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    SubjectRe: Why is Nvidia given GPL'd code to use in closed source drivers?
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    On Fri, 2003-01-03 at 16:16, David Schwartz wrote:
    > On Fri, 03 Jan 2003 12:51:04 +0000, Andrew Walrond wrote:
    >
    > >Yes but....
    >
    > >I develop computer games. The last one I did took a team of 35 people 2
    > >years and cost $X million to develop.
    >
    > >Please explain how I could do this as free software, while still feeding
    > >my people? Am I a bad person charging for my work?
    >
    > >Really - I want to understand so I too can join this merry band of happy
    > >people giving everything away for free!
    >
    > You can't with the GPL, because it presents you with a "take it or leave it"
    > package deal. But you could with a different license.
    >
    > What you do is you base your game off of whatever open source code gets you
    > the furthest. The game itself, of course, is closed source. After your first
    > few months of sales, you contribute some of the code you wrote back to the
    > open source community.
    >
    > Why shouldn't you? It hurts you not one bit and it's free publicity. Heck,
    > after a few year, maybe you open source the whole game.
    >
    > The next person to write a game can start where you left off to some extent.
    > He can develop a better game for less money, and he can contribute more code
    > back to the community. Eventually, there may be enough code in the comnunity
    > to develop such complex games entirely open source.
    >
    > However, with a license like the GPL, every game has to be developed on a
    > proprietary base. You simply can't afford to put any money into an open
    > source base. So every game has to start back from square one, or the most
    > advanced proprietary base that can be found.
    >
    > Everybody loses except the person who makes the proprietary base or engine
    > you started with. I think working to make all software better and cheaper is
    > much more noble goal than working to arm twist other people into giving you
    > their code.
    >
    > And the best part is, you can work to strengthen fair use, first sale, and
    > oppose the validity of shrink wrap licenses. You can argue for a narrower
    > definition of a derived work. In fact, you can at least *try* to win the
    > legal war.
    >
    > DS
    >
    >

    That is not right. The problem is that all people think that you can't
    sell a game if it is Free Software. If the game is good you can. People
    buy paintings and public domain classic music...

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