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Games Entertainment

Tux Racer 1.0 To Be Closed Source, Windows Only 188

rubberpaw (J. Nathan Matias) writes: "Sunspire Studios is going to release Tux Racer 1.0 as a closed source, commercial product. Tux Racer is the Free Software community's premier 3d game, and I only found out about the future closed-source release in emails from Sunspire. They are following the procedures of relicensing allowed from the GPL, so everything is legal. In response to this, I have started a project called Open Racer whose purpose is to continue development of the GPL Tux Racer. Sunspire is ok (and, I believe, happy) with everything so long as the project doesn't go into direct competition with Tux Racer 1.0. It's my goal to develop the project in a different direction in accordance with Sunspire's wishes, but I'm still looking for ideas at this point." See this Newsforge story for more details.Update: 08/02 09:55 PM by T : According to the Sunspire site, the eventual retail version of Tux Racer will have binary versions for Windows and Linux, "(and most likely the Macintosh)." The OEM version in the works, however, is presently Windows-only.

Matias writes: "Sunspire is ok (and, I believe, happy) with everything so long as the project doesn't go into direct competition with Tux Racer 1.0. It's my goal to develop the project in a different direction in accordance with Sunspire's wishes, but I'm still looking for ideas at this point."

Also, he's looking for a new maintainer -- if this project grabs your attention, pop him an email.

This discussion has been archived. No new comments can be posted.

Tux Racer 1.0 To Be Closed Source, Windows Only

Comments Filter:
  • by Anonymous Coward
    Linus owns the copyrights on both Linux and Tux the penguin. Don't allow them to use it, plain and simple.
  • by Anonymous Coward
    From http://www.wired.com/news/culture/0,1284,42209,00. html [wired.com]:
    Ewing [the creator of Tux] grants everyone permission to use and modify the Tux image as they see fit
  • Hello?? The horrific blood-curdling scenario you describe is still a lot better for the user community than "work on your commercial product, sell the first buggy version with end-user license agreement, get suggestions, feedback from your target victims, bug testing galore still all for free, then release a supposedly less buggy version and make your victims pay for it all over again and by the way they still don't get any source code and are solely reliant on you to fix the bugs" which is today's reality and I don't mean just Microsoft. I've even been subjected to this early-adopters-pay-twice nonsense for cheesy little third-party apps on palmtops.

    If "release the first buggy version as GPL" became common in commercial software, it would be an improvement, not a reason to cry in your beer.

  • by Anonymous Coward
    > I think he can relicense his software, but the better question is: how can an author relicense all the bug patches and fixes made by others?

    If contributions are small (bug fixes), then the GPL doesn't apply to them

    For bigger contribution (ie: portion of the code where he is no longer the copyright owner), than he would have a problem, unless he asked that the copyright had to be assigned to him (very unlikely). So I guess all the code is from him, with small bug fixes from external developers.

    Try to contribute to a FSF project (not only a GPLed project, a FSF, RMS stamped project). Little patches (non-significant amount of code) are copyrighted by the person that applies them (ie: not the one that submitted).

    As soon as you want to contribute a bigger piece of code, you have to assign the copyright to the FSF (which implies signing a document saying that all your contribution to project foo belong to the FSF, and snail-mailing it).

    The fact that the FSF is the sole copyright owner of those big free software projects would probably prove to be particuliary usefull if the GPLed was invalidated in court (or if RMS decided to make big bucks :-) ). This is also a reason, I guess, why there is some duplication of work, in the free software world. For die-hard RMS fans, only FSF assigned code is safe (And I think they are right, but that's a personal opinion)

    Note that the linux kernel take the exact opposite approach. Every contributror retain its copyright, which means that the linux kernel will not ever be re-licensed. If a mess ever happen (and with the millions of dollars spent against free software, it is probably only a question of time), then, well, it'll be a mess.

    Cheers,

    --fred
  • Isn't supposed to improve the products?
    I think it would be healthy for both versions to be in direct competition with one another, that way both teams would be motivated to enhance their version. You may argue that this would cannibalize the sales, but then sunspire has more resources than the free developers...

    Victor
  • well I dunno what's changed from then, but I have 0.61 (from the Red Hat Powertools) and it kicks arse.

    ---
  • by Cardinal ( 311 )
    Get over it. The penguin is a totally open mascot of the Linux operating system, free for use or modification by anyone who so desires, provided they give credit to Larry Ewing, its creator.

    For example, I recently saw two stuffed Linux penguins on a desk in the movie The Score. If you're offended about a mere racing game using the mascot, (A game that will probably never earn more than a few thousand for the developers) you must be positively beside yourself with rage over the nerve that a movie studio (Associated with the MPAA) has to use our mascot in one of its productions.

    Restating: Get over it.
  • by Wakko Warner ( 324 ) on Thursday August 02, 2001 @01:20PM (#2175668) Homepage Journal
    You just need to learn slashdot-speak.

    "XXXX To be Windows-Only" means "we read like the first couple lines of the article and assumed it was Windows-only, or we didn't read it at all and trusted the summary from the submitter."

    On a related note, "XXXX using GPLed code in closed-source application" means "we looked at the first couple paragraphs of the website, didn't see a source RPM, and decided there was no source code."

    Also, "Amiga OS 4.0 released," "Apple regains marketshare," or "story that was posted yesterday reposted today" usually means "Rob Malda smokes crack".

    - A.P.

    --

  • Maybe there wasn't any contributed by the open source community. I know I release software under the GPL but it's not to try to get 'many hands' programming on it. It's for the principle of the thing.

    By the same token, there is no reason there shouldn't be an open version based on the last GPLed release, and no reason why that shouldn't compete directly with the closed version. Deciding to go proprietary does not give you moral rights or entitle you to any sort of market. If they can sell it, fine: if not, why try and protect them in any way?

  • Just because the GPL is viral shouldn't mean any GPL'd software must remain free in perpetuity.

    To some degree it does. I have submitted patches to several GPL projects. When I submitted those patches I released my patches under the GPL, with the presumption that my work would only be used in open projects, and that no one would come along later and make a derivate of my work which they wouldn't share with me. The price of using me as a programmer is that you agree to always share the source. That is why I use the GPL and not a BSDish license.

    TuxRacer has accepted patches from lots of developers who were just like me, and to go closed source would mean that they either have permission from the authors of all of those patches (highly doubtful), that they have removed all of those patches and replaced them with something not derived from those patches (also highly doubtful), or that they are violating the implied conditions placed on that work by its author.

  • The 0.6.1 version is still available with source from tuxracer.sourceforge.net, what more do you want?

    Patry has done the work, and he has shared a great deal of the code. Who are we to complain? Now if Sunspire is using code from other contributors without getting their approval, well, that's a bad thing. I don't care what their intentions are, if they are using someone else's GPLed code illegally, then they need to be stopped.

    If the end users and enthusiasts still have the source code that they have been playing with, and apparently there are even other developers interested in the source code (according to the Debian changelog anyway). The GPL doesn't say anything about your future intentions, it simply guarantees that people who use your code have access to the corresponding version of the source code.

  • We have started the project OpenLinus, which is trying to clone Linus from various Linus memorabilia

    ...and this just had to happen when the USA banned human cloning. =( Well, I guess the OpenLinus project just needs to move somewhere else.

    =)

  • (From tuxracer.com site)

    Further, to clarify: while we will not initially release the source code to version 1.0 under the GPL (this is simply not an option for us in the commercial game market), we do intend to do so some time after the initial release.

    This is what happened with games like Doom, Quake and Abuse, and I don't think that has hurt the popularity or sales of any of the games in question...

    I think this is one of the sanest Linux game sales models, and it would work in Windows side just as well. The game companies could release the source to the games some time (year? two?) later, and say "the source is open, just don't distribute the data (oh, by the way, buy the game now, it's in the budget release shelf, really cheap now)".

  • Ever heard of Cygwin or MINGW?

    That's the stuff that lets any of those "50 programming langs on Linux" run under Windows and produce Windows code- even GUI stuff, if you use Fltk, GTK+, or Qt.

    Next time, try doing a little research BEFORE posting.
  • Correct me if I'm wrong but...

    "Sunspire is ok (and, I believe, happy) with everything so long as the project doesn't go into direct competition with Tux Racer 1.0."

    Other than being nice, does it matter if they are happy, or if in fact the free version competes with the commercial version?

    Vermifax

  • by Uruk ( 4907 ) on Thursday August 02, 2001 @01:08PM (#2175676)
    Think about it...work on your product, release it under the GPL, get suggestions, feedback from your target clients, bug testing galore all for free, maybe even some documentation. (Not likely much code since that would make closing it difficult)

    Take all of that benefit that you got from having the community show you good will because you're releasing GPL'd software, close the software, stick in a few things people can't get with the last version that was GPL'd, and release the software closed and make money off of it.

    Of course it's legal. But I don't know about ethical. Well at least they got a hell of a QA department for free.

  • you can, it's called meta moderation
  • ... maybe slamming into those mountains at high speed won't be such a bad idea with little Billy G's sliding ;).

    Try "xbill" then...
  • by CMiYC ( 6473 ) on Thursday August 02, 2001 @01:07PM (#2175679) Homepage
    If you read the second comment on the newforge site, the author of tux racer (i think that is who) posted that they fully intend to supply a linux version. They are claiming that their OEM is Windows Only. I don't know if that is a tatic to keep us from getting angry or if he really means it. Sounds like whoever wrote the story slanted it and forgot to mention Sunspire's Linux intentions.

    ---
  • I never thought much of that game... oh well. Who cares.... Boo hoo.

    Dave
  • Linux Racer ?
  • bah! Why didn't I read the tuxracer.com website?

    Sorry for misunderstanding you. Mod parent down.

  • Hi, I'm tired so I apologize if I misread.

    in fact they will be in the same box.

    Presumed translation: "Tux Racer, The Windows Version and Tux Racer, The Linux Version will be in the same cardboard container."

    Getting a Linux version added onto the CD is something that we have considered and will try to do.

    Presumed translation: "Tux Racer, The Windows Version and Tux Racer, The Linux Version *might* be in the same cardboard container." ..unless the linux version was going onto floppies..

    The only obstacle to this is the fact that our OEM agent only supports Windows products.

    Presumed translation: "Tux Racer, The Windows Version and Tux Racer, The Linux Version will *not* be in the same cardboard container." :-) .. getting this past your distributor will be tough then; epic couldn't swing it with Unreal. OTOH you obviously know a lot more about your situation than me.

    Good luck. If you package it with a linux version and it's not a complete stinker I'll buy it. I certainly enjoyed .61. Thanks for the fun game.


  • If TuxRacer is currently GPL'ed you realy don't have to take shit from anybody.

    You can do what you want, compete with the pope if you want.


    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb15CB32EF3AF9C0E5D7272 C3AF4F2snlbxq'|dc

  • >I find it very insulting that they are using the
    >Linux mascot.

    Is there no coypright issue here?

  • The only obstacle to this is the fact that our OEM agent only supports Windows products.
    Someone explain to me what this means...you guys have a program which runs on windoze and linux, right? Your "OEM agent" presses CD's, manufactures boxes, and puts them in stores, right?

    Now, WTF does the "OEM Agent" care what's on the damn CD? You guys do all the software, right?

    --Bob

  • by geojaz ( 11691 ) on Thursday August 02, 2001 @12:43PM (#2175687) Homepage
    Kinda ironic that a game about the Linux "mascot" doesn't even run on Linux...
  • You're right - I over-generalized there. I meant "it's good that the program is GPL versus closed-source", rather than "it's good that the program is GPL rather than BSD or whatnot". Thanks for the clarification, MS Bob - I knew you'd actually be helpful someday ;)

  • If it's GPL'd, you can do what you want whether or not the original author approves. You may not be able to use the name "Tux Racer" if it's trademarked, but the whole point of the GPL is that you can fork the code in situations like this without giving a care what the original author wants. People complain about the forking when it's just a result of an easily-bruised ego, but in this case I think the GPL has allowed things to work out just as they should.

    On another note, why does tuxracer.com still say that it's hosted at SourceForge? Shouldn't a commercial game company pay for their own hosting, and leave the free hosting for people who are cranking out free software without expectation of reimbursement?

  • great. I have NO problems at all with paying $$ for linux software, as long as it's good software, and especially games, as those are the one thing that keeps the windoze freaks on their windoze...

    now if valve would think this far...
  • Yes, This is perfectly allowed. The original author of a GPL'd work does not lose any rights (namely to license the product under another license agreement) when he puts a product under the GPL. Anyone else, however, given that they are not the original author, are prohibited by the GPL of re-licensing the software under different terms. There are many many many applications and software packages that allow you to choose the license you receive the program under, GPL or otherwise.

    Hmmmm.
  • The OEM is usually the publisher and they usually have a distribution strategy independent to the software developers. It is rare for the software house to handle the publishing as they are usually too small and don't have the market presence needed to get into the shops. Take as an example Myst 3 - Exile, was developed by Presto Studios, but published by Ubi Soft. If Presto wanted to relase to Linux, but Ubi Soft didn't believe that it was a viable market, then Presto would be forced to find another publisher for that platform.
  • by EvilJohn ( 17821 ) on Thursday August 02, 2001 @12:47PM (#2175693) Homepage
    From the Open Racer site:

    "Unfortunately, SunSpire Studios, for whom Jasmin now works, has decided to make a commercial version based on the Tux Racer 0.6.1 version of Tux Racer. This is perfectly legal and acceptable according to the terms of the GPL, since Jasmin is the original licenser and has the authority to relicense his program."

    Can someone more familar with the GPL than myself explain how this works? The source released under the GPL is still GPL'd, but his private fork can be closed source (because he is the original licenser)?

    // EvilJohn
    // Java Geek
  • by tap ( 18562 ) on Thursday August 02, 2001 @02:52PM (#2175694) Homepage
    There are a bunch of debian bugs, and I'm sure there were lots of other bug reports that didn't get mentioned on the news page. But what did get mentioned on the tuxracer site:

    • Arbitrary joystick axes can be mapped to Tux controls (thanks to Julie Brandon for suggestion and patch).
    • Fixed some 32-bit-isms to allow compiling on 64-bit machines (like Alphas); thanks to Jay Estabrook for the patch.
    • Darrell Walisser has ported Tux Racer to the Mac! We've placed a link in the Downloads section. Thanks Darrell!
    • I believe that this makes Tux Racer the first open-source game to feature adaptive LOD terrain. Many thanks to Thatcher Ulrich, whose code was used (see Thatcher's excellent Gamasutra article for a description of the algorithm and a link to the demo code).
    • Matt Majka has ported Tux Racer 0.61 to Mac OS X.
    I also found this news item interesting..
    I'm very happy to announce that Tux Racer is now being developed by Sunspire Studios, a very talented team of artists and developers (which happens to include me ;-). This is great news, since it means that Tux Racer development will proceed at a much faster rate. And you needn't worry --
    Tux Racer will continue to be an open source game.
  • If you read the article, they plan to eventually release the 1.0 code under the GPL.

    This, of course, is yet to be seen, but if they follow through, it appears that they are just trying a very similar open source business model to the one Aladdin has used with Ghostscript, yet with Ghostscript there doesn't seem to be a huge groundswell of negative reaction.

    Aladdin keeps the current version of ghostscript under a restrictive license (albeit still open source), and relicences under the GPL when it is a version or two old. This way, they can make money from the current version but let old versions be used for the "public good". I personally wish more software vendors would do this with their older code.

    Granted, there are differences, such as closing the source and holding off on releasing the Linux version until an OEM partner is found, but at least give them a chance to follow through on their asperations of OEM deals and see how well they deliver on the open source follow-ups before slamming them into the wall.

  • I don't know the full history of tuxracer, but this is apparently a big surprise for most users. If this has been their plan all along, then they should have been up front about it.

    It won't be the first time in history that software has been developed with free betas, but it has also been GPL up to this point. I think this, combined with the apparent fact that their plans were not widely known, is what is making people upset, particularly since Tuxracer has been sort of a "flagship" Linux game, being shipped with most distros.

    Having said that, they do say that they intend to ultimately re-license under the GPL at a later point, so I suppose we should give them the opportunity to persue their OEM deals and see if they make good on that promise.
  • by Misha ( 21355 ) on Thursday August 02, 2001 @12:41PM (#2175698) Homepage
    Linus Torvalds has decided to maintain the Linux kernel in a closed bombshell bunker, without releasing the source to anyone. We have started the project OpenLinus, which is trying to clone Linus from various Linus memorabilia in order to keep the GPL development going. Real Linus is fine with OpenLinus as long as the later does not impersonate the former.


  • Comment removed based on user account deletion
  • Sunspire is ok (and, I believe, happy) with everything so long as the project doesn't go into direct competition with Tux Racer 1.0.
    Uhhhh.... Correct me if I am wrong, but sunspire doesn't have any say over what anybody does with the GPL code base. They can relicense it that is fine, but the GPL code is out there forever right? Anybody can pick up the code and further modify it even to compete with Tux Racer. They probably can't use the name, but they sure can use the GPL code base to compete with sunspire whether sunspire is "ok" with it or not. If the author didn't like these terms, he should not have licensed Tux Racer under the GPL in the first place.

    ---
  • The GPLed version of the software can be used in whatever way anyone wants, as long as it's kept open-source. While the original copyright holders are free to not release future versions under the GPL, the genie can't be put back in the bottle. If you want to use the GPLed source to create a game that competes directly with the closed-source version, you are more than allowed to -- even if it does piss off the original authors.

    The GPL cuts boths ways, that's the important thing.

  • I played it too...Horrible. I runs at like -0.34 fps on my 600mhz tnt2 w/ 128Mb System RAM + 32Mv Video.
  • The OEM version is apparently further along than the boxed version, for which there is no publisher yet.

    In the short term, it appears that Tux Racer 1.0 will be Windows-only and closed source. What happens after that ... happens after that. It's hinted that the 1.0 source code will be released at some point as well. That would be good; I hope it does happen.

    timothy
  • (Score: -1, Redundant)

    The difference is community involvement.

    Quake 1 was entirely the work of id Software. Therefore, id could do whatever they wanted with it without consulting anyone else. TrollTech (makers of Qt) operate under the same methodology -- "GPL, or buy a license".

    However, Tux Racer includes code written by others, who must be consulted before Tux Racer is licensed under another license.

    Now, if the original author had insisted that contributors assign copyright to him, there would be no problem, because it would effectively become his code. But AFAIK it isn't.

    I know I wouldn't want to contribute code to a project that would be later stolen and turned into a proprietary product.

    On the other hand, PHP was completely rewritten from versions 3 to 4. Therefore, PHP4 is no longer GPLed, but is instead under some sort of BSD/MIT/Apache-esque license. Maybe that's what you mean by your last paragraph.
  • Damn sick...but funny in a twisted way :)

    Worldcom [worldcom.com] - Generation Duh!
  • by cr0sh ( 43134 ) on Thursday August 02, 2001 @01:11PM (#2175706) Homepage
    Hey! Drop the whole OpenRacer junk, get Tux off his belly, up onto his fins, and on a snowboard! Take the TuxRacer code and do it, or pull out and retweak the TTPAQFH code (which I think is where TuxRacer originally came from). Throw some cool sunglasses on our favorite friend - take it and run!

    Worldcom [worldcom.com] - Generation Duh!
  • If was horrified when I saw that the zoo, which proudly advertised "come see our new penguin exhibit", was using Windows PCs in the gift store.

    Talk about hippocracy!
  • > My first thought. Then I realised: the unwashed masses who don't know their asses from their elbows won't know Tux from a Stroggo, anyway, so it's "Awwwww, cute penguin!!!!!!!"

    If they don't know an ass from an elbow, they're gonna have an awful hard time figuring this game out...

    "Tech support, may I help you?"

    "Uh yeah. It says in the manual that Tux steers with his flippers, right? But aren't flippers are like arms, don't they have elbows?"

    "Yes, sir, flippers are like arms. What difficulties are you having?"

    "Well, every time I press left-arrow, he digs his left asscheek [myleftasscheek.com] into the snow instead of his elbow. His elbow always remains in the middle of the screen no matter where he goes. I don't get it! I mean, the penguin's cute and all, but I don't get the controls, man..."

  • > Let me guess, they'll market this game to Linux fans who only use Windows.... That'll go over well.

    Hey, that probably covers half the people who read Slashdot :-)

    I can hear them all now: "Cool! In addition to the FDA's new camera-pill, which lets me look at my own ass all day long, now I can look at a penguin's ass all day long too!

  • > Yes, having a female penguin falling down a mountain and hitting obstacles sounds far more politically correct than a male penguin. And from the user's point of view, wouldn't you almost be forced to look up her skirt?

    Speaking as a heterosexual male, if I've gotta look at a penguin's nether regions for an hour of gameplay per session, it might as well be a female penguin... It worked for Tomb Raider, didn't it? :)

  • The OEM agent has to sell the software to stores, no? Some don't want to deal with the added hassle of selling alternative software.
  • Well, I look at you're message and see that you obviously lack the ability to follow an arguement. The guy who posted before me asked asked why an OEM should care what the hell software is on the CD. I said because sometimes the software is not compatible with mainstream OSs, which makes it harder to sell to stores. Obviously you missed the concept that an arguement can have subsections that are broader than the core issue.

    As for the .sig issue, I don't make fun of you for using an OS that lacks basic plug and play features (XFree can't detect non VESA monitor modes such as 1152x864 @ 85 Hz without resorting to modelines) so you don't make fun of me for using an OS that lacks a decent POSIX API.
  • Yes, XFree86 will happily detect modes that it supports. Unfortunately, these seem to be the standard VESA modes, so it will not detect modes like 1152x864 @ 85 Hz (which is what I run my monitor at). It defaults to the same res at 75Hz instead (which gives me a headache). In fact, I usually end up stealing the modelines of a BeOS machine, since BeOS does indeed detect the more strenuous modes correctly.

    BTW> I was running XFree86 4.1 on Gentoo RC5.
  • by bconway ( 63464 ) on Thursday August 02, 2001 @12:53PM (#2175714) Homepage
    It seems like whenever a project becomed GPLed, the name is changed slightly from the original to include the word open, making it totally non-descript. While I will admit that the Star in StarOffice really had nothing to do with the product, Tux Racer says it all. Changing the name to Open Racer says nothing about the software and makes it sound so...plain. Would they be willing to accept suggetions for a different name for the GPLed branch, and does anyone have any good ideas?
  • OPENSOURCE FOUND TO BE GAMING DEAD END

    January 4, 2002 -- Los Angeles -- The opensource community's first major game turned out to be a major bust, with total sales for 2001 at a mere 300 units, including promotional copies.

    Tux Penguin, a game developed specificially for the Linux community, showed game retailers that there is little support for non-Windows games.

    "In our surveys, we found not a single Linux gamer bought a copy," said Amanda Hugginhold, analyst for the independent Wintel Gaming Industry Coalition. "Apparently getting people who've lived on free software to pay for something is a whole different matter."

    Although rumors of compatibility issues leading to the game's unpopularity were raised, Sunspire Studios CEO Eric Hall said the concerns had no validity.

    "We give no credit to claims that our exclusive release on the Windows operating system impacted sales," said Hall. "Anyone knows that a serious gamer can reformat his Linux system with Windows and get playing in minutes. We're 100% hardware compatible and they know it."

    When asked if the feature of a Linux mascot in a Windows game had any impact on the record underperformance, Hall was equally unconcerned.

    "Who says those Linux geeks have a monopoly on Penguins? Bill Gates alone could buy all the penguins in the Antartic and then where would they be? Logoless!"

    ###
  • by OmniGeek ( 72743 ) on Thursday August 02, 2001 @01:17PM (#2175718)
    Simple answer, if I understand the GPL correctly, is that he cannot include user patches to the GPL'ed code into non-GPL'ed code unless they assigned their copyrights to him (unlikely to have happened) or otherwise explicitly/implicitly gave him control of it (dicey), or he implemented outside suggestions by writing his OWN code that is not a derivative work of others' patches (the most probable case, and VERY dicey, but likely unenforceable, especially if the others didn't clearly mark their contributions as GPLed). The critical point in the last case is whether the original developer did or didn't incorporate actual code written by others. The typical case of a user submitting a report that "there's a bug in line XXX of module YYY that should do Z but does Q" would likely not cause GPL trouble of this kind. I doubt this would be an obstacle in practice, but one never knows...
  • Reading the articles, (linked here and at newsforge), they are not including any user patches. Though they also stated that there were not many user supplied patches, the main addition from users were the race maps.
  • Did you see those screenshots?

    I'm not too terribly in favor of staring at a penguin's hindquarters all day.

    Reminds me of a certain goat-flavored website.
  • by pbur ( 88030 ) on Thursday August 02, 2001 @01:33PM (#2175728)
    They aren't stopping the linux version. They are however going away from the GPL at least for the initial realease. From the Tux Racer website:

    Tux Racer is NOT Windows-only
    Thursday, August 2, 2001
    Despite what some (very misleading) news articles have recently reported, the retail version of Tux Racer will be released for both Linux and Windows (and most likely the Macintosh); the binaries for all versions will be in the same box. Don't believe the hype!

    These news articles are referring to an OEM (original equipment manufacturer) deal which is in the works, which (although the details have not been finalized) is for Windows only. Getting a Linux version added onto the OEM CD is something that we have considered and will try to do. The only obstacle to this is the fact that our OEM agent only supports Windows products. We will keep you posted.

    Further, to clarify: while we will not initially release the source code to version 1.0 under the GPL (this is simply not an option for us in the commercial game market), we do intend to do so some time after the initial release.
  • Since I assume they forked the code at some point from the current "open-source" version to their own "commercial" version 1.0, how recent was this fork?

    If it's not that old, we haven't lost all that much.

    The part about the publisher stipulating that the open-source effort not compete directly with the commercial effort worries me more. Might we see Microsoft releasing their own "closed" Linux, without release of srouce code, but stipulating that Linux development can continue, just not in direct compettion with windows?!?

  • by Tiroth ( 95112 ) on Thursday August 02, 2001 @02:08PM (#2175734) Homepage
    I think it is perfectly ethical. Just because the GPL is viral shouldn't mean any GPL'd software must remain free in perpetuity. It seems reasonable to develop a product open source, then release a value-added closed source product.

    Just because you get the original product free doesn't entitle you to all future releases...all the people that assisted in working on the code still have access to that code, and moreso are free to do what they want with it.

    The GPL should be used to encourage innovation, not be so draconian that no one outside researchers and freeware authors will use it. Like it or not, big money means more programmers being thrown at a task--something "free" software platforms need badly. Republishing a closed-source improvement provides a valid business model, potentially giving some developers the capital to make some good software.
  • by skrowl ( 100307 ) on Thursday August 02, 2001 @12:44PM (#2175736) Homepage
    Now I don't have to reboot to linux to play games! .... oh wait a minute.
    ____________________
    Remember, not all /. users hate Windows or think Microsoft is out to get them!
  • by molog ( 110171 ) on Thursday August 02, 2001 @02:32PM (#2175743) Homepage Journal
    Sunspire is ok (and, I believe, happy) with everything so long as the project doesn't go into direct competition with Tux Racer 1.0.

    Well if this spin off project did go into direct competition with Tux Racer WTF could he do? Honestly? The code that was released under the GPL will always be under the GPL and you can make it go into competition with the proprietary version. In fact the GPL version would have more claim to the name "Tux" than the other. I think it would be a cool thing if the free (as in speech) version cloberd the closed version.
    Molog

    So Linus, what are we doing tonight?

  • This is a copy of the first comment posted to the Newsforge story. Mod parent DOWN!

    The only "intuitive" interface is the nipple. After that, it's all learned.
  • From the TuxRacer.com front page [tuxracer.com]:

    Despite what some (very misleading) news articles have recently reported, the retail version of Tux Racer will be released for both Linux and Windows (and most likely the Macintosh); the binaries for all versions will be on the same CD. Don't believe the hype!

    These news articles are referring to an OEM (original equipment manufacturer) deal which is in the works, which (although the details have not been finalized) is for Windows only. Getting a Linux version added onto the OEM CD is something that we have considered and will try to do. The only obstacle to this is the fact that our OEM agent only supports Windows products. We will keep you posted.

    See - no problem. Just a large missunderstanding. Move along, nothing to see or flame here...

  • Ok, since like 1/3rd of the comments have been from people who read the story, and assumed it was correct, from the TuxRacer.com front page:

    Despite what some (very misleading) news articles have recently reported, the retail version of Tux Racer will be released for both Linux and Windows (and most likely the Macintosh); the binaries for all versions will be on the same CD. Don't believe the hype!

    These news articles are referring to an OEM (original equipment manufacturer) deal which is in the works, which (although the details have not been finalized) is for Windows only. Getting a Linux version added onto the OEM CD is something that we have considered and will try to do. The only obstacle to this is the fact that our OEM agent only supports Windows products. We will keep you posted.

    All is cool here.

    As for respecting thier wishes on an Open Source version of TuxRacer - why shouldn't he? He talked with them, told them what up, and they would prefer not to have to complete with a free game that is identical. Gee, seems reasonable to me - if someone gave me the opportunity to say if I had to compete against a free product or not, I'd sure be quick to say I'd like the free product to have a different direction than mine. Why, as a commercial developer, would you ENCOURAGE someone to write a completely free version of the game you are trying to sell on shelves and OEM bundles?

  • by mikeage ( 119105 ) <.slashdot. .at. .mikeage.net.> on Thursday August 02, 2001 @12:43PM (#2175749) Homepage
    ... maybe slamming into those mountains at high speed won't be such a bad idea with little Billy G's sliding ;).

    Seriously... the article doesn't say they don't want to closed-source release for Windows only... it says they have no OEM retailers to ship a linux version. They _did_ say they will want to eventually GPL it, as well as ship a CD with Windows, Mac, and Linux ports. Read, people, read!

  • I see this as "Hey look, we'll charge all these windows assholes money for what the linux community is getting for free! hahaha." Is that really so bad.
    "I want to pay money for it too"
    no, thanks.

  • by ajuda ( 124386 ) on Thursday August 02, 2001 @12:53PM (#2175753)
    I think he can relicense his software, but the better question is: how can an author relicense all the bug patches and fixes made by others?


    This message was encrypted with rot-26 cryptography.
  • I think it is offensive to have a game that was GPL'd, then make it closed source, and keep the main character as the "Tux, the Linux Penguin".

    IMHO, they should change the character, maybe something like "William, the wanking weasel" for the closed source release.

    I'm not dictating their policy, they can do whatever they think is right, but this is a very odd thing they've done, forking to closed source at version 1.0


    Treatment, not tyranny. End the drug war and free our American POWs.
  • >>Why bother keeping with their wishes in mind?
    >>If they want to go proprietary, so be it, but
    >>why listen to them? They are he ones that are
    >> forcing YOU to continue the project.
    (emphasis: mine)

    Yes that's correct they, Sunspire Studios, forced YOU to continue the project. Did you read that out load before you sent it? Sunspire Studios didn't force anybody to do anything.

    Those bastards! They went and re-released their product with a non-open source license! Why bother keeping with their wishes in mind? Look how badly they have WRONGED you. How dare them?

    This is just an example of attaching judgment by association.

    I like A
    A is associated with B
    Therefore all good and bad things about A are now attached to B.


    I like open source software
    linux is open source software
    Therefore I must like linux

    This company is the greatest company ever and their very very wonderful fully-featured without being bloated software is the best software ever. Just because they do something you like (release software under an open source license), but when they do something you don't like(re-release with a closed source software license) then their the devil(just imagine the how the water boys' mom says it.). Now their the worse company ever and their product sucks and is bloated.

    Sadly this is an all to common line-of-thought on slashdot.

    Anything remotely related to Microsoft is the devil!
    Any company that doesn't embrace open source is the devil!

    This kind of thinking (or lack there of) is extremely narrow-minded and shows a lack of intelligence. It's zealots that slam procuts/companys/causes/et al.(that they believe to be anti their position)without just cause that tarnish their own cause.


    Flame me I am full of love

    chad



    This is a sig.
    any questions?
  • I wonder if they got permission to do this from all of those 18 contributors listed in the AUTHORS file. Well, I guess they did, they probably aren't stupid.
  • So, not only will there be a Linux version, but nearly everyone who buys the game will have it.

    Only until a new version of glibc breaks it. Closed source is lame and unacceptable. There's no getting around it. If you fight it, it will only turn around and bite you in the arse. How many Linux people will buy a boxed copy of this when there is a free version. How many windows people will buy this being that it is a simple game from an unfamiliar company? What is there to gain by closing it? I don't think it would sell any less in the stores if it was GPL anyways considering the audience who will be looking at it.

    As a side note, I am currently in the process of developing a GPL'ed-forever Linux game that will surpass most everything before it. I have recruited 5 other programmers and 2 graphics artists. All of them are willing to contribute in their free time because they like my idea. Who needs commercialism. Sounds vaporous? Yes. There will be details posted on Freshmeat once I get a nice looking page up with concept graphics and specs.
  • by startled ( 144833 ) on Thursday August 02, 2001 @01:19PM (#2175770)
    Wait. So you're saying there's a /. headline about this being closed source and Windows only, and it's actually going to be GPL'd and released for Linux? I just don't believe you. The day /. starts getting its headlines wrong is the day I get a job at a Microsoft shop!

    Oh, shit.
  • by kfg ( 145172 ) on Thursday August 02, 2001 @02:59PM (#2175771)
    I mean, just who do they expect to buy this?

    Windows users looking for a good Linux oriented game?

    Linux users who have the open version?

    I don't get it.

    KFG
  • by Pxtl ( 151020 ) on Thursday August 02, 2001 @12:52PM (#2175773) Homepage
    Read the article. They said that the problem is the OEM company doesn't want to support the Linux version - their trying to get the Linux version included in the boxed set, or even on the same CD. So, not only will there be a Linux version, but nearly everyone who buys the game will have it.
  • by reddeno ( 155457 ) on Thursday August 02, 2001 @12:50PM (#2175775)
    I find it very insulting that they are using the Linux mascot.

    Perhaps they could call it WinRacer: "Ski the Windows logo into the pits of hell while collecting small companies along the way!" Yay!
  • by Captain Rotundo ( 165816 ) on Thursday August 02, 2001 @12:46PM (#2175777) Homepage
    Why bother keeping with their wishes in mind? If they want to go proprietary, so be it, but why listen to them? They are he ones that are forcing YOU to continue the project. I think its best to view projects that have been taken proprietary like this as orphaned projects, that same as any other orphaned projects. Jsut my two cents.
  • Larry Ewing owns tux. His lisense: "Permission to use and/or modify this image is granted provided you acknowledge me lewing@isc.tamu.edu and The GIMP if someone asks."
  • Sunspire is ok (and, I believe, happy) with everything so long as the project doesn't go into direct competition with Tux Racer 1.0.

    Okay, let's analyze this. You're forking an freely available open source game whose plot is basically a penguin sliding down a ski slope. How can this possibly not compete with a commercial game with the same exact concept and practically identical code plus a few new pixmaps as additional characters? Can someone explain this to me, I've obviously missed something.

  • While the original copyright holders are free to not release future versions under the GPL

    This is only true if their is not a stitch of anyone else's code - in which case they ('they' being the original authors) would need concurance from *all* the contributors...

  • Hey! Who gave the dude in Marketing this URL!

    Someone please revoke his UID.

    My cat's breath smells like cat food.

  • by rubberpaw ( 202337 ) on Thursday August 02, 2001 @05:20PM (#2175790) Homepage Journal
    I was surprised and a little upset when I saw they wrote their own title.

    My original title merely indicated that Tux Racer 1.0 was going to be closed source and that I would be working on the GPLed codebase in an effort to make a derivative.

    I hope you can get the Linux version out there. As I have stated before to you. I really hope that the commercial version meets as much success as possible.

    It is sad that geeks, who should be those with the highest level of scholarism should be so quick to twist things to fit the mold of bias. I am sorry for any damage this may have done to sunspire; it was not my intention.
  • My goal in saving tux racer is to save tux racer, not to compete with sunspire and get into an Xemacs vs Emacs, ssh vs openssh, etc war. The best way I saw of doing that was to attempt to develop in a different direction. Furthermore, Sunspire _does_ have 0.61 as an open source version. If I competed with them, they could leverage their marketing head-start against me, killing the Open Racer project. As it lies now, Sunspire has agreed to link to the Open Racer site from the Tux Racer site, which gives me the advantage of having their head-start in publicity. I have no intention to compete with Sunspire. I couldn't do so even if I wanted to. They have a head start of several programmers coding for six months. I have one programmer (myself), who can throw maybe an hour or two every week. Again, if anyone is interested with ideas, or suggestions, or anyone wants to code or do artwork, let me know at my email address.
  • They are following the procedures of relicensing allowed from the GPL, so everything is legal

    Are you sure about this? If I had contributed code to Tux Racer I would be pretty miffed if I found out that I didn't have any rights to stop them selling my code as their commercial product...

  • The Code may be GPL'ed, but how are the artwork, maps, etc? While it's true that anyone can do anything with the code (compliant with GPL terms), they would have to have sunspire's "ok" to re-release the artwork and maps and things.
  • Dudes, you're over-reacting.
    "We hope to eventually release the source code for 1.0 under the GPL," says Patry.
    Nothing to worry about: after all, he's one of us, remember?
    But I don't undestand something.
    How can a closed-source work EVER be the next point-oh of a GPL'd framework? Wouldn't it mean rewriting it so that NONE of the code in the closed-source version has the "tainted" (virus-like) GPL code? Right now I have the whole source code (of an earlier version) on my hard-drive. Will the new version use none of this while it is closed-source?

    Or is the current version not GPL'd at all, but only available on the whim of the author. That's not what seems to be the case. Does anyone know how this can be legal?

    Robert.


    Oh, and another thing, off-topic (since you're not going to see this because the story [slashdot.org] is too down the front page): I found this cute message in the digits of pi 573034-573040 (that is, the sequence "...9422983..." [angio.net][this link doesn't count the "3" before the decimal point.]). Of note is that 573034 is nearly 2^19th, the difference being exactly 32 less than 2*29*29*29:
    /* Function: find the secret text encoded in the 573034th - 573040th digits
    of pi. (Where "14159" would be digits 1st-5th,
    since pi starts 3."14159"...)
    */
    #include //allow C++ standard input and output.
    int main()
    {
    int num = 9422983; //define "num" as an integer equal to 9422983.
    cout << "The following text's in the 573034th -573040th digits of pi:\n";
    cout << "\"\n"; //output " and newline.
    int temp; //define temp as an integer.
    while (num > 0) { // until we haven't processed the whole number, do:
    temp = num & 0xF; //1 make temp the right-most 4 bits of the number
    num >>= 4; //2 remove the right-most 4 bits from the number
    cout << char('a' + temp); //3 output removed bits as an offset from 'A'
    if(!(temp%2)) cout << " "; //4 if the offset is even, add a space.
    }
    cout << "\n\"\n"; //output newline, ", and newline.
    return 0; //ANSI standard return value on successful end.
    }


    --
  • sure go ahead and do a windows app on gpl codebase, you can't take our TuxRacer from us, even if you make us change the name to Open racer. I applaud you for picking this up and wish you the best of luck with the fun game that tux racer is!
  • by truthsearch ( 249536 ) on Thursday August 02, 2001 @12:55PM (#2175812) Homepage Journal
    if you don't like Tux, the 1.0 release will be more politically correct. Sunspire is adding other little critters, including a seal, a polar bear, and a female penguin.

    Yes, having a female penguin falling down a mountain and hitting obstacles sounds far more politically correct than a male penguin. And from the user's point of view, wouldn't you almost be forced to look up her skirt?

    ---
  • This message was encrypted with rot-26 cryptography.
    Attempting to circumvent this encoding is illegal under the DMCA


    I cracked your so-call encryption and successfully deciphered your message. Frankly i don't know much about encryption but I'm sure I could do a better job than you. I know that would upset Digital Morons/Cowards Act much but look do I care.
    • I'd like to reassure everyone that we have not abandoned the Linux version

    Can you assure us that every line of code in the commercial version was written by you in a clean room environment, or by open source contributors who have given their explicit consent for you to make money off of your work?

    I ask because I'd like to see this work, so it's vital that everybody involved has happy faces and there's not the slightest suspicion of dodgy dealings.

  • There is no inherent benefit to GPL when it comes to forking. If the TuxRacer had used a BSD style license it would still be possible to fork it now and carry on with a free version. No license gets revoked when a new release comes out under new terms. That would be law working retrospectively which I believe is not permitted.
  • Shhhhhh... in reality, the "closed source" will be the Linux kernel, with the game thrown on top. This is really just a covert way to get millions of unsuspecting individuals to install Linux on their Windows boxes... you know, just like the CodeRed[Hat] worm...
  • That assumes that they'll make money selling a game that is 4 years old on the fun side.What Windows user would buy this game?Alex
  • One of the reasons Patry cites for making TuxRacer closed source is that there was "very little outside support."

    I find this quite annoying, because I personally offered to help in several emails, all of which were ignored with no response.

    Don't blame other people for not helping when you don't even *respond* to offers of help! Its offensive to me that Patry is passing off the responsibility of closing the source to these 'un-helpful developers.' I feel that he should have thought about whether or not he wanted to sell the game eventually before he licensed it under the GPL.
  • "But releasing a game featuring, and based on the Linux mascot for Windows only? Umm... That's just weird"

    I thought the same thing, but then I thought maybe it's not such a bad idea afterall. It might be a good way to introduce kids to Tux and who he is and could maybe(?) even be seen as a starting point to get them interested in Linux. I know it's a long shot, but who knows?

  • And I have to say, there's no great loss to the open-source community here.
    USA Intellectual Property Laws: 5 monkeys, 1 hour.
  • How many Linux people will buy a boxed copy of this when there is a free version.

    How about all those people that linux is supposedly trying to attract; the people who just use computers and aren't tall enough for the "You must be this elite to use this operation system" gates.

    How many windows people will buy this being that it is a simple game from an unfamiliar company?

    The market for "casual gamers" is way larger than the hardcore gaming market. That's why games like "Who wants to be a millionaire" outsell ones like "Doom 62."

    What is there to gain by closing it?

    Money? A chance for the author to work on it full time instead of part time? Moving out of the crowd of n-thousand other linux programs that all work the same and are never finished?

    am currently in the process of developing a GPL'ed-forever Linux game that will surpass most everything before it.

    Good luck with it. Hopefully it won't turn out to be one of the 75% of all SourceForge games that languishes forever at status "1-Planning"

  • That's like a UNIX version of the Flying Windows Logo screensaver.

    ...Or a Blue Screen Of Death.

  • by jfpatry ( 473078 ) on Thursday August 02, 2001 @12:56PM (#2175848)
    *sigh* The subject of this item is horribly misleading.

    I'd like to reassure everyone that we have not abandoned the Linux version. The Linux and Windows versions are at the exact same stage of development. We fully intend to release the retail Linux version of Tux Racer at the same time as the retail Windows version; in fact they will be in the same box.

    The final details of the OEM deal have not been finalized. Getting a Linux version added onto the CD is something that we have considered and will try to do. The only obstacle to this is the fact that our OEM agent only supports Windows products. We will keep you posted.

    Jasmin Patry, Lead Programmer, Tux Racer

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