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

Jayson Vantuyl kagato at chaosium.net
Tue Dec 7 16:04:47 MST 2004


On Mon, Dec 06, 2004 at 03:10:41PM -0600, Eric Wieling aka ManxPower wrote:
> I have NEVER seen ANY statement by a patent lawyer that the G729 patents 
> are not valid in some parts of the world.  All I've seen is non-lawyers 
> saying that.
I have NEVER seen ANY statement by your local prosecutor that you are
not a convicted criminal.

What does the above statement prove?

HOWEVER, I don't need to talk to a patent lawyer to know that a patent
isn't valid outside of its jurisdiction.  That's the only question you
need to ask.  IF there is no patent in Norway, then he should begin a
GPL'd project.  In fact, he should pursue it avidly, to generate prior
art if anything.

I suspect that the G.729 couldn't be patented in Norway now, as there is
extensive prior art (even if they can prove they developed it, they
can't wait forever to patent it there).

Also, there is a point to be made too, that distributing the source for
a patented invention may not be illegal.  IF that is the case, I would
certainly consider starting a repository of the source of banned (i.e.
patented) technologies.  Of course, it may be difficult for the
developers to claim their not violating the patent if it's developed in
the wrong country.  However, there could be promise there.

Oh, and before anyone complains about developing and archiving patented
software outside the patent's jurisdiction...remember, those are the
rules of the game.  Don't complain just because you don't think it's
"fair" when we play by them...
-- 
Jayson Vantuyl



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