Counterfeit version of open source game Lugaru HD being sold on Mac App Store

As VedicHymn and DidYouLoseASock correctly stated, the assets were not released under GPL.

And yes, a GPL'ed work may be redistributed for a fee.

But more important, the GPL'ed version (Lugaru) should never been published at the Apple Closed Shop at all, because their TOS are not compatible with the GPL.

Only the original creator may publish his content under several license models at the same time or change them etc.

So the case isn't, if someone copied the source and republished it for money (morally arguable, but legal), as long as he doesn't change the license.

In this specific case, iCoder violated on three grounds:
- using non-GPL'ed assets without permission
- redistributing it for money without permission
- redistributing it under TOS/license model of Apple, which violates GPL

As a siderant I may include, that Apples' TOS'es and their vision of a closed system should be blamed. They are working hard to make the dystopia, they showed as a negative example in their famous "1984" advertising spot, reality on their own.
But this has just little to do with the case here. ;-)

An interesting article about Open Source VS Freeware, from Wolfire
themselves over 6 months ago. And they specifically give example,
including Lugaru HD.

http://blog.wolfire.com/2010/05/Open-source-software-is-not-always-freeware

An important note should be made. Wolfire are the people that actually run the very successful Humble Indie Bundle. Along with that, they are the ones that encourage developers to have their games go open source. Such as Aquaria, Gish, Penumbra, and Revenge of the Titans. Maybe in the future, Wolfire might not encourage developers...

Most developers when open sourcing their software, they do not release the art assets, just the code. The best example I can think of is Firefox. Everyone understands Firefox is free and open source. But the Firefox icon itself is not and is copyrighted. So releasing a build of Firefox along with the same logo, is copyright infringement.

I understand the complaint and it is deeply concerning that this is allowed, but is anyone actually buying the game? I could see where it would be an issue a la angry birds and someone stealing that IP if it was open sourced and releasing Angry Birdz, but in this case the Lugaru HD is getting a fair amount of press negative/positive maybe it's good for them

The screenshot shows it as $0.99. That makes it 1/10 the price, not 1/5.

But is it a counterfeit version of Lugaru HD?

As I read it, Wolfire gave iCoder the right to do exactly what they're doing.

Is anyone here an attorney familiar with the licenses and applicable IP law? And does anyone know if there are any other contractual agreements in place between the two entities in question?