[HN Gopher] Libogc (Wii homebrew library) discovered to contain ...
       ___________________________________________________________________
        
       Libogc (Wii homebrew library) discovered to contain code stolen
       from RTEMS
        
       Author : dropbear3
       Score  : 138 points
       Date   : 2025-04-27 16:18 UTC (6 hours ago)
        
 (HTM) web link (github.com)
 (TXT) w3m dump (github.com)
        
       | mouse_ wrote:
       | Tragic. Nice to see some accountability on fail0verflow's part,
       | though.
       | 
       | devkitpro needs to be shamed for knowingly shipping stolen code!
        
       | JoshTriplett wrote:
       | Sad news, though always good to see someone calling out problems.
       | 
       | Are there any Wii homebrew loaders that _aren 't_ based on
       | libogc?
        
         | MelodyUwU wrote:
         | i dont know of wii homebrew but in the nds space there is
         | BlocksDS which is not part of devkitpro, and in gba space you
         | can get (experimental) toolchains from wf-pacman (wonderful
         | toolchain). sadly, the nintendo homebrew space is ruled by
         | devkitpro, and i spent some time trying to find an alternative
         | to it, but that doesnt seem to exist right now.
        
         | MelodyUwU wrote:
         | just realized you asked for something different, and my comment
         | above is on the wrong subject. either way, i dont know of any
         | big library/toolchain/sdk for the wii not from dkP, so the
         | chances of a loader different from hbc and not based on libogc
         | are small, sadly.
        
       | AshamedCaptain wrote:
       | How much "reverse engineering" these days really is clean room
       | and how much of it is just ripping off proprietary software?
       | 
       | One can easily find a bazillion of "github repos" that distribute
       | what is evidently directly decompiled game code with minimal
       | cleanup. Bonus points if they also claim it is OK as long as the
       | game art is not distributed, which in addition to being wrong is
       | disrespectful to developers as a whole.
       | 
       | But when the Nintendo copyright czar wakes up, they're the bad
       | guys...
        
         | lexicality wrote:
         | Just because some people steal software doesn't mean that
         | Nintedo's behaviour isn't also bad. It's not an either-or
         | situation.
        
         | arghwhat wrote:
         | Note that reverse engineering _does not_ have to be clean room,
         | poking at hardware without ever seeing any software. In many
         | places, poking at the proprietary software, decompiling it,
         | tracing it, and so forth is fine despite what unenforcable EULA
         | 's might suggest. What is not okay is taking the binaries or
         | decompiled source verbatim and re-distributing it.
         | 
         | Note that e.g. copyright does not apply to decompiled source
         | code (the original authors did not write the decompiled source,
         | unlikely assets taken verbatim - maybe that's where the
         | arguments you mention stem from - although note that there may
         | be regional regulatory differences). Instead, the things that
         | might cause issues are things like the _enforceable_ parts of
         | the software license, any enforceable patents on the
         | functionality, or enforceable platform license restrictions for
         | applications built based on decompiled source.
        
           | AshamedCaptain wrote:
           | > Note that e.g. copyright does not apply to decompiled
           | source code
           | 
           | Where does this non-sense come from exactly? Are you claiming
           | the decompiled source code is not a derivative work? It is
           | almost a text-book definition of one (in much the same way
           | the executable is...).
           | 
           | There are some situations (and this depends on your
           | legislation) in which _violating_ copyright is lawful (e.g.
           | in the EU, if it is _strictly necessary_ to do so for
           | interoperability reasons -- think cryptography for network
           | equipment; a decade ago I used to work on this!). But blanket
           | distribution of decompiled proprietary (or GPL'd!) binaries
           | _is_ a copyright violation (literally textbook, as
           | "decompilation" is quite an example of an automated
           | translation). And frankly, I have no idea what kind of
           | confusion of ideas makes these people believe it is OK to
           | distribute game code publicly. Or why it would be OK for code
           | but not for assets. (And it has nothing to do with patents).
        
           | MyOutfitIsVague wrote:
           | > Note that e.g. copyright does not apply to decompiled
           | source code
           | 
           | This is absolutely not true. I've been seeing this claim for
           | years, and it's complete nonsense. Otherwise I'd be able to
           | decompile the entirety of Microsoft Windows and then just
           | redistribute it as my own source code.
           | 
           | > the original authors did not write the decompiled source
           | 
           | The original authors also did not write the compiled binary.
           | The copyright still applies to it.
        
           | ThatPlayer wrote:
           | > the original authors did not write the decompiled source
           | 
           | This isn't anything new or unique to programming. In the same
           | way if I were to transcribe a movie (let's say it's a silent
           | movie) to a script, it would still be that movie. Or if I
           | were to translate a book into Klingon . Or even do a cover
           | song of "Beat It" entirely with throat singing. Copyright
           | would still apply.
        
             | thescriptkiddie wrote:
             | > Or even do a cover song of "Beat It" entirely with throat
             | singing. Copyright would still apply.
             | 
             | bad example, in this specific case copyright would actually
             | not apply
        
           | amiga386 wrote:
           | Copyright _does_ apply to decompiled source code (it 's a
           | derivative work of the binary).
           | 
           | However, reverse engineering is allowed explicitly (...in
           | several countries, ask a local lawyer!) for the purpose of
           | interoperability, and sometimes for certain kinds of
           | research. In those cases, what would otherwise be cooyright
           | infringement is permitted.
           | 
           | If you're not doing it _for those reasons_ (e.g. to attain
           | exacting bug-for-bug levels of compatibility with a
           | proprietary system, as is often needed in emulators), if in
           | fact you could use any threading library, you don 't then get
           | to take an unrelated library and file the serial numbers off.
        
         | TuxSH wrote:
         | > How much "reverse engineering" these days really is clean
         | room and how much of it is just ripping off proprietary
         | software?
         | 
         | In Nintendo console hacking scenes? None at all, there is no
         | point to it, going through the hassle of doing cleanroom as an
         | individual is wasted effort.
         | 
         | Though, the spectrum between copy-pasting HexRays output
         | verbatim and rewriting things yourself is fairly large.
        
         | Philpax wrote:
         | > One can easily find a bazillion of "github repos" that
         | distribute what is evidently directly decompiled game code with
         | minimal cleanup. Bonus points if they also claim it is OK as
         | long as the game art is not distributed, which in addition to
         | being wrong is disrespectful to developers as a whole.
         | 
         | I'm sorry, this is supposed to be a bad thing?
        
       | croes wrote:
       | This RTEMS?
       | 
       | https://www.rtems.org/
        
       | mubou wrote:
       | Is RTEMS an active project? They should file a copyright
       | complaint and have the libogc repo taken down if this is true. If
       | it were me, I'd lawyer up and throw the book at them.
       | 
       | LibOGC accepts donations via Patreon, which means -- if the
       | allegations are true -- they're profiting off stolen code. RTEMS
       | could and should sue for damages.
       | 
       | This isn't the first time I've seen an open source project stolen
       | by someone trying to pass it off as their own work while
       | accepting Patreon donations. I'd _like_ to see some justice every
       | now and then...
        
         | arghwhat wrote:
         | Being active doesn't matter, the copyright holders still hold
         | the copyright.
         | 
         | How much they profit off the stolen portion is also
         | questionable, and open source licenses weren't meant to extort
         | money but to grant us rights to the code. What they _should_ do
         | is add attributions and fix their licensing (libogc needs to be
         | GPLv2), or remove the code. Willingly, yesterday.
        
           | londons_explore wrote:
           | The copyright holders _might_ have allowed this use, or at
           | least declined to pursue any enforcement.
        
             | arghwhat wrote:
             | Note that copyright holders for an open source project is
             | often a very long list of people that would _all_ need to
             | approve of having their contribution relicensed. It 's a
             | bit of a complicated matter.
             | 
             | Considering attribution was removed, I doubt it was
             | approved, but it's not impossible that they somehow learnt
             | and decided not to care as enforcement can be unreasonably
             | cumbersome.
        
           | mubou wrote:
           | I was thinking more "is it possible to contact them." When I
           | googled RTEMS I found that it's originally an OS for missile
           | systems from 1993 O_o
           | 
           | But I disagree. It's not extorting money to sue someone who
           | stole your code and deliberately removed your copyright
           | notices. The open source license only gives you the right to
           | use the work for commercial purposes AS LONG AS you comply
           | with the terms of the license. If you don't, then you're
           | illegally profiting off stolen work. You can't violate the
           | terms of a contract while still benefiting from it.
           | 
           | I don't know how much was stolen here, but if it's
           | foundational enough to the project that HBC had to give up
           | development, then they might have a case, but IANAL. _Not_
           | doing anything though would mean letting them get away with
           | their ill-gotten gains (again - if true), and I just don 't
           | think that's right. Like I said, I've seen similar things
           | happen before and it pisses me off.
        
             | delroth wrote:
             | > HBC had to give up development
             | 
             | HBC has not been under real development for 10+ years. This
             | is mostly a performative act.
        
             | OrvalWintermute wrote:
             | RTEMS is the most widely used RTOS for Science space, and
             | it is used in medical devices also.
        
               | MisterTea wrote:
               | Also popular for science experiments and is supported by
               | EPICS[2]: https://epics.anl.gov/base/RTEMS/tutorial/
               | 
               | [2]https://epics.anl.gov/
        
             | seabass-labrax wrote:
             | The opinion that parent was expressing is much the same as
             | the motivation behind the Principles of Community-Oriented
             | GPL Enforcement[1], which are endorsed by all the GPL
             | enforcement initiatives.
             | 
             | The principles acknowledge that copyright allows GPL
             | violators to be sued for financial damages, as you point
             | out in your post. However, they also take into account that
             | lawsuits don't necessarily further the goals of software
             | freedom, because excessive litigation could disincentivize
             | people from using free software out of fear of mistakenly
             | falling into non-compliance. As a result, it's better for
             | free software to give violators many chances to comply and
             | to provide guidance towards this where possible, and also
             | seek injunctions rather than financial remedies if the
             | court with jurisdiction allows it.
             | 
             | The principles are well worth a read; they explain a lot
             | about how organizations such as the Software Freedom
             | Conservancy operate, and why the few lawsuits which they do
             | bring are so weird.
             | 
             | It's also worth noting that these principles are sometimes
             | considered extreme within the free software community from
             | the other side, which argues that the GPL should _never_ be
             | litigated!
             | 
             | [1]: https://www.fsf.org/licensing/enforcement-principles
        
         | inamberclad wrote:
         | RTEMS is under active development and is running around the
         | solar system right now :)
        
           | p_ing wrote:
           | Wow! What an achievement for those devs.
           | 
           | https://www.rtems.org/applications/
        
             | saagarjha wrote:
             | It's a missile OS so this isn't particularly surprising.
        
         | brudgers wrote:
         | _I 'd lawyer up and throw the book at them._
         | 
         | Litigation is expensive.
         | 
         | Yeah, hobbies can be expensive and sure litigation could be
         | someone's hobby...nothing wrong with that and maybe worth
         | having lawyers on retainer if that's your jam.
         | 
         | But in this case, there's probably not a business case...and
         | being a civil matter, there's no book-'em Danoh book to throw.
         | Just normal squeezing blood from turnips...which again, might
         | be someone's hobby at least in theory.
        
       | deng wrote:
       | How extremely weird. Why didn't they just use RTEMS openly? Was
       | it for clout or did they want to circumvent the GPLv2? I can't
       | imagine the Wii Homebrew scene being commercially significant
       | that it would matter.
        
         | JoshTriplett wrote:
         | Note the mention that libogc also copies code from the official
         | Nintendo SDK, which is proprietary.
         | 
         | I would guess one of three cases:
         | 
         | - They didn't want to respect the GPL, because they thought
         | their library would be less popular if it were GPLed. (Many
         | homebrew projects don't want to be fully Open Source because
         | they want to hold back some special sauce, either to slow down
         | efforts by the console vendor to stop them, or to differentiate
         | themselves from other homebrew projects for clout. So someone
         | building a foundational library for homebrew on a platform
         | might want to, legitimately or otherwise, avoid presenting
         | themselves as GPLed.)
         | 
         | - They didn't want to respect the GPL because they _couldn 't_,
         | because they were also pulling in proprietary code they weren't
         | supposed to be using anyway.
         | 
         | - They didn't care because they were already ripping off the
         | Nintendo SDK so why not rip off an Open Source project too. For
         | instance, they just pointedly didn't care about copyright at
         | all, which is a very different position than just not caring
         | about code being _proprietary_.
         | 
         | (I can respect the position of "we're ignoring the copyright on
         | this old game, so that we can do some awesome
         | modding/romhacking", which is very different than ignoring Open
         | Source licenses and failing to even give credit. I don't see
         | the former as hypocrisy; it's just "we should be able to hack
         | on anything". Console game modders / romhackers / etc tend to
         | have a huge amount of respect for the original game and its
         | authors, and give due credit, even if they're technically
         | violating copyright.)
        
           | kmeisthax wrote:
           | > Many homebrew projects don't want to be fully Open Source
           | because they want to hold back some special sauce, either to
           | slow down efforts by the console vendor to stop them, or to
           | differentiate themselves from other homebrew projects for
           | clout. So someone building a foundational library for
           | homebrew on a platform might want to, legitimately or
           | otherwise, avoid presenting themselves as GPLed.
           | 
           | For context, The Homebrew Channel itself was one of these
           | projects. fail0verflow had put shittons of work into DRM for
           | the Channel and its installer... purely so that you couldn't
           | remove an anti-scam warning screen that they'd put in there
           | to warn people about shady people trying to sell The Homebrew
           | Channel.
           | 
           | Thing is, GPL requires you to explicitly allow that
           | behavior[0], so HBC can't use GPL software.
           | 
           | [0] It is _extraordinarily difficult_ to write a blanket
           | copyright license that provides most of the terms we care for
           | but prohibits this kind of behavior, without giving the
           | authors the ability to veto anything they don 't like.
           | Standard operating procedure in the FOSS space has been to
           | just allow all commercial activity.
        
             | asiekierka wrote:
             | > Thing is, GPL requires you to explicitly allow that
             | behavior, so HBC can't use GPL software.
             | 
             | Couldn't, not at the time. HBC has been open-sourced some
             | time ago, sans DRM, as the Wii has long lost commercial
             | relevance beyond enthusiast communities. This open-source
             | re-release is what the repository is.
        
               | jchw wrote:
               | Also worth noting: the version of GPL used by RTEMS seems
               | to be one with a compiler exception, so it probably
               | wouldn't have been an issue for HBC.
        
               | kmeisthax wrote:
               | Yes[0], and if Team Twiizers had consciously decided to
               | use RTEMS code in that way, they probably would have been
               | fine. However, libogc still cannot legally strip out the
               | GPL copyright notices and distribute RTEMS code in that
               | way.
               | 
               |  _That being said_ , RTEMS itself is trying to relicense
               | to BSD 2-Clause, which would obviate the concerns over
               | copyleft, but NOT the thing that libogc did. In fact, the
               | 2 clauses left in the BSD 2-Clause license are the ones
               | that require you to retain the copyright notices. So
               | libogc is still in the wrong.
               | 
               | [0] https://gitlab.rtems.org/rtems/rtos/rtems/-/blob/main
               | /LICENS...
        
         | kmeisthax wrote:
         | I suspect that it was neither for clout nor circumvention, but
         | ignorance and people doubling down on that ignorance. If you
         | are not specifically bathed in the norms of the FOSS community,
         | GPL is kind of an unintuitive concept. It's a copyright license
         | that forces you to disclaim most of the benefits of copyright
         | protection. If you're coming from a piracy or game modding
         | scene, where copyright is a thing you wipe your ass with, even
         | the bare minimum of GPL compliance is going to seem like a
         | waste of time at best and someone else trying to butt in on
         | your project at worst.
         | 
         | Think about how many pirates do piracy because they think
         | copyright is unethical, versus how many of them are data
         | hoarders, or just want shit for free, or are reselling shady
         | IPTV boxes on eBay. The former two groups are FOSS-adjacent,
         | but the latter two _do not care_. Then keep in mind how
         | basically any free shit tends to be almost immediately abused
         | by children with an Internet connection and no access to
         | payment rails.
         | 
         | Homebrew scenes seem like a candidate for doing things "the
         | right way", but culturally they're a lot closer to piracy
         | scenes than anyone wants to admit, at least in front of a
         | court.
        
           | dokyun wrote:
           | That's what makes it come off as stupid and kneejerk to me.
           | This guy wrote "The Wii homebrew community was all built on
           | top of a pile of lies and copyright infringement" like it's
           | some kind of shocking revelation. The guy writes it in a way
           | that makes me think it's fueled by some years-long grudge
           | rather than an intent to unravel some kind of conspiracy.
           | It's kinda pathetic, really.
        
           | II2II wrote:
           | > Homebrew scenes seem like a candidate for doing things "the
           | right way", but culturally they're a lot closer to piracy
           | scenes than anyone wants to admit, at least in front of a
           | court.
           | 
           | I realize the homebrew scene doesn't view themselves this
           | way, but I pretty much view them as part of the piracy scene
           | even when they are antagonistic towards those who pirate
           | games. The main difference is that they are "pirating"
           | hardware rather than software. By that I mean they are
           | overriding DRM created by the hardware vendor to use the
           | hardware in unauthorized ways.
           | 
           | Now it is easy to say that you should be able to do what you
           | want with hardware you own. In most respects, I am
           | sympathetic with that. Yet I don't like that philosophy for
           | one big reason: it creates a huge disincentive to those who
           | want to create open platforms since it is going to be nearly
           | impossible for them to get any traction when they are up
           | against jailbroken devices from huge multinational
           | corporations.
        
             | asiekierka wrote:
             | > it creates a huge disincentive to those who want to
             | create open platforms since it is going to be nearly
             | impossible for them to get any traction when they are up
             | against jailbroken devices from huge multinational
             | corporations.
             | 
             | I'm not so sure about that. More specifically, I wonder if
             | there are more or fewer Steam Decks in the wild than
             | jailbroken Nintendo Switch units.
        
             | frumplestlatz wrote:
             | I very much doubt that jailbreaking and the homebrew scene
             | contribute significantly to the difficulty of building a
             | financially viable open hardware platform.
             | 
             | Building a mass market hardware platform of _any_ kind is
             | incredibly difficult on its own merits.
        
         | somat wrote:
         | What was the nature of the stolen(infringed really) code?
         | Because a naive first glance show that they were distributing
         | source code from a project that requires that you distribute
         | source code.... shrugs, what's the problem here?
         | 
         | So was it removing license comments from the files?
        
           | qwery wrote:
           | It's plagiarism.
           | 
           | They laundered source code _from a free software project_ in
           | a deliberate attempt to deceive.
           | 
           | (allegedly, etc.)
        
       | londons_explore wrote:
       | RTEMS looks pretty replaceable with freeRTOS....
        
         | inamberclad wrote:
         | They're pretty similar, but RTEMS targets higher end embedded
         | machines and supports more common programming interfaces, like
         | POSIX
        
       | TuxSH wrote:
       | To me this looks like a bad attempt at exposing dirty laundry in
       | bad faith, which is not too surprising coming from him.
       | 
       | 1. Commit 3ba50ec which Marcan is complaining about was pushed in
       | 2008 and didn't just delete attrib specifically, but all (?) VCS
       | comments indiscriminately. The file was barely touched since
       | 
       | 2. "The authors of libogc didn't just steal proprietary Nintendo
       | code (...) ignorance about the copyright implications of reverse
       | engineering Nintendo binaries" ---> AFAIK it's software RE work,
       | and nothing done in the console hacking scenes is truly cleanroom
       | at all, and there's no point to it either as Nintendo can
       | knock&talk and/or send strongly worded letters when they please,
       | legality be damned
       | 
       | I don't know much about the Wii scene specifically, and libogc
       | seems to be a mess in general, but what I do know is that libctru
       | (3ds)/libnx (Switch) don't have that drama nor made the mistakes
       | made in libogc
        
         | JoshTriplett wrote:
         | > To me this looks like a bad attempt at exposing dirty laundry
         | in bad faith, which is not too surprising coming from him.
         | 
         | It seems odd that you would complain about the messenger, here,
         | since it seems you don't actually dispute the message.
         | 
         | > Commit 3ba50ec which Marcan is complaining about was pushed
         | in 2008 and didn't just delete attrib specifically, but all (?)
         | VCS comments indiscriminately.
         | 
         | So it's OK that they did something wrong because they did
         | _everything_ wrong?
         | 
         | > there's no point to it either as Nintendo can knock&talk
         | and/or send strongly worded letters when they please, legality
         | be damned
         | 
         | There's very much a point to it (when you're building an
         | emulator or tooling, rather than e.g. romhacks where it's
         | unavoidable), because if you carefully stay entirely above
         | board, you can burn those strongly worded letters, make DMCA
         | counter-notices, and otherwise rely on the fact that both
         | emulation and reverse-engineering are legal.
        
         | delroth wrote:
         | > AFAIK it's software RE work, and nothing done in the console
         | hacking scenes is truly cleanroom at all
         | 
         | There's a wide gradient of how much effort people put into
         | reverse engineering consoles in a legal way vs. just copying
         | code straight from their decompiler and slapping an open source
         | license on it. libogc is very much on the "didn't even try"
         | side of that gradient, it's been known since pretty much
         | forever, and even their documentation is straight up copied
         | from Nintendo's SDKs for part of their libraries.
         | 
         | What's new here is discovering that even the parts people
         | thought were developed "fresh" and not just straight-up asm2c'd
         | from Nintendo are actually stolen from other open source
         | projects in a way that tries to conceal the origin of the code.
         | 
         | Whether you'll find that "more morally reprehensible" or not
         | will largely depend on your personal morals, but clearly for
         | some people that seems to be the case...
        
           | TuxSH wrote:
           | Yes, libogc is a dumpster fire and the dkP org would be
           | better served by rewriting a libogc replacement (w/ a
           | different API) from scratch, quite honestly.
           | 
           | What I find odd is the timing, I highly suspect he learned
           | about it many months ago.
           | 
           | > There's a wide gradient of how much effort people put into
           | reverse engineering consoles in a legal way vs. just copying
           | code straight from their decompiler and slapping an open
           | source license on it.
           | 
           | Agreed (I replied the same in another comment)
        
         | userbinator wrote:
         | _which Marcan is complaining about_
         | 
         | "That prick again?" Not surprised at all. He's been trying to
         | stir shit up for a long time, and best ignored as a troll.
        
         | sunaookami wrote:
         | >I don't know much about the Wii scene
         | 
         | It shows. It's an open secret to everyone in the Wii scene that
         | libogc is based on proprietary Nintendo code.
         | 
         | >but what I do know is that libctru (3ds)/libnx (Switch) don't
         | have that drama nor made the mistakes made in libogc
         | 
         | Because WinterMute is not behind them.
        
       | jillyboel wrote:
       | Since y'all decided to flag my other comment I'll rephrase: Can
       | someone explain what harm is being done by an open source non-
       | commercial project "stealing" code? Who is actually hurt by this,
       | and how?
       | 
       | Let's ignore for the moment nothing was actually stolen since the
       | original authors still have their copies.
        
         | jchw wrote:
         | Call it what you want, but it's just disrespectful and
         | unnecessary. I'm sure we've all fucked up somewhere and didn't
         | attribute something correctly, but I feel like once it's been
         | brought to your attention, it's just silly to not at least
         | acknowledge it (especially if people are paying you to work on
         | it). In this case, it's a somewhat serious licensing issue even
         | if it is unlikely to lead to any actual legal action.
         | 
         | Stolen valor isn't really literal theft either, but that
         | doesn't mean it's okay to do it.
        
           | jillyboel wrote:
           | Okay, sure. But the question is what harm is being done. Am I
           | understanding you correctly that your answer is that there is
           | none?
        
             | saagarjha wrote:
             | Would you accept any definition of harm short of money
             | being lost or someone beating you with a club?
        
             | iczero wrote:
             | Your code is my code actually. I wrote all of it. Where's
             | the harm?
        
         | 1970-01-01 wrote:
         | You have a great point. I'm finding it hard to determine that
         | actual harm has occurred here. The problem can be corrected,
         | and the hbc project can still meet the requirements and spirit
         | of open source. But neither fail0verflow nor libogc seem to
         | care about any of this, and instead everything was frozen. You
         | don't need permission to use open source code.. So there
         | appears to be _two_ double standards occurring at once. This
         | story is weird.
         | 
         | >The current developers of libogc are not interested in
         | tracking this issue, finding a solution, nor informing the
         | community of the problematic copyright status of the project.
         | When we filed an issue about it, they immediately closed it,
         | replied with verbal abuse, and then completely deleted it from
         | public view.
         | 
         | >For this reason, we consider it impossible to legally and
         | legitimately compile this software at this point, and cannot
         | encourage any further development.
         | 
         | >fail0verflow.com: "when success just isn't an option"
         | 
         | >https://github.com/atgreen/RTEMS?tab=License-1-ov-file
        
           | jchw wrote:
           | > I'm finding it hard to determine that actual harm has
           | occurred here. [...]. But neither fail0verflow nor RTEMS seem
           | to care about any of this.
           | 
           | ? There isn't really any evidence that the original RTEMS
           | developers are aware of this situation.
           | 
           | > You don't need permission to use open source code..
           | 
           | "Open source" on its own is just industry jargon. When you
           | use open source code, you are copying it in accordance with
           | an open source copyright license. The copyright license
           | contains certain stipulations around how it is allowed to be
           | used. For example, BSD licenses require that the copyright
           | notice is included when using the code. IANAL but my
           | understanding is if you omit this information even though
           | your work is a derivative work of the original you're in
           | violation of the copyright license.
           | 
           | > So there appears to be two double standards occurring at
           | once.
           | 
           | You should really elaborate who is being held to what
           | standards because I can't make sense of this.
        
             | 1970-01-01 wrote:
             | The point is that nobody is being held to anything. Who
             | will make a case in court? There is nobody to enforce the
             | law, and if there was someone, it can be easily corrected
             | by including these license files. Therefore nothing is
             | blocking either project.
        
               | jchw wrote:
               | > The point is that nobody is being held to anything. Who
               | will make a case in court? There is nobody to enforce the
               | law, [...]
               | 
               | Lawsuits are very expensive for all parties no matter
               | what, there is clearly no intent to try to engage legal
               | action. That has nothing to do with anything. They're
               | trying to distance themselves from illicit behavior,
               | including the behavior they already knew about and let
               | slide in 2007.
               | 
               | (And I doubt it's being done for legal reasons, but
               | distancing yourself from illicit behavior does matter;
               | take a look at what happened with Citra. The case
               | partially hinged on their responses to piracy.)
               | 
               | > It can be easily corrected by including these license
               | files. Therefore nothing is blocking either project.
               | 
               | Tell that to the libogc developers who seem to only be
               | interested in burying the problem rather than trying to
               | rectify it in any way.
        
               | 1970-01-01 wrote:
               | These points don't seem to be an argument that harm has
               | occurred.
        
               | jchw wrote:
               | What _is_ harm? Does infringing someone 's copyrights not
               | count?
        
               | 1970-01-01 wrote:
               | No, it sometimes does not. The crux is that this is a
               | somewhat novel GPL violation, and their knee-jerk
               | reaction to freeze development is extreme. It's a weird
               | story.
        
               | jchw wrote:
               | They just "froze" upstream development, but it was purely
               | performative; there isn't actually active upstream
               | development.
               | 
               | If you wanted to fork it and continue development you
               | certainly could.
        
         | bogwog wrote:
         | Copyright infringement _isn 't_ stealing, but people still say
         | it is in casual conversation. Either way, that doesn't mean it
         | isn't illegal.
         | 
         | > Can someone explain what harm is being done by an open source
         | non-commercial project "stealing" code? Who is actually hurt by
         | this, and how?
         | 
         | It's an accusation of plagiarism. Do you not understand why
         | plagiarism causes harm?
        
       | xbmcuser wrote:
       | In my opinion with how much Nintendo likes to sue this is about
       | getting ahead of the situation and covering their backside of
       | Nintendo wakes up and throw their lawyers at them
        
       | Starlevel004 wrote:
       | It's not exactly a secret that the 2000s nintendo console
       | homebrew scene is based on leaked SDKs.
        
       | bogwog wrote:
       | This is a strange accusation. The repo linked as proof
       | (https://github.com/derek57/libogc) consists of over 100 commits
       | meticulously converting the libogc codebase to look more like the
       | RTEMS codebase, and claiming that's enough proof that it's the
       | same codebase. I wonder if it'd even build, or if those changes
       | didn't break anything?
       | 
       | Regardless of whether there's any truth to this anonymous
       | accusation, this doesn't seem like the right way to go about it.
       | An article walking through some of the similarities would be much
       | more helpful to prove the point (and probably less work for
       | whoever went through this exercise).
       | 
       | At least provide some links to RTEMS code comparing the libogc
       | code. The OP cites these
       | (https://github.com/devkitPro/libogc/blob/52c525a13fd1762c103...
       | and
       | https://github.com/atgreen/RTEMS/blob/2f200c7e642c214accb7cc...),
       | but that's hardly a smoking gun. The function is trivial, just
       | filling in some struct fields. The logic for choosing the stack
       | size is the same, but it's also trivial and I'd just as likely
       | attribute it to the function interface.
       | 
       | I'm not saying it isn't true, I just find this to not be the most
       | credible accusation I've seen. This feels like some opensource
       | drama thing, and the readme doesn't help, being both lacking
       | information and including lines like:
       | 
       | > How disgusting...
       | 
       | EDIT:
       | 
       | also, they have another serious accusation without ANY proof:
       | 
       | > we discovered that large portions of libogc were stolen
       | directly from the Nintendo SDK or games using the Nintendo SDK
       | (decompiled and cleaned up).
        
         | athrowaway3z wrote:
         | For completeness sake; another possibility is that both took
         | from the same source.
        
         | jchw wrote:
         | FWIW, whether you agree with the accusation or not, it isn't
         | anonymous. The commit history makes it obvious that it's marcan
         | (Hector Martin) making the accusations.
         | 
         | Whether it's really worth all of the hooplah or not is going to
         | be up to taste. I think it's pointless to just not explicitly
         | credit RTEMS personally, but I suspect the real point of doing
         | this is probably in large parts just to distance themselves
         | from the reverse engineered libogc code.
        
           | bogwog wrote:
           | > FWIW, whether you agree with the accusation or not, it
           | isn't anonymous. The commit history makes it obvious that
           | it's marcan (Hector Martin) making the accusations.
           | 
           | I was referring to this repo by github account "derek57":
           | https://github.com/derek57/libogc
           | 
           | I assume it's anonymous because the account has no public
           | contact info.
        
       | ndiddy wrote:
       | I'm not a lawyer, but publicly announcing that you found out that
       | you were using a library largely consisting of decompiled
       | Nintendo SDK code, then continued to use it and distribute
       | binaries with the library compiled into them seems inadvisable to
       | me. On the other hand, the Wii's no longer commercially relevant
       | so I doubt Nintendo will do anything about it either to him or to
       | the DevKitPro project. Maybe that's why Marcan waited so long to
       | go public about this. I'm also not sure why he thought copying
       | code uncredited from a Nintendo SDK was good enough to
       | "reluctantly continue to use the project" but copying code
       | uncredited from a 25 year old release of an RTOS written by a
       | defense contractor was a step too far. Different people have
       | different moral standards I guess.
       | 
       | I will say that in general, the DevKitPro maintainers are very
       | much on the "Cathedral" side of the spectrum and behave very
       | abrasively, so the reaction Marcan lists doesn't surprise me. In
       | general their licensing philosophy is "make it as easy as
       | possible to write homebrew using the toolchain while making it as
       | difficult as possible to fork/build your own copy of our
       | toolchain". All of the console-side libraries are permissively
       | licensed, while the tooling to build at least some of their
       | libraries doesn't have a license file, is undocumented, and the
       | maintainers ignore any requests for help from people who are
       | trying to use it. DevKitPro is also extremely aggressive with
       | enforcing their trademarks, to the point of issuing takedowns to
       | people who are hosting unmodified old releases of the toolchain.
       | Trying to sweep the libogc licensing issue under the rug (i.e.
       | moving the issue about the licensing to a private repo instead of
       | even just closing it) to try to keep the project Zlib licensed
       | tracks with this behavior IMO.
        
         | eqvinox wrote:
         | Copyright laws (in sane countries) have (varying amounts of)
         | exceptions for reverse engineering pieces that are required for
         | compatibility/interoperability.
         | 
         | Whether this applies to the Nintendo SDK... no clue, ask your
         | lawyer ;). (i.e.: was there an alternative option to using RE'd
         | pieces of the Nintendo SDK?)
         | 
         | It makes sense from a perspective/perception of: with the
         | Nintendo SDK, [if] there wasn't really a choice or an
         | alternative. With the RTEMS code there was.
        
       | DidYaWipe wrote:
       | What is "RTEMS?"
        
         | detaro wrote:
         | as the link says, an open-source RTOS.
        
         | shakna wrote:
         | > RTEMS is an open source Real Time Operating System (RTOS)
         | that supports open standard application programming interfaces
         | (API) such as POSIX. RTEMS stands for Real-Time Executive for
         | Multiprocessor Systems. It is used in space flight, medical,
         | networking and many more embedded devices. RTEMS currently
         | supports 18 processor architectures and approximately 200 Board
         | support packages.
         | 
         | https://www.rtems.org/
        
         | firesteelrain wrote:
         | It's a real time operating system for for serious embedded
         | systems where standards compliance and predictability are
         | critical -- think satellites or military drones. It compares to
         | VxWorks if you are familiar with it
        
       | thescriptkiddie wrote:
       | sorry if this is an unpopular opinion, but i have absolutely zero
       | problems with them reverse-engineering nintendo code, nor do i
       | really care that much about GPL violations against a project
       | called "Real-Time Executive for Missile Systems"
        
       ___________________________________________________________________
       (page generated 2025-04-27 23:00 UTC)