[Asterisk-Dev] writing a GPL G.729?

[Preston Garrison]

Why not the BSD license instead of GPL? :)


Preston Garrison



-----Original Message-----
From: Antony Stone <Antony.Stone at Asterisk.Open.Source.IT>
To: Asterisk Developers Mailing List <asterisk-dev at lists.digium.com>
Sent: Mon, 6 Dec 2004 17:32:55 +0000
Subject: Re: [Asterisk-Dev] writing a GPL G.729?

On Monday 06 December 2004 10:08, Roy Sigurd Karlsbakk wrote:

> hi
>
> Given that the G.729 and related algorithms are not valid patents in
> certain countries, would it be any problems related to writing a GPL
> licenced G.729 codec to asterisk?

There would certainly be a problem with this in some parts of the world.

The Preamble to the GPL states that "any patent must be licenced for
everyone's free use or not licenced at all".

Those organisation/s which hold patent/s for G.729 in certain parts of 
the
world will not be freely licencing them for everyone's use, therefore 
they
fall outside the terms of the GPL.

However, section 8 of the GPL says (précising here) that if certain
jurisdictions limit use of the (GPL'd) program by means of patents or 
other
encumbrances, then the copyright holder (you, if you write the 
software) can
include a similar restriction specifying that the software is not for 
use
within those jurisdictions.

Therefore you could create your own software implementing G.729 and 
release it
under GPL with geographic restrictions, so long as you felt comfortable 
with
your own legal position vis-à-vis the existing patent holders and their
lawyers :)

Regards,

Antony.

--
Programming is a Dark Art, and it will always be. The programmer is
fighting against the two most destructive forces in the universe:
entropy and human stupidity. They're not things you can always
overcome with a "methodology" or on a schedule.

 - Damian Conway, Perl God

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