[asterisk-users] Asterisk/GPL and G.729 licensing

[Robert Jenkins]

I've just read through the voip-info link and the GPL FAQ.
My professional (but not formally legal) interpretation would be:
 
As long as the none-GPL program or module is a separate entity and not
actually compiled in to another program, you can consider the two licences
seperately.
You must comply with both the GPL and the other program's licence, but there
is no cross-connection between the two licences.
 
If you can install g729 without recompiling asterisk and remove it again
without breaking asterisk (other than g729 support, of course) then the GPL
'Mere aggregation' clause should apply.
If the two together truly 'combined two modules into one program'  Asterisk
would not operate at all with the g729 module removed.
 
I think a good parallel is the Nvidia linux display driver. This is a
binary-only, none GPL package but Nvidia specifically allow the Linux
version to be freely copied as long as it is not modified.
 
Selling a PC that has Linux installed plus the Nvidia driver would not
breach the GPL  as long as you seperately comply with the GPL for Linux, and
the installed Nvidia code is unmodified so the distribution is permitted by
their licence conditions.
 
If you wanted to be absolutely beyond any comebacks from the customer, you
could include a declaration that different parts of the system are covered
by different copyrights and licences - the Linux OS itself, any installed
none-GPL drivers, the PC BIOS, Video BIOS etc. 
 
(Come to that, I've never seen any claims that Linux violates the GPL by
interacting with the PC BIOS & Video BIOS as it must while booting, and they
are most certainly none GPL!)
 
Robert Jenkins.
 
 



  _____  

From: asterisk-users-bounces at lists.digium.com
[mailto:asterisk-users-bounces at lists.digium.com] On Behalf Of Lacy Moore -
Aspendora
Sent: 30 July 2006 02:27
To: Asterisk Users Mailing List - Non-Commercial Discussion
Subject: Re: [asterisk-users] Asterisk/GPL and G.729 licensing


Geez.  This is starting to sound like Microsoft licensing.


On 7/29/06, Tzafrir Cohen <tzafrir.cohen at xorcom.com> wrote: 

On Tue, Jul 25, 2006 at 03:32:20PM +1000, Nick Hoffman wrote:
> Hi guys. I just stumbled upon
> http://www.voip-info.org/wiki/index.php?page=Asterisk+G.729+Licensing and
> read the section titled "Warning". I'm a bit confused now. Are you 
> violating the GPL (or any other license) if you sell a computer with
> Asterisk and a G.729 license installed?

Dislcaimer: IANALATINALA

Asterisk can be used under three different licenses:

1. non-free: if you py Digium. Not relevant here.

2. The GNU GPL. The problem is that the GPL has a conflict with
openh323, openssl (at least according to some people) and to any code
whose redistribution is prohibited due to patentns ( e.g: g723.1/g729
codecs)

3. Modified GPL. The GNU GPL with some small exceptions. Those allow
linking with openssl, openh323 and with patented code.

So as long as you actually use (3) and not (2) and don't violate the 
terms of the licenses for the code you actually want to redistribute
(e.g: read caefully the license of the 'register' utility) you should
probably be clear.

Some modules have a license that is only GPL (() and not (3)). Those 
include the mysql module from addons (right?) and probably quite a few
third-party modules. You are not allowed to use both such a module and
the g729 codec on the same Asterisk system because it would violate
either the terms of (2) (the g729 module adds restrictions that conflict
with the GPL) or with the GPL terms of thoe modules (the modified GPL
adds restrictions that conflict with the original GPL license).

-- 
Tzafrir Cohen         sip:tzafrir at local.xorcom.com
icq#16849755          iax:tzafrir at local.xorcom.com
+972-50-7952406           jabber:tzafrir at jabber.org
tzafrir.cohen at xorcom.com     http://www.xorcom.com
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-- 
Lacy Moore
Aspendora, Inc. 

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