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

[Prajnashi S]

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 <#l2> THIS IS NOT A GRANT OF PATENT RIGHTS.
3 <#l3>
4 <#l4> Google makes no representation or warranty that the codecs for which
5 <#l5> source code is made available hereunder are unencumbered by
6 <#l6> third-party patents.  Those intending to use this source code in
7 <#l7> hardware or software products are advised that implementations of
8 <#l8> these codecs, including in open source software or shareware, may
9 <#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 <liangzhao.bit at gmail.com> 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>
>
> 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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-- 
-- Prajnashi S
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