After getting into contact with Cyber Gadget and explaining to them the situation pertaining to the illegal usage of non-commercially licensed open source emulators, we are pleased to report the following –

“Dear Mr. Matteis,

Our sales of the Retro Freak are being suspended at the moment to
investigate the legitimacy of the open source software we use.
Our company has been trying to comply with any kind of law, however
our developer claims that the use of the software is not illegal, so, we are requesting them to prove and provide us the evidence.
If your claim is proven to be correct, we would be willing to take necessary
arrangements.”

We now know of the contractor that was responsible for this and had been selling this software to companies like Cyber Gadget ( basically sublicensing code out to other companies to which he holds zero rights, operating from Hong Kong), and we will be sure to contact the other companies as well that he had been sublicensing this to.

All we want is for open source creators to be safe in the knowledge their rights are being respected and that they are not being taken advantage of. The venerable Snes9x emulator has since its very inception been licensed as non-commercial (see the copyright header at the top of each file – https://github.com/snes9xgit/snes9x/blob/master/snes9x.cpp). It cannot be sold, period. There are multiple copyright holders (including myself, Daniel De Matteis) and it will be impossible to obtain the consent and approval of all copyright holders. Speaking strictly for myself, I will never give them permission on my behalf merely on principle, and the software in question that had been sold to the likes of Cyber Gadget and Hyperkin was using our libretro forked repo, Snes9x 2010 (https://github.com/libretro/snes9x2010) as per the contractor’s admittance. By contractors like this exploiting open source projects like this against their will and against their licenses, they cause massive damages to the continued goodwill of volunteers who band together to make awesome projects like this.

To learn more about this story, check our previous articles here –

Appeal to game journalists – about Retro-Bit and about the new ‘retro emulation industry’ in general

CyberGadget’s RetroFreak proven to use Snes9x Next/2010 code, non-commercial code being sold

Regards,
Daniel De Matteis

P.S. To our Japanese readers –

更新: 日本語に翻訳していた記事がここにあります –

http://famicoroti.blog81.fc2.com/blog-entry-2688.html.