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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

#151
post #108
post #97

How does using GPL impact a SaaS product?

Depends on which GPL, basic GPL can be sidestepped. The Aferro GPL (AGPL) was made specifically to handle the SaaS case.

Can you explain further what you mean by sidestepped?

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

#152

Earlier quoted context omitted.

The violation is in the distribution. If the current copyright holder distributed copies then he violated the license but more than likely they simply own the copyright to the code and other IP but haven't distributed anything.

So form a company Profit from blatant copyright infringement When the court case eventually comes, wind up the company, move the assets to another company, and you’re quids in

Not exactly. If you close a company with the intention to avoid legal consequences of your actions only to then spin up another company, there's often some kind of law in place to prevent you from benefiting.

In the UK, these are generally called "phoenix companies" and courts can step in to stop the abuse of limited liability and can apply civil penalties and criminal sanctions to company directors.

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

#153
post #122
post #98

Earlier quoted context omitted.

Older games are known for still containing various cheats to skip chunks of the game or make them easier. I'd guess a PS1 game might still have debug left in along with cheats simply either due to time pressure or someone forgot.

In my experience, we would leave the cheats in retail builds of those old games mostly because leaving them in was less risky than removing them. They had been there during all of development and testing, and we were reasonably certain of the build’s stability, but.. pull them out and your compiled code layout changes, data layout potentially changes, and who knows whether it’ll expose a new misbehaviour we’ve never…

As a kid from the 90s, I can confirm that I purchased more than a couple PS1 games that I learned about by reading their cheats lists! I wouldn't have found out about the games any other way, since we didn't get reliable internet access until much later. Those game magazines were a big influence on my younger years.

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

#154
post #42

Earlier quoted context omitted.

It depends on if and who pursues the violation. For example, apple is violating the GPL with bash by distributing a binary but not distributing all the source code used to compile it. I believe there are also violations by vmware and lots of others (I believe ubiquiti?) That said, there are legitimate ways to distribute GPL code, such as a dual license. You could write code and license it to company A under one licen…

> For example, apple is violating the GPL with bash by distributing a binary but not distributing all the source code used to compile it. https://opensource.apple.com/source/bash/bash-106.220.2/

rootless.h

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

#155
post #86

Earlier quoted context omitted.

> > Because ip cameras are shipped with binary Linux kernel images they should also provide either the exact source used or an offer of how to get the source. > These kind of devices can lead to an interesting situation. > Let's say you make Linux-based IP cameras. You accompany every single one you ship with a CD-ROM containing the complete source code. This completely satisfies your GPL obligation with regard to th…

No, you either have to distribute the source with the binary, or provide an offer to ship the source upon request. You don't have to do both. (See section 3)

Ah, I stand corrected. Thank you!

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

#156
post #128
post #125

Earlier quoted context omitted.

True, and in practice most copyright holders who release their work under the GPL feel similarly. However, in general a copyright holder is under no obligation to accept such a settlement, and in principle if you distribute GPLed work without conforming to the GPL terms then you are liable for statutory damages (in the US, $50k for accidental infringement and $150k for wilful infringement, per act of infringement) ju…

Is that any copy sold, or eg any release of your software?

That's up to the courts to interpret. I don't know what the precedents are.

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

#157
post #154

Earlier quoted context omitted.

> For example, apple is violating the GPL with bash by distributing a binary but not distributing all the source code used to compile it. https://opensource.apple.com/source/bash/bash-106.220.2/

rootless.h

I'm not seeing that in the tarball?

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

#158
post #79
post #21

Earlier quoted context omitted.

> I believe your last statement is incorrect. If you distribute binary GPL'd software such as the Linux kernel you also have to provide the exact source used to generate those binaries. Because ip cameras are shipped with binary Linux kernel images they should also provide either the exact source used or an offer of how to get the source. > For example, programs compiled by gcc (GPL) are not considered derived works…

> Because ip cameras are shipped with binary Linux kernel images they should also provide either the exact source used or an offer of how to get the source. These kind of devices can lead to an interesting situation. Let's say you make Linux-based IP cameras. You accompany every single one you ship with a CD-ROM containing the complete source code. This completely satisfies your GPL obligation with regard to that uni…

That’s a really interesting theory. It’s probably more iron clad than most schemes because of the video rental case law.

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

#159
post #147
post #107

Earlier quoted context omitted.

The law does not work like technology and code. A judge would see through that in a heartbeat and go “You thought that would work? You’re kidding, right?”.

Tell that to the construction industry. This is incredibly common behavior for industries and housing construction - its what gets you out of superfund sites and repairing the subpar housing you threw up in 2010.

I woud assume that to be a case of:

1. Big Company gets what it wants because Big. Everybody pretends it’s a loophole, in order to get out of having to get in trouble with Big Company.

2. Smaller later companies uses same “loophole” and nobody can say anything, because that would be tantamount to accusing Big Company of misdeeds, and get into trouble.

I suspect these kind of situations are unstable, since as time goes by, the “loophole” will be abused more and more, and eventually it becomes untenable, and a judge will rule the “loophole” moot, (especially if the statue of limitations has conveniently expired for the crimes of Big Company). This process might be slowed in slower industries like construction and pollution, but I would imagine it to be inevitable.

My point is, since this probably only works because Big Company, it only works in similar situations where point 2 applies. It does not validate the general theory of why such things would be judged to be legal in other situations in other industries.

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

#160
post #75

Earlier quoted context omitted.

Assets do sometimes just go nowhere.

Especially when they're heavily encumbered assets, e.g. when they're part of a licensed game whose license expired long ago. (Like this one!)

Well, the license to the publisher may have, but the license from the publisher to the consumer is perpetual, and subject to the first sale doctrine.
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