[Asterisk-Users] g729 status in New Zealand

Tue Nov 15 21:47:45 MST 2005

On Wed, 2005-11-16 at 15:15 +1100, David Uzzell wrote:
> 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.
> 
Yup they have no way to enforce that its only used in places where the
license is not enforcable so they cant easily do that without exposing
them to liability for each copy.  Plus they are in the US so odds are a
claim they were distributing from the US would get them into hot water.

Now for the ITUs site, I found the data set that has the '3
diskettes' (their words) in the zip file (pdf or word) however that is
82 swiss francs, does anyone have a copy that doesnt require such
payment (legally of course)?

I am thinking of making this a AUG project in the near future to come up
with a cheaper alternative.  From what I am reading on similar ITU
codecs its under $1 per unit licensing to the ITU so it could be a lot
cheaper and still provide some money for the Sac AUG to get supplies for
its activities (Sac AUG is not for profit 100% volunteer so no
individual would actually profit).  The people saying that thought it
was about $0.50 per seat royalty.  Maybe when I have time I will contact
the ITU to see what their fee is.

ITUs site for the reference implementation:
http://www.itu.int/rec/recommendation.asp?type=items&lang=E&parent=T-REC-G.729-199611-I!AnnA

> 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.
> 
I think that it has some relevance to this list as thye are speaking
about using that codec specifically in asterisk.  Thus they are an
asterisk user asking about an asterisk specific feature.  Just because
they happen to be asking about a caveat that only applies to a limited
jurisdiction does not mean they shouldnt be able to ask.  If that were
the case then most of the questions that are asked that have to do with
asterisk in different countries should be ignored, and I think that
would be the wrong thing to do.

> 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.
> 
The same could be said for any open source project.  If it doesnt work
for you oh well.  I however dont see that happening, and with something
like this, if the rumors are true and the per seat cost is about 50
cents then a not for profit group could easily sell it for $1 and still
get funding to pay for servers and other things so they can play with
different stuff.  That is a big difference between a commercial and
nonprofit entity.

> 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.
> 
yup you are going in circles, and without quoting anything..  Do you
like to repeat yourself trying to imply that its someone elses fault
that you repeated yourself?

> 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.

Perhaps you should settle down, you seem a bit excited there.  Just
take a few deep breaths, remember you are not obligated to reply even if
you feel compelled to do so.

-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
UK +44 870 340 4605   Germany +49 801 777 555 3402
US +1 360 207 0479 or +1 516 687 5200
FreeWorldDialup: 635378
http://www.sacaug.org/ Sacramento Asterisk Users Group
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