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Re: x264 for Debian



On Thu, Mar 02, 2006 at 10:45:12PM +0000, M?ns Rullg?rd wrote:
> >
> > The codec has dozens of different corporations holding patents over
> > it, who will try to extract royalties for it in countries where
> > those patents are upheld (ie, USA), and giving it "this is free
> > because it's GPL" hurts truely patent-clear codecs such as
> > VP3.2/Theora from being recognised as such.
> 
> VP3/Theora is all but free of patents.  On2 has granted unlimited free
> use of the patents they hold relevant to VP3.  There are almost
> certainly other patents that could be construed to cover VP3 as well.
> It is a good gesture nonetheless.

I didn't say patent-free, I said patent-clear.  On2 has put a license on it 
which allows it to be used for any purpose and disclaims any right to restrict 
it's use or charge royalties.  This is the patent version of the BSD license.

The dozens of corporations holding patents over H.264/MPEG-4 have not made 
such a release, and are activly seeking royalties.  We don't even know yet 
what those royalties will be since those corporations are still fighting 
amoung each other over how to divy up the bounty from the combined patent 
portfolio.  Regardless of the result, it is not patent-clear, will not be 
patent-clear, and will suffer worse bashlash as the free MP3 encoders did.

The GPL specifically forbids redistribution when the liberties granted by the 
GPL are limited or restricted by patents/etc.  To distribute this software on 
any US-based server is, thus, in violation of the GPL.
 

> That said, VP3/Theora can hardly compare with H.264 in terms of coding
> efficiency.  There really is no viable alternative in some situations.
> Microsoft's WMV9/VC1 comes close but I'm sure it has every bit as
> non-free licensing terms.

This argument has nothing to do with the freeness of it, or it's compliance to 
the DFSG, but instead seems to be arguing that it's patent status should be 
ignored because it's superiority over free codecs makes it OK to ignore the 
ethical concerns over it.

This is the same argument used to promote the nvidia binary drivers.
Something being useful is not a valid argument to ignore it's proprietary 
nature.  This is what non-free exists for.



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