kingdoms, Buzz Aldrin's Race into Space.

    7. Re:ID by polymeris · · Score: 1

      ...John Carmack goes through to add comments, clean up code, ...

      That should be part of the deal. Or maybe it's a reason why we don't see more open sourced commercial software?

    8. Re:ID by Lumpy · · Score: 1

      Not if the person contracting it has a brain.

      Contract out the Graphics, the contract states you own all assets code and copyright 100%. My company does that all the time. any company making a game or application that they are going to sell is ran by fools if they dont do the same.

      --
      Do not look at laser with remaining good eye.
    9. Re:ID by Anonymous Coward · · Score: 0

      bullshit. a little indie game company can't afford to buy ownership of something like the unreal engine, any more than they can afford to develop it in house.

    10. Re:ID by Anonymous Coward · · Score: 0

      Exclusivity is expensive. How many dozens of games have used the various Idtech engines over the years? Or how about the Unreal engines or Gamebro while we're at it. Unless you're paying for something to be custom coded for you, which is frequently not cost effective, you're not even going to have the chance to get exclusivity. If you're lucky, they'll let you have access to the source, but not necessarily in all cases.

    11. Re:ID by Anonymous Coward · · Score: 0

      Never mind the lack of comments, whoever wrote that doesn't get the notion of abstraction. That looks like the kind of code someone would write with zero programming experience.

    12. Re:ID by Anonymous Coward · · Score: 0

      Just make sure the code is 20 years old, then it can't possibly violate a patent that it didn't predate.

    13. Re:ID by Lumpy · · Score: 1

      Then dont BUY the unreal engine. there are a shotloads of engines you can have for free or cheap. What moron would base on the Unreal engine when you can use the Quake3 engine for free and that is the same.

      --
      Do not look at laser with remaining good eye.
  4. simple.... by metalmaster · · Score: 1, Funny

    reverse engineer it, change a few lines of the code, call it your own and release.....it's worked before, right?

  5. The Ur-Quan Masters by tonique · · Score: 4, Informative

    One further example is Star Control II whose source code was released by the developers. The result is known today as The Ur-Quan Masters. And, of course, Wikipedia has a whole category for formerly proprietary software...

    1. Re:The Ur-Quan Masters by Anonymous Coward · · Score: 4, Informative

      I seem to be missing one of the most famous examples in that wikipedia article. Famously, Netscape open sourced their formerly closed-source browser, because it made business sense: It permitted them to stay competitive in the marketplace.

    2. Re:The Ur-Quan Masters by Anonymous Coward · · Score: 0

      > It permitted them to stay competitive in the marketplace

      Competitive, in the sense that almost every product or service having to do with Netscape, AOL, or Firefox has either been killed off or lingers on in chronic decline?

    3. Re:The Ur-Quan Masters by Anonymous Coward · · Score: 0

      um... not to point out the obvious, but did it really permit them to? I think not. That might not be an inspiring example.

    4. Re:The Ur-Quan Masters by MrSavage · · Score: 1

      I would like to thank Paul Reiche and the Ford brothers as well as Pumpkin Studios for being so enlightened as to release old code to the masses. I tested Warzone for Crystal Dynamics (PC port) and even made Paul Rieche's development PC for him back in '98 or so when I was on the IT team for CrystalD. The attitude of developers is for people to have fun with their games. If they could get paid and still give their games away for free, I would imagine most of them doing so. This isn't to say that they don't want to make money, just that they want people to enjoy their games more than they enjoy making money. Once you get marketing teams and publishers involved, things get messy and greedy. Unfortunately, they are a necessity right now although things are changing with independent developers not needing a box, cd, printed manuals, shelf space in a game store to sell their product (i.e. Steam, Gog.com). I foresee a future where developers won't need a big publisher in order to sell their game. BTW, I still play Ur-Quan Masters and Warzone 2100. They are both still fun to play.

    5. Re:The Ur-Quan Masters by Anonymous Coward · · Score: 0

      Netscape never open-sourced all of Communicator v4; they did release source but it was not buildable.

      Mozilla, which was became Netscape 6+ and Firefox, was a ground-up rewrite.

  6. Abuse by Xanni · · Score: 1, Informative
    --
    http://www.glasswings.com/
    1. Re:Abuse by Xanni · · Score: 1

      Yes, I realise that's another case where the developer decided to open the code themselves; unfortunately /. doesn't allow me to delete or moderate my own post down.

      --
      http://www.glasswings.com/
    2. Re:Abuse by CRC'99 · · Score: 1

      One game I would love to see hit an Open Source license is Theme Hospital.

      The game is great by itself (I just finished playing it again!) although there are many bugs and things that could really be improved upon.

      There are attempts at an open source version - but having the original code would be orders of magnitude better...

      --
      Sendmail is like emacs: A nice operating system, but missing an editor and a MTA.
  7. the Triplane Turmoil case by lindi · · Score: 5, Interesting

    I liked Triplane Turmoil, and old shareware DOS game, a lot. When I met the original developers by accident I offered to help port the game to SDL and managed to convince them to release it as open source: http://triplane.sf.net/

    1. Re:the Triplane Turmoil case by Anonymous Coward · · Score: 0

      I liked Triplane Turmoil, and old shareware DOS game, a lot. When I met the original developers by accident I offered to help port the game to SDL and managed to convince them to release it as open source: http://triplane.sf.net/

      Hey, good job! Thanks for helping this to happen.

    2. Re:the Triplane Turmoil case by Anonymous Coward · · Score: 2, Informative

      Looks like a clone of the classic Sopwith game from 1984,
      http://en.wikipedia.org/wiki/Sopwith_(video_game)

      now Free with GPL-goodness!
      http://sdl-sopwith.sourceforge.net/

      apt-get install sopwith (although the original .exe(.com) version run in DOSBox is still more mature)

    3. Re:the Triplane Turmoil case by guises · · Score: 1

      I remember that game (or something very much like it on the Apple II), never got to play it as much as I liked. Thanks for the port, and convincing the original devs.

    4. Re:the Triplane Turmoil case by Anonymous Coward · · Score: 0

      Awesome, I loved sopwith and this looks like the same sort of thing :)

    5. Re:the Triplane Turmoil case by Anonymous Coward · · Score: 0

      get the real thing,
            http://sdl-sopwith.sourceforge.net/

      apt-get install sopwith

    6. Re:the Triplane Turmoil case by lindi · · Score: 1

      I have played both and I kind of like triplane physics more. Also the game has a story :)

    7. Re:the Triplane Turmoil case by tjt2 · · Score: 4, Interesting

      As one of the original developers, I would like to point out that it was always clear that the game would eventually be released as open source. The only question was to find time to port it, so it would not be dependent on closed or unavailable libraries.

      I would also like to thank for the port.

  8. id Software by Sven+Jacobs · · Score: 1

    id Software has open sourced many of their games, for example DOOM 3 (see GitHub). However you still need the game data (wad, pk3, pk4, ... files) from the original media.

  9. Allegiance by Areyoukiddingme · · Score: 4, Informative

    I can't answer the question either, but yet another game that has been open sourced that's missing from the Wikipedia list is Allegiance. http://www.freeallegiance.org/
    The game was originally published by none other than Microsoft. Shocking, I know, but way back in prehistory (1999), Microsoft actually released some complete open source software. A game.

    I'll pause while our older members grab their portable defibrillators....

    Yes, Allegiance is open source and has enjoyed ongoing software development as well as a community-contributed texture "face-lift" to improve the look of the game. It has not made its way onto Linux because it was originally implemented with Microsoft's orphaned DirectPlay, and no one has been interested in replacing the entire network implementation. Its anti-cheat system, which was community-developed, is also dependent on Microsoft libraries unavailable on Linux. (Though possibly Mono has advanced far enough that's no longer true. Regardless, it's anti-cheat geared for Windows, so it's not especially portable.)

    For those interested, it's an arcade-style space combat game (think Wing Commander, or the original X-Wing and Tie Fighter games) where two teams fight to control the arena. The added wrinkle is the addition of RTS elements, including a single human commander for each side who plays in RTS mode. Yes, it's that holy grail of games, an RTS/FPS hybrid. As it turns out, RTS/FPS is a hard game to learn and a hard game to play, so it has never enjoyed great popularity (contrary to the popular opinion of a million vocal wannabe game-designers on the forums of the Internet).

    As with most small, insular Internet communities, the players tend to be snobbish and stand-offish to newcomers. Goes with the territory.

    1. Re:Allegiance by Anonymous Coward · · Score: 0

      Freespace, Descent, Doom and Quake also released their source.

      Freespace 2 scp - source, forums, enhancements, etc.

      http://scp.indiegames.us/

      Descent rebirth

      http://www.dxx-rebirth.com/

      D2X-XL (descent /w updated models and enhanced textures and graphics)

      http://www.Descent2.de

    2. Re:Allegiance by gl4ss · · Score: 1

      I thought donkey.bas was open source too.

      --
      world was created 5 seconds before this post as it is.
    3. Re:Allegiance by Anonymous Coward · · Score: 0

      I thought it was gorilla.bas and snakes.bas.

    4. Re:Allegiance by Anguirel · · Score: 1

      Not the only Microsoft Games Open(-ish) Source release: Mech Commander 2 also got that treatment.

      --
      ~Anguirel (lit. Living Star-Iron)
      QA: The art of telling someone that their baby is ugly without getting punched.
    5. Re:Allegiance by rk · · Score: 1

      On the RTS/FPS note, did you ever see Battlezone? It was a really terrific game that incorporated both RTS and FPS play simultaneously. It was a lot of fun, and had a great retro story line, too. I will check this game out, but you imply that you either play RTS or FPS mode. I liked Battlezone because you did both at the same time.

    6. Re:Allegiance by MBraynard · · Score: 1

      I was a big fan of that game and wrote a review on it for a now defunct magazine. A friend of mine was on the development team. If you want to, I can ask him about it.

    7. Re:Allegiance by MBraynard · · Score: 1
      I _loved_ that game. I was in the beta because I was a zine reviewer at the time and also enjoyed playing it a lot after release.

      I think part of the reason it failed was because MSFT launched it using a monthly fee on top of the $50 initial purchase cost. Nuts, eh?

      Anyway, I'll check out the game as it is now; it might be a good excuse to buy a new joystick.

  10. Value to the company by humanrev · · Score: 4, Interesting

    A software company might (and I emphasize MIGHT) be willing to open-source some old commercial software they own if it can be shown to be of benefit to them. Simply doing it for philanthropic purposes is unlikely to sway most companies, but if, say, a newer and better version of their software is coming out and the old, discontinued version people are asking for is of no threat to their profit margins, then that might be enough of a motivation as it would increase publicity, improve the image of the company (good PR is always helpful), and all the side benefits as well.

    John Carmack open-sources all the engines he writes for iD software after a while, once the engine is no longer deemed commercially viable. It's unlike anyone will use the Doom 3 engine (technically id Tech 4) for example in a commercial game as it's been superseded by modern engines, and virtually no-one plays Doom 3 online so the threat from exploits is redundant. This is a great idea since it means projects such as iodoom 3 can be born to improve the engine and allow hobbyist developers to use it in their own games. I wish Valve would open source the original Goldsource engine used for their Half-Life 1 based games, but that will never happen as long as Counter-Strike is still actively played.

    --
    Most people on Slashdot are fucking idiots.
    1. Re:Value to the company by TheRaven64 · · Score: 2

      Mod up. If you want a company to, effectively, give away an asset then you need to give them a reason to do so. This typically means either offering them money (which can be counterproductive, as it may make them think that the software is worth more than it is) or persuading them that the goodwill is worth more than sitting on some copyrights for a thing that they're no longer distributing.

      The iD case is a bit more interesting, because they make most of their money from selling commercial licenses. Their business model with regard to the open source engines is similar to MySQL AB (before the Sun purchase). You can create non-commercial games with the open source version, but if you want to sell it you buy a proprietary license. More importantly, you can create games for fun with the GPL'd version, and then when a company wants to hire developers to write the next FPS they have a large pool of potential candidates with experience using an iD engine, rather than one of their competitors. Using a license as restrictive as the GPL means that most potential iD customers won't consider using the open sourced version - or any derivatives - instead of the proprietary one.

      --
      I am TheRaven on Soylent News
    2. Re:Value to the company by Waccoon · · Score: 1

      A recent example of this is Death Rally. While the game wasn't actually open-sourced, someone did offer to make a native Windows port of the title, and Remedy Entertainment gave the port the green flag. The ported game was then released as freeware. It was very well-received.

      A couple years later, an all-new Death Rally became available as an iPhone/Android game, which was also well-received.

      I believe the reason the game wasn't open-sourced is because they were using a proprietary video player for the movies, and some other code was only available as binaries.

    3. Re:Value to the company by Narishma · · Score: 1

      It's unlike anyone will use the Doom 3 engine (technically id Tech 4) for example in a commercial game as it's been superseded by modern engines

      If somebody wants to make a commercial game with id Tech 4 (or the previous ones) they will still have to license it from id Software, unless they're happy releasing the game under the GPL.

      --
      Mada mada dane.
    4. Re:Value to the company by h4rr4r · · Score: 1

      Why would that be a problem?

      The game engine can be GPL and actual interesting parts the art and scripts can be under some other license. This is the same boat DOOM1-3 are in now.

    5. Re:Value to the company by gman003 · · Score: 1

      I wish Valve would open source the original Goldsource engine used for their Half-Life 1 based games, but that will never happen as long as Counter-Strike is still actively played.

      They can't even if they wanted to - GoldSrc is based off the Quake II engine, and apparently their license does not allow them to release it (despite the fact that the Q2 engine itself is now GPL). Although this is second- or third-hand info, here. If you want the full story, just email Gabe.

    6. Re:Value to the company by cdrguru · · Score: 1

      Something to think about is the idea of the old, obsolete open sourced version being updated and turning into a stronger competitor for newer stuff coming out.

      I have seen this happen in a strange way and under circumstances that are better left long dead but the nightmare that everyone in the software business can relate to is something old sneaking out the back door and being recognized as being really interesting - and stealing sales from newer and possibly lamer stuff coming out. It is very difficult to compete with free on these terms, so if free stuff is at all interesting it will displace newer pay-for items.

      This is something that anyone in a real software business - you know, employees, insurance, rent, payroll, all of those things - is going to be aware of. If you can pitch an open-source deal in a way that eliminates this threat, great. Otherwise? Otherwise it is going to take some real courage on the part of the original developer to release the source to something that could turn and bite new business.

      Obviously, if the original development company was one guy who is now retired and has no new business this isn't a factor.

      But what do you think would happen if a old version of Quicken got released as open source? I'll bet it is something some guys at Intuit worry at least a little bit about.

    7. Re:Value to the company by Anonymous Coward · · Score: 0

      The iD case is a bit more interesting, because they make most of their money from selling commercial licenses. Their business model with regard to the open source engines is similar to MySQL AB (before the Sun purchase). You can create non-commercial games with the open source version, but if you want to sell it you buy a proprietary license.

      You can sell a game based on GPL code, as long as you give the source away. The trick is to keep copyright on the graphics/music/dialog.

  11. OS/2 Lesson: Legal & Copyright hassles by PolygamousRanchKid+ · · Score: 4, Insightful

    A lot of folks wanted IBM to open source OS/2 after its sunset. One of the stated reasons why they didn't open source it, was because parts were jointly developed with Microsoft and others, who had joint copyrights. There would have been too many legal and copyright hassles necessary to get open sourcing done. Device Drivers were especially a big problem.

    This could be true with a lot of other dormant software. Maybe nobody really knows what potential copyright issues are involved, and nobody wants to take on the liability by open sourcing it themselves, because it might cause litigation grief later.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:OS/2 Lesson: Legal & Copyright hassles by Anonymous Coward · · Score: 0

      More reason to limit copyright lifetimes to sane values (like say a decade or two) rather than their current ridiculous lengths.

    2. Re:OS/2 Lesson: Legal & Copyright hassles by Richard_at_work · · Score: 2

      The problem with OS/2 is that it's still making money for IBM - Serenity Systems bought a source license (with royalties) and continues ecelopment of an OS/2 based operating system called eComStation, which is still actively developed. It's far from dormant software.

    3. Re:OS/2 Lesson: Legal & Copyright hassles by ThatsMyNick · · Score: 2

      This is about licensing agreements between IBM and Microsoft (other third parties), unless they made their licensing terms dependent on copyright lifetimes, it has nothing do with copyright terms. This is contract law, not copyright law.

    4. Re:OS/2 Lesson: Legal & Copyright hassles by wvmarle · · Score: 2

      Transfer rights in full to a separate company: a shell company set up just to hold those rights. Say all the rights IBM has in it they transfer to this "OS/2 source holding ltd" company.

      Have the OS/2 source holding ltd. release the whole thing - put it on ftp and let the world back it up.

      Close that company.

      Now who you gonna sue?

    5. Re:OS/2 Lesson: Legal & Copyright hassles by ThatsMyNick · · Score: 1

      IBM. The judge will gladly pierce the Corporate veil, if you are so blatant about it.

    6. Re:OS/2 Lesson: Legal & Copyright hassles by unixisc · · Score: 1

      Agreed, but if the copyright on something has expired, then companies should be free to open up something like that to the world. For instance, in this case, let's say IBM chose to open up OS/2 Warp. They could get an agreement w/ Microsoft and all surviving companies to be okay w/ releasing it under any agreeable license. Same for device drivers. However, if the device drivers concerned are of certain discontinued products, feel free to publish them, given that they are not otherwise actively supported.

      On a different note, UnXiS ought to release Unixware and SCO ODT under GPL3 - after getting Veritas/Symantec to agree to doing that w/ an old version of VjFS. If Symantec disagrees, replace VjFS w/ something like btrfs or something like it.

    7. Re:OS/2 Lesson: Legal & Copyright hassles by ThatsMyNick · · Score: 1

      I am not sure I see the relation with Copyright terms. As far as I understand, the copyright on the released binaries would expire earlier if copyright terms are shortened. Even then you might not be able to use the software due to Terms of Service restrictions.
       
      The source code was never released (it was never published). There is no copyright on unpublished works, and hence there is no expiry of copyright.

    8. Re:OS/2 Lesson: Legal & Copyright hassles by Kjella · · Score: 2

      Agreed, but if the copyright on something has expired, then companies should be free to open up something like that to the world.

      Why? A contract may very well stipulate conditions that go beyond the copyright term. "Should be" != "is"

      For instance, in this case, let's say IBM chose to open up OS/2 Warp. They could get an agreement w/ Microsoft and all surviving companies to be okay w/ releasing it under any agreeable license. Same for device drivers.

      If you need an agreement they could try it today, it'd still be a helluva lot of work to track everyone down and many would either refuse or make outrageous demands.

      However, if the device drivers concerned are of certain discontinued products, feel free to publish them, given that they are not otherwise actively supported.

      So you're the law now, since you can tell them to "feel free"? Are you going to indemnify them when some liquidation company somewhere finds they have some IP rights lying around collecting dust that they can sue for? The risk of even one lawsuit of "up to $150,000" plus lawyer time is enough to scare away any interest in the project.

      --
      Live today, because you never know what tomorrow brings
    9. Re:OS/2 Lesson: Legal & Copyright hassles by f3rret · · Score: 1

      More reason to limit copyright lifetimes to sane values (like say a decade or two) rather than their current ridiculous lengths.

      You realize that source code does not magically become available just because the copyright on it expires, right?

      I mean just because a hypothetical company looses their hypothetical copyrights on their hypothetical software does not guarantee that they will release their hypothetical source code.

      --
      Admit nothing. Deny Everything. Make Counter-accusations.
    10. Re:OS/2 Lesson: Legal & Copyright hassles by tomtomtom · · Score: 1

      No need for anything as unusual as piercing the corporate veil (where judgment is found against the subsidiary and then IBM made liable for its subsidiary's debt in its capacity as a shareholder). IBM could simply be sued for inducing a breach of contract by its subsidiary (or even a third-party Company).

      I think the more interesting question is - what damages could realistically be claimed to be suffered as a result? If there are no actual damages, then there is likely to be nothing to sue for, even if it is technically a breach of contract.

    11. Re:OS/2 Lesson: Legal & Copyright hassles by PhilHibbs · · Score: 1

      This is the same problem that I had when I wanted to release a BASIC interpreter that my dad and I wrote when I was a teenager. We licenced the floating point code from Zortech, and they wanted $10,000 for a licence to distribute that source. I could have just deleted that file and distributed it incomplete in the hope that someone would take up the challenge of filling in the hole, but it seemed unlikely. It was a pretty good BASIC interpreter (based on the Acorn BBC BASIC dialect), but those things are kind of out of fashion nowadays, and it was all DOS and no Windows functionality at all.

    12. Re:OS/2 Lesson: Legal & Copyright hassles by PhilHibbs · · Score: 1

      Copyright applies even when something has not been distributed, and it expires (or, actually, doesn't because it keeps getting extended) just the same.

    13. Re:OS/2 Lesson: Legal & Copyright hassles by bws111 · · Score: 1

      Be serious. Why would IBM (or any sane company) go through all that trouble just to breach a contract, when said breach gains them nothing at all?

      Did you ever hear of the SCO vs IBM case? Did you notice how hard IBM fought that? Did you think they spent all that money just to support Linux and FOSS? No, they spent all that money because they were protecting their name and reputation against some very serious charges (breach of contract and copyright infringement). They are not about to go do some stupid scheme just to commit those very same offenses.

    14. Re:OS/2 Lesson: Legal & Copyright hassles by cdrguru · · Score: 1

      Oh, I think someone would find some damages. And the lawyers would flock to it.

      It is true that if there was no money in it the case would go nowhere. But, I suspect it isn't that difficult to find a lawsuit that was decided in favor of the plantiff where a company did something like this - blatent and obvious with the idea that they would be immune to being sued. My guess is that if you suggested such a scheme to a lawyer they would be able to find the case in 30 minutes or know it from law school.

      People that don't understand that about 30% of civil tort law is based on common sense and "technicalities" simply don't exist shouldn't step outside without talking to a real lawyer. Sadly, case law books are filled with examples of people that think they can get away with something without penalties by trying to skate around what they understand the law to be.

    15. Re:OS/2 Lesson: Legal & Copyright hassles by AK+Marc · · Score: 1

      That's an excuse, not a reason. There's nothing that would stop them from releasing OS/2 as "open source" (for the portions where sole license belongs to IBM), and no license on the remainder. I'm not sure how much grief MS gave them over it, Windows NT was a breach of their contract, and IBM sued them over it. OS/2 was supposed to be a joint operation that MS backed out on, violated the contract of, and according to IBM, still owns (at least partly).

      Looks to me like IBM is lazy and has some of the worst lawyers on the planet working for it. They'll blame MS for lots of things, but never back up those claims with substance.

    16. Re:OS/2 Lesson: Legal & Copyright hassles by Alt-kun · · Score: 1

      Neither Serenity, nor Mensys who now has ownership of eComStation, has the OS/2 source code (beyond what IBM already disseminated via the device driver kit, or open sourced a la JFS). What they have is an OEM license, not a source license. The major system-level enhancements in eComStation were mainly done through add-on device drivers which add to or even supersede the IBM components; the desktop enhancements were done by subclassing, which is possible due to the object-oriented structure of the Workplace Shell. I'm sure Mensys would be as delighted as anyone to see IBM open source OS/2.

      IBM does indeed make money from it still, not just from royalties on eComStation, but also directly from selling more OS/2 licenses and support contracts to their existing customer base. On the other hand, that wouldn't necessarily change if the OS/2 source code was released - IBM prefers to make its money in support rather than software anyway.

      The real problem is the legal cost of open sourcing it. The code would have to go through a full technical and legal audit and cleanup first, and that means not only a lot of programmer-hours, but lawyers. Lots of lawyers. Lots of lawyers equals lots and lots of money. Maybe not a fortune relative to the depth of IBM's pockets, but it would still require some very compelling arguments (probably with a lot of zeros attached) to convince them it was worth it.

    17. Re:OS/2 Lesson: Legal & Copyright hassles by chrismcb · · Score: 1

      Agreed, but if the copyright on something has expired, then companies should be free to open up something like that to the world

      If the copyright on something has expired, then it IS open to the world. The company doesn't have to do anything. And if they have an agreement/contract with another company, then so what? The copyright would be expired.

    18. Re:OS/2 Lesson: Legal & Copyright hassles by chrismcb · · Score: 1

      There is no copyright on unpublished works, and hence there is no expiry of copyright.

      Copyright happens at time of creation, not at the time of publication.

    19. Re:OS/2 Lesson: Legal & Copyright hassles by ThatsMyNick · · Score: 1

      These companies keep modifying the source code all the time. Even if it is just updating the year and the copyright comment. The year of creation keeps changing.

    20. Re:OS/2 Lesson: Legal & Copyright hassles by tepples · · Score: 1

      Magically no. Dedicated reverse engineering effort by interested companies and hobbyists yes. This already happens under the table.

  12. Lightworks, the recently open sourced NLE by dan_bethe · · Score: 1
    http://en.wikipedia.org/wiki/Lightworks

    Lightworks is an NLE (nonlinear editor, of video) which was recently open sourced due in part to its commercial decline and transfer of ownership.

    1. Re:Lightworks, the recently open sourced NLE by dan_bethe · · Score: 1

      http://en.wikipedia.org/wiki/Lightworks

      Lightworks is an NLE (nonlinear editor, of video) which was recently open sourced due in part to its commercial decline and transfer of ownership.

      Oops. I see now that its source code release date has slipped again. Oh well, for the purposes of the conversation, you can see the historical process and you can see the fact that it's probably coming.

    2. Re:Lightworks, the recently open sourced NLE by Lumpy · · Score: 1

      It also sucks horribly. I have been in the Video Editing Biz and have used everything professional out there and Lightworks is a toy at best. I spent 4 days messing around with it and dismissed it as less complete than the OSS Cinerella that is also a giant steaming pile of goo.

      No stability, crashes a LOT, incredibly limited tool set, and the deal killer, does not support ANY modern file formats. Noboy edits in AVI.. it's AVCHD for 99% of home video and MPEG2HD for 99% of professional right now with some smatterings of AVCHD. Nobody uses tape at all anymore so capture capability is 100% useless to anyone but a church that refuses to replace that 17 year old Canon XL1. It also claims it supports 4K editing yet it will not accept files from a Red One, Or a red Scarlet X. That's epic fail right there.

      Dont look at lightworks as anything other than a mess they are hoping that the OSS community can fix. Not one company out there uses Lightworks for any real work.

      --
      Do not look at laser with remaining good eye.
    3. Re:Lightworks, the recently open sourced NLE by dan_bethe · · Score: 1
      Yeah I'd never heard of it outside of the announcement of the source code. I have read a lot of comments from its fans. In all of my intensive research over the history of NLEs, I find it hard to believe that there'd be a whole NLE that I'd never heard of!

      The original poster is asking about abandonware, and I guess Lightworks is a sort of epically twisted abandonware.

      Well thanks for your feedback. It was most LOLworthy.

      AVI? Worse than Cinelerra? o m g

    4. Re:Lightworks, the recently open sourced NLE by Anonymous Coward · · Score: 0

      Anyone try Videolan VLMC?

  13. Hardly, I'd say the RedHat way by dutchwhizzman · · Score: 1

    Google releases a very small percentage of the code they buy up, compared to RedHat. Both do keep some of the code behind, but RedHat only does that for enterprise management tools, they throw everything else in open source. Google keeps their whole search engine, filesystems, Linux distro and stuff we don't even know exists in closed source.

    --
    I was promised a flying car. Where is my flying car?
    1. Re:Hardly, I'd say the RedHat way by Fwipp · · Score: 1

      Oh no - how dare they not open source the things that we don't know exist!

      Also, doesn't Chrome OS track Chromium OS pretty closely?

  14. SimCity by Anonymous Coward · · Score: 0

    Probably the most famous is SimCity, be the good will of its original author to the OLPC project.

    Another oldy but goody, open sourced with the support of its author, is Sopwith.

  15. missinformation -5 muppet by Anonymous Coward · · Score: 0

    reverse engineering =/= decompiling

    http://en.wikipedia.org/wiki/Reverse_engineering#Reverse_engineering_of_software

    http://en.wikipedia.org/wiki/Decompiler

    Reverse engineered code is by definition entirely brand new code.

    1. Re:missinformation -5 muppet by Anonymous Coward · · Score: 0

      It's also a derivative work, nice try though.

    2. Re:missinformation -5 muppet by sir-gold · · Score: 1

      double-blind, reverse engineered code is considered a derivative work? how does that work?

      That's like saying that one of my friends goes to a concert, describes what the music sounded like (without actually playing a recording of the concert), and then I write a song, that new song would be a derivative work? If thats the case then EVERYTHING humans have EVER created is a derivative work.

    3. Re:missinformation -5 muppet by tepples · · Score: 1

      double-blind, reverse engineered code is considered a derivative work? how does that work?

      Tetris v. Xio

      That's like saying that one of my friends goes to a concert, describes what the music sounded like (without actually playing a recording of the concert), and then I write a song, that new song would be a derivative work?

      In some cases, yes. Bright Tunes Music v. Harrisongs Music.

  16. Reach out the the owners? by anilg · · Score: 2

    For small to medium software, the reason it isn't sold anymore is that it was probably not successful commercially. Find a way to reach out to them and see if they would be interested in releasing the code (and if they own the entire copyright).

    I recently helped revive a 5 year old screenwriting software (http://www.trelby.org), which is a niche editing field, ruled by 200+$ alternatives (Final Draft/MMS). I work on this simply because this will more than serve the need of most of the market, and it's fun to program. I could do that because the original developer had opened it when it was not successful commercially.

    --
    http://dilemma.gulecha.org - My philospohical short film.
  17. cross licensing problems by bloodhawk · · Score: 4, Insightful

    Plenty of games, even old ones are not entirely inhouse developed, why reinvent the wheel when plenty have already done it before you. Hence they buy 3rd party engines and routines that they have no rights to open source thus dooming the game to never be open sourced even if the game developer would not mind doing so.

    1. Re:cross licensing problems by cbope · · Score: 1

      +5 insightful. This is the most likely reason why so many old software projects do not go open source. Hardly anyone completely writes all their own software in-house and a lot of software depends on licensed third-party libraries, drivers, etc.

    2. Re:cross licensing problems by Anonymous Coward · · Score: 0

      Plenty of games, even old ones are not entirely inhouse developed, why reinvent the wheel when plenty have already done it before you. Hence they buy 3rd party engines and routines that they have no rights to open source thus dooming the game to never be open sourced even if the game developer would not mind doing so.

      You sound like a shill.

      In any case what you say is irrelevent. Open source the bits that you have the license for and let others worry about finding open source substitutes for the proprietary parts and integrating them. There are likely to be numerous opens source replacements for software written decades ago.

    3. Re:cross licensing problems by Anonymous Coward · · Score: 0

      You sound like a retard. If you are going to replace the engine and libraries (the most expensive bits), then you may as well rewrite the game.

  18. One candidate for freeing: Space Trader by Anonymous Coward · · Score: 0
  19. Volition & Freespace by Anonymous Coward · · Score: 0

    Volition open sourced the engine behind the Freespace series of games. Now hosted at Hard-Light the development has been rather interesting, with new campaigns, and if you play the original games (if you have the discs) on the newer engine, it's quite spectacular.

  20. Not always an easy decision. by flimflammer · · Score: 2

    It's not always easy for a company to just up and release the source code to their games, as many aspects of it may be entrenched in proprietary licensing. Physics, sound, rendering engine, etc. Entire sections of the code that can't be released, which makes much of the game what it is. It's hard to convince a company to spend resources going through their old source code, plucking out the code that can be released, and then letting it go. It might give them public good will, but it costs them money and the return could end up being very little.

  21. One of the more famous recent cases by thegarbz · · Score: 4, Interesting

    The original Prince of Persia was recently open sourced after the developer found the once thought lost source code on a floppy hidden away somewhere.

    1. Re:One of the more famous recent cases by Anonymous Coward · · Score: 2, Interesting

      One of the authors of the original Elite (on the BBC Micro) released the source years ago. Sadly, it's pretty much incomprehensible. I used to program on that platform, but endless pages of uncommented assembly language with multiple instructions per line are actually harder to read than a well formatted disassembly.

    2. Re:One of the more famous recent cases by ratbag · · Score: 3, Informative

      Before you visit the source code page, switch your "90's web page design mistakes" filter to maximum.

    3. Re:One of the more famous recent cases by Anonymous Coward · · Score: 0

      The original Prince of Persia was recently open sourced after the developer found the once thought lost source code on a floppy hidden away somewhere.

      sssh! don't let linus know!

    4. Re:One of the more famous recent cases by jgtg32a · · Score: 1

      Wow, back to the bad old days where you pressed ctrl-a to highlight all the text so you can actually read it.

    5. Re:One of the more famous recent cases by unixisc · · Score: 1

      That story was covered here on /. The main thing about that was that the coding was all in assembly. So the least one would need to do would be to translate that to C. Having said that, I've seen Prince of Persia on cell phones, so one would think it's already out there.

    6. Re:One of the more famous recent cases by Hatta · · Score: 1

      The really amazing thing is that the recent port of PoP to the C64 was done before the source code was located. He actually had to reverse engineer the game from the Apple II version.

      --
      Give me Classic Slashdot or give me death!
    7. Re:One of the more famous recent cases by mogorman · · Score: 1

      Although the source is available I see no licensing information. The closest it comes is ". In the meantime, if you have questions -- technical, legal, or otherwise -- I recommend that you direct them to the community at large, whose collective knowledge and expertise far exceeds mine, and will only increase as more people get their eyes on this code." So the source may be available but not free software or open source.

    8. Re:One of the more famous recent cases by Anonymous Coward · · Score: 0

      One of the authors of the original Elite (on the BBC Micro) released the source years ago. Sadly, it's pretty much incomprehensible. I used to program on that platform, but endless pages of uncommented assembly language with multiple instructions per line are actually harder to read than a well formatted disassembly.

      Oolite is the 21st century's free elite, it has many expansion packs and an active community.

      Ubuntu users: do not install Oolite from Synaptic/Software Center - that's an old version. Download the tar archive.

  22. terrible beauty: public domain in the modern world by neurosine · · Score: 2

    I think this was the reason for the existence of the Public Domain, where copyrighted works were available royalty free to the public after 50 years. I'd really like to play Redneck Rampage. For that reason I'm really just sort of spinning my wheels until I'm 74.Of course, they could open source it sooner. I'm not sure if Xatrix still exists though. Or if any of todays paridigms will apply at that time.

  23. Re:terrible beauty: public domain in the modern wo by White+Flame · · Score: 1

    Just a little nitpick: Public Domain is a naturally occurring state of intellectual property (as well as Trade Secret), not something that came into existence via government granting it.

  24. All sorts of reasons this is harder than it seems by jonwil · · Score: 2

    Reasons why getting companies to open-source stuff is hard include:
    1.They may not have the code anymore (or it may be in some archive vault somewhere and difficult to find)
    2.3rd parry copyrights on the code (e.g. licensed game engines, licensed middle-ware etc)
    3.3rd party patents (e.g. anything that supports any flavor of MPEG or e.g. the Creative Labs patent that ID hard to work around in releasing the Doom 3 source code)
    4.Licensing (e.g. movie or sports tie-ins)
    5.Cheating or hacking (publishing the code may make it easier to cheat or hack the program)
    6.NDAs (e.g. the NDAs for platforms like the XBOX 360, PS3, WII or the hardware NDAs for things like PowerVR GPUs or the NDAs for anti-piracy solutions that may be integrated with the code)
    7.They may still be using some or all of the code (or derivative versions of it) in current software.
    8.They may not want to open source something old and not-sold-anymore if the result would be competing against things they are still selling.
    9.They may not want to give their competitors an edge by opening up code that their competitors might want.
    and 10.Cost to review the codebase and make sure that you are free of the above items

    It depends on the company, smaller companies are more likely to be willing to either release the code or to do a deal (as happened with Blender) whereas larger companies are less willing to entertain either open sourcing directly or to sell the rights (either to the software as a while or to the codebase but not the data/game/whatever).

    For example, it would be almost impossible to convince a large company like Electronic Arts, Activision Blizzard, Atari or Ubisoft to open source any of their stuff. (or in many cases to even support modding of their titles or share information/tools modders would need)

  25. Re:terrible beauty: public domain in the modern wo by Anonymous Coward · · Score: 0

    http://www.gog.com/en/gamecard/redneck_rampage_collection

  26. Use the myriad choice of licenses... by unixisc · · Score: 1

    ... as an incentive to get the company to pick one that seems most compatible w/ their business interests, and publish it under that. That way, the old commercial software can be liberated, even if partly, and can either be developed further, or forked. Also, some old commercial software is fully functional, and if released, is good enough on its own w/o requiring any feature updates.

  27. Just dreaming by jones_supa · · Score: 3, Funny

    Even though it's a far cry, I would be excited for Minecraft to be open sourced. First of all, the performance issues could be fixed (by using a native language) and after that, the possibility for interesting modifications would be almost endless. Another gem is the first Rollercoaster Tycoon, which according to Chris Sawyer was coded in pure assembly.[1]

    1. Re:Just dreaming by RogerWilco · · Score: 1

      A precursor to MC ran into big trouble when their source was leaked. Notch wants to avoid this:

      http://www.rockpapershotgun.com/2011/01/20/proto-minecraft-abandoned-due-to-epic-error/

      --
      RogerWilco the Adventurous Janitor
    2. Re:Just dreaming by Anonymous Coward · · Score: 0

      That link quotes the creator of the precursor as saying

      [Having the source] nevertheless enabled hackers to create hacked clients and players upset with my balancing decisions to fork and write their own clients and servers.

      which is hardly "big trouble." Or even a problem except to some game creator who can't stand that somebody wanted to play with his toys except in the exact way he told them they could.

    3. Re:Just dreaming by eabrek · · Score: 1

      What do you think of Manic Digger?

    4. Re:Just dreaming by Anonymous Coward · · Score: 0

      As someone who is deep in the trenches of the Bukkit community (Minecraft server modification development) I can tell you with certainty that you won't be seeing OSS Minecraft for some time.

      Mojang recently hired the lead four developers from Bukkit to work on Minecraft's new plugin API. This is likely to be made LGPL, but the implementation within Minecraft will remain closed. This means that they have a monetary reason to not want to release the source.

      Add in the fact that while Cobalt, Scrolls, and 0x10c are all nice and/or upcoming, Minecraft is still their money maker. The longer they hold onto this, the more they get from it.

      One could make the argument that since Mojang holds the authentication servers for the game that they could open source it easily enough, but I know that there are enough game server owners out there who would easily get players willing to run some slightly modified client for their server (and enough such players) that it just would not end well for Mojang.

      But you know what, having an OSS API will be interesting, and since it'll be a client API as well the possibilities may be almost endless enough for you.

      And if you want to see an OSS group working towards a fully OSS server for Minecraft, check out Spout.

  28. With money? by Aggrajag · · Score: 1

    I've been toying with the idea lately. Create a Kickstarter-type website where companies could ask certain amount of money for a game/program and if the goal is reached they will release the source.

    1. Re:With money? by Anonymous Coward · · Score: 1

      What like UnGlue.it ? That's what a website like for books. http://unglue.it

    2. Re:With money? by Aggrajag · · Score: 1

      Exactly!

  29. The Decent Series is open source by angel'o'sphere · · Score: 2

    That is a space pilot multiplayer first person style shooter. A bit like a flight simulator.

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    1. Re:The Decent Series is open source by f3rret · · Score: 1

      That is a space pilot multiplayer first person style shooter. A bit like a flight simulator.

      Also gave me so much motion sickness back in the day.

      Fun game though.

      --
      Admit nothing. Deny Everything. Make Counter-accusations.
  30. TA:K by Hognoxious · · Score: 1

    I wonder who owns Total Annihilation: Kingdoms since cavedog became gravedog?

    I used to love that game.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:TA:K by Lotana · · Score: 2

      Well the graphical assets and the rights are probably owned by Atari.

      However, check out Spring open source engine. It was developed to run Total Annihilation, but expanded to be quite an impressive RTS engine in its own right.

      Perhaps if enough interest, someone will champion porting TA: Kingdoms assets to run under Spring.

    2. Re:TA:K by macraig · · Score: 1

      All the IP for the game is now in the hands of those greedy Frenchmen (Infogrames) who call themselves Atari but really aren't.

      Although Spring is an open-source game engine specifically designed to be compatible with all the game resources from Total Annihilation, the TA source code has never been released nor substantially reverse-engineered (there's actually still work being done). There's a game hosted at SourceForge called Zero-K which was built with the Spring engine and lobby, and is practically a knockoff of TA.

      Regarding TA:Kingdoms, its source code is also still hoarded. Its game engine was similar to TA's but was 'improved' somewhat. Spring is probably robust enough to duplicate and surpass it, so perhaps someone created a TC (total conversion) of TA:K for Spring. That's all you're likely to see in the way of open source TA:K (and that's not truly open source since you'd still legally have to own a license to the original game in order to have non-infringing access to the game resources to use with Spring).

      (I was a routine visitor to Planet Annihilation, TA Universe, Estrella and other sites for many years, and I still drop in at TAU once in a great while.)

  31. What source? by Tim+Ward · · Score: 3, Funny

    Are we expecting that the source code still exists, and that the build system still exists, and that anyone ever wrote down any instructions for how to build it (let alone document the design)? Sure *some* old games will be properly documented and archived, but the way of the world is that this won't include *your* favourite game!

    1. Re:What source? by Anonymous Coward · · Score: 0

      but the way of the world is that this won't include *your* favourite game!

      Nope, Sopwith 2 was.

  32. how to do it by ddt · · Score: 3, Funny

    I'd probably set up a website where all these games can be found in a nice, attractive setting that makes them look like the museum pieces they should be- nicely lit, oak frames, black velvet, that sort of thing. Use all procedural textures for the wood grain, velvet, etc, so that they remain resolution independent and always look delish. Get the credits engraved in said wood next to every piece of framed box art, and inlay those credits with gold.

    Look for the dudes who did the work, the actual developers. And then approach the authors and explain that the site is going to be organized from top to bottom by which games have well-maintained source and which don't. Instead of rating them numerically, you'll just do it by turning the knobs on the degeneration on the procedural textures, so that the wood looks all rotted out, the inlay half-flaked away and over everything there's a thick patina of dust. So still looking classy but in an increasingly forgotten way.

    Then put a classy old collection cup somewhere in the frame there. If clicked on, it'll prompt for donation amount and then animate a corresponding number of coins that make a satisfying clinky sound and animation as they drop into the collection box, and then all the collections are split according to ranking. And you can donate directly to games by dropping coins directly into little miniature collection boxes right next to the lovely framed pictures with the lovely credits. And they'll be sent to the IP owners. If the IP owners are confirmed to be split the proceeds with the actual authors, you'll give that picture extra sexy lighting, finer woodwork for the frame, a richer, lusher, redder velvet.

    Give it a nice, pretentious name like The Gallery Eternal.

  33. Kickstarter? by ScaledLizard · · Score: 1

    It would be possible to set up kickstarter auctions for games, after contacting the copyright owner. I would like to see MechWarrior 2 open sourced.

    1. Re:Kickstarter? by HornWumpus · · Score: 1

      MechWarrior is in Beta right now. I think you are SOL.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  34. I collected vintage 1980s DOS software (not games) by Anonymous Coward · · Score: 4, Interesting

    As a collector and researcher (of regular software, not games)...

    Forget it. Most companies are not still around. If they are around, they're not the company they once were, and probably no one there even remembers the old software. If they are still around and remember their old software, they'll ignore you if you ask about it.

    This is a great tragedy. It's technically illegal to do research into 1980s software, because the only way you can get it is by violating copyright. Something has gone horribly wrong when doing history is illegal.

    Borland started releasing old versions of their software (not open sourcing them, just releasing the old binaries) but the usual happened: Whoever started this effort was quashed by the company changing hands.

    WordPerfect blew me off totally when I asked about 4.1, 4.2, and 5.1 - I found these at a "pirate" site.

    Will historically important programs like Turbo C, WordPerfect, etc ever be open sourced? Never. A whole chapter in the history of computing is essentially being lost. Only historians who know software very well and can set up emulators can even preserve this software, and only if they can find it.

    Even shareware versions are lost to history. Some "shovelware" images of old shareware BBSes have old shareware, but disk space was tight back then and historical versions are gone for good because the new version always replaced the old version. Very difficult to find 1980s shareware for any package with versions released in the 90s.

  35. The answer is really easy: by macraig · · Score: 1

    Just pay the original developer(s) enough money to let them retire early with the lifestyle of an A-list actor or pro sports boffin. Then they'll be happy to hand you the keys to the coded castle and bid you good luck.

    Hey, I said the answer was easy... the implementation is a bit thorny.

  36. Tax incentives by windcask · · Score: 1

    Give companies that open-source their old software a percentage of their initial investment costs back in tax deductions; the sooner they do it, the more they should be able to recoup as the greater the benefit will be to the open-source community. This can be paid for by leveraging open-source software in government functions to save operating costs.

    1. Re:Tax incentives by PPH · · Score: 1

      All that would be needed is a letter of agreement from the IRS to recognize the donation of source code and IP rights to 501(c)(3) organizations as a charitable (and deductible) contribution.

      --
      Have gnu, will travel.
  37. Re:terrible beauty: public domain in the modern wo by Shoe+Puppet · · Score: 1

    Though in the case of software, developers should be required to deposit the source code somewhere. A binary blob in the public domain is still quite useless.

    --
    (+1, Disagree)
  38. It is (or was) being done for Apple ][ software by plate_o_shrimp · · Score: 2

    You could ask these guys how they go about it:
    http://lostclassics.apple2.info/

    --
    This sig has exceed its monthly bandwidth allotment.
  39. Good Old Games (gog.com) by Gaygirlie · · Score: 4, Informative

    While not directly an answer to the question posed, gog.com's community wishlist ( http://www.gog.com/wishlist ) is one way of reviving old games. Not all companies are willing to open-source their creations, no matter how exceedingly good arguments you make, but they might be willing to revive these old games if there was a way of getting even one dollar of profit out of it.

  40. URU Myst by Frans+Faase · · Score: 2

    URU in the Myst sequel of games has been open sourced by Cyan Worlds. See openuru.org.

    1. Re:URU Myst by Anonymous Coward · · Score: 0

      In this case, it took years of the fanbase attempting to convince the owners (Cyan Worlds) of the viability for open source starting in 2004, more years for Cyan Worlds to acquire the rights back from the various publishing deals they'd had over the multiple incarnations by the time of its second closure in 2008, and even several more years before they had removed parts of the code they didn't have the rights to distribute. They announced their intent to open the source in Feb 2009 (http://web.archive.org/web/20090224163718/http://mystonline.com/en/developers/) and released it finally in April 2011.

      Even still, while clean-up has been done on the code (https://github.com/H-uru/Plasma and https://github.com/H-uru/moul-scripts/) to make it work with tools other than Visual Studio 2003 and to link against modern libraries, there is a lot of work left to be done, and after all the time it took for the release the fanbase had dwindled considerably. The time between the initial announcement and actual release appears to have killed the general interest by the open source community as well. When the source was initially released it was done through a separate fan site with no experience in hosting a project of this size, was improperly licensed (which has since been fixed) and was partially inaccessible. This resulted in the formation of the more active github fork linked above. Making a native linux port has been a major focus, but manpower is lacking.

      Additionally, since many of the game assets contain bugs which cannot be fixed in code without hacks and workarounds, there's been effort to request licenses to repair and then distribute those fixed game assets as well, but Cyan Worlds has been understandably reluctant to participate in those discussions, despite the fact that they otherwise freely distribute the game assets as part of the free-to-play component of the game they currently serve (http://mystonline.com/en/play/). Only recently has Cyan Worlds begun to accept any patches back into their codebase used for the officially-hosted game, and the resources they're able to spend on doing so are extremely limited.

      All-in-all, Myst Online can probably be counted a success for open sourcing a commercial game, but not an easy one.

    2. Re:URU Myst by Anonymous Coward · · Score: 0

      You don't want to ask those blowhards about anything unless you want to witness a giant circlejerk.

  41. SCUMM VM by Anonymous Coward · · Score: 0

    While not truly "open source," I believe this story is in line with the original question of revitalizing old games for current play.

    http://arstechnica.com/gaming/2012/01/maniac-tentacle-mindbenders-of-atlantis-how-scummvm-kept-adventure-gaming-alive/

    Especially see the success developers had with the Broken Sword series. A useful answer to the question "do you have any suggestions or ideas that may be useful to such an effort?" seems to be "contact the original developers or current rights holders."

  42. A second class return to Nottingham, please! by Hognoxious · · Score: 1

    If you look at some titles you may see mutable companies

    Nasty cold you have there.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  43. Star Control 2 by Junta · · Score: 1

    FYI, SC2 was also open sourced by the creators, can be found at sc2.sourceforge.net. In cases like this, it's a case where the creators that hold copyright over the work love the work itself. They see nearly zero opportunity to continue monetizing it, so they release the work to let it continue living. In many other cases, however, the copyright holder will refuse to do *anything* like this if there is no money to be made. Especially since a significant amount of money has been made in the console world reselling old games for new platforms, often with little to no work involved. In fact, a very significant barrage of requests intent on showing how loved the work is may backfire. While the intent may be to show a now unprofitable software is still well loved and warrants being set free to live anew, the business people note the potentially profitable interest that remains in a product that is already developed.

    In the case of Blender, creditors observed what amounted to a failed commercial endeavor with nearly no hope of monetizing beyond the cost of support. They accepted a moderate amount of money to open source it rather than let it die. In this case, it was about a copyright holder with purely financial interests where open source was more profitable than not.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  44. You mean proprietary, not commercial by Anonymous Coward · · Score: 0

    Commercial software can be libre sofware anyway, so there would be no need to "open-source" them in those cases.
    What is probably meant, is "proprietary" or "user-subjugating" software.

  45. With small developers, just politely ask by pruss · · Score: 3, Informative

    I very politely asked the developer of the PalmOS 2sky astronomy app for this. In asking, I emphasized that (a) all I needed was his agreement to license under GPL2+ and a copy of the source code, that (b) I would do all the maintenance and support and that (c) I am an experienced PalmOS developer, and I think I listed my shareware and open source credits. He agreed, telling me that he turned down an earlier request. I thanked him very much for his generosity. I think my emphasis on how little work he would have to do with the release was important. Before release, I had to rewrite and/or use an open source library as an alternative for some SDK example code that was being used and that was under an incompatible license, and then update some of the data. He even sent me a dump of his old website, which I updated and put at open2sky.sf.net .

    In this, the hardest thing was actually tracking down the author and his email address. Then there was a lot of gruntwork rewriting code with an incompatible license, but that was fairly standard UI code.

  46. Re:I collected vintage 1980s DOS software (not gam by Joe_Dragon · · Score: 2

    One companies said that there old ver of some software was not up to there standers but they no longer offer there old mac 68k of it and they say that downing it from a "pirate" site is illegal.

  47. GOG.COM by Anonymous Coward · · Score: 1

    Gog.com aka goodoldgames.com is a site that takes old games and does a fantastic job of integrating dosbox into the installer and games .exe so the user only has to install it and then click play whenever they want to play a game. They take old and forgotten games no longer supported and they make them run on current pc's for a very small and reasonable fee. They also have NO drm, games can be backed up physically and most games come with a lot of extra digital bonus material for each game at no extra cost.

    I am only speaking for games here but more companies should sign with gog.com since it allows them to make money off of old games that they arent making sales on any longer and it earns them cred with the hardcore gamers.

    Its a real shame that all of the old classic games fade into obscurity while a site like gog is active. Developers and publishers should be encouraged to let their old games live again through gog.

    1. Re:GOG.COM by SuiteSisterMary · · Score: 2

      I'll say this: I've bought games on GOG.com that I could turn around and pull off of my shelf. Why? Well, generally a) for the convenience of having a nice, all in one installer rather than, say, floppies or old scratched up CDs or whatever, and b) the work of setting up DosBox, getting rid of nonfunctional copy protection, and all that jazz is done.

      The only thing I'd change is to make games more amenable to custom DosBoxing. Wing Commander, for example, had a great General MIDI score. But you can't activate it in the GOG version, as the installer/configurer isn't included, and the settings file isn't really human-editable.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  48. Re:All sorts of reasons this is harder than it see by Anonymous Coward · · Score: 0

    The simple fact that programs being talked about here are 10 plus years old voids 3/4 of your arguments. The other 1/4 of your examples are rendered null and void by the simple fact programs can be released for all users without being open sourced, go look at gog.com it has dozens of old defunct products people can get and play again when unless they were willing to jump through 100 hoops never could before.

  49. Re:terrible beauty: public domain in the modern wo by westlake · · Score: 1

    I'd really like to play Redneck Rampage

    Redneck Rampage Collection is $6 at Gog.com, with soundtracks and extras. Carmageddon Max Pack coming soon.

    You have to be realistic.

    Commercial repackaging and distribution of back list titles through outlets like Gog makes a great deal of sense for the publisher --- and the player,

    The open source remake is very difficult to pull off.

    Due to its long development time Black Mesa has recently become notable for its delays, and dwindling updates on the status of its completion. The delays led to Wired Magazine awarding Black Mesa high spots on their Vaporware Of The Year list in 2009, and again in 2010.

    On June 10, 2012 the Black Mesa development team announced that new "media" would be released once their Facebook page reached 20,000 likes. This goal was reached on June 11, 2012 when 8 new screenshots were released.

    Black Mesa

    Pathetic.

  50. A Good Way by Digital+Vomit · · Score: 1

    A good way to do this would be to have some sort of law whereby a company would be allowed the right to be the sole controller of the distribution of the software for a limited time -- say, a short period of a few years -- in exchange for requiring the release of the software -- source code, binaries, and all -- into the public domain at the end of such time. A law like this would, I think, greatly benefit the useful arts and sciences, given that the period of control was suitable short (say, two to five years).

    A better way would be to require, by law, that any software released to the public -- for free or by sale/rental -- be distributed along with its source code.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  51. Ryzom, now an open source MMORPG by Anonymous Coward · · Score: 0

    There's also Ryzom, a fine MMORPG which went free software (including artistic assets) after the company handling it went out of business. Its community picked it up and continues to develop it. They even released OS X and GNU/Linux versions. There's more information on Wikipedia.

  52. Re:terrible beauty: public domain in the modern wo by bws111 · · Score: 1

    Bullshit. Source code is a trade secret, and nobody is 'entitled' to those. The only legitimate reason for requiring a 'deposit' (escrow) of source code is that you are so dependent on it that it would cause you irreparable harm if it were no longer available. And in that case, you can get the software put in escrow, but it is going to cost you a fortune. Games sure as hell don't qualify for escrow.

  53. Re:One of the more famous recent cases --oops by mogorman · · Score: 1

    read to fast. actually its worse the paragraph before makes it more clear that it is not free software. "As the author and copyright holder of this source code, I personally have no problem with anyone studying it, modifying it, attempting to run it, etc. Please understand that this does NOT constitute a grant of rights of any kind in Prince of Persia, which is an ongoing Ubisoft game franchise. Ubisoft alone has the right to make and distribute Prince of Persia games."

  54. ChessMates - Sapient by Art+Challenor · · Score: 1

    Anyone have contacts at Sapient (http://www.sapient.com/). As far as we can tell they own the rights to "ChessMates" - http://en.wikipedia.org/wiki/Chess_Mates Still probably the best program for teaching chess to young beginners.

    Would seem to me they could get a good tax deduction by donating this IP to a chess charity of some sort and the game could get back in circulation.

  55. Re:terrible beauty: public domain in the modern wo by gnasher719 · · Score: 1

    Bullshit. Source code is a trade secret, and nobody is 'entitled' to those. The only legitimate reason for requiring a 'deposit' (escrow) of source code is that you are so dependent on it that it would cause you irreparable harm if it were no longer available. And in that case, you can get the software put in escrow, but it is going to cost you a fortune. Games sure as hell don't qualify for escrow.

    Source code is rarely a trade secret. Source code is obviously copyright protected, so if you had a copy of my source code, you wouldn't be allowed to use it without some license. And after spending lots of time and money on writing the source code, I obviously have some advantage over you by having the right to use the source code, and you don't.

    But for source code to be a trade secret, I would need to have a commercial advantage over you by the fact that I can see the source code, and you can't. That is in many situations not the case.

  56. Contract Terms by PPH · · Score: 1

    Software acquired by some corporations is done so under certain contract terms. Among these is often a requirement to place source code, documentation and IP rights into escrow. Should the vendor go out of business or fail to provide contractually required maintenance, the customer would be given the escrowed property.

    Just have these powerful customers revise their contract language to have that s/w released from escrow into the public domain. The customer still gets their hands on the source, plus the possibility of a larger community pitching in to support the orphaned product.

    --
    Have gnu, will travel.
  57. liberatedgames.com by SirGarlon · · Score: 3, Informative

    For games, there is already a site working on getting old products open-sourced: liberatedgames.com. They don't update super often but they do seem to still be active.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  58. Re:I collected vintage 1980s DOS software (not gam by PhilHibbs · · Score: 1

    Would you be interested in a BBC/Acorn-compatible BASIC interpreter? There is a non-distributable source module for the floating point operations, as that was licenced from Zortech.

  59. Re:One of the more famous recent cases --oops by gman003 · · Score: 1

    I think he's referring to "trademark", not "copyright", there. He's saying "this code is effectively public domain, but the Prince of Persia trademark is still owned by Ubisoft". So you could modify the game however you want, but you cannot release it as a Prince of Persia game.

    Although he is being very vague about releasing your modifications, especially commercially.

  60. Re:terrible beauty: public domain in the modern wo by spire3661 · · Score: 1

    Black Mesa is not an 'open source' remake. Its a total conversion mod (remember back when we were allowed to actually modify games?).

    http://en.wikipedia.org/wiki/Mod_(computer_gaming)#Total_conversion

    "Since most total conversions only share the engine in common with the original game, if the engine becomes Free Software, the total conversion can be playable without having to own the original game."

    Black Mesa will require you to own at least one Source engine game.

    --
    Good-bye
  61. I got a couple games released... by hypethetica · · Score: 2

    I'm responsible for 2 very, very old games (Jumpman and Beyond Castle Wolfenstein for the PC) to be open sourced and released, but it's reverse engineered source code and not original. I contacted the original authors (although in the case of BCW, Silas Warner had passed away, but his widow gave me permission). These games had passed through so many hands by the time I got around to them that the rights had simply been lost to bigger companies who didn't even know they owned them. Not only were the rights gone, but the original source code was always long lost.

    Hopefully someday the original source may materialize in some box of floppy disks in the back of a closet (see jordan mechner's recent discovery of Prince of Persia) but the odds of these things are so incredibly rare.

    About all I learned was that this is tough to do, very time consuming, and it's easier to ask for forgiveness than to get permission.

  62. Copyright term reduction by CanEHdian · · Score: 1

    What would help is a drastic copyright term reduction; at the very least for computer programs (to be interpreted broadly that audio-visual elements etc. as part of it fall under the lower term). This removes all legal obstacles and anyone with access to the original source and/or reverse-engineered source is free to release it to the public. It should also be made clear that "all trademarks belong to their respective owners" is enough to circumvent any trademark disputes, e.g. you can distribute the source to"Donkey Kong" even though Nintendo holds important trademarks.

    Perhaps one day the European Union will implement this and the North Americans wake up and demand the same. On the other hand, free-to-air satellite TV is ubiquitous in Europe (e.g. Astra satellites) and almost non-existent here.

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
  63. Buy it. by Anonymous Coward · · Score: 0

    Buy it.

  64. Re:terrible beauty: public domain in the modern wo by rubycodez · · Score: 1

    The protection of "trade secrets", also known as "confidential information", is done by non-disclosure and non-compete clauses. Software is not automatically a trade secret. Software can be protected by copyright and patents. Software may be protected by certain parties releasing information by NDA or NC, but those not a party to those might leak, discover or receive such information.

  65. no you didnt by Osgeld · · Score: 1

    you seriously just gave descriptions of blender and warzone 2010 on slashdot? Im sorry, but, just how retarded are you?

  66. S3TC by Anonymous Coward · · Score: 0

    How about revolutionizing OSS drivers development with Kickstarter initiative for buying out the rights on the patent from HTC (which is the current patent holder AFAIK)?

  67. Re:terrible beauty: public domain in the modern wo by bws111 · · Score: 1

    Yes, I am aware of that. What I am saying is that if some company develops a piece of software in-house, and does not release that source code, it is a trade secret. That is their prerogative. Requiring them to 'deposit' the source code somewhere so that it becomes public domain is just silly, nobody is required to release their trade secret into the public domain. We don't require authors to 'deposit' an ascii text file of their manuscript somewhere so we can easily modify it when copyright expires. We don't require movie studios to 'deposit' the set blueprints, costume patterns, scripts, lighting direction, etc somewhere so we can easily recreate the movie when copyright expires. We don't require musicians to 'deposit' the exact score, recording levels, mixing instructions, etc so we can easily recreate that when copyright expires. Why should software be any different?

  68. Steem - Atari ST Emulator by Anonymous Coward · · Score: 0

    I asked nicely, and two years later got an email back declaring that http://code.google.com/p/steem-engine/ was now open source. The email was sent to about a dozen people, who presumably had asked nicely too. Unfortunately my interests had drifted in those two years, but it's great that what I wanted, the YM2149 emulation, is out there.

  69. I would really like a new atomic bomberman version by allo · · Score: 1

    the old win95 game runs fine on linux with wine, even with IPX networking, but as opensource, it could get new level types and IP networking.

  70. Original poster here with thanks and more info by Optic7 · · Score: 1

    Woo, I finally got a slashdot submission accepted! The eighth time is the charm! /happyoutburst

    Ahem. Actually, I wanted to thank all of you very much for your answers. A lot of good examples, insights, and suggestions, just as I had expected from my fellow slashdotters. If I or anyone decides to go down this road, I'm sure that this information will be useful.

    If you're curious, the specific game I had in mind was Richard Burns Rally, which is generally considered to be the best rally car (racing) simulation ever released. From what I've read in your replies, it seems like I (or anyone else) may have to wait a bit longer before it may be feasible to pull this off since it may still be too new and active, and still have valuable code for the publishers to consider it.

    If I really decide to pursue this, I may start with some even older but still well-regarded rally sims such as some of the titles in the Rally Championship Series or Rally Trophy.

    If all else fails, I suppose I can always learn proper game programming and join an existing open source rally game project like Trigger Rally.

    Thank you all again!

  71. The answer is... by Anonymous Coward · · Score: 0

    Rewrite it.

  72. Original Red Faction by Tekoneiric · · Score: 1

    I'd like to see the original Red Faction open sourced. Many things could be done with it as an open source game. Besides porting, the geo mod engine could be improved to keep the player from hitting the damage limit wall. Best way to do that is to apply the damage back over a copy of the original map. It could also be the basis for a creation engine to all the player/user to add elements while in the map. Given how well it worked on limited resource machines of the time, updating it to make use of newer resource models while keeping how efficient it was at handling resources would make for some fantastic game play. I'd like to see Stargate / Guild Wars style portals added to jump from map to map in shared worlds.

    --
    *It's not what you can do for the Dark Side but what the Dark Side can do for you!*
  73. Re:terrible beauty: public domain in the modern wo by westlake · · Score: 1

    Black Mesa is not an 'open source' remake. Its a total conversion mod

    But that just underscores the team's inability to reconstruct the game's assets.

    Art design, level design, character design, scripting (events and dialog,) animation, sets, props, visual effects, sound effects, vocal performance, music, and so on.

  74. Another option by Dabido · · Score: 1

    Rather than going through the pains of getting the source code released, you could do as FreeCiv and FreeCol did, and have a team recreate the game under GPL to run on todays machines. (I am assuming getting source code is like pulling teeth and slightly more difficult and would take longer than starting an OS team, so in the long run would be easier. Where as I can imagine the difficulty in trying to track down the right people within a company with the power to make the decision, then convince them it is a good idea, then to get the legal stuff sorted, provided the company who wrote the game still exists, finding if the company still has the source code somewhere, which it may not, then finding the source code which, in the case of a game 20 years old might be in some archive somewhere on old floppy disks, etc, etc).

    --
    Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
  75. Musical work vs. sound recording by tepples · · Score: 1

    We don't require musicians to 'deposit' the exact score

    Yes we do. The copyright in a musical work (the lyrics and melody) is registered separately from the copyright in any sound recording of such a work.

    1. Re:Musical work vs. sound recording by bws111 · · Score: 1

      Yes, you can copyright the lyrics and melody separately from the sound recording, but releasing a sound recording does not REQUIRE you to put the sheet music in some escrow account somewhere, which is what the guy I was responding said should be done with software.

  76. Re:terrible beauty: public domain in the modern wo by rubycodez · · Score: 1

    But to formally *register* for copyright with the US government (separate matter from default copyright protection), copy of work is required.