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Mupen64Plus "Code License"

paulscode

New member
I was recently made aware that some branches of my app (Mupen64Plus, Android Edition.. a port of Mupen64Plus to Android), published by a couple of other developers, were taken down from Google Play after an individual named Michael T. (For privacy reasons, I'm not writing his full last name), filed a DMCA claim with Google. In it he cited the following copyright violation:

These developers have stolen our source code and rereleased it as an app filled with adware. He has violated our Code License.

Despite the fact that one of the targets was an individual who did the same thing to me and I was certainly not sad to see him go, this still concerns me a great deal. Since Mupen64Plus is released under the GNU General Public License Version 2, and the developers released the full source code for their apps, I do not understand what term of the license was violated. The statement implies that attaching an adware system to a project is a violation of the GPL. I do not see anywhere in the license that indicates this. I suspect this wasn't the only problem that Michael had with the apps, though, because one of the apps he had taken down didn't have adware in it.

I have a couple of questions, perhaps some folks on here may know:

1) Is there an individual named Michael on the Mupen64Plus dev team? (I would assume he goes by a developer alias if so) I want to rule out the possibility that this individual was just pretending to represent Mupen64Plus and abusing the DMCA for whatever reason.

2) Specifically, which term in the GPL was violated (I assume there were different violations for each app cited, since like I mentioned not all of the apps had adware in them)

3) Does anyone on the Mupen64Plus dev team have a problem with my app (Mupen64Plus, AE)? If so, what specifically, and what do you want to see done to correct it?
 

Malcolm

Not a Moderator
2) Specifically, which term in the GPL was violated (I assume there were different violations for each app cited, since like I mentioned not all of the apps had adware in them)

Adware being included wouldn't cause a GPL violation but not publishing the modifications to the source would be. Only thing I can think of.

So, if it was just a wrapper around the original code no issues, really. If there were mods to the source code to have it run on Android, or the adware code was built into the core some way then it would be a violation.

As far as I can tell anyway, I'm not a lawyer.
 
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paulscode

paulscode

New member
That's the thing. All of them had the full source code posted on SourceForge (yes there were heavy modifications to make it run on Android.. I wrote or incorporated most of these modifications into Mupen64Plus AE, which these apps were branched from). Even the linkage to the adware code was posted in their respective repositories. It doesn't seem that the issue was not releasing the source code, but rather with the adware itself (although one of them didn't have adware anyway). I'm not a lawyer either, so just trying to figure this out and make sure I'm not in violation of anything with my project too.
 

Malcolm

Not a Moderator
Oh, the modified source code would also have to be released under the GPL to stay in bounds of the license too - forgot about that.

I'm not sure if Mupen64[Plus] is in some way registered, so having the application named after the original could cause an issue. Having in the credits, the about section, or referenced in a fairly visible location a "Based off Mupen64" disclosure should be good enough for the GPL.

Based off of what you're saying though, it sounds more like someone didn't like the fact that the emulator was returning some financial benefit via the ads.
 

Richard42

Emulator Developer
There is no-one on the Mupen64Plus development team named Michael T. The language in the quote you supplied suggests that he is not well versed in IP law. You cannot "steal" the source code of an open source program. The GPL does not prohibit you from modifying the software to introduce ads and then re-destributing the program, as long as the source code to all of your modifications is included. If he (or you) introduced source code with a more restrictive and GPL-incompatible license to the program then he (or you) may be violating that license as well as infringing my copyright by distributing my software with the included GPL-incompliant code. I would be willing to write or talk with Google if you like.
 
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paulscode

paulscode

New member
They were all released under the GPL, so I'm thinking the same thing that it was an issue with a profit being made (although the GPL specifically addresses this in the preamble, so it isn't a violation of the license to make a profit, as long as the terms of the license are met).

You may have a point about the name I chose (although that wouldn't apply to the branches anyway). I mainly kept it to give the Mupen64Plus team credit, so users wouldn't think I wrote the emulator entirely myself since they did most of the work. The AE at the end distinguishes it, the icon is modified, and the documentation says that even though it is a port of Mupen64Plus it is not officially supported. Far as I know, everyone who has had problems with the app has come to me for assistance and not Richard or Hacktarux, so I feel like folks get that there's a difference. But it could still be a concern to someone.
 
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paulscode

paulscode

New member
Thanks, Richard, I do appreciate your support. I haven't figured out a good contact for Google yet that isn't automated, though (impossible to talk to a real person about a developer related issue). Emails to the support address get kicked back unless they are from a Gmail account with an open case. Maybe you could email something to my Gmail account and I could forward it to Google (although frankly I think they are ignoring my emails, because I ever get any response).
 
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paulscode

paulscode

New member
Btw, there is some LGPL code in my source (the SDL components), but the majority is GPL, and I think the two are compatible.
 

RJARRRPCGP

The Rocking PC Wiz
Looks like a copyright troll.
(Reeks of a false accusation of stealing from proprietary software and slandering.)
 

LazerTag

Leap of Faith
Looks like a copyright troll.
(Reeks of a false accusation of stealing from proprietary software and slandering.)

And you would think (not that Google is perfect by any means) they would at least have the smarts to smell troll before simply hurting the ones whom are in the right.
 
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paulscode

paulscode

New member
Google's system for DMCA claims is completely automated, so unfortunately there are no "smarts" in place to smell out the trolls. Case in point, a random guy in China got my account permanently banned by filing fake claims against the donation version of Mupen64Plus AE I had on there a while back. Never once was able to talk to a real person at Google, and my counter claims and emails to developer support were completely ignored. My guess is they'd rather just wash their hands of the whole thing rather than hiring someone to actually look into these cases to make sure they aren't complete bogus.

BTW, Techworkz (the guy whose branch doesn't have ads in it) got another DMCA filed against his app he re-published, from the same Michael T. character. This time he actually received an email as well:

I am the lead committer of the Mupen64 project, based in Romania. Do not attempt to reupload the app as I will file a DMCA claim against it. I have successfully filed DMCA claims against all N64 Emulators on the Google Play market because they all violate my code license.

If too many of your apps get taken down, your Google account will be banned.

Maybe we'll have more luck communicating with him directly this time to figure out who he is and what terms of the GPL specifically he believes are being violated. I expect he is just a random vigilante who is taking advantage of Google's flawed system to follow a calling that he apparently feels is worth committing perjury over. Really irks me that people can get away with this BS.
 

LazerTag

Leap of Faith
You know what is worse about this is the fact that Romania and China have no respect or accordance with copyright laws to begin with. You would think DMCA claims from either of those countries would be scrutinized under a microscope or just ignored altogether.
 

Moshroum

New member
Try to contact the press about Google Market vs. GPL. They screamed when Apple did such things and I am sure they will also scream when you can prove that google did this and isn't as friendly as they always try to do when marketing is involved. And not press like a little blog. CNET, Slashdot, ...
 
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paulscode

paulscode

New member
Turns out "Michael Tompkinsal" is just an alias. This is actually Brad Geng again, the same guy who got my Google Play account banned by filing fake DMCA claims against Mupen64Plus AE a few months ago so he could corner the market with his branch. The way I figured out who he is is a long story, so I won't go into it here (I have a six-page thread that goes into this thing in more detail on my forum at paulscode.com for anyone who wants more information). The guy even filed DMCA claims from this alias against his own apps published under his other alias (his head is clearly not screwed on very straight). He seems to just be someone having fun screwing around with the system because he can get away with it. Probably some 12-year old kid "joy riding" with an IP proxy.

Anyway, sorry for bringing this up on here (I probably should have done a little more homework before I started this thread).
 

smcd

Active member
I was thinking this sounded entirely familiar, and found the thread from a while back.. Saw it was "Brad" then and not now, but couldn't help but wonder if it was related. Good to see my spidey sense is still working, apparently :p
 

etking

New member
Apart from all the license stuff, I do not think it is OK to steal the work of others only to make money out of it. Mupen64plus is a free product and in my opinion it is absolutely not OK to charge money for any kind of android port, since the original project and developers will not benefit in any way.
 

Malcolm

Not a Moderator
Apart from all the license stuff, I do not think it is OK to steal the work of others only to make money out of it. Mupen64plus is a free product and in my opinion it is absolutely not OK to charge money for any kind of android port, since the original project and developers will not benefit in any way.

It's not theft if there's attribution, the license that the source code was released under expressly allows this type of usage.

I contributed to the original Mupen64 GUI code a few years back, doesn't matter to me if someone were to use that code creatively and make money off it - I was in it to help the project.
 
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Richard42

Emulator Developer
Apart from all the license stuff, I do not think it is OK to steal the work of others only to make money out of it. Mupen64plus is a free product and in my opinion it is absolutely not OK to charge money for any kind of android port, since the original project and developers will not benefit in any way.

From a legal perspective, what really matters is following the license under which the original source code is distributed. The GPL allows third parties to sell the software (profiting from the sale of software is not forbidden), as long as they abide by all of the terms of the license, which include distributing the complete (modified) source code to anyone who requests it. Paulscode has followed the license and released his modified source code as he was required to do, so he should be commended for his contributions. The other unscrupulous developers who took his (and my, and others') work and distributed as their own without following the terms of the GPL have violated the license and put themselves at legal risk.
 

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