UPDATE: Apple has removed the iCoder version of Lugaru from the Mac App Store, though when that was done is unknown at this time. No update to the Wolfire or iCoder sites has been made regarding the issue. However, Kotaku posted an update today in which a spokesperson for iCoder stated that they pulled them game from the Mac App Store, though gave no reason why.
…or what happens when people don’t read legal agreements, as apparently has happened to Michael Latour of iCoder, who has taken the GPL’d source code to Wolfire Games’ Lugaru and chosen to release the game, in its entirety, on the Mac App Store as his own.
Back a few months ago, during the Humble Indie Bundle 2 sale, Wolfire Games graciously set free the source code to their game Lugaru, about warring rabbits. The post regarding that release was very clear about what was free and what was not, which included that the game assets (graphics, etc) were not allowed to be resold without permission from Wolfire Games.
The game assets are included in the snapshot, and can be redistributed for free, but cannot be resold without our permission.
Apparently, Michael Latour chose not to read the license, or the initial post, when he decided to do just that…sell the game with all game assets without the permission of the developer. You can find the game on the Mac App Store under the name Lugaru, despite the fact that Wolfire Games already has the original version up there under the name Lugaru HD. A spokesperson for iCoder, Alex Maitlin, has already stated they don’t believe they are doing anything wrong.
From the Kotaku site:
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. 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.
This is obviously not the case. iCoder seems to be from every indication clearly in violation of Wolfire’s copyright. In fact, this would be no different than any company choosing to take Quake 2, also released under the GPL, and releasing the entire game on the Mac App Store. No one would be surprised if id Software were to file a notice with Apple or a DMCA takedown notice.
One would believe with such a clear violation of the agreement, Apple would decide to bring the game down off the Mac App Store immediately. Unfortunately, this does not seem to be the case. According to Wolfire Games, Apple has still not responded to Wolfire Games after several days even though the violation is quite obvious. One wonders just how much proof one needs to show Apple to prevent a violator from continuing to sell a fraud of your product on their store. Or, perhaps one needs to have a high profile name.
Whichever is the case, we will continue to monitor this situation and give updates as they occur.