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Re: [Lame-dev] LAME license



Le jeudi 26 août 2010 à 23:27 +0200, Gabriel Bouvigne a écrit :
> > http://permalink.gmane.org/gmane.comp.video.ffmpeg.devel/115654
> > 
> > Do you agree with this claim?

> Without ressorting to any court, I share the opinion that every file 
> featuring the usual LPGLv2 header is only convered by the LPGLv2, 
> without any consideration of the two problematic notes located within 
> the readme file.
> To me, those should only apply to "headerless" source files. It is even 
> likely that several of us haven't even noticed/considered those two 
> notes when commiting new files, faithfully willing to commit new files 
> only under LGPLv2. (at least that is the case for me).

I think this is a valid claim, but it also makes lame as a whole
undistributable, since you cannot link together code that is licensed
under regular LGPLv2+ and code that is under LGPLv2++restrictions, since
the restrictions are incompatible with the LGPL.

> > As a last resort, I think we can still redistribute lame under the terms
> > of the LGPLv3, which seems the be permitted by the LAME license. The
> > GPLv3 contains terms that are very similar to the modifications quoted
> > above in §11. This should address the "additional restrictions" concern.
> > 
> > Do you agree with this theory?
> 
> I think that you can not redistribute LAME only under LGPLv3. According 
> to LGPLv2 you can choose to apply LGPLv3 to LAME, but you should not be 
> able to remove its LGPLv2-ability.

I don’t think this is true. When a work is licensed under the LGPL vX
“or any later version”, you can simply start redistributing it under a
later version.

But anyway, as I understand it, the additional restrictions to the LGPL
are regardless of the LGPL version.

> BTW, while the note #2 is an "activist" one, note #1 is a "pragmatic 
> one". LGPLv2 theoritically prevents any patent holder or patent to 
> distribute LAME. That is a huge problem for some companies, and goes far 
> beyond only LAME.

It only prevents redistribution by holders of a patent that applies to
LAME, or by those who have bought a patent license. I think this is a
desirable side effect.

And anyway, if it only applies to headerless files, the LGPL clauses
apply anyway.

Cheers,
-- 
 .''`.
: :' :     “You would need to ask a lawyer if you don't know
`. `'       that a handshake of course makes a valid contract.”
  `-        --  J???rg Schilling


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