Hyperkins’ Retron5 – continuing licensing problems

Yesterday, Hyperkin responded to our earlier article by acknowledging that they indeed did do what we claimed them of having done. In response, they posted a raw source code dump of the video game emulator software in question, confirming they were indeed infringing copyright and violating licenses.

http://www.nintendolife.com/news/2014/09/hyperkin_responds_to_accusations_of_infringing_on_the_rights_of_emulator_creators

http://retron5.in/node/9

However, they did not open source the code taken from the RetroArch project that is used within Hyperkin’s own frontend software.

By using RetroArch’s GPLv3 code, they are not only violating the license but breaking clauses that prohibit “Tivoization”

Today, Hyperkin posted another statement regarding the allegations of RetroArch code, admitting that code is indeed used in their product shipped in all versions of their firmware below the most recent release.

https://www.retro5.net/viewtopic.php?f=11&t=57&sid=638613d1c1de4fc414c15cc2654597e1&start=10#p267

I’d like to clarify one point regarding the allegations over at libretro.com: we are not using any of RetroArch in our “frontend” (libretron.so). While it is true that a few ASM functions from RetroArch were previously found in our frontend library, these were merely remnants of old test code which we unfortunately forgot to remove. The offending code has been removed as of the v2.0 update. We’re sorry that this code was left in the binary up until recently; it was merely an oversight on our part. Furthermore as you will see from the source release of the emulator cores, we have our own interface between the frontend and the core plugins, totally different from that used by RetroArch itself.

As our frontend does not include any code from the RetroArch frontend then it does not fall under GPLv3 as they claim, and thus is not bound by any of the anti “TIVO-ization” stuff.

We believe that previously distributed copies of Hyperkin’s firmware now fall under GPLv3 licensing and anti-tivoization terms and must be open sourced in order to adhere to the license. Also, we do not know the legality of selling a product with a firmware containing GPLv3 code in a TIVOized state, and then removing that GPLv3 code later on in a successive firmware update to effectively TIVO-ize it. That is something for FSF lawyers to ponder.

Visual evidence of RetroArch’s code in use by Hyperkin’s frontend binaries can be found here:
http://imgur.com/a/i56YF
http://www.libretro.com/index.php/retroarch-license-violations/ (see middle section titled “RetroArch”)

This can be compared against this codebase snapshot (they based the code’s inclusion on this snapshot of the code) –

https://github.com/libretro/RetroArch/tree/2be201ecf39077c864d06089a5b48aa97b170f8d

They’ve also alluded to using forced firmware updates to make sure the user cannot run original copies of the GPL software they bundle on this device, further adding to the TIVoization claims –

http://www.gamnesia.com/articles/gamnesias-exclusive-scoop-on-the-upcoming-retron-5#.VCKBh-IvBhE

Q: Assuming someone does break into it, how are you going to deal with that?
A: We do provide firmware updates through SD card support. If we start noticing people hacking and things like that—which I’m not against whatsoever; that’s the times we live in now, where if you could hack something, you’re a genius—we can release firmwares at any moment that would be required to start playing games. With that, you know, we can limit the control on that. – See more at: http://www.gamnesia.com/articles/gam…5#.VCKBh-IvBhE

There is another problem with what was stated here –

https://www.retro5.net/viewtopic.php?f=11&t=57&sid=638613d1c1de4fc414c15cc2654597e1&start=10#p267

They claim they no longer have any RetroArch code in their latest firmware and that  they have their own API that they use to dynamically link the core against their frontend (unreleased and closed-source). The problem with this is that their API appears to be not GPL-compatible.

For evidence, download the ZIP contained in here  (RetronN5Source-20140923.zip) and look at engine/retronCommon.h.

http://retron5.in/node/9

This API would need to be under a GPL-compatible license to be compatible with FCEU and VBA. Furthermore, it’s unknown what license the ‘frontend’ is licensed under, and since it’s closed-source and kept concealed, there’s no way of knowing if it infringes on the GPL license or not.

A core being exposed to the frontend through an API like this constitutes a combined work, because it is not a ‘well-separated work’ as per the terms stated here –

http://www.gnu.org/licenses/gpl-faq.html#GPLInProprietarySystem

The core doesn’t do anything without the frontend, and the frontend links to this core dynamically through dynamic linking. The core is reliant on the frontend to do the audio/video/input processing, without which nothing would be displayed on the screen, no input would be received by the core, and no audio samples would get output.

Therefore, we believe that their latest acknowledgements raises even more questions as to the level of compliance they’ve demonstrated so far with the GPL license. It raises therefore even more questions than it solves, further adding to the already quite considerable list of problems with this device.

Non-commercial cores – SNES9x Next

And of course, the fact that the two non-commercial cores are still being shipped with the device is another problem altogether. The license for SNES9x states specifically:

https://github.com/snes9xgit/snes9x/blob/master/docs/snes9x-license.txt

Permission to use, copy, modify and/or distribute Snes9x in both binary
and source form, for non-commercial purposes, is hereby granted without
fee, providing that this license information and copyright notice appear
with all copies and any derived work.
This software is provided ‘as-is’, without any express or implied
warranty. In no event shall the authors be held liable for any damages
arising from the use of this software or it’s derivatives.
Snes9x is freeware for PERSONAL USE only. Commercial users should
seek permission of the copyright holders first. Commercial use includes,
but is not limited to, charging money for Snes9x or software derived from
Snes9x, including Snes9x or derivatives in commercial game bundles, and/or
using Snes9x as a promotion for your commercial product.
The copyright holders request that bug fixes and improvements to the code
should be forwarded to them so everyone can benefit from the modifications
in future versions.
Super NES and Super Nintendo Entertainment System are trademarks of
Nintendo Co., Limited and its subsidiary companies.

 

“Commercial users should seek permission of the copyright holders first” – refer to Hyperkin’s Retron5 licensing software page here –

http://retron5.in/node/9

They used the SNES9x Next fork specifically. This is a fork that I created specifically to serve as a libretro core. My list of contributions extends to the following:

– Added game-specific speedhacks to make them fullspeed for low-power systems like the Nintendo Wii and PlayStation3. This includes games like Final Fantasy III/VI, Star Fox, Star Fox 2, Super Mario World 2: Yoshi’s Island, and numerous other cores which were previously too slow on such devices.

– Added SuperFX overclocking code to make it possible to run SuperFX games at faster rates.

– Converted the entire codebase from C++ to C89.

– Wrote the libretro API integration parts together with Themaister/Hans-Kristian Arntzen. (NOTE: Libretro is licensed under the MIT license)

As you can guess, they have never sought my permission to use this in their commercial product. And they will never get it either. They are expressly forbidden by me (one of the copyright holders) to use this version of SNES9x in their commercial product. I’m still awaiting a response from the rest of the upstream SNES9x devs but I can’t expect their reaction will be that much different.

I will be taking steps of my own accord to ensure that this situation will be rectified.

Non-commercial cores – Genesis Plus GX

The Genesis Plus GX developers have been made aware of the facts as well and they can make their own moves as to how to deal with this.

On SNES9x Next however, I have considerable copyright claims and therefore I am in an ideal position to clamp down on this misuse of its code.

Last parting message

This can be read from Hyperkins’ response to our earlier article on Nintendolife.com

It has always been our intention to release the relevant source code for the open source emulators used within RetroN 5. We have not been as quick as we could have been, since we have been busy improving the RetroN 5 user experience. The relevant source code has now been released. From this point forward we will not only keep our copy of this code updated for those who wish to obtain the latest version, but also submit patches for any fixes that we implement back to the original projects so that the entire community may benefit. Hyperkin will continue to endeavor to fulfill the licenses of any project used within RetroN 5 and any other software we write.

If Hyperkin is indeed serious about this, they will save my time and the time of the Genesis Plus GX developers by pre-emptively (and immediately) stripping the non-commercially licensed SNES and Genesis cores from their product. We’d rather be busy doing actual development that users benefit from and that benefits the community instead of having to go to the trouble of sending a bunch of Cease & Desist notices.

Also, let it be known that as of this moment I have contacted the FSF regarding the GPL violation matters because there remains too many unanswered and unsolved problems for us to be thoroughly satisfied. Our beef is not with the product – if Hyperkins’ Retron5 was put out in a honest way and in a way that wouldn’t infringe upon the licenses of these emulators, they would be legally allowed to use it in this way. As it stands, they did not do their homework before putting this product out and their actions so far reek of negligence, irresponsibility and a calculated move to reap the rewards of copyleft code without having to honor the license’s terms.

After RetroArch v1.1 – RetroBox

I was meaning to make this announcement after RetroArch v1.1 was released and this idea has been a bit long in the works. However, due to some sudden unexpected Kickstarters that have taken similar concepts and tried to create some kind of questionable monetization scheme around it, I felt compelled to make a pre-announcement about what we’re going to do post-RetroArch v1.1

RetroBox and why it’s needed

So the concept of RetroBox is based on a couple of problems:

  • There’s no real game console that is ‘open’ and which allows RetroArch to be on there without a jailbreak or a hack of some kind.
  • The ‘consoles’ that are open have an OS (Android) that is absolutely unsuitable for real-time performance oriented apps, such as (I don’t know) games. I’ve talked about this incessantly since 2012, but finally even the commercial games press seems to be becoming aware that there are definite performance bottlenecks associated to Android that prevents games from running at a stable deterministic framerate (read about all the problems here for instance – hardware that should be more than powerful enough with any other OS that do the job properly – http://www.eurogamer.net/articles/digitalfoundry-2014-nvidia-shield-tablet-review)
  • SteamBox/SteamOS seemed like the perfect vehicle at first for a true ‘open source’ gaming console that gives us a little bit more freedom than the typical Sony/Nintendo/Microsoft offerings. However, plenty of problems there as well. First of all, the fact that it’s limited to Intel. Second, the high prices these SteamBoxes are going for. Third, the unconventional gamepad which seems just totally ill-suited for the kind of ‘retro games’ that are commonly played in RetroArch. Fourth, the fact that it’s still by a commercial company like Valve, which operates its own DRM app store, and therefore at any time (no matter how well-intentioned) can change what is allowed and what isn’t on the platform to suit its business model. Fifth, SteamOS is a bit less ambitious than I initially thought it would. Still being dependent on X11 means we still don’t escape the X11 performance tax when ideally they should have just made their Steam launcher run on top of DRM/KMS inside a console for optimal latency. A bloated Debian distribution might make for a ‘safe’ OS but not sure if Debian is the right way to go for a gaming OS and it’s going to cause a lot of maintenance issues in the future.
  • All of these ‘alternatives’ that exist so far, either fall into the Android camp and are therefore no good (Ouya and the usual suspects), and/or they are being run by entrepreneurs who put their bottom line first before any passion for the project in general. Trying to base your operations around such a thing is like trading one evil (the big silo’ed off console platform holders) for another one, and in the end I’m not sure if the newer evil is going to be all that better to begin with.

RetroBox

So what is the RetroBox project going to amount to?

  • Figure out a way to turn ARM/x86 small form factor boxes (from Intel NUCs all the way into XBMC boxes) into plug-and-play game consoles powered by RetroArch.
  • Have a free open source distribution that is very lightweight.
  • Strive for the most optimal conditions possible – ie. DRM/KMS mode, no X11, minimal packages installed in this distro other than what libretro ports/RA actually needs.
  • Make this a ‘Proof of Concept’ for what a game console centred around the libretro API can be.
  • Plug-and-play – can be operated with a gamepad entirely, keyboard and mouse are entirely optional.

RetroBox will be an open-spec game console. It’s not owned by any particular company, and it will operate much like the 3DO/VCR model where any manufacturer could make his own box. Because RetroArch is so impressively multi-platform and portable, you don’t even have to limit yourself to a specific processor architecture like ARM – most libretro ports are available for most microarchitectures available, so you can pick and choose your own hardware.

The aim here is to create an ecosystem that is more open, more optimal and definitely more interesting than what is provided so far by the Androids, iOSes, and Steams of this world. And to have a POC game console platform of our own that illustrates this best.

Why is RetroArch a good fit for this?

  • From its inception, RetroArch has featured a gamepad-controlled UI that has thrown many PC users for a loop that were used to traditional WIMP point-and-click UIs. We have sticked to our guns for a long time and maintained this was the right road to travel, because we always envisioned RetroArch as this ‘game console platform’ all unto itself. RetroBox will see that high-level concept come into reality and made even more convenient.
  • Our API perfectly allows for the kind of plug-and-play portability we want and need through this game controller abstraction called the RetroPad.
  • RetroArch is second to none when it comes to optimal audio/video. Despite the so-far pretty lacklustre eyecandy found in its UI, there is basically nothing out there it plays second fiddle to when it comes to this department. And it’s also one of the few projects that aims for certain best practices on Linux like ensuring that everything can be ran from DRM/KMS instead of just solely depending on X11.  Latency, audio/video performance, and the impeccable shader subsystem all make for a great platform for a game console.
  • People are already doing this right now anyway. There’s an obvious demand for this and there’s an obvious need among all those ARM boxes to introduce some sanity to them and to make sure that things run right out of the box. It’s a lot of work having to fiddle around with these boxes and to even get semi decent/passable performance out of them. Might as well focus on this and make it part of the overall plan

So what is this project NOT going to be?

Every effort will be undertaken to ensure this will not be your typical sleaze-ridden entrepreneurial ‘scam’ where the main incentive is ‘get-rich-quick’. There will be NO Kickstarters, no Indiegogos, no crap like that going on. I would find it morally unconscionable raking in thousands of bucks for an undertaking like this off something that is typically going to be used by most people as a way to play emulated videogames run on copyrighted trademarked video game consoles made by commercial companies. If other people want to sell out and try to make themselves a buck off this ‘retro game stuff’, they can go ahead and do it. We will try to maintain a clean nose and keep ourselves out of this potential legal quagmire. The ramifications will be huge in the long run and we refuse to have any part in it.

So, crowdfunding is not an option. So far we are going to run the RetroBox project with our own personal finances and with the hardware we already have. Which is why it’s essential that we have your support in this endeavor. Hardware gifts will be of the utmost importance in ensuring this project will become better. However, hardware gifts will only be necessary for stuff we necessarily need – so that this doesn’t become another way of profiteering altogether.

Not just about emulation

Also, RetroBox will NOT be only about emulation. I keep stressing that RetroArch is NOT a multi-system emulator frontend, and I mean it. I want to ultimately see this evolve into its own game platform, with indie games, emulators, games, virtual reality applications and rich multimedia applications all competing for the user’s same attention. So you will be also seeing a lot of additional stuff not related to emulators at all, but which will be just as exciting.

Of course, because this is an open-spec console, emulators don’t get relegated to the sidelines like they would on a traditional videogame console. This is what will make RetroBox different – the freedom is in the hands of the user, and the platform holder doesn’t dictate to the user what he/she can’t do with this box.

What about features that people want to see?

We will try to make sure that this has as many of the bells and whistles that these sleaze-ridden KIckstarter-founded projects have such as Ignition and Gamertopia. The whole NES Remix-idea for a kind of retro game console is a good idea, as is netplay, leaderboards and that kind of thing. We think we can do all of this better anyway because of RetroArch’s impeccable cross-platform nature. I think we can do this netplay in a way that every RetroArch port out so far on any platform can play together with the RetroBoxes all the same.

What about standardization?

  •  There will be a Retro Performance Level (going from 0 to 15 and beyond) introduced that will range from very low-tier hardware to top-tier hardware (such as, say, SteamBox specs). Libretro cores will be able to look at this level at runtime, compare it to the performance level of the box in question and thereby evaluate whether or not the machine it’s running on will be able to run the core at fullspeed. If it can’t, it will display a warning.
  • This console will be about libretro ports using the libretro API. Therefore, we can gut any part of the Linux distribution that we don’t need.
  • I strongly believe in zero dependencies and keeping everything as lightweight as possible. Cores are also designed with this ‘zero-dependency’ ideal in mind. Everything that a libretro core should need should already be baked into the core from the start, so that it isn’t necessary for us to ship a truckload of packages (all of which can be potential dependencies and maintenance hazards) into the main distribution. So that means that if a core requires libusb, libusb gets baked in. If a core requires SDL, either the SDL specific code gets entirely removed or SDL gets baked in. Zero dependencies and making sure as much as possible is contained within the same dynamic library as the core itself will make this game console model sustainable.
  • By keeping this limited to the libretro API, it will basically be no different from any other RetroArch port to any platform we have done before in the past, like the PS3, 360, and whatnot. It is the same concept, except this time we’re going to make it happen for all this commodity hardware that is around.

So what will all this take?

  • Time
  • Community support. More hands on decks for this project, the better – since we will need to cover a lot of hardware
  • Dedication and the will to see this through to completion. Not going the obvious sleaze-ridden entrepreneur route obviously puts us at a large commercial disadvantage to play on an even playing field but then having risks is all part of the fun and we think users can see behind the promises of most of these other projects anyway. We have had a consistent track record so far and we are not going to compromise on our core values now either.

So when will all this start?

So yeah, this announcement is a bit of a ‘jumping the gun’ type of affair, but I felt I had to say something. I felt compelled to make this post because I see a lot of Johny-came-latelys trying to make a buck for themselves by filling an obvious gap in the market, and I just want them to know about our plans and that there’s something coming up that will put all their ‘accomplishments’ to crap. Hopefully people have gotten wise at this point and they don’t buy into another Ouya. Then again, given the obvious sleaze associated to these Kickstarter-led ‘game consoles’ and the empty hollow platitudes and ‘dumbspeak’ (and most importantly the amount of money they can accrue), you never know.

This project will start being kicked into high gear after RetroArch v1.1 is released. If you are interested in helping out in any way possible, drop us a mail at [email protected].  This project is being started because most importantly we feel like doing it and not out of any sleazy attempt to ‘get rich quick’ or whatever the incentive is by most of these entrepreneurs. Hopefully our attempt to keep this ‘real’ and not branch off into entrepreneurial la-la land will be appreciated by endusers, developers and platform holders alike.