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MAME Changing License To Fully Libre One

jones_supa writes: The source code of MAME (Multiple Arcade Machine Emulator) has long been freely available, but it's never been completely libre. Instead, it's been available under a modified BSD license that prohibits, among other things, commercial use of the code. MAME engineer Miodrag Milanovic explains that such a license was put in place to deter "misuse of MAME in illegal ways," but it also kept legitimate commercial entities doing business with the software. Examples of such could be museums that charge entry fees from using MAME in their exhibits, or copyright holders rereleasing vintage games encapsulated inside MAME. Now the project wants to go fully open. Milanovic continues: "Our aim is to help legal license owners in distributing their games based on MAME platform, and to make MAME become a learning tool for developers working on development boards." As of yet, there are no specific details about the new license.

56 comments

  1. Fuck yeah! by Anonymous Coward · · Score: 0

    Now I can build and sell bartops with MAME and ILLEGAL ROMs.

    1. Re:Fuck yeah! by Anonymous Coward · · Score: 0

      Nope.

      Let me tell you, you can't use the MAME trademarks. People have been selling "MAME CABINETS" for years on eBay, but they only got in trouble if they were selling it with any software included. I raised quite a large issue with eBay management (as an employee) about this and got the policy changed to essentially make selling all "arcade" cabinets that included games prohibited.

      The only thing holding back the Chinese from selling 2000-in-1 arcade machines for 50$ on eBay was that change I lobbied for. You can sell the physical hardware, you but you can not sell the software with it.

    2. Re:Fuck yeah! by Anonymous Coward · · Score: 0

      Whoosh.

    3. Re:Fuck yeah! by Anonymous Coward · · Score: 0

      yeah because ebay makes selling decisions for me...

      fucking idiot

  2. Big job by ledow · · Score: 1

    Given the wording, that sounds like they're going to have to contact either every contributor for copyright re-attribution, or rewrite their code for them.

    It's the same problem as appears in kernel GPL 2 vs GPL 3 arguments - it's moot at the end of the day unless someone contacts every copyright holder and gets them to agree, or rewrite whatever code of theirs is still active in the codebase.

    And MAME's such a big and worldwide project that there's bound to be dead contributors, and lots of uncontactable ones too - given the history.

    1. Re:Big job by bhlowe · · Score: 1

      Good luck suing and trying to prove damages. No legal documents or protections are in place. No need to contact or get permission from any developers-- if any complain, they can pound sand.

    2. Re:Big job by TomR+teh+Pirate · · Score: 1

      The MAME dev community has always been very up front that the MAME license has no attribution of rights to the ROMs themselves. The emulation code is there's and they can do anything they want with it. I have read elsewhere that emulation is perfectly legal (except when it comes to Macs for some reason) and so I don't see where publisher permissions are the least bit necessary.

    3. Re:Big job by jones_supa · · Score: 3, Informative

      Given the wording, that sounds like they're going to have to contact either every contributor for copyright re-attribution, or rewrite their code for them.

      That's basically what they are doing.

    4. Re:Big job by Anonymous Coward · · Score: 0

      Emulation isn't illegal at all.

    5. Re:Big job by Anonymous Coward · · Score: 0

      Copyright holder always has the option of getting an injunction prohibiting further distribution, whether or not actual or statutory damages are available.

    6. Re:Big job by Immerman · · Score: 1

      As far as I'm aware, emulating Macs is perfectly legal. It's only running MacOS on that emulated Mac that's an issue, because the MacOS license specifically states that it can only be used on legitimate Apple hardware. If you want to run Linux on your emulated Mac though, that's perfectly fine.

      Hmm, though I seem to remember that back in the day Macs had required software in ROM as well - and copying that was illegal in most contexts. In fact, I remember some emulator that came with support for a custom expansion card into which you could plug the legitimate ROM chip from your old Mac if you wanted to be completely, unquestionably legal.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    7. Re:Big job by cheesybagel · · Score: 2

      Sure. I disagree with the news item text though. "been available under a modified BSD license" my ass. It's a non-commercial license pure and simple. Nothing BSD about it.

    8. Re:Big job by Anonymous Coward · · Score: 0

      As far as I'm aware, emulating Macs is perfectly legal. It's only running MacOS on that emulated Mac that's an issue, because the MacOS license specifically states that it can only be used on legitimate Apple hardware.

      I'm pretty sure that restriction has only been there since Mac OS 9, since Apple was still licensing clones when Mac OS 8 was available.

      More importantly, for Old World Macs, the system ROM contents are copyrighted and can't legally be redistributed. If you have an old Mac, though, you can rip the ROM and use the image with Basilisk II, Sheepshaver, Mini vMac etc.

    9. Re: Big job by Anonymous Coward · · Score: 0

      This is why opt-in license changing does not work for large projects such as MAME.

      Opt-out changes are preferable for such projects, and work well. Case in point is when Wikipedia changed its principal contribution license in 2009 from the GFDL to a Creative Commons license after an opt-out period.

      Making a clear announcement of the licenses changes and a corresponding opt-out period to remove their code legally covers the leaders, especially when it comes to former contributors who are unable to be contacted via all known email addresses. However there are going to be some contributors vehemently dislike any form of license change that happens without their explicit consent.

  3. going by hn by Anonymous Coward · · Score: 0

    I thought the license is going to be bsd3 for core, and bsd3/gplv2/lgpl for drivers/etc

  4. crap by edittard · · Score: 1

    it also kept legitimate commercial entities doing business with the software

    How did it do that? By threatening to kill their pets if they stopped?

    --
    At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    1. Re:crap by Anonymous Coward · · Score: 0

      YES

  5. Bigger news in the article? by Anonymous Coward · · Score: 3, Interesting

    Having RTFA I wonder if the bigger news isn't this part

    "From now on there will be only one release executable that covers all arcades, computers and consoles," says Milanovic. "But we will stay under name 'MAME,' that is our trademark."

    Does this mean we can look forward to MAME emulating our favourite consoles with the same care they've done for arcade machines? The last 2 years of MAME releases have been phenomenal, best in its history, so I really hope we see the same love given to console because rocking the Sega Master System in MAME would be something else. I've always thought of it as a natural marriage because a large number of the pages on www.system16.com state that many Sega arcades and Sega consoles used the same hardware as each other.

    1. Re:Bigger news in the article? by Anonymous Coward · · Score: 5, Informative

      It simply means that the functionality of MAME and MESS will be put into the same executable.

    2. Re:Bigger news in the article? by Anonymous Coward · · Score: 1

      Are you unfamiliar with MESS? (http://www.mess.org/) It uses the MAME code for console emulation.

    3. Re:Bigger news in the article? by Anonymous Coward · · Score: 0

      MESS just was merged into a combined binary with the arcade only MAME. As for the license, it'll be overall GPL with large portions modified BSD.

    4. Re:Bigger news in the article? by Anonymous Coward · · Score: 0

      You are correct, I was unaware of MESS and I doubt I am the only one in that position.

      It looks like a fantastic project they're drawing on, can't wait to try some of these systems in the next MAMEUI or UIFX, preparing for my mind to be blown.
       

    5. Re:Bigger news in the article? by Anonymous Coward · · Score: 0

      You are correct, I was unaware of MESS and I doubt I am the only one in that position.

      Uhm...in the article, right before the part that you quoted ("From now on there will be only one release executable that covers all arcades, computers and consoles") it says that MAME is now fully integrated with its sister project MESS.

    6. Re:Bigger news in the article? by Anonymous Coward · · Score: 0

      As for the license, it'll be overall GPL with large portions modified BSD.

      Citation?

    7. Re:Bigger news in the article? by Anonymous Coward · · Score: 0
    8. Re:Bigger news in the article? by Anonymous Coward · · Score: 0

      Duh. That's just some old text file with general links to various licenses.

  6. Sadly I don't think it's going to help by rsilvergun · · Score: 1

    to revitalize arcades. There's a few barcades out there (Dave & Busters) but they're mostly ticket games to keep the dollars per minute of play high. There was a bowling alley in my neck of the woods that advertised a real arcade. I called to be sure and they told me they had 100+ arcade machines. 60 minute drive latter and the closest thing to an "Arcade" machine they had was a Sega truck driving game...

    It's the wood really, and the TV. The cabinets are too expensive to make even as hardware gets cheaper. That and a declining middle class who can't afford to drop that much money into machines. Inflation means games need to be at least 75 cents a play and really want to be $1.33, but that's a heck of a lot of money for 5 minutes of gaming...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Sadly I don't think it's going to help by Jiro · · Score: 4, Insightful

      It's not the wood or the TV. It's that home consoles are so good that arcade games are not superior to them. That was what finally killed the arcade.

      That's why most surviving arcade games are sit-down driving and racing games, DDR clones, or other types of games with big pieces of hardware that you probably won't have at home. You're also not going to have ticket games at home.

    2. Re:Sadly I don't think it's going to help by ledow · · Score: 1

      I agree... the arcade machines are for nostalgia only. The games are able to be played better and more conveniently on any modern display and computer. Sure, you can rig up some "arcade" controls, but again, that's just nostalgia - few things are played better on a joystick than other controls, and those that are tend to be things you buy specialist joysticks for even on PC (flight sims etc.).

      The arcade cabinets are big, clumsy, expensive, not very comfortable, have room for HUGE CRT displays but you wouldn't use one nowadays, etc. They are the vandal-proof box that such games had to come packaged in to survive in such an environment with such primitive electronics.

      I was a massive arcade fan, but the arcade era is dead because of the economics - paying for games that are no better than those you own at home is pointless. even the force feedback, interaction etc. aren't interesting to the kids today and kids fund arcades.

    3. Re:Sadly I don't think it's going to help by Anonymous Coward · · Score: 0

      Here you go. A REAL arcade, pay once, play all day

      www.arc80an.ca

      I am in no affiliation with it.

    4. Re:Sadly I don't think it's going to help by serviscope_minor · · Score: 4, Interesting

      few things are played better on a joystick than other controls, and those that are tend to be things you buy specialist joysticks for even on PC (flight sims etc.).

      I disagree: games have an element of being designed around the control mechanism. Old arcade games are better played on a joystick (I bought one for the purpose) than a game pad because they were designed with that in mind. The feel is right. In much the same way, console games would suck on an arcade joystick and many PC games (i.e. the ones requiring a mouse---could you imagine playing one of the mousy real time strategy games without a mouse?) suck on consoles. And that's not even getting on to the (multi) touch screen based games for phones and tablets which would suck without such an interface.

      And don't forget the weird control games like Tempest (which is amazing, but requires arcade hardware---specifically a spinner sort of thing) or even whac-a-mole which is immense fun but requires a large, dedicated machine as the input device. Whenever I'm at the seaside (which is where you still find arcades in blighty) with my SO we always seek out a whac-a-mole (or equivalent) machine for a small tournament. Usually followed by one of those two player games with arcade guns where you shoot at hoards of enemies.

      No modern games play well on joysticks because they're rare so no one writes games for them. That's not a "things were better in the days of yore" nostalgia trip, it's just an observation that the hardware has changed and games must necessarily use what is available.

      One of my favourites is Robotron. Technically it plays on a game pad, but it is much more fun on dual arcade joysticks.

      --
      SJW n. One who posts facts.
    5. Re:Sadly I don't think it's going to help by Anonymous Coward · · Score: 0

      You can't emulate Pinball but I guess if the arcade went away, the pinballs machines went with them.

      I love pinball and have considered buying some machines. It's not the money or space holding me back from getting a couple. Part of what I really love about it was the variety and playing and mastering different machines. I'd have to buy quite a few to be satisfied.

    6. Re:Sadly I don't think it's going to help by BasilBrush · · Score: 2

      Some games that play better with joysticks:

      Defender
      Battlezone
      Track and Field
      Smash TV
      Joust
      1942
      Galaga
      Pacman

    7. Re:Sadly I don't think it's going to help by Black+LED · · Score: 2

      You can't emulate Pinball

      Actually, you can. You might be interested in this too.

      If you can appropriate an HDTV, lay it on a slant (or attached to a swing arm) and attach some flipper buttons on the sides, you could have a pretty good pinball experience. Hell, you might be able to use a 3D TV if you want stereoscopy.

    8. Re:Sadly I don't think it's going to help by Anonymous Coward · · Score: 0

      Defender
      Track and Field
      Joust
      1942
      Galaga

      Better on a d-pad.

      Battlezone

      Infinitely better with keyboard and mouse, as shown by Battlezone (1998) and its sequel, Battlezone II: Combat Commander.

      Smash TV

      Better on dual thumbsticks.

      Pacman [sic]

      This is the only one I agree is better with an arcade style stick.

      Even games like Street Fighter, which heavily relies upon quick, precise, omni-directional controls are far better on a modern gamepad than with the clunky arcade joyknobs.

    9. Re:Sadly I don't think it's going to help by BasilBrush · · Score: 1

      You're too young to know.

    10. Re:Sadly I don't think it's going to help by thunderbird32 · · Score: 1

      If you're in the Chicago area, try this: http://www.gallopingghostarcad... Massive free-play arcade.

    11. Re: Sadly I don't think it's going to help by Anonymous Coward · · Score: 0

      My God, Tempest and Robotron? Are you my long lost brother?

    12. Re:Sadly I don't think it's going to help by Anonymous Coward · · Score: 0

      Says the guy who has never set foot in an arcade...

      I'm older than you and have been gaming longer than you, junior.

  7. Long way to go, good progress so far by Anonymous Coward · · Score: 5, Informative

    Posting as AC because I don't have an account, but I've been a periodic contributor to MAME and MESS for the past 15 years or so. For those unaware, MESS is the sister project to MAME. While MAME has always concentrated on coin-op games, MESS is the effective catch-all for everything else - handhelds, phones, set-top-boxes, consoles, computers, development boards, and more - using the same core library. For the sake of visibility, just this past week we have made the decision to incorporate MESS into MAME as a fundamental component.

    As for licensing, The vast majority of contributors have been contacted, and responses are trickling in. In general the responses seem split across "I don't care", "GPLv2", and the stock BSD 3-clause that we're hoping to move toward. You can keep track of the ongoing per-source-file relicensing on MAME/MESS's Github page here: https://github.com/mamedev/mame

    I can say that the move to Github has been a uniformly positive one, as it has streamlined the process of incorporating patches from external developers, and has brought more visibility to the project. Visibility is a critical thing for projects like MAME and MESS, because we're literally working against the clock to preserve digital history, so more people feeling motivated to contribute to the project is unequivocally a Good Thing(tm). While there are those out there who see the project as nothing more than a venue for free games, the fact is that the project allows people who own these arcade boards to repair them in many cases, and it provides an archive for companies that are not otherwise interested in preserving their own history. Bit-rot is a real thing, and by preserving the contents of EEPROMs, flash ROMs, PROMs, PALs/GALs and other programmable devices, people are able to restore their games to a working state more often than not.

    I would go so far as to say that the project, in fact, benefits game companies themselves. I've worked in the industry for the better part of 10 years now, and I can tell you that most companies are not interested in proper archiving of their early games. However, with retro game packs being an actual viable product these days, these companies are now going back through their archives only to find that they didn't keep any copies of the disks or ROMs around. MAME and MESS, by incentivizing the decentralized distribution of these games, has essentially ensured that these games will still be around when the companies decide to unearth them. This isn't just idealism, either - if you look at retro game packs from companies like Sega, Taito, Namo, and Konami, you'll find that more often than not, they actually use the same ROM files that MAME does, in ZIP files, sometimes even containing the readme.txt from the original dumper - so you know it didn't originate internally to the company.

    Ultimately, the relicensing is one of many steps necessary to bring broader appeal to the project, whether it is to businesses, developers, or users.

    1. Re:Long way to go, good progress so far by Anonymous Coward · · Score: 1

      Grant Galitz's browser-playable versions of GBC and GBA are light years ahead of the emscripten version of the MESS code for those. Any chance they can be used?

    2. Re:Long way to go, good progress so far by Em+Adespoton · · Score: 3, Interesting

      As for licensing, The vast majority of contributors have been contacted, and responses are trickling in. In general the responses seem split across "I don't care", "GPLv2", and the stock BSD 3-clause that we're hoping to move toward. You can keep track of the ongoing per-source-file relicensing on MAME/MESS's Github page here: https://github.com/mamedev/mam...

      As someone who contibuted to the MESS code over 10 years ago, I'll say that I can't even recall exactly what code I touched, or if my changes even still exist. And other than this note, they'd have pretty much no way to contact me, as my old addresses lapsed years ago. But I have no problems with a more libre license; I just can't quite figure out how they could possibly pull off moving to one, as there must be many other minor code contributors like me out there.

    3. Re:Long way to go, good progress so far by Anonymous Coward · · Score: 0

      NO, the current license is NOT *THE* "modified/revised/new" BSD license (modified meaning technically the 3-clause BSD license).
      The current MAME license is completely different and attempts to prohibit sales and enforce open source. It is NOT a recognized and named BSD license, and it does NOT at all follow the principles of the original BSD license, so do NOT add to the confusion by calling it one.

      To make MAME both open source and commercially compatible, use the license that FreeBSD uses (for example, Juniper Networks sells $100k routers with FreeBSD in them). The FreeBSD license is known as the "simplified" or 2-clause BSD license (endorsement clause removed because unauthorized endorsement is obviously actionable libel/slander/tort and thus there's no need to clutter a license with such pointless redundancy.) The actual license is lines seven (7) through twenty-eight (28) here...
      https://svnweb.freebsd.org/base/head/COPYRIGHT?revision=276462&view=markup

      Though not as accepted, widespread, or tested among large commercial enterprise, you may also wish to use the OpenBSD (latest MIT style) license here...
      http://cvsweb.openbsd.org/cgi-bin/cvsweb/src/share/misc/license.template?rev=HEAD

      All other BSD like licenses are generally untested and pointless given the two above.
      You should seriously consider not using GPL, it's not as commercially compatible and uses force instead of free choice.

      Do not go trying to make up your own license unless you first both:
      1) pay real and independant lawyers real money to evaluate it as to suitability to the commercial sphere.
      2) obtain approval from all three of the open (opensource.org), free (gnu.org), and MAME software communities to ensure it's suitable for them.
      http://opensource.org/

    4. Re:Long way to go, good progress so far by Anonymous Coward · · Score: 1

      Then contact them and tell them what you want (they did keep track of a lot of who did what). They are currently going thru and tagging everything properly. Or setup up a merge pull. https://github.com/mamedev http://www.mame.net/.

      They are more than willing to work with anyone who thinks their code does not belong. The majority is BSD, GPL/LGPL now.

      Your point is a valid one. One that is not clear. But you have also basically abandoned the code. So you can not really make an claim for harm either. Also depending on when you contributed you may have been under a different license which assigned the rights to Nicola.

      Lots of code has been re-written over and over in that project. Your code may not even be in there anymore.

    5. Re:Long way to go, good progress so far by Em+Adespoton · · Score: 3, Interesting

      Also depending on when you contributed you may have been under a different license which assigned the rights to Nicola.

      Bingo! I was wondering why I hadn't thought of this in years. This was, in fact, the case. Of course, it's questionable whether such assignments are actually legal, but I for one am not about to question it; I'm not even in a position where I could easily prove the code was written by me at this point.

      Mostly, I just want to ensure they've covered all bases so that the code can be properly freed up and not become the target of some copyright troll. Of course, so many hands have touched the code that dropping a particular chunk of code would be somewhat trivial to the project as a whole.

    6. Re:Long way to go, good progress so far by Anonymous Coward · · Score: 0

      > Of course, it's questionable whether such assignments are actually legal,

      This has been used in things like MySQL and openJDK, which are owned by Oracle. You'd have to be crazy to think a company like Oracle would risk anything for a few lines of external contributor code, as far as I see it, that kind of assignment is battle-tested.

  8. I mean... by Travelsonic · · Score: 1

    I'm a little lost... why under the existing license would it be hard for the rightsholder to specific games to just go to the MAME team, and work it out? OF course, a more flexible, and open license is always a good thing IMO (too much rigidity hinders efforts that could be legal and good of course, but this specific example given still puzzled me.

    And I wish they'd make some progress on Bemani System573 Digital emulation. :(

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    1. Re:I mean... by BasilBrush · · Score: 1

      It's got absolutely nothing to do with the rights to code for the games themselves, which are not a part of MAME. This is about the code that does the emulation of the game hardware that the game software then runs on.

    2. Re:I mean... by Anonymous Coward · · Score: 0

      Because there are too many copyright holders, so it would be just as difficult to grant rights for a single game as to relicense the whole project. MAME has not done copyright assignment.

  9. opens the door to dmca abuse by Anonymous Coward · · Score: 0

    There is a court case right now with an similar emulator that took open source added the code for the hardware (custom pci card and os code tied to an oldx86 chipset) with drm with a USB device and some came out with a free emu that does the same thing with an bypass of the usb device and they sued them

  10. Editors failing to edit by Anonymous Coward · · Score: 0

    Also, summary doesn't make sense. A museum charging admission does not a commercial entity make.

  11. It's good news for chiptune fans! by 0xdeaddead · · Score: 4, Informative

    Since everyone knows that MAME has the best chiptune emulation! There are other uses for the MAME code than full system emulation.

    One can hope that the Yamaha YM2151 emulation will join the list but either way its a good thing for retro enthusiasts!

    1. Re:It's good news for chiptune fans! by Anonymous Coward · · Score: 0

      MAME has shit synth emulation. XMPlay is much more accurate.

    2. Re:It's good news for chiptune fans! by Anonymous Coward · · Score: 0

      > MAME has shit synth emulation. XMPlay is much more accurate.

      WTF? XMPlay is an audio player, it doesn't do synth emulation. Are you thinking of some plugin for it?

  12. MAME32 by ememisya · · Score: 1

    Little known fact: Hats off to one of the original geeks who inspired a generation who is an author of MAME32, Chris Kirmse. Also the author of one of the first MMORPGs ever based on the Doom engine, Meridian 59, and a Virginia Tech alumni. The geek is strong in that one.