Wolfire is a bit ticked off today, after finding out that someone was selling their game on the Mac App Store for around $9 less than they were selling it (Thanks E. Zachary Knight). Two weeks ago, the indie developer added the game Lugaru HD to the Mac App Store for $9.99. However, shortly thereafter they were shocked to find another game, listed under "Lugaru," for $.99. Even more shocking, the game was showing up right next to their game for the full price. When faced with spending a dollar or $9, you can imagine which way consumers might go. The counterfeit game was apparently compiled using the source code and posted to the store by someone using the pseudonym of "iCoder" / "Michael Latour."
Apple, who Wolfire claims was told about the situation "days ago" via email, hasn't responded to the company's concerns about "Lugaru." Meanwhile the iCoder game remains there making money. An Apple spokesperson told Kotaku that the company is looking into it.
The source code for Lugaru was released under a GPL v2 license, which iCoder tells Kotaku, gives it the right to distribute the game for a "fee." The problem for iCoder is that the GPL license is incompatible with the Mac App Store's licensing which limits distribution. According to my understanding of the GPL license (which is admittedly limited), this invalidates iCoder's rights. Wolfire on the other hand, has the right to dual license Lugaru under the GPL and separately through the Mac App Store.
It will be interesting to see how this all plays out and whether the indie developer will sue iCoder for its actions.
Comments
Re: Dueling Lugarus on Mac App Store
Apple needs to really do something about these kinds of theif the App Store seems to be flooded with.
http://www.magicinkgaming.com/
Re: Dueling Lugarus on Mac App Store
They are:
Pointing at Google and saying "Look, they're WAY worse than us!"
Re: Dueling Lugarus on Mac App Store
"a dollar or $9"
So $.99 -> $1.00
,but $9.99 -> $9.00
It's fun to see people STILL fall for the McDonald cent...
Re: Dueling Lugarus on Mac App Store
It's amusing because it's a common marketing tactic, and so many people get fooled by the fact that it says "$9.99" not "$10" (for example).
-- Randi Tastix
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Randi Tastix - http://randomtastic.com
Re: Dueling Lugarus on Mac App Store
The problem for iCoder is not so much that the GPL is incompatible with the App Store's licensing terms (though it probably is), but rather that Wolfire has GPL'd the source code but not the assets. iCoder therefore does not have the right to redistribute the assets like they're currently doing.
Re: Dueling Lugarus on Mac App Store
yeah, the source code might be free under the GPL, but the art, text, sounds, everything else used probably isn't. It might be however.
Re: Dueling Lugarus on Mac App Store
"yeah, the source code might be free under the GPL, but the art, text, sounds, everything else used probably isn't. It might be however."
It's not. Wolfire Games was very clear in the post in which they announced the open sourcing about what was open sourced and what was still owned by them. And the game assets were still owned by Wolfire Games. People could distribute those assets for free, but could not sell them without prior consent of Wolfire Games. Which iCoder didn't get.
Re: Dueling Lugarus on Mac App Store
It's ALL still owned by them.
Probably sounds like a nitpick, but it's an important distinction: open-source software is not the same as public domain software. Wolfire Games still owns Lugaru -- all of it.
Wolfire has LICENSED the source code under the GPL, meaning they (he? Is it just one guy?) are allowing copying beyond what is granted by standard copyright -- but Wolfire still owns that copyright, and should anyone violate that license (for example, releasing a port under a different license), Wolfire has the right to legal action.
But you're absolutely right that Wolfire hasn't released the game resources under the GPL at all, just the source code. It's legal to reuse and redistribute the source under the GPL, but not the graphics, music, or maps.