[Scummvm-devel] Re: SCUMM Engine

[Max Horn]

At 21:24 Uhr +0200 25.06.2002, Nicolas Noble wrote:
>  > >Personally, I don't think LucasArts could, legally, shut us down; we're
>>  >*not* using any of their IP, as ScummVM is a clean-room reimplementation
>>  >from the published documentation, i.e. the games. (If they could shut us
>>  >down, then clean-room Java implementations become legally suspect and a
>>  >lot of companies go out of business.)
>>
>>  AFAIK this is not correct. ScummVM is not a clean room
>>  implementation. A clean room implementation requires the people
>>  performing it to only use the publicaly documented information about
>>  the thing being cloned. In addition, it's OK to look at the behaviour
>>  of the target, e.g. in our case that would mean playing the actual
>>  games to verify the behaviour matches that of our own engine etc.
>>  However, unless I am seriously mistaken, ScummVM was not done this
>>  way. In large parts it is based on disassembling the engines of
>>  Monkey Island and other LucasArts Scumm games. Thus it is *not* a
>>  clean room implementation.
>>
>>  In addition, this procesess falls under the DMCA's rules, so at least
>>  in the US it might indeed be illegal.
>>
>>  Of course IANAL. If the above contains factual mistakes, please
>>  correct me, I don't claim I got all of this right, and certainly
>>  would be happy if I am mistaken :-)
>>
>>
>>  Cheers,
>>
>>  Max
>
>Actually, you are right. So ScummVM could become illegal in the USA. But
>the developpers who worked in countries where RE is legal can't be sued
>for that, since they did legal things.

Actually, while I'd love to fully agree with you, I think it's not 
that simple. You may not get a law suite at home, but e.g. you might 
be persecuted if you should ever visit the US. There is an (in)famous 
example of  Dmitry Sklyarov, of the russian company ElcomSoft. Feel 
free to look at 
http://yro.slashdot.org/search.pl?query=Dmitry+Sklyarov&op=stories&author=&tid=&section=yro&sort=1 
for more information.


Cheers,

Max
-- 
-----------------------------------------------
Max Horn
Software Developer

email: <mailto:max at quendi.de>
phone: (+49) 6151-494890