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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?"

31 of 234 comments (clear)

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

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

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    1. 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.

      --
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    2. 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?

    3. 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.

    4. 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.

    5. 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.

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    6. 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!

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    7. 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?

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  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 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.

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  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 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. 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.

  5. 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 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.

  6. 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.

  7. 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.

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  8. 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.

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  9. 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.

  10. 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 ratbag · · Score: 3, Informative

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

  11. 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]

  12. 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!

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

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