I was not thinking about the GPL. I was thinking on the original license of the SDK/non-engine-part before it was GPLed.
And I will still say that gamecode is fully interpreted and therefore not linked to the engine.
I am not convinced of that, the "interpreted" code is compiled at runtime and makes calls to the engine in such a way as they could be considered linked. I just don't see the gamecode as being an aggregate. Now it is possible (as you said) that they are still using the earlier license on top of the GPL licensed engine, but that may not be legal either. IIRC QuakeLives tried the same stunt with an earlier quake engine and we all know how that ended up (Carmack threatened a lawsuit and they quit distributing because the author didn't want to share his source).
And this does concern us, you, and everyone else that chooses to use the GPL as
if it is a violation and people turn a blind eye to it, it weakens the legal viability of the GPL in court. Besides, wouldn't the world be a better place if people shared more?
we'll make better game and under GPL, I'm excited about it since it will be the first open source game of that kind :-)
Sweet