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

[Daniel Pocock]

Steven Critchfield wrote:

>On Mon, 2004-12-06 at 11:08 +0100, 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?
>>    
>>
>
>Did you not absorb the information we threw at you the last time you
>asked this question. The patents are valid. You can not GPL a patent
>encumbered piece of software regardless of your skewed view of the
>world.
>  
>

I'm not sure if that's 100% correct - I think you can GPL it, you just 
can't distribute it in binary form.  Of course, not being able to 
distribute Asterisk in binary form would make things difficult for the 
numerous Linux distributions that carry Asterisk.

The GPL mentions patents, but it does not say that patented code can not 
be released under the GPL.  Otherwise, why would it have this clause:

8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded.  In such case, this License incorporates
the limitation as if written in the body of this License.