[Asterisk-Dev] G.729 and Asterisk intellectual property issues

[Daniel Pocock]

Steve Underwood wrote:

> Daniel Pocock wrote:
>
>> On Sat, Sep 25, 2004 at 11:57:54AM -0500, Eric Wieling wrote:
>>
>>>> On Sat, 2004-09-25 at 07:24, Daniel Pocock wrote:
>>>>  
>>>>
>>>>> However, the distribution of the g729 libraries themselves are 
>>>>> almost certainly infringing.
>>>>>     
>>>>
>>>>
>>>> Then why can you download the G729 source code from the ITU for free?
>>>>   
>>>
>>>
>>>
>>> Where?  All the links I see require you to be a member or pay money.
>>>
>>> http://www.itu.int/rec/recommendation.asp?type=items&lang=e&parent=T-REC-G.729-199603-I 
>>>
>>>  
>>>
>>
>> You can get the complete protocol and a working example at 
>> http://www.uspto.gov, no registration required.  Search for G.729 and 
>> you get 297 results - the original patent is the very last one in the 
>> list.
>>
>> The very nature of patent legislation is that the technology in 
>> question has to be made available to the public for purposes of 
>> education and further research.
>>
>> _using_ the technology without a license may be an infringement, but 
>> downloading it for the purpose of study or research is perfectly 
>> legitimate.
>
>
> If I go to www.uspto.gov and search for G.729 I get zero results. That 
> is what I would expect. Why would patents mention G.729?


Answer a) you need to use the patent search form, not just the 'search' 
box at the top of the page

Answer b) (Why would patents mention G.729)
Because G.729 is a technology, not a written piece of work.

Written works (like source code and books) are copyrightable.  
Technology (ideas) are patentable.  A piece of source code that 
implements a patented technology is copyrighted by the person who wrote 
the code and patented by the person who invented the technology.

It is quite possible to have two completely different source 
implementations of the same technology.  Eg, I might write a G.729 
encoder in C and you might write one in Java.  Each of us holds 
copyright over our respective implementation, but both utilise the 
technology described in the same patent.

The important point as far as Asterisk is concerned is that documents 
and source code which explains a patent can be distributed without 
violating the patent, provided that the copyright holder has given 
permission - you only have to pay if you compile and use the code.

>
> Regards,
> Steve
>
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