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Re: Bug#158683: ITP: oggasm -- MP3 to Ogg converter



On Sat, 31 Aug 2002 17:39, Oohara Yuuma wrote:
> > 3) to my knowledge, neither bladeenc nor lame do use these algorithms
> >   (they are mainly for encoding at low bit rate, something these
> >   encoders don't do well - they were'nt designed for that)
> > 4) however, from what I understand Fraunhofer and Thompson oblige
> >    bladeenc and lame developers to distribute *sources* and not
> >    *binaries* to always check that they are not using patented
> >    algorithms (now how's that for another use of source visibility :()
>
> If they insist we are violating their patent, it is their job
> to prove it, no?  "Guilty unless proven otherwise" is illegal
> (at least in Japan).

The presumption of innocence only applies to criminal law not civil law.

Civil law (sueing) is based on the "balance of probabilities".  If the sources 
of bladeenc were obscured then a magistrate could probably be persuaded by a 
good lawyer that it was done for the reason of concealing wrong-doing.

-- 
I do not get viruses because I do not use MS software.
If you use Outlook then please do not put my email address in your
address-book so that WHEN you get a virus it won't use my address in the
>From field.



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