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The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

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Re: The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

#12

Does this mean that any GPL project could reuse source code from this game, under the logic that it all inherently must be GPL licensed? I'm pretty sure the answer is "no", but I'd like to know why, it makes logical sense...

I'm pretty sure the answer is "yes" if the violation is true and the game has been distributed. Tit for tat.

Re: The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

#13
post #5
post #3

what's the consequence if someone's product violates GPL ?

If the copyright-holder of the GPL'd work doesn't do anything, the consequences are... nothing. The owners of lots of GPL'd works such as the GNU project tend to take an approach of quiet negotiation. They will contact the violators and attempt to inform them about their responsibilities when distributing GPL'd software. They want software to be free for examination and modification and many violations are unintentio…

I believe your last statement is incorrect. Applications written entirely by your developers that merely happen to run on a Linux-based operating system, distributed in conjunction with those works (Linux/Busybox/etc), are separate works within the meaning of copyright law. GPL requires you to provide complete and corresponding source for the GPL’d components and your modifications thereto, but not for independent proprietary applications.

For example, programs compiled by gcc (GPL) are not considered derived works and therefore don't need to also hold the GPL license.

In the case of the topic, that appears to be a violation as the game can be considered a derived work. Most violations are handled on a case by case basis if there is legal action due to the nature of "derived work".

Re: The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

#16

Part of me wants to express the irritation that people being neurotic about the GPL could cost us access to old games like this. I worry that someone overzealous would take down source for an 18 year old PS1 game over it.

The archivist in me loses this fight, I feel general adhering to software freedoms is more important and the greater good compared to a single game.

Re: The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

#17

Does this mean that any GPL project could reuse source code from this game, under the logic that it all inherently must be GPL licensed? I'm pretty sure the answer is "no", but I'd like to know why, it makes logical sense...

I think the answer depends if you can afford a lawyer or not.

Re: The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

#18
post #5
post #3

what's the consequence if someone's product violates GPL ?

If the copyright-holder of the GPL'd work doesn't do anything, the consequences are... nothing. The owners of lots of GPL'd works such as the GNU project tend to take an approach of quiet negotiation. They will contact the violators and attempt to inform them about their responsibilities when distributing GPL'd software. They want software to be free for examination and modification and many violations are unintentio…

I'm bad at open source licenses, but wouldn't they need to make modifications to the Linux they're running on to be required to distribute their source?

Re: The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

#19

Part of me wants to express the irritation that people being neurotic about the GPL could cost us access to old games like this. I worry that someone overzealous would take down source for an 18 year old PS1 game over it.

The archivist in me loses this fight, I feel general adhering to software freedoms is more important and the greater good compared to a single game.

A "single game" is unlikely to be affected. Many games are likely violating the GPL, and it's likely that if there are takedowns because of it, there will be a chilling effect on future source code release.

Are you really protecting software freedoms if it ends up, in fact, discouraging the process of freeing more software?

Re: The PS1 Game Spongebob Squarepants: Supersponge Violates the GPL

#20
post #5

Earlier quoted context omitted.

If the copyright-holder of the GPL'd work doesn't do anything, the consequences are... nothing. The owners of lots of GPL'd works such as the GNU project tend to take an approach of quiet negotiation. They will contact the violators and attempt to inform them about their responsibilities when distributing GPL'd software. They want software to be free for examination and modification and many violations are unintentio…

I'm bad at open source licenses, but wouldn't they need to make modifications to the Linux they're running on to be required to distribute their source?

No, the whole binary this code was compiled into needs to be GPL licensed in its entirety.
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