Mistic Software
Encyclopedia
Mistic Software, Inc. is a video game development company, founded in 1997, currently developing games for the Nintendo DS
, Wii
and iPhone
. Mistic is owned by Atari
as of 2002.
console were using ScummVM illegally. Atari
had contracted Majesco Entertainment
to port these titles to the Wii, who in turn contracted Mistic Software
to port the games. Mistic used the ScummVM binary (version 0.9.0), in addition to the games' assets and source code, to port the games, but did not credit the ScummVM team or distribute ScummVM source code as required by ScummVM's license, the GNU GPL. Examination of the binary showed a clear violation; the ScummVM team credits were still in the code, as well as known bugs from that release.
The team contacted gpl-violations.org
for legal representation. At first denying the charges, Atari later started negotiating when they learned the ScummVM team only desired adherence to the GPL, and not monetary compensation. However, upon learning that using open-source software
is forbidden by Nintendo
for use with the Wii
software development kit
, the developers challenged the legality of the reverse engineering methods used by the ScummVM team, claiming that they therefore had no rights over the resulting code. The ScummVM team denied these charges.
Faced with a long court battle, the matter was settled by ScummVM team members fingolfin and cyx, who agreed to post a press release and no longer speak of the case. The remaining copies of the games violating the GPL were ordered to be sold within a set period, after which time all remaining stock copies must be destroyed or high fines will be levied. As a result, Mistic must make a donation to the Free Software Foundation
in addition to paying all expenses incurred by the lawyers working for gpl-violations.org.
Nintendo DS
The is a portable game console produced by Nintendo, first released on November 21, 2004. A distinctive feature of the system is the presence of two separate LCD screens, the lower of which is a touchscreen, encompassed within a clamshell design, similar to the Game Boy Advance SP...
, Wii
Wii
The Wii is a home video game console released by Nintendo on November 19, 2006. As a seventh-generation console, the Wii primarily competes with Microsoft's Xbox 360 and Sony's PlayStation 3. Nintendo states that its console targets a broader demographic than that of the two others...
and iPhone
IPhone
The iPhone is a line of Internet and multimedia-enabled smartphones marketed by Apple Inc. The first iPhone was unveiled by Steve Jobs, then CEO of Apple, on January 9, 2007, and released on June 29, 2007...
. Mistic is owned by Atari
Atari
Atari is a corporate and brand name owned by several entities since its inception in 1972. It is currently owned by Atari Interactive, a wholly owned subsidiary of the French publisher Atari, SA . The original Atari, Inc. was founded in 1972 by Nolan Bushnell and Ted Dabney. It was a pioneer in...
as of 2002.
Partners
Mistic is working with or has worked with these companies:- AtariAtariAtari is a corporate and brand name owned by several entities since its inception in 1972. It is currently owned by Atari Interactive, a wholly owned subsidiary of the French publisher Atari, SA . The original Atari, Inc. was founded in 1972 by Nolan Bushnell and Ted Dabney. It was a pioneer in...
- ActivisionActivisionActivision is an American publisher, majority owned by French conglomerate Vivendi SA. Its current CEO is Robert Kotick. It was founded on October 1, 1979 and was the world's first independent developer and distributor of video games for gaming consoles...
- EA Mobile GamesElectronic ArtsElectronic Arts, Inc. is a major American developer, marketer, publisher and distributor of video games. Founded and incorporated on May 28, 1982 by Trip Hawkins, the company was a pioneer of the early home computer games industry and was notable for promoting the designers and programmers...
- HumongousHumongous (game developer)Humongous Inc. is an American video game developer. The company is known for its line of educational games for children. Atari now owns Humongous Inc.-History:...
- The Game Factory
- Warner Bros. Interactive Entertainment
- HasbroHasbroHasbro is a multinational toy and boardgame company from the United States of America. It is one of the largest toy makers in the world. The corporate headquarters is located in Pawtucket, Rhode Island, United States...
- Wizards of the CoastWizards of the CoastWizards of the Coast is an American publisher of games, primarily based on fantasy and science fiction themes, and formerly an operator of retail stores for games...
- NelvanaNelvanaNelvana Limited is a Canadian entertainment company founded in 1971 known for its work in children's animation. It was named by founders Michael Hirsh, Patrick Loubert and Clive A. Smith after a Canadian comic book superheroine created by Adrian Dingle in the 1940s...
- MarathonMarathon Media GroupMarathon Media Group is a worldwide French television production company based in Paris that produces shows for all ages: children, teenagers and adults....
- DupuisDupuisÉditions Dupuis S.A. is a Belgian publisher of comic books and magazines.Based in Marcinelle near Charleroi, Dupuis was founded in 1922 by Jean Dupuis, and is mostly famous for its comic albums and magazines. It is originally a French language publisher, but publishes many editions both in French...
- Midam Productions
Mistic's GPL violations
In December 2008, the ScummVM team was informed that three games for the WiiWii
The Wii is a home video game console released by Nintendo on November 19, 2006. As a seventh-generation console, the Wii primarily competes with Microsoft's Xbox 360 and Sony's PlayStation 3. Nintendo states that its console targets a broader demographic than that of the two others...
console were using ScummVM illegally. Atari
Atari
Atari is a corporate and brand name owned by several entities since its inception in 1972. It is currently owned by Atari Interactive, a wholly owned subsidiary of the French publisher Atari, SA . The original Atari, Inc. was founded in 1972 by Nolan Bushnell and Ted Dabney. It was a pioneer in...
had contracted Majesco Entertainment
Majesco Entertainment
Majesco Entertainment is a video game publisher founded in 1986.-History:Majesco first made a name as a reissuer of old titles that had been abandoned by their original publisher. By cutting the prices dramatically and, eventually, arranging the rights to self-manufacture games for both Nintendo...
to port these titles to the Wii, who in turn contracted Mistic Software
Mistic Software
Mistic Software, Inc. is a video game development company, founded in 1997, currently developing games for the Nintendo DS, Wii and iPhone. Mistic is owned by Atari as of 2002.-Partners:Mistic is working with or has worked with these companies:*Atari...
to port the games. Mistic used the ScummVM binary (version 0.9.0), in addition to the games' assets and source code, to port the games, but did not credit the ScummVM team or distribute ScummVM source code as required by ScummVM's license, the GNU GPL. Examination of the binary showed a clear violation; the ScummVM team credits were still in the code, as well as known bugs from that release.
The team contacted gpl-violations.org
Gpl-violations.org
The gpl-violations.org is a not-for-profit project founded and led by Harald Welte in 2004. It works to make sure software licensed under the GNU General Public License is not used in ways prohibited by the license.-Goals:...
for legal representation. At first denying the charges, Atari later started negotiating when they learned the ScummVM team only desired adherence to the GPL, and not monetary compensation. However, upon learning that using open-source software
Open-source software
Open-source software is computer software that is available in source code form: the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, improve and at times also to distribute the software.Open...
is forbidden by Nintendo
Nintendo
is a multinational corporation located in Kyoto, Japan. Founded on September 23, 1889 by Fusajiro Yamauchi, it produced handmade hanafuda cards. By 1963, the company had tried several small niche businesses, such as a cab company and a love hotel....
for use with the Wii
Wii
The Wii is a home video game console released by Nintendo on November 19, 2006. As a seventh-generation console, the Wii primarily competes with Microsoft's Xbox 360 and Sony's PlayStation 3. Nintendo states that its console targets a broader demographic than that of the two others...
software development kit
Software development kit
A software development kit is typically a set of software development tools that allows for the creation of applications for a certain software package, software framework, hardware platform, computer system, video game console, operating system, or similar platform.It may be something as simple...
, the developers challenged the legality of the reverse engineering methods used by the ScummVM team, claiming that they therefore had no rights over the resulting code. The ScummVM team denied these charges.
Faced with a long court battle, the matter was settled by ScummVM team members fingolfin and cyx, who agreed to post a press release and no longer speak of the case. The remaining copies of the games violating the GPL were ordered to be sold within a set period, after which time all remaining stock copies must be destroyed or high fines will be levied. As a result, Mistic must make a donation to the Free Software Foundation
Free Software Foundation
The Free Software Foundation is a non-profit corporation founded by Richard Stallman on 4 October 1985 to support the free software movement, a copyleft-based movement which aims to promote the universal freedom to create, distribute and modify computer software...
in addition to paying all expenses incurred by the lawyers working for gpl-violations.org.