[Asterisk-Users] g729 status in New Zealand

[David Uzzell]

trixter aka Bret McDanel wrote:
> On Wed, 2005-11-16 at 13:21 +1100, David Uzzell wrote:
> 
>>trixter aka Bret McDanel wrote:
>>
>>>On Wed, 2005-11-16 at 13:22 +1300, Richard Malcolm-Smith wrote:
>>>
>>>
>>>>As far as I was aware a license was only required in contries that had software 
>>>>patents, I know that there arnt here so I am just seeking clarification if thats 
>>>>all there is to it.
>>>
>>
>>I say just all get over it. The lic cost is Cheap. I did not want to
>>have to buy lic for the codec but I did when I had my server in a Data
>>Centre. Now I have it at home on my DSL I am not even using the g729
>>codec anymore cause lan bandwidth is not a issue for me. I don't even
>>have it loaded cause I don't want to waste one of the MAC changes cause
>>I am in the process of getting a new server.
>>
> 
> well mac based auth is trivial to bypass, many drivers on many systems
> support mac address changing.  But that isnt the point, it may be cheap
> for small users, but look at vonage who has passed 1 million customers.
> At $10/license lets say that 7% of their users are on the phone at any
> given time using g.729 (ok that is prolly high but ...)  that is $700k.
> Lets say that vonage uses a VoIP provider (like global crossing
> provides) for most of their routes (I know they have some pris in NJ but
> its unclear what percentage they use those).  That doubles the cost to
> $1.4M.  I understand that is a high estimate and would probably be less
> than half that, so lets go ahead and fudge the math a bit and say they
> need $500k worth of licenses (25k calls at a time using G.729 for a 1
> million customer user base).
> 
> In the grand scheme of things odds are they wouldnt do this because of
> the cpu overhead required, but that isnt what most people would consider
> 'cheap'.  Looking at a hobby system or a small VoIP provider it may be
> cheap but when you think about some of the larger providers it can be a
> daunting cost.
> 
> That however isnt the point.  the question asked was whether or not its
> legally enforcable in a given jurisdiction.  


Ok I will give you that.

If it is not enforcable in NZ thats great. Get a copy of the code and
build your own codec. If you want to use digium's codec then you have to
pay the lic fee even if the patent is not enforcable for you, thats the
way the world goes. They have a lic'ed product and only offer that
product for sale not as a free product.

The question is really un-important for this list, it is ONLY important
between the person who thinks that they can use the g729 codec ignoring
the patent or considering that it is not legally enforcable for them and
their lawyer who will give them concise information about the legal
situation in their jurisdiction.


It does however not make any difference that for instance vonage would
likely use a huge number of lic's other than if they were in a
jurisdiction were the patent was legally unenforcable as far as they see
it. As I also understand it that people can negotiate with the patent
owners directly if they wish to get a cheaper bulk price than what
digium is offering to the general public. They can always speak to
http://www.voiceage.com/ and work through a large valume pricing
structure if it is unavaliable with digium.

If you think the codec patent is legally unenforcable for you then go
for it get a copy of the code and build your own codec but when it
doesn't work or not work the way you see it working else were sorry your
on your own. If you buy a lic then you can get support to make sure it
works as it should.

Round and round we go back to the same place. If a PERSON considers the
codec patent legally unenforcable in their jurisdiction then they must
make that choice for themselves and going round and round in circle's on
this mailling list you will always end up back at the same place over
and over again.

GO SEE A LAWYER IN YOUR OWN JURISDICTION THAT KNOWS ABOUT THE LAWS THAT
EFFECT YOU DIRECTLY AND PAY THEM TO PROVIDE YOU SOUND ADVICE IN THE
SITUATION FOR YOU.

Trying to change it from
> that to something else is a questionable tactic, especially when you try
> to do so by confusing a small hobby system or a small time provider with
> a larger one.
> 
> 
>>It is not as if the Lic Fee is $100 per lic or anything that nasty, it
>>is $10 per channel. If that is used for your personal use then you would
>>likely own need a couple so it is not expensive. And if it is for
>>business and you need many and you can't afford to cover the cost's of
>>the codec then you shouldn't be in business.
>>
> 
> See above $500k isnt that common in spare cash.  Hell even 10% of that
> isnt that common in a startup in spare cash.  Remember all the other
> costs would have been accounted for for them to be in business, so that
> would be extra on top of all those other costs.  
> 
> 
> 
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