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Re: lame (again!)



"Marcelo E. Magallon" <mmagallo@debian.org> writes:

> >> Viral <viral@debian.org> writes:
> 
>  > I would like clarify the reason for lame not being included in the debian
>  > archives, not even non-US.
> 
>  http://www.debian.org/devel/wnpp/unable-to-package
> 
>  IIRC your questions are addressed there.

A few questions that are not covered in the linked discussion, nor
in the postings to debian-legal that I digged up.

What is (or can be) prevented by a patent?
- Spreading information about an algorithm?
- Writing code that implements an algorithm?
- Distributing/publishing same code?
- Using the code?

Is there a difference between distributing source vs. binaries as
regards patents?

In this specific case, Fraunhofer IIS seems to focus on binaries, for
some reason. (BladeENC is still distributed in source form, but no
longer pre-compiled, see
<URL:http://bladeenc.mp3.no/skeleton/news.html>)

In how far is the mp3 patent different than the IDEA patent (or the
RSA patent a until a few months ago)? We distributed and still
distribute source/binaries implementing both of these technologies.

Debian does not seem to care about /all/ patents (we probably couldn't
distribute any software otherwise), only those that are actively
enforced. But lame has been distributed (first as a patch, then as
complete source) for considerable time, without major legal hassles,
AFAIK. sourceforge (not exactly an off-shore, small-fish site)
provided the lame CVS since 1999. Couldn't that be seen as evidence
that distributing lame (at least in source form) is "ok".

Another minor point is that they claim to cover mp3 *de*coding in
their patents as well. If Thomson gets its way, you'd have to pay a
fee for every decoder, only those distributed free-of-charge over the
net are exempted
(<URL:http://www.mp3licensing.com/royalty/swdec.html>) Unless we
dismiss this claim as bogus, freeamp, mpg321, and friends must go to
non-free at least.

-- 
Robbe

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