Hi all,
I plan to port mpegaudioparse and asfdemux in plugin-ugly into my product for resale, is it reasonable? no any license/patent issues? if have, after I pay the royalty, is it ok? -- 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel |
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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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel ------------------------------------------------------------------------------ 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel |
Thanks Edward,
Yes, it is too difficult for me about IP law, I need to consult a lawyer. :) I will update the progress, when the product is once released, I will inform all of you. Zhao Liang
2009/3/13 Edward Hervey <[hidden email]>
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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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel >> > > > ------------------------------------------------------------------------------ > 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-devel mailing list > [hidden email] > https://lists.sourceforge.net/lists/listinfo/gstreamer-devel > ------------------------------------------------------------------------------ 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel opinion_FFMPEG.pdf (78K) Download Attachment |
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 <[hidden email]>
Hi, ------------------------------------------------------------------------------ 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel |
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On Fri, 2009-03-13 at 16:58 +0800, 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. Apache is *way* more liberal than (L)GPL, that's why it doesn't conflict (and that's why Google insist on not having (L)GPL code in there). Edward > > That's just my guess. :) > > Zhao Liang > > 2009/3/13 Julien Moutte <[hidden email]> > 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel ------------------------------------------------------------------------------ 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel |
In reply to this post by Liang Zhao
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 <[hidden email] <mailto:[hidden email]>> > > 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-devel mailing list > [hidden email] > https://lists.sourceforge.net/lists/listinfo/gstreamer-devel > ------------------------------------------------------------------------------ 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel |
In reply to this post by Liang Zhao
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 THIS IS NOT A GRANT OF PATENT RIGHTS. 4 Google makes no representation or warranty that the codecs for which
5 source code is made available hereunder are unencumbered by
6 third-party patents. Those intending to use this source code in
7 hardware or software products are advised that implementations of
8 these codecs, including in open source software or shareware, may
9 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 <[hidden email]> wrote: Julien, -- -- Prajnashi S ------------------------------------------------------------------------------ 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-devel mailing list [hidden email] https://lists.sourceforge.net/lists/listinfo/gstreamer-devel |
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