Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.
On Sun, 30 Apr 2006, Måns Rullgård wrote:
> Don Armstrong <don@debian.org> writes:
>
> > On Sun, 30 Apr 2006, Josselin Mouette wrote:
> >> Le samedi 29 avril 2006 à 23:37 +0100, Matthew William Solloway Bell a
> >> écrit :
> >> > The packages libxine1, ffmpeg, include libfaad*, libx264* or another
> >> > codec which implement the MPEG-4 Advanced Audio Coding and Advanced
> >> > Video Coding standards.
> >>
> >> I have already stated this: Debian shouldn't have anything to do
> >> with regard to patents. We should entirely ignore them unless
> >> directly threatened, and such issues that depend so much on the
> >> country should be up to the end-user to deal with.
> >
> > Like it or not, we can't completely ignore them in Debian. Each mirror
> > operator needs to make their own decisions about their liability in
> > their own country, but Debian itself needs to be careful about
> > distributing works which have patents in the United States[1] where
> > the patent holders are well known and have been inolved in patent
> > litigation against individuals using their patents.
>
> Correct me if I'm wrong, but isn't it use, not distribution, that
> requires a patent license?
35 U.S.C. 271 Infringement of patent.
(a) Except as otherwise provided in this title, whoever without
authority makes, uses, offers to sell, or sells any patented
invention, within the United States, or imports into the United
States any patented invention during the term of the patent
therefor, infringes the patent.
[...]
(f) (1) Whoever without authority supplies or causes to be
supplied in or from the United States all or a substantial
portion of the components of a patented invention, where
such components are uncombined in whole or in part, in
such manner as to actively induce the combination of such
components outside of the United States in a manner that
would infringe the patent if such combination occurred
within the United States, shall be liable as an infringer.
So as you can see, distribution both internally and externally appears
to be a problem. [I'm not a lawyer though, so someone who is may have
a less conservative understanding of what the code means.]
Don Armstrong
--
I'd sign up in a hot second for any cellular company whose motto was:
"We're less horrible than a root canal with a cold chisel."
-- Cory Doctorow
http://www.donarmstrong.com http://rzlab.ucr.edu
Reply to: