All the details can be found here :
http://sev-notes.blogspot.com/2009/06/gpl-...violations.html
Here's the basic details
* Apparently Atari contracted porting work to their long time partner, Majesco Entertainment.
* Majesco Entertainment in turn subcontracted the work to Mistic Software, a Canadian-based game shop
* Mistic Software has its development office in Chernigov, Ukraine, locally presented as Mistic Soft LLC who did the actual work
The GPL violation was found by a couple of fans in the Freddy Fish game (in 0.9.0, there is a bug, a gfx glitch in the beginning of the game). Once the ScummVM team got 2 reports, they dumped the game (via Homebrew Channel, and some other homebrew software), looked in the binarys, and found their code, including the full credits to the ScummVM team, with several place holders for the Mistic Team.
The facts were:
* There is a GPL violation (their denial has to be proven in a court, strings in executables and the bug above clearly show it)
* Atari could not release source codes because of Nintendo NDA
* Atari could not put GPL clause because of Nintendo NDA
* Atari could not "buy out" ScummVM from us
* There is no possibility to double license ScummVM, at least SCUMM engine
* ScummVM team does not need any money as a "bribe to keep silent"
All copies of the following games have a limited time left to be sold. At that point, all copies must be bought back by Atari, and destroyed. If any copies are sold after the time limit expires, Atari faces fines. These fines are massive.
Game List :
Pajama Sam
Freddi Fish
SPY Fox
and any versions of them released world wide.
What does this mean for GameStop and similar stores that take trade ins? Can Atari be sued for games that are REsold that include this GPL violation? Your thought and opinions?
http://sev-notes.blogspot.com/2009/06/gpl-...violations.html
Here's the basic details
* Apparently Atari contracted porting work to their long time partner, Majesco Entertainment.
* Majesco Entertainment in turn subcontracted the work to Mistic Software, a Canadian-based game shop
* Mistic Software has its development office in Chernigov, Ukraine, locally presented as Mistic Soft LLC who did the actual work
The GPL violation was found by a couple of fans in the Freddy Fish game (in 0.9.0, there is a bug, a gfx glitch in the beginning of the game). Once the ScummVM team got 2 reports, they dumped the game (via Homebrew Channel, and some other homebrew software), looked in the binarys, and found their code, including the full credits to the ScummVM team, with several place holders for the Mistic Team.
The facts were:
* There is a GPL violation (their denial has to be proven in a court, strings in executables and the bug above clearly show it)
* Atari could not release source codes because of Nintendo NDA
* Atari could not put GPL clause because of Nintendo NDA
* Atari could not "buy out" ScummVM from us
* There is no possibility to double license ScummVM, at least SCUMM engine
* ScummVM team does not need any money as a "bribe to keep silent"
All copies of the following games have a limited time left to be sold. At that point, all copies must be bought back by Atari, and destroyed. If any copies are sold after the time limit expires, Atari faces fines. These fines are massive.
Game List :
Pajama Sam
Freddi Fish
SPY Fox
and any versions of them released world wide.
What does this mean for GameStop and similar stores that take trade ins? Can Atari be sued for games that are REsold that include this GPL violation? Your thought and opinions?