[asterisk-dev] Re: [asterisk-users] Digum g729 and g723

[Matthew Fredrickson]

On Sep 5, 2006, at 1:16 PM, Roy Sigurd Karlsbakk wrote:

>>> b) is there any restriction on the copying of this code or is it GPL?
>>
>> Given that there are patent encumbrances on this code, that fact
>> invalidates the GPL license on the files (by the GPL itself; see 
>> clause
>> 7) until the patents expire (sometime in 2014).  Given that the stated
>> license is invalidated by the terms of the license, you have no right
>> to use this code (unless the author granted you permission under a
>> different license).
>
> "7. 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 Program at all. For example, if a patent 
> license would not permit royalty-free redistribution of the Program 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 Program."
>
> IANAL, but to me it seems like if this code is GPL, such as it seems, 
> then Digium is not allowed to distribute it...

But you forget... as the license holder of Asterisk, Digium has the 
right to make exceptions as necessary for patent encumbered pieces such 
as G.729 and any other pieces that might not be compatibly licensed.  
In this sepcific case, Digium makes an exception for the codec_g729.so 
binary which it distributes on its website that you may link against it 
without any fear of license violation.  On the other hand, if a party 
other than the license holder (other than Digium in this case) were to 
try to distribute another codec_g729.so binary that linked against 
Asterisk, this would not fall within that exception granted by Digium 
and you fall in violation of the GPL.

Matthew Fredrickson