[gst-devel] gstreamer plugin license

Julien Moutte julien at moutte.net
Fri Mar 13 10:27:32 CET 2009


Hi Zhao,

If you are using a MP3 parser which source code is licensed under Apache 
license then I guess you are completely fine as it's probably more 
permissive than the (L)GPL one.

So the problem is there for GStreamer modules that are licensed as (L)GPL.

Julien

Liang Zhao 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 <julien at moutte.net <mailto:julien at moutte.net>>
>
>     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
>
>
>
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