Re: MP3 decoder packaged with XMMS
Quite, but there is the issue of GPL section 7 making this particular
library non-free. The patent licence terms for MP3 technology are
very clear, even for free software decoders:
Section 7 is very clear, "if ... conditions are imposed on you (whether
by court order, agreement or otherwise) ..." Thus, absent a court order
barring a particular practice or someone agreeing to not perform a
particular practice, Section 7 is not triggered.
http://mp3licensing.com/help/developer.html#5
"Q: I have my own/third party mp3 software. Do I need a license?
A: Yes. Use of our patents is not related to a specific implementation
of encoders and decoders, which means that a license under our
patents is needed. "
GPL section 7 refers to "any other pertinent obligations", and I'd say
that for a business operating in the USA or Europe, the patent system
does create very pertinent obligations.
Just because a patentee says you need a license does not either (1) make
it true or (2) trigger GPL Section 7.
I think the existence of the http://mp3licensing.com/ site shows that
it is actively enforced. I can think of a couple of reasons why SPI
may not have had a demand for payment yet. One is that this library
is well hidden in the xmms package. Another may be the perception
that the Debian project doesn't have any money, so isn't worth
chasing.
Another is that the patentee knows her patent would be proven invalid or
not infringed in court.
When a business or other organisation wants to redistribute Debian
packages, it would be useful to be able to split off the sub-packages
with known patent licensing problems. At the moment Debian doesn't
offer a choice about MP3 support in xmms because of the way it is
bundled in. Free software alternatives to MP3 do exist, in particular
Ogg Vorbis, so xmms is still a useful package without MP3 support.
I fail to see what the "patent licensing problem" to which you refer.
Everyday tons of patentees go around making threats. The most I can see
here is a general threat made to the entire world. I am aware of no
specific allegation being made against Debian.
Best,
--Dan
Daniel B. Ravicher
Legal Director
Software Freedom Law Center
1995 Broadway, 17th Fl.
New York, NY 10023
(212) 461-1902 direct
(212) 580-0800 main
(212) 580-0898 fax
ravicher@softwarefreedom.org
www.softwarefreedom.org
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