[Asterisk-Dev] writing a GPL G.729?

[Antony Stone]

On Monday 06 December 2004 10:08, Roy Sigurd Karlsbakk wrote:

> hi
>
> Given that the G.729 and related algorithms are not valid patents in
> certain countries, would it be any problems related to writing a GPL
> licenced G.729 codec to asterisk?

There would certainly be a problem with this in some parts of the world.

The Preamble to the GPL states that "any patent must be licenced for 
everyone's free use or not licenced at all".

Those organisation/s which hold patent/s for G.729 in certain parts of the 
world will not be freely licencing them for everyone's use, therefore they 
fall outside the terms of the GPL.

However, section 8 of the GPL says (précising here) that if certain 
jurisdictions limit use of the (GPL'd) program by means of patents or other 
encumbrances, then the copyright holder (you, if you write the software) can 
include a similar restriction specifying that the software is not for use 
within those jurisdictions.

Therefore you could create your own software implementing G.729 and release it 
under GPL with geographic restrictions, so long as you felt comfortable with 
your own legal position vis-à-vis the existing patent holders and their 
lawyers :)

Regards,

Antony.

-- 
Programming is a Dark Art, and it will always be. The programmer is
fighting against the two most destructive forces in the universe:
entropy and human stupidity. They're not things you can always
overcome with a "methodology" or on a schedule.

 - Damian Conway, Perl God

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