[Asterisk-Dev] asterisk 1.2 g729 compile errors

[Daniel Pocock]

Umair Bari wrote:

>I am sorry Tilghman & rest of the list, will watch my TO field before
>hitting send :)
>
>On 3/7/06, Tilghman Lesher <tilghman at mail.jeffandtilghman.com> wrote:
>  
>
>>On Tuesday 07 March 2006 05:17, Umair Bari wrote:
>>    
>>
>>>This patch only worked for G723.1, any idea why its not working on
>>>G729?
>>>      
>>>
>>Please do not use this list for discussion of this code.  This code is
>>potentially infringing on several patents, and we do not want to be
>>on the wrong side of a patent lawsuit for contributory infringement.
>>
>>    
>>
According to Wikipedia (extract of copyrighted material below), the 
whole purpose of patent protection is that a company agrees to have 
their technology/invention published and discussed in public, in 
exchange for the rights to royalties.

I am not a lawyer, but I believe I can safely say that there is no such 
thing as source code that infringes on a patent.  It is the use of the 
code that infringes the patent, not the code itself.  I don't see how 
Digium can possibly be worried about `contributory infringement', 
because after all, don't they still have a legitimate license agreement 
for G.729?

If what you really meant to say is `let's not discuss this because it's 
hurting Digium's profits' then just say that instead - please don't 
insult, degrade or spread FUD (fear/uncertainty/doubt) other people's 
contributions to the open source community.  This code has been around 
for 18 months now and I'm still yet to receive a single complaint from a 
lawyer or from someone officially representing Digium (who do generously 
provide Asterisk and this mailing list to the community). 

http://en.wikipedia.org/wiki/Patent

"There are two primary justifications for granting patents. First, in 
accordance with the original definition of the term "patent", it is 
argued that patents facilitate and encourage disclosure of innovations 
<http://en.wikipedia.org/wiki/Innovation> into the public domain 
<http://en.wikipedia.org/wiki/Public_domain> for the common good 
<http://en.wikipedia.org/wiki/Common_good>. If inventors 
<http://en.wikipedia.org/wiki/Inventor> did not have the legal 
protection of patents, they may prefer or tend to keep their inventions 
secret. Awarding patents generally makes the details of new technology 
publicly available, for exploitation by anyone after patent protection 
ends, or for further improvement by other inventors (who may in turn 
patent these improvements). Furthermore, when a patent's term 
<http://en.wikipedia.org/wiki/Term_of_patent> has expired, the public 
record ensures that the patentee's idea is not lost to humanity."

>>--
>>Tilghman
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