Consider the following an official "press release", and note that the exact wording is dictated to cyx and fingolfin by the settlement terms.

In December 2008, members of the ScummVM team discovered that three games for the Nintendo Wii console ("Freddi Fish: The Case of the Missing Kelp Seeds", published in Germany under the name "Fritzi Fisch und der verschwundene Schatz"; "Pajama Sam: No Need to Hide When It's Dark Outside", published in Germany under the name "Pyjama Pit: Keine Angst im Dunkeln"; and "Spy Fox: Dry Cereal", published in Germany under the name "Spy Fox in: Das Milchkartell") made use of ScummVM, without complying with the terms of the GPL license. They sent a warning letter to the German distributor of these games, Atari Deutschland GmbH, who was not aware that ScummVM was used in the creation of the games. Atari Deutschland GmbH established contact with Mistic Software Inc., the developers of the games.

Mistic Software Inc. responded by denying that members of the ScummVM team hold any rights to the particular code they used. The dispute was ultimately settled in May 2009 by Mistic Software Inc. paying all legal fees and making a donation to the Free Software Foundation as a sign of good will, without acknowledging copyright infringement.