Re: [gst-embedded] [gst-devel] gstreamer plugin license

[Liang Z. <lia...@gm...>]

Prajnashi,

That is correct, but do you find any disclaimers in OpenCore fileformat
folder?

Zhao Liang.

2009/3/14 Prajnashi S <pra...@gm...>

> Zhao Liang,
> Please read disclaimer in android's mp3 decoder
>
> http://android.git.kernel.org/?p=platform/external/opencore.git;a=blob;f=codecs_v2/audio/mp3/patent_disclaimer.txt;h=b4bf11d4ab14011ba28ce5ff6090529d2b7b587f;hb=HEAD
>
>  2 <#12004b54cbec217d_l2> THIS IS NOT A GRANT OF PATENT RIGHTS.
>  3 <#12004b54cbec217d_l3>
> 4 <#12004b54cbec217d_l4>Google makes no representation or warranty that the codecs for which
>  5 <#12004b54cbec217d_l5>source code is made available hereunder are unencumbered by
>  6 <#12004b54cbec217d_l6>third-party patents.  Those intending to use this source code in
>  7 <#12004b54cbec217d_l7>hardware or software products are advised that implementations of
>  8 <#12004b54cbec217d_l8>these codecs, including in open source software or shareware, may
>  9 <#12004b54cbec217d_l9>require patent licenses from the relevant patent holders.
>
> For codec, google release it doesn't mean it has no patent issue.
>
> On Fri, Mar 13, 2009 at 4:58 PM, Liang Zhao <lia...@gm...>wrote:
>
>> Julien,
>>
>> I agree with you about LGPL, but for my cases, mp3demux, seems it has few
>> issues (just my personal oppionion).
>> I quote an example from Android, in Android formal release, it has
>> openCore engine with mp3demux sourcecode embedded, and its license is Apache
>> license. If it has patent issues, google may not release it.
>>
>> That's just my guess. :)
>>
>> Zhao Liang
>>
>> 2009/3/13 Julien Moutte <ju...@mo...>
>>
>> Hi,
>>>
>>> Please have a look at paragraph 11 of the LGPL :
>>>
>>> ---
>>> 11. If, as a consequence of a court judgment or allegation of patent
>>> infringement or for any other reason (not limited to patent issues),
>>> conditions are imposed on you (whether by court order, agreement or
>>> otherwise) that contradict the conditions of this License, they do not
>>> excuse you from the conditions of this License.  If you cannot
>>> distribute so as to satisfy simultaneously your obligations under this
>>> License and any other pertinent obligations, then as a consequence you
>>> may not distribute the Library at all.  For example, if a patent
>>> license would not permit royalty-free redistribution of the Library by
>>> all those who receive copies directly or indirectly through you, then
>>> the only way you could satisfy both it and this License would be to
>>> refrain entirely from distribution of the Library.
>>> ---
>>>
>>> That means that any (L)GPL component that you distribute needs to be
>>> redistributable with no patent restriction.
>>>
>>> This is completely incompatible with most patent licensing agreements
>>> which require you to pay a royalty fee for every unit you ship.
>>>
>>> Please find attached a document written by our lawyer on that topic.
>>>
>>> Fluendo's products are covering part of this problem. You can license
>>> proprietary decoders and demuxers that will work with GStreamer and come
>>> with or without patent licenses.
>>>
>>> Hope this helps,
>>>
>>> Best regards,
>>>
>>> Julien Moutte,
>>> FLUENDO S.A.
>>> http://www.fluendo.com
>>>
>>>
>>>
>>>
>>> Edward Hervey wrote:
>>>
>>>> On Fri, 2009-03-13 at 10:27 +0800, Liang Zhao wrote:
>>>>
>>>>
>>>>> Hi all,
>>>>>
>>>>> I plan to port mpegaudioparse and asfdemux in plugin-ugly into my
>>>>> product for resale, is it reasonable?
>>>>>
>>>>>
>>>>
>>>>  If you mean whether you have the right... it's LGPL, so yes :)
>>>>
>>>>
>>>>
>>>>>  no any license/patent issues?
>>>>>
>>>>>
>>>>
>>>>  Two different things:
>>>>  * The software license (LGPL) : If you make any modifications, try to
>>>> push them upstream, since anybody buying your 'product' will have the
>>>> right to demand the exact source code use to build those plugins.
>>>>
>>>>  * Patents. This is for container formats... and it's, to be honest, a
>>>> very tricky situation.
>>>>  There are some saying you need to pay royalties (to whom?) and some
>>>> not (because container formats are trivial). But something tells me that
>>>> if there was any patents involved ... you would already be covered
>>>> considering that you must have decoders (asf without wm* decoders is
>>>> useless, and mpegaudioparse without mp3 decoder also) for which you
>>>> acquired (or are acquiring, or got the usage rights with the hardware
>>>> decoders) a usage license.
>>>>  Consult a lawyer.
>>>>
>>>>
>>>>
>>>>>  if have, after I pay the royalty, is it ok?
>>>>>
>>>>>
>>>>
>>>>  The two items above are the only major items to be aware of. But as I
>>>> said, if you're making a product, you might want to consult a lawyer
>>>> specialized in that field.
>>>>
>>>>  Keep us informed of your progress and show us what product it is once
>>>> it's released :)
>>>>
>>>>   Edward
>>>>
>>>>
>>>>
>>>>> --
>>>>> BRs.
>>>>> Zhao Liang
>>>>>
>>>>>
>>>>
>>>
>>
>> ------------------------------------------------------------------------------
>> Apps built with the Adobe(R) Flex(R) framework and Flex Builder(TM) are
>> powering Web 2.0 with engaging, cross-platform capabilities. Quickly and
>> easily build your RIAs with Flex Builder, the Eclipse(TM)based development
>> software that enables intelligent coding and step-through debugging.
>> Download the free 60 day trial. http://p.sf.net/sfu/www-adobe-com
>> _______________________________________________
>> Gstreamer-embedded mailing list
>> Gst...@li...
>> https://lists.sourceforge.net/lists/listinfo/gstreamer-embedded
>>
>>
>
>
> --
> -- Prajnashi S
>



-- 
BRs.
Zhao Liang