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-   -   Is this legal? (http://www.zophar.net/forums/showthread.php?t=5146)

Kitsune Sniper 06-16-2005 05:27 AM

Is this legal?
 
I won't mention the specific name of the site because that would be giving it free publicity, but I saw that there's a site that allows the downloading of roms for a monthly fee, and you can only run the games while the company's client software is running. I think that's a good idea.

The problem is, they use open source software to run the games.

I downloaded their client to see what was up and they use old versions of Gens, GNUBoy, Nester, z26 and ZSNES. And well, it pissed me off. Isn't the usage of these open source programs in commercial endeavours illegal? Or something like that?

hcs 06-16-2005 05:30 AM

Re: Is this legal?
 
> Isn't the usage of these open source
> programs in commercial endeavours illegal? Or something like
> that?

Depends on the license. If GNUboy is in fact licensed under GNU as its name suggests then there's nothing to prevent people from selling it, so long as the source code to any modifications is provided.

No matter how many times I type license I always feel like I'm spelling it wrong.

Kitsune Sniper 06-16-2005 05:39 AM

Comments from Livejournal
 
I saw this mentioned in a Livejournal community I visit. The owner of the site went to advertise it, and well, I complained.

Me:
I'm pretty sure the authors of the open source emulators you use do not approve the usage of their programs in commercial endeavours.

soundedmind:
We obey the rules of the new open source license. We haven't recieved any complaints from anyone. And they make their stuff open source, unfortunately, they don't have to approve.
*shrugs*

ZSNES even modified their emulator to work with our system :D


Me:
"We haven't recieved any complaints from anyone."

That's because THREE OF THE EMULATORS ARE NO LONGER BEING DEVELOPED BY THE ORIGINAL AUTHORS.

"And they make their stuff open source, unfortunately, they don't have to approve."

It doesn't matter, they didn't make these programs to make money, or for someone else to take advantage of them to make money.

I can't believe people would stoop so low as to do something like this.


soundedmind:
Ok. I'm sorry but I'm not going to argue with you on this.
I'm sorry that you don't approve.
But it is open source annd 1005 legal.
Thank you.


I still don't buy it. The service seems good, it's the usage of these programs that bugs the hell outta me.

Lenophis 06-16-2005 05:43 AM

Re: Is this legal?
 
<blockquote><font class="small">In reply to:</font><hr>

but I saw that there's a site that allows the downloading of roms for a monthly fee,

<hr></blockquote>
They are making money off of licensed products from Nintendo, Sega, Sony, and whathaveyou. THAT is illegal. Using and selling open source software, well, as long as GNU agreement is complied with, they can do whatever the hell they want with it. But selling roms is the no-no.

SwampGas 06-16-2005 07:39 AM

Re: Is this legal?
 
If it's who I think it is, then it's perfectly legit. They own the actual carts to the roms they provide...they provide the source to the programs they use...and it's all good.

You sound jealous because you didn't think of it and make money off of it.

Lenophis 06-16-2005 09:13 AM

Re: Is this legal?
 
<blockquote><font class="small">In reply to:</font><hr>

If it's who I think it is, then it's perfectly legit. They own the actual carts to the roms they provide...they provide the source to the programs they use...and it's all good.

<hr></blockquote>
Yeah, and I own carts to the roms I own, but I can't distribute them. Why are they exempt from the psycho copyright law?

MooglyGuy 06-16-2005 01:24 PM

Technically? It's legal.
 
But not for the reasons he listed. "It's open source, so we can freeload off of their work and bilk people out of money" is not a valid reason. The reason why it's technically legal is that unless the authors of the emulator specifically forbade people from making money off of their work, there's nothing they can do. It's also why eBay auctions for arcade ROM CDs with MAME and MAME cabinets loaded with ROMs are being pulled (though legal auctions like HanaHo ArcadePCs are not). They've got a trademark, and since day one the license has forbidden making money off of the MAME name without permission from the authors.

Audigy 06-16-2005 02:27 PM

Re: Is this legal?
 
> If it's who I think it is, then it's perfectly legit. They
> own the actual carts to the roms they provide...they provide
> the source to the programs they use...and it's all good.
> You sound jealous because you didn't think of it and make
> money off of it.

Ow, zing.

The general consensus is that if you own media, and dump it to digital format, that does not give you the license to share it with anyone.

MPAA and RIAA agree with me, and surely the IDSA does also.

Passive-aggressiveness doesn't suit you, Mr. Gas. :)

Kitsune Sniper 06-16-2005 02:44 PM

Re: Is this legal?
 
> You sound jealous because you didn't think of it and make
> money off of it.

Actually, I made $550 in two weeks with a $20 investment by selling items on eBay, so I don't need to do shit like that to survive.

Kitsune Sniper 06-16-2005 02:46 PM

Re: Technically? It's legal.
 
MAME was the reason that I made this post. I know Aaron Giles is going to great lengths to keep MAME out of a commercial project and off of eBay; what's to stop those retards from selling the emulators sometime in the future?


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