Re: ogg to mp3 audio (also via 8233a question)
On Wed, Feb 05, 2003 at 11:12:35AM -0600, Kirk Strauser wrote:
> At 2003-02-05T16:07:12Z, Craig Dickson <crdic@pacbell.net> writes:
> > Since it would have an mp3 encoder, it couldn't possibly be under GPL,
> > since mp3 encoders are patent-encumbered.
>
> Not true. LAME is released under the GPL - it was written from scratch:
>
> http://lame.sourceforge.net/
It is not relevant to a patent infringement claim whether a work was
written from scratch. The GPL says:
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
That of course doesn't prevent the holders of LAME's copyright from
releasing it under the GPL, since the copyright holders are not
themselves bound by the terms of the licence, but if there is an
applicable patent without free licensing then that means nobody else can
legally redistribute LAME under the terms of the GPL.
(Disclaimer: I haven't kept up with the circumstances surrounding MP3
encoders in detail. This is just my understanding of the law, although
I'm not a lawyer.)
--
Colin Watson [cjwatson@flatline.org.uk]
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