Based on a Wikipedia entry (i know not the best of sources) there were 3 games for the Wii that used the ScummVM engine illegally see exerpt: http://en.wikipedia.org/wiki/ScummVM In December 2008, the ScummVM team was informed that 3 games for the Wii 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 as required by the 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 Wiisoftware 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 fingolfin and cyx agreeing to post a press release and no longer speak of the case. The remaining copies of the games violating the GPL must be sold within a set period, after which time all remaining stock copies must be destroyed or high fines will be levied. Now, ScummVM may not be used without the team's knowledge, and 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.[7] The Three Games are: ("Freddi Fish: The Case of the Missing Kelp Seeds", . . . "Pajama Sam: No Need to Hide When It's Dark Outside", . . . and "Spy Fox: Dry Cereal", The whole situation is quite interesting.. do you think that these games could be come colletors items? Does anyone know anything else about this?
My understanding is that the agreement only applies to European sales. Here in the US, there are still many, many copies on retail shelves and these games will simply never be rare.