[asterisk-users] Some queries on g729 license.

[Jerry]

> Jerry wrote:
>
>>I believe (this may have changed) that ANY patented technology can be
>> used
>>for free educationally. The idea is that people can study and play with
>>the technology for no charge. I'm not sure if this means that a
>>University can use this in their phone system without paying the patent
fees,
>> though.
>>
>>Now, certainly there can be "open source" versions of the G.729 codec.
>>They can even be "free" in the sense that the author is not charging. But
>>the author can't waive the patent rights.
>>
>>Intel has a freely downloadable codec for educational use, but they have
>>a long legalese document which explains the patent obligations.
>>
>>If you are using G.729 commercially, there is no question you have a
>>legal obligation to pay the patent holder for his rights.

> Whether it's a university or a megacorporation studying the technology,
> they have to be very careful.
>
> Suppose we are working on automotive fuel economy or emissions
> improvement. If we buy a new or used car we are reasonably sure that a
> multitude of patents involved are being legally used. If we build a
> cadillac clone for the research, I would be worried.

I can't find any refs to it now, so it might well be that the law has
changed. It was very specifically for "research purposes only", and may
have been limited to educational institutions. I'll dig around and see if
I can locate the reference.

> Another factor to consider in some cases is when we sign a sales
> contract that includes things like "no reverse engineering". It might be
> hard to prove that we did not reverse engineer the product in order to
> develop a patentable improvement.

Since patents require the disclosure of the novel process in order to be
considered, reverse engineering or violating the DMCA (or whatever other
law may apply) wouldn't have to be done. That's the beauty of patents, as
opposed to keeping something a trade secret -- anyone can see what is
being done. (Reverse engineering is generally done to inter operate, not
to recover  something patentable)

J.