So I downloaded Warsow yesterday both to try it out as a game(it is really fun) but also to see if GoG was respecting the GPL. Turns out they are actually violating it. I am 100% sure that is completely unintentional and it happens to be extremely easy to remedy.
So what is the problem? There is no source code provided with the game and no license file or even any indication that the source code is licensed under the GPL. Permission from the Warsow team is NOT enough since they based their game on Qfusion engine which in turn is based on id Software's Quake 2 source code release. It is important to note that I am only talking about the source code and resulting binaries not the actual game content such as levels, art, sound and the like.
Here are the relevant provisions of the GPL v2:
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
Given the option in section 3 a) it is very very very easy for GoG to remedy this, they just need to upload the source code for the version of Warsow they provide. The other problem is that they need to provide the GPL with Warsow, but that is also very easy to remedy, as they just need to do quick update to the games installer, this is the relevant section, notice section 3 quoted above refers to this section, I bolded the important bit:
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
They would of course also need to indicate that the EULA provided with the game only applies to the content and not to the source code or binaries.
It is true that Warsow is licensed under the GPL V2 or any later version so GoG can choose to distribute it under GPL v3, but that doesn't really change anything substantial. Since the same principles apply, although the GPL v3 has more options for distribution of source code, none of them apply in this case.