Eugene "Sev" Sandulenko -- co-lead developer of ScummVM, an interpreter for "classic graphical point-and-click adventure games," says that the project's development team arranged a settlement agreement with Atari over alleged GPL violations in its Wii ports of three classic Humongous Entertainment titles (Freddi Fish: The Case of the Missing Kelp Seeds, Spy Fox in "Dry Cereal", and Pajama Sam: No Need to Hide When It's Dark Outside).

Sandulenko claims that the subcontracted Ukranian developer behind the ports, Mistic Software, "stacked together a ScummVM build". He added that after inspecting one of the game's binary, he found full credits for the ScummVM team as well as comments asking developers to report bugs to the group. He was also able to reproduce a unique bug from an old build of the interpreter.

Atari's lawyers first denied the allegations when approached with the team's discovery, but later discussed resolving the matter by adding ScummVM copyrights on new prints of the games and applying GPL stickers to current copies on store shelves. After finding out that Nintendo prohibits the use of open source software with its Wii SDK, however, Atari realized that it could not add a GPL clause to the games.

As a result, the team and Atari came to another agreement:

"The rough details of the final settlement were: [ScummVM developers Max "Fingolfin" Horn and Gregory "cyx" Montoir] can post an agreed 'press release.' They are not allowed to talk more about it.

There is a period of time in which all current copies have to be sold. Any copies beyond this period or any reprints get fined with quite high fine for each new/remaining copy. The remaining stock has to be destoryed [sic].

There will be no single usage of ScummVM for any of upcoming games without our knowledge. Atari makes a significant donation to Free Software Foundation. Atari covers all expenses on gpl-violations.org lawyers."

Sandulenko says that the team isn't satisfied with the settlement, but felt it was better than involving itself in an expensive and lengthy trial. He adds, "So, when you will see Pajama Sam, Freddi Fish or SPY Fox games for Wii now in stores, know, that ScummVM is in there. And when you hear about ScummVM, remember, it is a commercial grade software which even Atari is not ashamed to put their label on."

[Via PDRoms]