[asterisk-users] Software patents (was G723 on asterisk 1.4.1)

[Atis Lezdins]

On Wed, Oct 1, 2008 at 5:09 PM, Steve Underwood <steveu at coppice.org> wrote:
> Atis Lezdins wrote:
>> On Wed, Oct 1, 2008 at 10:12 AM, Steve Underwood <steveu at coppice.org> wrote:
>>
>>> Atis Lezdins wrote:
>>>
>>>> On Wed, Oct 1, 2008 at 6:34 AM, Andrew Joakimsen <joakimsen at gmail.com> wrote:
>>>>
>>>>
>>>>> On Sun, Mar 23, 2008 at 11:34 PM, Tilghman Lesher
>>>>> <tilghman at mail.jeffandtilghman.com> wrote:
>>>>>
>>>>>
>>>>>> It is completely illegal in any country that recognizes patents.
>>>>>>
>>>>>>
>>>>> You mean countries that recognize software patents, right?
>>>>>
>>>>>
>>>> As resident of country where the file is hosted - yes we don't have
>>>> software patents, they have been proposed to EU and reject few years
>>>> ago. So by law - software is algorithm and can't be patented.
>>>>
>>>> In local laws we even are allowed to reverse-engineer software for
>>>> needs of compatibility and interoperability. So, writing code for
>>>> commercial codec and using it for interoperability with hardware
>>>> devices (you purchased) is allowed by law.
>>>>
>>>> Damn, we even have a law that don't allow bittorrent trackers, as
>>>> bittorrent file is considered breaking copyright law.. Ironic :p
>>>>
>>>>
>>>>
>>>>>> Please do NOT discuss ways to use unlicensed codecs on this list or any other forum
>>>>>> provided by Digium.  This has been discussed multiple times as to why not,
>>>>>> and I don't feel like rehashing the argument again.
>>>>>>
>>>>>>
>>>>> I did not know you were a moderator on this list.
>>>>>
>>>>>
>>>>>
>>>>>> contributory infringement
>>>>>>
>>>>>>
>>>>> What if  I make a page that explains the patent issues and then
>>>>> provide a link to http://asterisk.hosting.lv/ from that site and only
>>>>> provide people on this list a link to my site? What if I provide a
>>>>> link to the Google search for "asterisk g723?" Where do we draw the
>>>>> line? If that site is so illegal, why hasn't it been taken down? Why
>>>>> hasn't the patent holder at the very least provided Google with a DMCA
>>>>> notice?
>>>>>
>>>>>
>>>>>
>>>> I guess because it's completely legal here, and there's a disclaimer on page:
>>>> DISCLAIMER: You might have to pay royalty fees to the G.729/723.1
>>>> patent holders for using their algorithm.
>>>>
>>>> It all depends on country and laws.
>>>>
>>>>
>>> There are a few algorithmic speedup patents around, what can accelerate
>>> codecs like G.729 and G.723.1, and which are purely software patents.
>>> Most of the relevant patents are *not* software patents. Don't confuse
>>> "software patent" with "something running on a computer".
>>>
>>> Patents applicable to speech coding are perfectly valid in the vast
>>> majority of countries. Certainly in all the EU countries.
>>>
>>
>> It seems that this have been discussed numerous times.
>>
>> http://lists.digium.com/pipermail/asterisk-users/2004-October/058136.html
>>
>> Does anybody have some more legal experence with this? Any courts?
>> Negotiations? NDA? :p
>>
>> >From what i've found, there's an EU directive regarding software
>> patents, but it's full of legal terms. Maybe anyone can comment?
>>
>> http://www.europarl.europa.eu/commonpositions/2005/pdf/c6-0058-05_en.pdf
>>
> You're back to talking about software patents again. People love to do
> that, in the same spirit that schoolboys cross their fingers in the hope
> it absolves them from something. Would you care to look through the
> patents which the G.729 patent pool licences, and try to find any
> software patents amongst them?
>

Because it's one directive regulating software and
mathematical/algorithmic patents.
Personally, I don't use G.729 at all, i'm just curios about this.

If you would point me, i would gladly take a look at this patent list,
for now my searches were unsuccessful. I was also asking somebody for
some legal experience with this, as theory and practical application
of patent laws may differ :)

Regards,
Atis

-- 
Atis Lezdins,
VoIP Project Manager / Developer,
atis at iq-labs.net
Skype: atis.lezdins
Cell Phone: +371 28806004
Cell Phone: +1 800 7300689
Work phone: +1 800 7502835