I contacted NewTek about this, here's the pretty much immediate response I got:

On 03.12.2018 18:55, Andrew Cross <acr...@newtek.com> wrote:
Yikes, I am pretty surprised by this to be honest I think that our intent might 
have been entirely misconstrued.

We are in no way trying to abuse anything anyone did and if they want us to not 
distribute FFMPEG then we'd be very happy to stop doing that ... we did this 
purely as a public service because loads of people complained (hundreds) to use 
about NDI not being part of the FFMPEG nightly builds. We had initially tried 
to help make it part of the nightly builds but got a lot of push-back and it 
did not seem worth the fight (our headers are MIT licensed and you can download 
our run-times for free, so it is no different than say nvEnc, etc... that are 
all parts of the builds). At the end of the day, we make no money of NDI and 
just give it away and support it for free so it is hardly part of an evil ploy 
to corrupt anyone ;)

I'd prefer not to jump in the middle of the thread, but we are happy to work 
with anyone on this, our only goal is to serve people using NDI and if FFMPEG 
do not want us to distribute it then we're happy to do that, likewise if they 
want us to change the options we're also happy to do that. We'd be happy to do 
what we reasonably can for it to be part of the nightly builds as well ...

Feel free to pass this along and anyone can email me directly who wants too.

Andrew


I think the easiest way out here would be to make an LGPL build instead?
libndi can still be enabled then, but the build isn't nonfree.
libx264 would have to go, but that's probably still better for them than removing ffmpeg entirely.

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