UPDATE 2: Tek Syndicate has released a statement and it appears they are reverting to a DIY solution, so in other words, no longer bundled with Lakka. This would address our remaining grievances with this product. You can read the statement here - http://www.twitlonger.com/show/n_1sqbekk
It has been brought to our attention that @TekSyndicate is selling a retro game console box shipping with Lakka. Refer to this for an answer on 'Can I sell Lakka boxes? ' -
'Can I sell Lakka boxes?
No. Lakka is shipped with emulators protected by a Non Commercial license. Also, the name and the logo are a registered trademark.'
Despite this, Tek Syndicate has still continued pursuing selling this, even writing some blog article full of chutzpah as to why they stil want to go through with this -
'We get asked about the rules around pre-installing this software. The creators of Lakka do not wish for this software to be sold. We are not selling this software, we are selling the hardware, the labor, etc. Yes, we are here to make a living (this is not a charity), but we are not typical corporate types.'
Here is the problem - this won't fly. When you sell hardware with software preloaded, this counts as selling the software, and therefore the non-commercial licenses of the cores in question are being violated.
As the Lakka FAQ clearly states, there are several emulators protected by a Non Commercial License.
I (Daniel De Matteis) hold explicit copyright over portions of Snes9x (the Super Nintendo emulator that is being used). Snes9x is explicitly licensed for non-commercial use. You cannot sell this. See here -
I also hold copyright over Genesis Plus GX as it is shipped with RetroArch/Lakka, the following applies here -
This is final and not subject to change. Bribes are not going to work, donations are not going to work, pledges are not going to work.
I also state there under very clear terms 'Under no circumstances will commercial rights be given'.
There are other cores which are non-commercial, including:
* 3DO (4DO)
* Final Burn Alpha
* Final Burn Alpha 2012
There was a $1 pledge that was made to our Patreon presumably done to give themselves carte blanche to do this in some roundabout way. We have since cancelled that pledge upon learning what they were up to.
I hope Tek Syndicate has the good business sense to cease and desist this product in its current configuration from their store, and this includes the product they are selling on Amazon. If not, I will be forced to contact Amazon and ask them to pull it down. I'd rather not have to waste time on this to be frank, and if they truly value our software, we shouldn't have to.
Daniel De Matteis