Hacker News new | ask | show | jobs
by matheusmoreira 96 days ago
> clones of games in an open source lib are all stealing something

It's not illegal to create a compatible game engine. The functional ideas inside the games are not protected by copyright. So long as games are clean room reverse engineered there should be no problem.

Actually, even if the reverse engineering was not clean room, it might not be a problem.

Sony Computer Entertainment v. Connectix Corp.

> The object code of a program may be copyrighted as expression, 17 U.S.C. § 102(a), but it also contains ideas and performs functions that are not entitled to copyright protection. See 17 U.S.C. § 102(b).

> Object code cannot, however, be read by humans.

> The unprotected ideas and functions of the code therefore are frequently undiscoverable in the absence of investigation and translation that may require copying the copyrighted material.

> We conclude that, under the facts of this case and our precedent, Connectix's intermediate copying and use of Sony's copyrighted BIOS was a fair use for the purpose of gaining access to the unprotected elements of Sony's software.

1 comments

That's a narrow fair use exception. Many of these open game engines are effectively 1:1 decompilations of the original games, and it would be shocking if they were not effectively copyrighted the same as the original.

I don't think this has been tested in court, but the recent flood of Nintendo game decompilations is likely to change that.

Pre BSD's (386BSD) where in the same case with AT&T Unix and after a few years of rewritting code under BSD licenses they were perfectly ok to ship, from NetBSD 0.9 to FreeBSD, OpenBSD was a NetBSD fork.

Current OpenTTD has no former TTD code since decades ago. I remember Solene@ from OpenBSD (now ex-user) playing OpenTTD for MacPPC (PowerPC G4) a few years ago as she had in issue with mouse input.

Good luck running decompiled X86 code as is.