[Asterisk-biz] Asterisk Ffork - OpenPBX.org

[Kevin P. Fleming]

trixter http://www.0xdecafbad.com wrote:

> Yes I understand that there would need to be two versions *or* digium
> gives free licenses to people who can be verified in places where
> software patents dont exist.  However becuase digium is in a place where
> they do I bet that it would be legally impossible for them to provide
> free licenses to those in say the EU (and aparently AU).

That would only be possible if we could somehow guarantee that those 
patent indemnification licenses were _always_ going to be used in the 
country of purchase, which is impossible.

At this time, Sipro and the consortium are operating under the belief 
(right or wrong) that their patents apply worldwide because they are not 
software patents. In fact, the patents themselves include no source 
code, they are only algorithms, which could be implemented in a variety 
of ways (software, custom silicon, abacus <G>). Any implementation of 
the algorithm is covered by the patent, regardless of the form the 
implementation takes. Whether that qualifies as a 'software patent' in 
the eyes of the EU is open to debate... but keep in mind that every 
manufacturer that sells equipment containing G.729 support in the EU is 
still charging (and paying for) patent indemnification licenses.