Just as Edward said, it's a tricky situation. On Mon, Mar 16, 2009 at 9:34 AM, Liang Zhao <liangzhao.bit at gmail.com> wrote: > Prajnashi, > > That is correct, but do you find any disclaimers in OpenCore fileformat > folder? > > Zhao Liang. > > 2009/3/14 Prajnashi S <prajnashi at gmail.com> > >> 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 <#1200cea5b237d7d8_12004b54cbec217d_l2>THIS IS NOT A GRANT OF PATENT RIGHTS. >> 3 <#1200cea5b237d7d8_12004b54cbec217d_l3> >> 4 <#1200cea5b237d7d8_12004b54cbec217d_l4>Google makes no representation or warranty that the codecs for which >> 5 <#1200cea5b237d7d8_12004b54cbec217d_l5>source code is made available hereunder are unencumbered by >> 6 <#1200cea5b237d7d8_12004b54cbec217d_l6>third-party patents. Those intending to use this source code in >> 7 <#1200cea5b237d7d8_12004b54cbec217d_l7>hardware or software products are advised that implementations of >> 8 <#1200cea5b237d7d8_12004b54cbec217d_l8>these codecs, including in open source software or shareware, may >> 9 <#1200cea5b237d7d8_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 <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 >>>>>> >>>>>> >>>>> >>>> >>> >>> ------------------------------------------------------------------------------ >>> 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 >>> Gstreamer-embedded at lists.sourceforge.net >>> https://lists.sourceforge.net/lists/listinfo/gstreamer-embedded >>> >>> >> >> >> -- >> -- Prajnashi S >> > > > > -- > BRs. > Zhao Liang > -- -- Prajnashi S -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://lists.freedesktop.org/archives/gstreamer-embedded/attachments/20090316/0eef1f8f/attachment.htm>
