Retron 5 source code discussion

Translation:

EDIT:

From what I understand, what they are claiming is that they aren't using libretro in their *frontend*, which isn't GPLv3 and they haven't released the source for it.

 

Typical Damage control.

It's like when you catch someone stealing something where you work, and you tell them to put it back and they try to play dumb or claim they didn't steal anything.

This LITERALLY happened to me yesterday at work. While I was looking directly at the person. (Is actually the 2nd time they've done it while I am on shift)

 

If the units they ship now are compliant then you have no claim against those. You could sue for damages, but even the big patent cases haven't triggered recalls.
The cheapest way is to contact the FSF, but I heard they only get involved if you assign your copyright to them (which I believe prevents you dual licensing the code in the future).

If calls go direct from your front end, through the mit wrapper, to the core in the same process then you have a problem as the wrapper will silently become gplv3 licensed and the licenses for the cores they are distributing are incompatible with that (they specifically list wrapper libraries as not helping you mixing gpl and non gpl code). If the cores run in separate processes to the front end then you might be ok, but you should probably run that past gpl. Especially if you're considering assigning copyright to the FSF, as they could enforce it against you.

 

Pretty sure the problem is the "non-commercial" aspect of all of this. Releasing their patches helps but it doesn't bring them into full compliance.

They need to discontinue the product. Everyone needs to write negative Amazon reviews and everywhere else this thing exists.

 

I don't think any of the customers care where parts of the source code came from or what a GPL whatever licence is as long as it works and plays their carts.

 

That and the gpl aspect, I received object code(for the r5 frontend/home app) which they have as much as admitted included some GPL'd code so by my understanding of GPL v3 hyperkin must also provide me with a way to get the source code(which I have requested, and they have not technically said no to me yet)

This seems a bit hyperbolic, by my understanding of the licences a third party could take on the role of distributing the r5 frontend with snes and gens and hyperkin could ship with only the gpl'd cores and they would basically be compliant if they also release source(at least as compliant as retroarch assuming their 'api' is similarly mit licenced)

 

Let me rephrase that: the need to discontinue the product as it currently exists. If the code is non-commercial that's the end of it, you cannot use it in a commercial product (which is exactly what the Retron is. A commercial product). The authors of the various emulators might be able/willing to re-license it but they would expect back payments for use of stolen code. IANAL and I don't pretend to be one but as it stands the product is violating the non-commercial agreements here and thus shouldn't be on the market until this is resolved.

It's really a question of how the authors of the respective emulators feel. They may not want to bother either way or there may be multiple authors and if one of them cannot be reached that's the end of it, you can't use that code. Problem is they're going to continue to do whatever they want be it compliance or non-compliance.

 

Dear smf, you fungal rimjob.
Go fuck a bear trap.

This.
No customer would ever give a shit as to where the product comes from, as long as the fucking piece of shit works.

 

mudlord, that's a very childish and insulting thing to say, I don't like your pick of words. Business is business. The only thing that matters is money and seemingly happy users. It's nothing new that business people try a nasty strategy in hope that they won't get caught, especially with open source codes. Sadly.

Although, with your attitude no-one would ever make a Retron 5 in the first place. Not sure if I love the product that much, but it has to be awesome for at least a bunch of retro game lovers. I'm all in for original consoles though..!

 

OUYA > Retron 5

 

Pat just posted a video about the Retron5, just about to watch it:
https://www.youtube.com/watch?v=0ChhWQgZaSc

 

thanks for posting this it cleared up a lot for me

 

Mudlord is taking a bit of a break for his outburst. There was absolutely no need for that and he had already been warned.

I made it clear when I started this post, out of necessity due to the bitching on the other thread, that insulting other users WILL NOT BE TOLERATED. I get that you're annoyed that Hyperkin used your code without permission. As I keep saying, deal with it legally - DO NOT take it out on our users.

Any further abuse will result in the closure of this thread and a ban.

 

the laziest/awesomest way they could come into compliance would be to ship with AOSP launcher, the rom dumping bits and instructions on how to side load software

just slap a sticker on the box, *requires third party software downloaded from the internet

maybe even go one step further and include fdroid! (with attribution and source of course )

 

Wow this was a fascinating read all the way. To be honest I am not surprised at this outcome, however that doesn't mean I excuse the actions by that company. This seems like a textbook case for the FSF to step in and litigate as they did when Linksys/Cisco was found to be pulling a similar stunt.

This also reminds me how much I wanted a Retrode, I wish they still made them

 

Ultimately, this is all going to come down to whomever is willing to lawyer up.

If the developers are willing to front the cost of a lawyer, a C&D letter and filing a lawsuit, (a few thousand USD), it is likely that there will either be a settlement or a withdrawal of the offending code.

However, as this is technically a civil issue, if none of the developers are willing to enforce their IP rights, there is little anyone can do about it. That is not an opinion on the moral issues at play, it is simply an observation of the legal system in the US. Hyperkin is probably banking on the latter.

 

They can never really remove the offending code considering the whole system is piggypacked from RetroArch. Many of the Emulation cores they use are literally useless without the libretro library.

This would mean developing everything from scratch. Which they've proven they won't do

 

If they are infringing, a lawsuit will force the issue.

Courts have no problem with forcing damage payments and/or recalling hardware and software.

If no one is willing to sue though, then they just keep on keepin' on.

 

Take a look at what they are using for Punch out..