Dear Alien Trap,
The GNU GPL is not "Open Source Software" it is Free Software. The Free Software movement was created in 1983. It says that the four freedoms of Free Software are the freedom to use the software how we want, modify it how we want, copy it how we want, and make modified versions how we want.
As such, it is about freedom and not price. The GNU GPL was written as a license to guarantee these four freedoms to all computer users. Nexuiz is under the GNU GPL.
I have written to GNU about this and it appears that what you are doing is legal. (I thought it might be some sort of breech of license but I was informed [though the person said it was not legal advice] that it is legal to have a program under more than one license.)
Sense what you are doing seems legal, and thus likely can not be stopped as a breech of license, might I pose a question?
How many people have worked on this engine over the years? How many of them knew that it was going to brought onto consoles under a non-free license? And, if they do not agree with their contributions being used in such a manner, can they request that their contributions be removed for the non-free console versions? If not, though not illegal, is this not some form of theft of their creative energies?
I am not against selling Nexuiz. Free Software is all about freedom. I could legally sell Nexuiz for profit, everyone can. (
http://www.gnu.org/philosophy/selling.html) It's the lack of freedom for the console versions under the non-free license that is against the GNU GPL.
If you were afraid that Nexuiz could not get onto consoles under the GNU GPL; then wouldn't people who honor Free Software, the freedoms the GNU GPL guarantees to all users, and the contributions that fans have made to Nexuiz in the spirit of freedom and the GNU GPL boycott such restrictive platforms until they change their ways and welcome to GNU GPL? Rather, Nexuiz was re-licensed as non-free to accommodate platforms that do not care for freedom. To me, this is not ethical. Though, as I have been told after asking, is technically still legal.
Here is my honest question for you. Nexuiz is one of the best known and most loved Free Software games. In many ways you have set the standard for what collaborative people working together in freedom under the GNU GPL can do. You have created a great game and have earned much respect this way. You are a standard setter in this very new and very small field of Free Software Gaming. My question is what example, what standard are you setting with this action?
What you have done has made Free Software development little more than low cost beta testing for non-free game development. People donate their time and creativity for a project that they intend to be for everyone to be able to contribute to. Yet, you have turned around and are intending to make non-free console versions based off of their work.
As a standard in this field, the message you are sending to the Free Software Gaming world is that Free Software will stay Free Software insofar as it doesn't catch the attention of a non-free publisher. If it does, instead of demanding freedom for the console versions and denying the game to the non-free publisher if they do not comply with the GNU GPL; you have embraced their non-free license for the console versions with open arms.
This means that all Free Software Game projects who's teams do not care about Freedom and the cooperative values therein are also subject to this betrayal should then ever become as popular, well designed, and noticed as Nexuiz has. It is a hard hit to this small community. And as a standard setter you run the risk of making this the trend and even the, "norm."
It was the values of freedom and cooperation enshrined in the GNU GPL and the Free Software movement that made Nexuiz what it is today. Have you forgotten this? Have the fans?
Tremulous (whose engine is Free Software under the GNU GPL though its artwork is under a different license) almost did the same as you. But their fans told them that they did not agree. They were so moved by the response they got in the name of freedom and cooperation that they canceled their plans for a non-free console version and decided to keep Tremulous as Free Software. I ask you to consider doing the same.
"Dear Tremulous Community,
This is the second time in such a short amount of time that we have a monumentous announcement to make. The overwhelming concern of the Tremulous players has been staggering, we never dreamed that our fans were so loyal to our cause. It brings a tear to my eye remembering the thousands of e-mails we received from players around the world, expressing concern over the future of their beloved game.
We, Darklegion Development, have decided to break off the partnership with Microsoft and continue to pursue our own interests in the direction of Tremulous. It may not be the financially best choice to make in these troubling times, but this is a decision reached with our hearts not with our wallets.
Once again, we are extremely grateful for your trust in open source and Tremulous; we highly value each and every one of our loyal fans!
<3 Darklegion Development "
http://tremulous.net/