[HN Gopher] I open-sourced Even the Ocean
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       I open-sourced Even the Ocean
        
       Author : generichuman
       Score  : 69 points
       Date   : 2023-09-23 18:34 UTC (4 hours ago)
        
 (HTM) web link (melodicambient.substack.com)
 (TXT) w3m dump (melodicambient.substack.com)
        
       | jrm4 wrote:
       | I'm curious as to whether the creator here is purposefully being
       | disingenous, or simply deeply misunderstands what "open source"
       | means?
        
         | Tao3300 wrote:
         | The intention and explanation is all right there in TFA.
        
       | otachack wrote:
       | Seeing as the license is derived from VVVVV's I was interested in
       | comparing comments so far to a similar one there:
       | https://news.ycombinator.com/item?id=22011655
       | 
       | I very much enjoy Melos and Marina's games. "Anodyne 2" is a must
       | play to anyone who loved the Zelda series as it's a mishmash of
       | 3D N64 gameplay with over the head 2D dungeoning. It has such
       | uniqueness and strangeness that I still remember it years later.
       | 
       | "Even the Ocean" was also memorable to me. It is not the
       | masterpiece A2 was IMO but the issues held weight. And having an
       | unconventional protagonist in terms of body type, ethnicity, and
       | sexual orientation was so novel at the time to me.
       | 
       | Thanks for opening the source code! I know HN members will be
       | super critical as to "Oh this isn't Open Source" but you have the
       | licenses available for review and that's where it really matters.
       | The fact that the code is out there for review is a huge step and
       | I hope more devs do it as it's a form of historical preservation
       | in my eyes.
        
         | Pannoniae wrote:
         | >"I know HN members will be super critical as to "Oh this isn't
         | Open Source" but you have the licenses available for review and
         | that's where it really matters. The fact that the code is out
         | there for review is a huge step and I hope more devs do it as
         | it's a form of historical preservation in my eyes."
         | 
         | Exactly, and every time something like this happens, the
         | inevitable "this is not really open" comes up, often in a quite
         | hostile way. That's an absolutely destructive approach (because
         | if it was fully open source, and some large studio just stole
         | the game and re-released it, the same crowd would say they knew
         | the consequences of open sourcing)
         | 
         | The "open code but not under an OSI licence" approach is I
         | think the most beneficial for everyone (if we are talking about
         | commercial software): users can inspect their copies,
         | developers can learn from it and modify it, and the developers
         | can live safely knowing that no one will steal their work or
         | threaten to fork it.
        
           | kiba wrote:
           | Nobody is demanding that you should open source it. Just
           | don't call it open source if you are not going to make it
           | open source.
        
             | Pannoniae wrote:
             | Well the source is open for everyone to see..... it's just
             | not capital Open Source as defined by the OSI. My personal
             | opinion is that OSI shouldn't have a faux-trademark over
             | that word, and people should be able to use that expression
             | freely even if it doesn't conform to that definition, if
             | the code is available.
        
               | kiba wrote:
               | My personal opinion is that by misusing the term open
               | source, you're causing confusion. Open source is the term
               | that I understood to be OSI definition since childhood.
               | 
               | It would be like someone changing the term 'anime' to
               | also include western cartoons. There would be no shortage
               | of confusion. It doesn't matter how the Japanese use the
               | term anime. For western audience, it has a different
               | connotation.
        
               | Pannoniae wrote:
               | Language is not prescriptive but descriptive. No one can
               | say (except for trademarks) that X is the only correct
               | usage of a word and it shall remain that way for a
               | millenia. Words regularly modify, change or adapt
               | meanings - with your example, it's not unconceivable that
               | 20 years later, anime would be used in the west as well
               | to describe all sorts of cartoons due to japanese
               | cultural influence.
               | 
               | As Alice in Wonderland says: "When I use a word,' Humpty
               | Dumpty said in rather a scornful tone, 'it means just
               | what I choose it to mean -- neither more nor less.'
               | 
               | 'The question is,' said Alice, 'whether you can make
               | words mean so many different things.'
               | 
               | 'The question is,' said Humpty Dumpty, 'which is to be
               | master -- that's all."
        
               | mitthrowaway2 wrote:
               | Is there a problem with the term "source-available"?
        
               | reedciccio wrote:
               | That will lead to even more confusion in the minds of the
               | hundreds of policy makers and courts worldwide, who
               | already have plenty of opportunities to be confused.
               | More: https://blog.opensource.org/court-affirms-its-
               | false-advertis... Use other terms, there are plenty of
               | other options
        
               | Pannoniae wrote:
               | I agree with what you say, but the blog post you linked
               | is _hugely_ misleading. (remember, it 's the OSI blog, of
               | course they are going to twist it for their goals) The
               | court did not affirm that "calling your non-OSI-approved
               | licence open source is false advertising".
               | 
               | As in the judgement: "It is undisputed that Defendants
               | made the statements at issue to convince customers to
               | adopt ONgDB over Neo4j EE. Because Defendants
               | misrepresented ONgDB as a free version of Neo4j EE
               | licensed under the APGL, there is no doubt that this
               | price differential (free versus paid) was likely to
               | influence customers purchasing decisions. See Hinojos v.
               | Kohl's Corp., 718 F.3d 1098, 1106-1107 (9th Cir. 2013),
               | as amended on denial of reh'g and reh'g en banc (July 8,
               | 2013) (recognizing under the UCL that price is material
               | to purchasing decisions). Thus, the Court finds that
               | Defendants' statements suggesting that customers could
               | obtain a "free and open source drop in replacement" for
               | Neo4j EE were material."
               | 
               | What the court _did_ affirm is that the upstream licence
               | was a modified AGPL with additional restrictions. The
               | defendant has stripped those restrictions (claiming the
               | AGPL  "you may remove" clause allowed them to) and
               | distributed the product as "free and open source". This
               | was false advertising as they were not capable of
               | stripping the Commons Clause and the copyright
               | identification.
               | 
               | Notably, this does not mean that it's false advertising
               | to claim your software is "open source" when it is not
               | OSI-approved, it means that if you offer a modified
               | version of a piece of software, you can't advertise it as
               | "free and open source" when the forked version is still
               | bound by the Commons Clause prohibiting selling it in any
               | way.
        
         | seanclayton wrote:
         | It's certainly better than "you can't look at the source code."
         | 
         | I encourage the developer to not call it open source and use
         | other terms such as "source available" or say the the source is
         | public, etc. Open Source is an ecosystem that this project
         | admits it does not support (meaning, open source projects is
         | not what this aims to be "compatible" with) or is a part of.
         | When projects misuse the term "open source," it can dilute the
         | meaning and value of the open source model and ecosystem,
         | making it harder for users and developers to understand and
         | trust open source initiatives.
        
       | seanclayton wrote:
       | From the repo's License [0]:
       | 
       | > This is NOT an Open Source license
       | 
       | I think it's fair to say this is not an open source project, but
       | instead has the source available for viewing and restricts who
       | can compile and distribute it or not.
       | 
       | [0]: https://github.com/analgesicproductions/Even-The-Ocean-
       | Open-...
        
         | zem wrote:
         | honestly, i wish the spirit behind that license were easier to
         | formalise and publish - it roughly says "look, this is a game i
         | made and am selling, and i don't want people taking this repo
         | and just cloning the game for free. but we are a community of
         | people making games, and i would love to provide the code and
         | other assets as building blocks that will let other people make
         | their own games more easily."
        
           | [deleted]
        
           | weaksauce wrote:
           | > and i don't want people taking this repo and just cloning
           | the game for free.
           | 
           | they don't mind that actually... they just want you to not
           | sell it or anything too close to the original game. if you
           | want to figure out how to compile it and play it they are
           | fine with it. it seems to be the don't screw me over license.
        
             | zem wrote:
             | right, i should have made that distinction!
        
           | warkdarrior wrote:
           | So... not open source, but pretending to be.
        
             | Tao3300 wrote:
             | They didn't say "Open Source", they said "open-source".
        
             | amelius wrote:
             | Open source, in the literal sense of the word.
        
           | seanclayton wrote:
           | I honestly believe AGPLv3 for the software and CC BY-SA 4.0
           | for the non-software assets would absolutely be everything
           | one would need for this project. Is there an example of a
           | commercial AGPLv3 (or even any other copyleft license) game
           | being cloned and sold without modification? I feel like this
           | extra effort towards restrictions is rather unnecessary and
           | putting the cart before the horse.
        
             | zem wrote:
             | AGPL3 doesn't cut it if you want to allow "take literally
             | every piece of this code and remix it into your own
             | possibly closed-source game, just don't try to appropriate
             | _my_ game ". it's sad that such a common-sense intent is so
             | hard to work into a legally sound license.
        
               | gaganyaan wrote:
               | Isn't that covered by trademark? Or what do you mean by
               | appropriate?
        
               | zem wrote:
               | they spell it out in the license - don't essentially
               | republish "even the ocean" with a few tweaks and the
               | serial numbers filed off. use their code (and maybe even
               | assets? that wasn't entirely clear) for your own work,
               | not their game-as-a-whole.
        
         | weaksauce wrote:
         | the source is open and fairly unrestricted. the assets and game
         | itself are not though.
         | 
         | > Non-legal summary of license: Anyone can use or compile the
         | code EVEN WITHOUT OWNING THE GAME. The code is open to
         | everyone. If you're doing noncommercial or commercial things
         | with a low budget ( < $50k/year), you can do anything, so long
         | as you credit us. Don't sell anything unaltered (don't sell our
         | sprites or music unaltered, or compile and try to sell the game
         | unaltered.)
        
         | [deleted]
        
         | facorreia wrote:
         | Indeed, the title needs to be edited. It clearly states:
         | 
         | > This is NOT an Open Source license
        
       | ramesh31 wrote:
       | I think the biggest culture shock to me that occurred while
       | getting into game development for the first time was seeing how
       | vastly opposite the embrace of open source is versus the web
       | world. I mean I get it, games are often based on some "secret
       | sauce" that developers don't want to give up or something, or
       | maybe it's the licensing deals from publishers that cause this.
       | But up until the ubiquity of Unreal/Unity in the last few years,
       | game dev has been an almost strictly closed source affair it
       | seemed. Every single third party tool or library seems to have
       | some kind of licensing fee involved.
        
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       (page generated 2023-09-23 23:01 UTC)