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Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by jakebasile on Thursday May 04, 2017 @02:25AM (#14262898)
It probably isn't strictly a legal obligation to return the physical disc barring stolen property stuff, but it would definitely be illegal to redistribute copyrighted code without a license to do so. Maybe you could claim some type of fair use but it wouldn't be transformative so I can't see how.

As for morality, I apply the golden rule: if someone found the code I wrote for a groundbreaking piece of software, and I didn't want to open source it, I'd really like for them to respect my wishes and return it.

Edit: I'm unable to reply further, but to clarify I was referring to the maxim of reciprocity or "do unto others". If the positions were reversed I'd want my property returned. If I find someone's wallet I'd return it if possible, as I'd want someone to return mine.

"The needs of the many outweigh the needs of the few" is my favorite Star Trek quote, but I don't think it applies in this situation as it was intended as a motivation for a personal decision to sacrifice, not to force someone else to sacrifice. That line of thought can get pretty dark pretty fast.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by scrollaway on Thursday May 04, 2017 @02:31AM (#14262926)
> I apply the golden rule: if someone found the code I wrote for a groundbreaking piece of software, and I didn't want to open source it, I'd really like for them to respect my wishes and return it.

Is that really the golden rule? What about "the good of the many"?

Returning it to Blizzard directly is good for Blizzard. Returning your code is good for you. Realistically, it has little monetary value (all the "value" will be spent on lawyers arguing what the value is), so maybe it's only good for you because it's simpler for you.

What if your sense of morality is not in line with everyone else's sense, and I'm returning code to someone who will not do "the moral thing" afterwards? Does that make me immoral?

Point is, this is not an easy decision at all. It's not an easy answer at all. I'd be petrified and I believe anyone else who spends time to consider the implications would be too.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by FooBarWidget on Thursday May 04, 2017 @03:06AM (#14263088)
> What about "the good of the many"?

That's like saying that robbing Bill Gates and distributing the money to millions of poor people is morally good because it's good for many people.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by jhasse on Thursday May 04, 2017 @10:38AM (#14265121)
Well taxes and social welfare are distributing the money of the rich to millions of poor people.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by casiotone on Thursday May 04, 2017 @08:55AM (#14264421)
I'm sure you'll be surprised to find that many people do think that would be morally good.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @03:19AM (#14263127)
That degrades property rights, so it's bad for the many.

Unless you systematically take most of the money away from billionaires, which could be totally justified if society wanted to enact such a tax.

In the case of 20 year old source code, there's not really an important norm to uphold.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by braveo on Thursday May 04, 2017 @05:27AM (#14263621)
Wait, so let me get this straight.

Your reasoning for that is "it degrades property rights", but you're for publicly releasing Blizzards property for "the good of the many"?

You want the source to be available and you're trying to back into it with some sort of moralistic argument instead of just admitting that you want the work to be available but have no real basis for it outside of personal preference.

Because that's what happens when you try and make a rational argument for why you just want something. You get ridiculous arguments like "it's not ok in this case because property rights, but it's ok in this other case despite property rights".

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by tripzilch on Friday May 05, 2017 @11:35AM (#14274194)
> Your reasoning for that is "it degrades property rights", but you're for publicly releasing Blizzards property for "the good of the many"?

just the information on the cd, obviously.

degradation of property rights has nothing to do with copyrights.

and suddenly it's very clear, if the round bit of plastic was very valuable (maybe it's gold, maybe it's the only copy), then yeah obviously you're doing right if you give it back.

after you made a copy.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @06:38AM (#14263861)
If you look at the other posts I made, it should be more clear.

There are different kinds of property rights.

The property rights for the money you have in your bank account are important. (But if we wanted to add a rule-based tax across everyone that would be okay.)

The intellectual property rights for recently-made things are important.

The intellectual property rights for 20 year old code are not at all important. It's okay if we file off that specific corner of the law.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by tripzilch on Friday May 05, 2017 @11:44AM (#14274263)
"intellectual property rights" aren't even "property rights", they just confusingly use the same terms.

we had to invent copyright to mean anything at all, it didn't exist before. but even animals have some basic concepts about actual property rights (they can get righteously angry about it, for instance).

it's the word "property" in "intellectual property" that is misleading (deliberately, like the word "patriot" in "patriot act"). it's just a legal term, it didn't (quite) magically turn information into physical property when we came up with it (just one or two centuries ago).

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by braveo on Thursday May 04, 2017 @09:34AM (#14264670)
and the property rights to my house are unimportant because the house is 20+ years old.

oh wait.... something is wrong with that thought process, but I'll let you split another hair in your attempt at a meaningful dichotomy.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @10:49AM (#14265205)
You don't see any difference between physical property and source code?

I can't wait until you find out that sufficiently old intellectual property goes public, while sufficiently old houses don't go public! Have fun blaming that on me splitting hairs when it wasn't my idea.

More seriously, intellectual property is a number of different things lumped together, and they serve different purposes. Copyright exists to encourage new works, and while you can make arguments that there are some benefits from copyright being long-lasting on the creation of works like books and pictures, it's basically impossible to make a similar argument for code.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by braveo on Thursday May 04, 2017 @11:46AM (#14265706)
So the splitting of the hairs you're attempting is to point out that IP typically expires at some point, and therefore we should all consider anything "old" as effectively having expired IP, regardless of whether that's true or not.

Blizzard's IP hasn't expired, your argument here holds no water.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by wtetzner on Thursday May 04, 2017 @12:25PM (#14266150)
IP is different that physical property. If someone takes something physical from anther person, the original owner loses that object. But if someone "takes" (copies) source code from someone, the original owner still has it. Now two people have it instead of one.

By the way, I'm not making any arguments about morality. I'm just pointing out that IP is different from physical property in important ways.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by braveo on Thursday May 04, 2017 @12:36PM (#14266271)
It's an unimportant distinction for the purposes of this discussion.

Under the law, damages have occurred, especially if someone then takes that source code and makes it public.

So whether you have 2 copies or 1 copy or umpteen copies, if you've economically affected someone, you will lose that fight in court.

But this is not relevant to this discussion and I think we should keep on topic.

The point is this:

Dylan16807 is just trying to rationalize something that he wants, which is for the source code to be public.

It doesn't matter how IP differs from owning a house. It doesn't matter if it can be copied (and thank you for having the arrogance to explain that on board full of developers, btw...).

None of this matters. What matters is that Blizzard paid for the creation of the code, and they're afforded protections under the law.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @03:26PM (#14267899)
> So the splitting of the hairs you're attempting is to point out that IP typically expires at some point, and therefore we should all consider anything "old" as effectively having expired IP, regardless of whether that's true or not.

It's very simple. I'm saying we should look at the upsides and downsides of each type of IP. This (20+ year old source code) is a type of IP that has no upside. Therefore while it's against the law, there's no purpose in it being against the law, and it's not immoral. Easy peasy.

> What matters is that Blizzard paid for the creation of the code, and they're afforded protections under the law.

You don't think it's possible for the IP rights given by law to have a mismatch with the IP rights that are most moral? Because this conversation thread was about what is good or bad, aka what the law should be, not what the law currently is. Of course it's against the law as it is right now. That's not the only thing to discuss.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by wtetzner on Thursday May 04, 2017 @09:33PM (#14270480)
> So whether you have 2 copies or 1 copy or umpteen copies, if you've economically affected someone, you will lose that fight in court.

First, I never argued that it was or wasn't against the law.

Second, it's not clear that releasing the source would economically affect Blizzard. It's not like someone could start releasing competing StarCraft games. They still don't own the brand etc.

> (and thank you for having the arrogance to explain that on board full of developers, btw...).

I mentioned it because of your argument about a house being 20+ years old.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by braveo on Friday May 05, 2017 @03:11AM (#14271660)
> Second, it's not clear that releasing the source would economically affect Blizzard

Even if you ignore the fact that Blizzard owns the rights to the code. Which you shouldn't, but some people here seem to think that's alright.

EVEN IF you ignore that, SC is still televised in South Korea. Releasing that code could affect the integrity of the competitive scene for SC.

But you won't accept that because this isn't really about what's fair, it's about what you want.

https://en.wikipedia.org/wiki/Professional_StarCraft_competi...

> Over US$4,000,000 in prize money has been awarded in total, the vast majority of which comes from tournaments in South Korea.[3] For several years after the release of StarCraft II, competitive StarCraft: Brood War was no longer televised. However, in early 2015, the game returned to Ongamenet's televised lineup.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by tripzilch on Friday May 05, 2017 @12:02PM (#14274426)
> Releasing that code could affect the integrity of the competitive scene for SC.

well THAT is actually an interesting argument, unlike rehashing the old argument of whether it makes sense to ignore the enormous fundamental differences between IP and physical property, and getting all worked up when people don't want to play along and pretend to weaken the definition of theft.

how will it affect the integrity of the competitive scene? and will it do so in a bad way, or maybe just change things up a bit?

I actually think that's a way more compelling moral argument than worrying about Blizzard's IP rights.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by wtetzner on Friday May 05, 2017 @12:56PM (#14274888)
> But you won't accept that because this isn't really about what's fair, it's about what you want.

Actually, no, it's not. I'm not even arguing that the source code shouldn't have been returned to Blizzard. I'm only pointing out that most of the arguments (that I've seen here, anyway) against it haven't been good ones.

> EVEN IF you ignore that, SC is still televised in South Korea. Releasing that code could affect the integrity of the competitive scene for SC.

This actually strikes me as one of the more defensible arguments I've seen here.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by jhasse on Thursday May 04, 2017 @10:40AM (#14265147)
If I steal your house, that means that you lost it. The same isn't true for the code, as Blizzard would still also have it (along with the right to distribute binary copies of it, which is a million times more valuable).
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by jhasse on Thursday May 04, 2017 @12:52PM (#14266440)
What would be the damages for Blizzard if he had released the code?
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by tripzilch on Friday May 05, 2017 @12:15PM (#14274551)
are you conflating ethics and law again, or do you honestly believe that a corporation, a legal construct, has moral rights like a human??

because I can make up constructs all day that suffered more damages either way.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by jhasse on Friday May 05, 2017 @12:22PM (#14274608)
> are you conflating ethics and law again, or do you honestly believe that a corporation, a legal construct, has moral rights like a human??

No.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by braveo on Thursday May 04, 2017 @11:36AM (#14265615)
this distinction does not matter, if you steal my code and release it I can sue for damages exactly the way I would if you were to somehow steal my house.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @03:01AM (#14263064)
> Returning it to Blizzard directly is good for Blizzard. Returning your code is good for you.

To expand on this, it's good in general to return leaked code of active-development projects because that helps the social contract of turning work into something that can be sold. So if I found jakebasile's 2015 code in an alley, it would be in some sense good for everyone for me to return it.

But that doesn't apply to a 20 year old master for starcraft. There is no promotion of the useful arts in returning the CD in this specific case, and it's a hugely relevant cultural artifact.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by moftz on Thursday May 04, 2017 @03:20PM (#14267847)
If people want to promote the arts of game development, what does copying the code from a 20 year old game do to further today's useful arts? There are plenty of free game engines out there for someone to use and modify to build the next best game. Using buggy 20 year old code that can't run on modern computers doesn't really seem efficient.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by eridius on Thursday May 04, 2017 @03:13AM (#14263114)
So it's ok to take other people's property, as long as it's "culturally important"?

TBH this makes me think of the old practice of smuggling jade artifacts out of China. Hey, it's culturally important, so clearly that means it's ok for other people to take it, right?

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @03:26AM (#14263167)
The "out of China" part is the problem there. That's a problem that's pretty much irrelevant to a question of whether or not to distribute copies of data files.

And I didn't say that cultural importance is an automatic justification. The new star wars movie also has cultural importance, but there would be large downsides to free-for-all piracy of it during its release year. Downsides that don't exist with 20 year old source code.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by yomly on Thursday May 04, 2017 @04:06AM (#14263314)
This is more like if an annotated original script of A New Hope were to find its way into the hands of a fan and s/he gave it back to Disney instead of copying it.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by eridius on Thursday May 04, 2017 @03:24PM (#14267885)
You don't have the right to determine whether someone else's source code is old enough that it's "ok" to steal. Not the legal right, and not the moral right either.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @03:34PM (#14267968)
Obviously I don't have magic law-changing wishes from a lamp. Are you telling me I don't get to have an opinion wrt lawmaking? Because that would be kind of rude and antithetical to a democratic government.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by wtetzner on Thursday May 04, 2017 @12:21PM (#14266089)
> Returning it to Blizzard directly is good for Blizzard. I'm not even sure if that's true. It's not like Blizzard didn't already have the source code.

If some distributed the source code, what would happen? It's not like people could start releasing new StarCraft games to compete with Blizzard. And it seems unlikely that the source code is going to give someone some kind of an advantage it creating other competing games against Blizzard.

Obviously legally it's Blizzard's right to keep the code private, and there are times where it's advantageous to do so, but this doesn't really seem like one of those times.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by moftz on Thursday May 04, 2017 @03:15PM (#14267800)
Someone could just reskin assets, change dialog, etc and revamp Starcraft into any RTS game. The AI and game code is what is really important for Blizzard to retain. It isn't the idea that people will compile Starcraft (Blizzard has released the game for free), it's the possibility that someone may profit off of all of Blizzard's efforts in writing the backend code for the game. I think it seems very likely that there would be a sudden influx of Starcraft clones and other RTS games made from the engine flooding every app store. Blizzard doesn't want people making money off their IP, plain and simple.
Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by wtetzner on Friday May 05, 2017 @01:03PM (#14274945)
> I think it seems very likely that there would be a sudden influx of Starcraft clones and other RTS games made from the engine flooding every app store.

I don't see why. Even if the code was leaked, it would still be illegal for people to use that code. Blizzard still owns the copyright, and I doubt it would be hard to show that a game was just StarCraft reskinned.

> Blizzard doesn't want people making money off their IP, plain and simple.

I'm sure they don't, but it's not clear that it would have any real effect on them. If they've released the game for free, would it harm them in any way?

I don't know if it's right or wrong to distribute the source or to return it to Blizzard. Obviously it's against the law to redistribute it, but I'm not sure that it would be immoral. Mostly, I see a lot of half-baked black-and-white arguments in the comments on this article, and I'm just trying to point that out.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by csallen on Thursday May 04, 2017 @03:28AM (#14263176)
> As for morality, I apply the golden rule: if someone found the code I wrote for a groundbreaking piece of software, and I didn't want to open source it, I'd really like for them to respect my wishes and return it.

The golden rule is, like most other unilateral rules, an oversimplification. Of course, that's what makes it attractive — it's an effortless substitute for having to think through the complex and messy realities of any given situation. But let's not kid ourselves that something is automatically good because we would want that thing in Blizzard's situation, case closed.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by tripzilch on Friday May 05, 2017 @11:24AM (#14274101)
> That line of thought can get pretty dark pretty fast.

so does "do unto others", if you follow it.

additionally you just argued that the same moral rules and rights that apply to you, a living breathing individual with an inner drive to enact right over wrong, can be transferred to an entire corporation, a legal construct blind to ethics unless forced by legal rules. which is kinda inhumane.

and, the golden rule is only a good moral yardstick if your choices in what you'd want to have others do unto you are moral in the first place. not a very nice thing to question, sorry, but your hypothetical example does feature you writing groundbreaking software but wanting to keep it closed source. depending on the software and how groundbreaking it is, that's an open question, very much up to discussion.

Re:Guy Finds StarCraft Source Code and Returns It to Blizzard by Dylan16807 on Thursday May 04, 2017 @02:46AM (#14262987)
> As for morality, I apply the golden rule: if someone found the code I wrote for a groundbreaking piece of software, and I didn't want to open source it, I'd really like for them to respect my wishes and return it.

What if you said that after the copyright had expired? Would you still say it's immoral to release it against your wishes?