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Company misuses source code to sell full game, competing with real game

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Skamberin polycounter lvl 14
While we do understand [Wolfire's] regrets, this does not change the fact that we have every legal right to market and sell the software, and we feel that $1.99 is a fair price.

Really? People actually do this? Wolfire gives out the source-code of Lugaru as a thanks for all the charity money they raised with the Humble Indie Bundle, they specifically state (in the blog iCoder uses as proof nontheless) that it's for mod making and that they may not use the code to redestribute the game without Wolfire's permission.

iCoder ports the game to the AppStore (without permission) and starts selling it 2 weeks after Lugaru HD (the actual real version of the game made by Wolfire) for $8 less.

And they still have the audacity to claim they have the right to do this. They stole someone elses work and were literally able to sell it in the same damn store as the original, and Apple has not done anything yet.
We have included enough of the game data to run the demo version. Please note that the game data is not under the GPL, and forbids commercial redistribution.
I mean, it says what they're doing is illegal in the damn proof they're using that this IS legal.

I hope Alex Matlin and everyone in iCoder spend the rest of their lives struggling after this, goddamn dregs of humanity.

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  • XenoKratios
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    XenoKratios polycounter lvl 12
    Greetings, welcome to Earth.
  • Justin Meisse
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    Justin Meisse polycounter lvl 18
    This is total bullshit, by iCoder's reasoning they could do the same thing with Quake - but they won't. Perhaps an indie defense fund should be set up to combat crap like this.
  • Skamberin
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    Skamberin polycounter lvl 14
    I just don't get how they thought they were also allowed the use of all art assets and names too. Source Code means the damned code in the game, not art, name, brands and all that.
  • leilei
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    leilei polycounter lvl 14
    Skamberin wrote: »
    People actually do this?

    Yes. There are a lot of nuts like them that misinterpret the term 'open source' being synonymous with 'public domain' and take advantage of their own ignorance making a quick buck off of other's work (in this case, the data set and the trademarks). It's not the first time this has happened on the AppStore.

    Kind of sad how some intentionally mistake partially open source (code only) releases as a fully open source release to derive copyrighted work off of to con with, assuming the whole game and its media were free entirely to 'do what you want' with.
  • aesir
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    aesir polycounter lvl 18
    <--- waiting for certain polycounters who support piracy to step in and explain why this is perfectly fine.
  • oXYnary
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    oXYnary polycounter lvl 18
    I don't think those polycounters would as this is reselling someone else's work as your own.
  • r_fletch_r
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    r_fletch_r polycounter lvl 9
    oXYnary wrote: »
    I don't think those polycounters would as this is reselling someone else's work as your own.

    don't hold your breath.
  • Habboi
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    Habboi sublime tool
    Disgusting really. Even worse that charity is involved.

    I'm working on my own Iphone game and doubt anything like this would happen to me but I would not be amused if Apple didn't sort it out immediately.
  • Justin Meisse
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    Justin Meisse polycounter lvl 18
    I hate all these Armchair Lawyers posting in the Kotaku thread saying how it's legally OK. They released the source code, not the assets or name.
  • WarrenM
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    I wonder how they'd feel if someone did the same thing with Doom. I'm guessing they wouldn't be so forgiving of someone ripping off id.
  • Wells
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    Wells polycounter lvl 18
    this enrages me
  • Ben Apuna
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    Wow! that's horrible.

    For the iCoder employees blacklist themselves in the rest of the industry for a fast $. Seems kind of insane to me.

    But then again if the best they've got is to copy other people's code and art to make money then I suppose they don't have the skills to make it anywhere else anyway.
  • Skamberin
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    Skamberin polycounter lvl 14
    Hboybowen wrote: »
    I dont see how this and software piracy has anything to do with each other:thumbdown:
    *Take other persons work, give it away/sell without their permission* Seems like both are morally abhorrent and illegal.

    This is actually worse since they took the trust the dev gave them, threw it in the trash, stole from the dev, sold it for profit and spit in the devs face when confronted about it.
  • Bigjohn
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    Bigjohn polycounter lvl 11
    aesir wrote: »
    <--- waiting for certain polycounters who support piracy to step in and explain why this is perfectly fine.

    Oh hi there! I haven't been in a discussion about piracy in like 3 hours now.

    But yeah, this one doesn't apply.

    First off, assuming you were talking about me, I never ever said piracy was fine. Just that it's not a crime we should use guns to punish.

    Second, this isn't piracy, just dumbness. To quote the person selling the product:
    "The license we were granted allows for non-exclusive redistribution of the source code or the compiled product, modified or unmodified, for a fee or free of charge."

    IF that's true, assuming he's not lying, then wtf? Why would anyone use this kind of license, then be surprised when someone actually sells it? Not to mention give the freakin' source code on their website. My mind is blown.

    This isn't about piracy at all. Just poor business.
  • Bigjohn
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    Bigjohn polycounter lvl 11
    Skamberin wrote: »
    *Take other persons work, give it away/sell without their permission* Seems like both are morally abhorrent and illegal.

    Only they did get permission. In fact, everyone did when the project went open-source.
  • aesir
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    aesir polycounter lvl 18
    Hboybowen wrote: »
    I dont see how this and software piracy has anything to do with each other:thumbdown:

    it's just data, you're not really stealing it from them, it's just a copy, you're free to do whatever you want with it, etc etc etc

    to bigjohn: wasn't speaking to anyone in particular
  • eld
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    eld polycounter lvl 18
    They never had any rights to the assets, they're all still wolffires.
    Only the code was GPL2'd

    So they can make cyborg ninja space game using the sourcode and sell it as many times they want, they need to supply all sourcecode changes in any case.
    They cannot however sell the game using the assets of the game, since they were never a part of the source deal, the IP and assets still belong to wolffire.

    It's the same with doom 1,2 and quake 3, all the sourcecode for those games are GPL, but you can never sell the games themselves.

    Then I believe there's also a part somewhere in there that you can't trick people, and that you have to notify the user (money involved or not) that there source is available, and all source-changes has to be available.
  • ceebee
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    ceebee polycounter lvl 14
    Where are the Wolfire polycounters to comment on this?
  • Cojax
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    Cojax polycounter lvl 10
    Isn't this what Copyright and Lawyers are for?
  • ZacD
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    ZacD ngon master
    Cojax wrote: »
    Isn't this what Copyright and Lawyers are for?

    Shouldn't apple's review process caught this? or at least been quicker to remove the ripped version?
  • Justin Meisse
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    Justin Meisse polycounter lvl 18
    Bigjohn wrote: »
    Only they did get permission. In fact, everyone did when the project went open-source.

    snip from the blog post:

    "The game assets are included in the snapshot, and can be redistributed for free, but cannot be resold without our permission."
  • Cojax
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    Cojax polycounter lvl 10
    ZacD wrote: »
    Shouldn't apple's review process caught this? or at least been quicker to remove the ripped version?

    Yes, but after multiple failed attempts by Apple to protect there IP / Product maybe they should take it seriously and run a real business instead of complaining. As soon as you start to sell a product like this your in the crude world of business, and if you want to protect your product you can't just rely on Apple.

    This opinion is only based off the Kotaku article, who knows what else is going on.
  • selentic
  • uneditablepoly
    This is fucking ridiculous. I hope they're all out of fucking jobs next week. What assholes..
  • Bigjohn
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    Bigjohn polycounter lvl 11
    snip from the blog post:

    "The game assets are included in the snapshot, and can be redistributed for free, but cannot be resold without our permission."

    Ahh I see. In that case, yeah, this is bullshit and needs to be removed from the appstore, if not worse.
  • Joshua Stubbles
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    Joshua Stubbles polycounter lvl 19
    I just read the whole GPL document. From what I gather, anything under a the GPL can be redistributed and in fact, sold, SO LONG as it's marked as being different and has no relation to the previous author's work (so I can't copy Wolffire's game and sell it as Wolffire2, etc).

    Secondly, the assets of Wolffire are not under GPL, expressibly so. So this iCoder douchewaffle is in fact, breaking the law and GPL license as stated. He's using the same non-GPL assets and has kept the product close enough to the original that it's in violation.
  • Ghostscape
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    Ghostscape polycounter lvl 13
    ceebee wrote: »
    Where are the Wolfire polycounters to comment on this?

    Ninjas and anyone else who works there probably can't comment on it, and even if they can, probably shouldn't since at this point its looking like a legal issue and there isn't anything they could post here that would help their legal battle.

    But yeah, fuck these iCoder guys.
  • Ninjas
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    Ninjas polycounter lvl 18
    yeah, I don't want to comment too much about it. I think we made it pretty clear that we didn't grant the rights to use any of the art, or intellectual property for commercial use.

    It is kind of amazing to see this kind of behavior.
  • Xoliul
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    Xoliul polycounter lvl 14
    Ninjas, you guys planning to go to court or anything? I don't think I've ever seen anything this blatant happen...
  • Skamberin
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    Skamberin polycounter lvl 14
    Well seems this got worked out. I would like to see iCoder suffer for this though, either by going bankrupt or having to give all the money they made on this to Wolfire. Also shows how unprofessional the Appstore is. But eh, glad it's taken down, shows that you can't even be kind without getting shit for it.

    But I guess that doesn't stop Wolfire from being a huggable bunch:
    We don't think that the customers should be punished for buying the fake version -- they probably just assumed that all the games in the App Store are legitimate. We would have assumed the same thing until last week! If you accidentally purchased the fake Lugaru, you can forward your receipt to contact@wolfire.com and we will give you an authentic version of Lugaru HD, as well as a bonus Steam key for your trouble.
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