[Asterisk-Users] G.729 and Asterisk intellectual property issues

[Daniel Pocock]

    -- snip --

Had the patch been against the actual g729 libraries the case would have 
been clear. Now, the patch is against asterisk to make it interoperate 
with the g729 libarary and this may or may not be non-infringing. However, 
the distribution of the g729 libraries themselves are almost certainly 
infringing. There is also the possibility that the patch to asterisk may 
be ruled a contribuatory infringement.

-- snip --
  

The patch is not against Asterisk - it is against Intel's sample code.

No parts of Asterisk are modified in order to run this code.  Nor am I 
requesting that Asterisk be modified in any way to support this.

The code produced by running the build script is a shared library that 
can be added to Asterisk.  The shared library could be used 
independently of Asterisk, and Asterisk can still be used without the 
shared library.

It is completely optional whether people choose to integrate this code 
with Asterisk.  However, I understand that it probably can't be added to 
the main distribution and I am happy to continue making it available in 
source form as an add-on module for those who would like to evaluate 
it.  I certainly never expected that it would be adopted as an official 
inclusion in Asterisk, and I certainly won't take offence if it isn't.

The relevent terms from Intel's license are below.  (B) says that I have 
the right to modify the source code and (C) says that I can combine 
portions of the sample source into a product and then distribute the 
resulting application.

B. Subject to all of the terms and conditions of this Agreement, Intel 
grants to you a non-exclusive, non-assignable copyright license to 
modify the Materials, or any portions thereof, that are (i) provided in 
source code form or, (ii) are defined as Redistributables and are 
provided in text form.

C. Subject to all of the terms and conditions of this Agreement, Intel 
grants to you a non-exclusive, non-assignable copyright license to 
distribute (except under an Evaluation License as specified below) the 
Redistributables and Sample Source, or any portions thereof, as part of 
the product or application you developed using the Materials.