On Sun, Oct 24, 2010 at 8:07 PM, tueidj traden <[email protected]> wrote:
>
> The Google Code project named "SneekyCompiler"
> (http://code.google.com/p/sneekycompiler/) is hosting several files that I
> believe violate the terms of use for one or more of the following reasons:

I don't work for Google, but I have a few comments/questions about this.

> - The original owner of the files has not given permission for them to be
> distributed
> - They contain proprietary code belonging to Nintendo, Inc.

At least some of those programs are definitely open source, so the
original owner doesn't need to give explicit permission. And it's not
clear to me that any of the software being distributed is owned by
Nintendo, though I could be wrong. Either way, if *you* aren't the
owner of any of that, I think you are not in a position to complain
about it--the owners can send a DMCA takedown request.

> - They exist for the sole purpose of exploiting a weakness in Nintendo's
> servers to circumvent paying for additional game content

That is definitely not true of the SneekyCompiler, which is a wrapper
around a suite of other programs, unless I misread the source code.

> - No source code is provided for several programs despite the project being
> labelled as using the GPLv2 license

The SneekyCompiler program which is the focus of the project *does*
provide source code (here:
http://code.google.com/p/sneekycompiler/source/browse/trunk/main.cpp),
and it was my understanding that it wasn't necessary to directly
provide the code for support programs like wget. I could be wrong
about this--could someone clarify?

That said, the project does appear to be distributing a copy of winrar
for some reason, so that at least does need to go. Maybe some of the
others are not open source, but I'm not sure. Some of them certainly
are.

> The common term for these files is "warez" and I believe the maintainer of
> the project is simply using the Google Code repository to host these files
> for others to download, rather than its intended purpose.

I don't agree with this assessment, but it's not my place to judge
whether this violates the TOS. I just wanted to provide a little more
information.

-- 
Tracy Poff

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