[Asterisk-Users] Digium and mailing lists

[Kevin Walsh]

Steven Critchfield [critch at basesys.com] wrote:
> On Fri, 2004-10-01 at 16:13, Kevin Walsh wrote:
> > I don't know what they mean by "counterparts", but I do know that
> > software patents are not legal in Europe or England.  It's possible for
> > a few dodgy patents slip past the clerks (they can't all be Einstein),
> > but there's no way that they could be enforced in the courts over here.
> >
> Maybe it did slip past, but can you afford to fight a patent fight
> against NTT? I doubt you have access to that kind of funds. So right now
> any unlicensed use even through Europe and the Islands would constitute
> IP theft. We all know what kind of crazyness surounds that term right now.
>
Of course I have the funds.  I'd turn up in court on the first day,
state that software and mathematics patents are not legal and the
case would be closed.  In fact, the case probably wouldn't be heard
in the first place - the filing clerk would probably laugh NTT out of
the building.

> 
> So we are back to the original situation which is to pay Digium for the
> licenses to the G729 codec that they negotiated on our behalf. Then you
> are legal even in Europe.
>
I'm legal whether I pay the tax or not.  As it happens, I'm not using
the Intel G.729 code.  If I wanted to then I wouldn't be restricted
from doing so, provided I had an appropriate runtime license from Intel.

I would have no hesitation in recommending the Intel-based G.729
codec to anyone (in England or Europe) who asks.

-- 
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