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Re: lame (again!)



On Sat, May 12, 2001 at 05:58:18PM +0100, Edmund GRIMLEY EVANS wrote:
> (It's bug 97198.)
> 
> Please could someone explain why it is "bad" if Debian includes an MP3
> encoder.

Potential legal problems.  I say potential because lawyers have made a big
deal out of it and have clearly tried to overstep their bounds.  They seem
serious and they seem willing to go to whatever lengths necessary to make
sure they get a cut of it.

On the off chance that they can get us even if the code is in non-US, we
have elected to tuck our tails between our legs and run.  Better to give
up than fight for our principles.  On every level this feels totally wrong
to me, but at least some of the paranoia is justified.


> Surely it is the user's, not Debian's responsibility to decide whether
> a particular use of a particular program might violate a particular
> patent in a particular country.

Their lawyers disagree.  Regardless of Debian's archive location, it's
owned by SPI.  SPI is a US company and probably could be sued in the US
where mp3 is patented.  Given that their lawyers have been nasty about it,
there's at least a fair chance that they would actually try to sue us.

Like most small fishes, SPI would be crushed if they actually DID sue.  In
fact, chances are good that SPI wouldn't survive a small claims suit for
$50.  Given that, better safe than sorry.


I could point out the gross double standard here (LZW anyone?) but suspect
that a detailed list of examples would fall on deaf ears anyway.  Debian
simply does not have the collective backbone to put everything on the line
for any single piece of software.  Maybe that's a good thing if we all
want Debian to be around in a year, but it doesn't stop me from feeling
like we're abandoning our ideals because several other people have been
threatened with potential lawsuits (but never actually sued...)

-- 
Joseph Carter <knghtbrd@debian.org>                Free software developer

Debian Linux is a solid, comprehensive product, and a genuine pleasure to
use.  It is also great to become involved with the Debian collective,
whose friendliness and spirit recalls the early days of the Internet and
its sense of openness and global cooperation.

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