Re: TuxRacer goes closed source

[Mads Bondo Dydensborg <madsdyd@challenge.dk>]

On Fri, 3 Aug 2001, Steve Baker wrote:

> There is a LOT of misinformation floating around - rumors that there
> will initially only be a Windoze version - rumors that maybe it'll be
> returned to OpenSource after some time...all sorts of random stories.
> 
> I think we deserve a clear statement of what's going on.

Would be great. I wonder if Jasmin is still hanging out here.

> Now, IANAL - but *IF* these rumors are true:
> 
>   * Patches have been presented and accepted from non-SunSpire people.
>     That's clearly explained in the AUTHORS file of 0.61.
> 
>     Those patches are GPL'ed - they have to be because it's contrary to
>     the GPL to distribute modifications of a GPL'ed package without those
>     mods also being under GPL.
> 
>     So SunSpire either have to obtain the copyright from every single one
>     of the people who have code in TuxRacer - or remove those patches
>     *before* closing the sources.  Where is the evidence that this has
>     been done?

Supposedly, people handed over their copyrights, whenever Jasmin accepted
a patch? (Or, they may have choosen to remove the patches, as you
speculate).

> 
>   * I'm told (but maybe it's another of those wild rumors) that Jasmin
>     owns the name "TuxRacer" as a registered trademark.  Does that mean that
>     the GPL'ed version now has to change it's name?  Well, I don't think
>     so because the name is everywhere in the GPL'ed sources.  Hence, I
>     maintain that the GPL'ed version (which should certainly continue to
>     be developed IMHO) should be called TuxRacer and that therefore the
>     commercial version should come up with a different name in order to
>     eliminate potential confusion.

As someone pointed out; TuxRacer seems quite Linux centric. But
apperently, they are going to release for Windows first. Maybe they could
do a version where a flying window is going downhill, eating tiny BG's or
something ;-). When that is said, I would say that Jasmin can do whatever
he likes with the name. 

> 
> I'm VERY disappointed about this - although I didn't contribute code
> to TuxRacer, I did contribute a heck of a lot of advice and suggestions
> and helped out numerous people in getting TuxRacer running on their
> systems.
> 
> I now feel that I was made to do that under the false pretense that I
> was helping out an OpenSourced product - when in fact, I was training
> employees of a company from which I get no return.
>
> 
> Since my professional consultancy services normally go for between
> $100 and $200 an hour this does not make me terribly happy.

On several occasions you have helped me (and a lot of others) out. Are we
forever to reamin open source programmers in every context? 
I would definitly prefer to be an open source programmer for always. But,
I would like to code games for a living at one time. And, I think, that
e.g. the way id software does it is great; closed source, until the
technology has no market value. 

[Above paragraph is actually the main reason I respond to your letter - is
the exchange of help, on e.g. this mailing list, using a BSD or GPL kind
of license?]

I do not think Jasmin knew that he was going closed source, when he
released version 0.10.

> 
> I don't know how the people at SunSpire can live with themselves.

Would you remain open for the possibility, that they had no actual
cashflow, and needed a wellknown businessmodel to maintain their company?

Mads

-- 
Mads Bondo Dydensborg.                               madsdyd@challenge.dk
The irony is that Bill Gates claims to be making a stable operating system
and Linus Torvalds claims to be trying to take over the world.

                                        - Seen on Linux Kernel mailing list