Re: [EMAIL PROTECTED]: Re: [sork] About license of sork modules]

2006-05-01 Thread Don Armstrong

On Mon, 01 May 2006, Chuck Hagenbuch wrote:
> I suppose another question is, what level of contribution gives
> someone enough copyright say to need to approve a license change?
> Fixing a typo? A few lines of code? A whole new driver seems like
> enough to me; what about tweaking CSS? I don't know if there are
> rules for this.

There aren't any rules for that, as it's very difficult to determine
at what point you generate a work of authorship. A general rule of
thumb is that any non-trivial contribution has a say in the way in
which the work is licensed.

This is one of the reasons why doing due dilligence in copyright
assignment or licensing when you accept patches for contributors is
such an important part in making a robust free software project.
[Unfortunatly, it's one of the parts that almost every project sucks
horribly at because it's such a thankless uninteresting task.]


Don Armstrong

-- 
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biggest bloody authority on everything"
 -- Terry Pratchet _Pyramids_ p146

http://www.donarmstrong.com  http://rzlab.ucr.edu


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Re: Bug#365194: Fwd: Re: [NONFREE-DOC] RFC1459, 2810-2813: IRC (Internet Relay Chat).

2006-05-01 Thread Kurt Roeckx
On Sat, Apr 29, 2006 at 07:41:28PM +0200, Francesco Poli wrote:
> On Sat, 29 Apr 2006 01:55:55 +0200 Kurt Roeckx wrote:
> 
> > Do I need to get the copyright holder of the documents to
> > relicense it under the GPL?  It seems clear to me that it
> > already is covered by the GPL, but it shouldn't be a
> > problem to get the copyright holder to explicitly state
> > that.
> 
> Yes, please do.
> A clarification would be highly useful, IMHO.

I'm not sure, but I think if they say that the rfc is covered by
the gpl, that it might need to have some exception saying that
the name needs to be changed, which also seems to be compliant
with DFSG #4.  Does the GPL allow such exceptions?

Could someone please advise me on what I should ask them to say?


Kurt


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Free Art License

2006-05-01 Thread Nathanael Nerode
On Thu, 27 Apr 2006 17:54:53 +1000 Andrew Donnellan wrote:

> There is a license called the Free Art license, I don't know if that
> is DFSG-free.

I believe that it is.

However, it is not a very appropriate license for all-digital works.  
It is specifically designed to address physical artworks: the different
stuff about "original work of art" and "The Original" is all about that.
If you don't have a physical original, it's a cumbersome and unwieldy license.
If you do, it's a great license.

-- 
Nathanael Nerode  <[EMAIL PROTECTED]>

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Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.

2006-05-01 Thread Steve Langasek
On Sat, Apr 29, 2006 at 11:37:39PM +0100, Matthew William Solloway Bell wrote:
> The packages libxine1, ffmpeg,  include libfaad*, libx264* or another
> codec which implement the MPEG-4 Advanced Audio Coding and Advanced
> Video Coding standards. Unfortunately, these are patent encumbered in at
> least the USA, and many other countries. To distribute code implementing
> any of these patents, a license is required[1], assuming that the
> claimed patents are valid. This license requires signing an agreement
> and the payment of royalties, which hasn't been done AFAIK, and is
> contrary to policy. 
> There is evidence of prior attempts of enforcement, specifically against
> FAAD at AudioCoding.com[2].

This appears to refer to enforcement of patents covering encoding using the
codecs in question.  Do libxine1 and ffmpeg implement encoding of these, or
just decoding?  Is there a history of enforcement of patents on decoding of
the codecs in question?

 Further, it has been brought to my attention
> that a reasonable belief that patents are not valid is sufficient
> condition for being able to distribute software that comes under such a
> license (subject to ftp master agreement). This is the only evidence I
> could find supporting such a belief[3]. It does not appear that
> significant prior art exists for any/all of the MPEG-4 patents.
> There has been some discussion on the lists before about this issue with
> no particular conclusion[4].

The ffii.org page you point to explicitly states their opinion that the
patents in question contain no substantive creative element, i.e., the
patents are invalidated by prior art in the field.  Why do you draw the
opposite conclusion that "it does not appear that significant prior art
exists", citing only the ffii.org page itself?

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.

2006-05-01 Thread Måns Rullgård
Steve Langasek <[EMAIL PROTECTED]> writes:

> On Sat, Apr 29, 2006 at 11:37:39PM +0100, Matthew William Solloway
> Bell wrote:
>> The packages libxine1, ffmpeg,  include libfaad*, libx264* or another
>> codec which implement the MPEG-4 Advanced Audio Coding and Advanced
>> Video Coding standards. Unfortunately, these are patent encumbered in at
>> least the USA, and many other countries. To distribute code implementing
>> any of these patents, a license is required[1], assuming that the
>> claimed patents are valid. This license requires signing an agreement
>> and the payment of royalties, which hasn't been done AFAIK, and is
>> contrary to policy. 
>> There is evidence of prior attempts of enforcement, specifically against
>> FAAD at AudioCoding.com[2].
>
> This appears to refer to enforcement of patents covering encoding using the
> codecs in question.  Do libxine1 and ffmpeg implement encoding of these, or
> just decoding?  Is there a history of enforcement of patents on decoding of
> the codecs in question?

FFmpeg has an AVC decoder.  It does not include an AVC encoder, and it
neither encodes nor decodes AAC.  FFmpeg can optionally use external
libraries for these tasks.

I'm not familiar with libxine enough to comment on it.

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Re: Free Art License

2006-05-01 Thread Francesco Poli
On Mon, 1 May 2006 15:18:32 -0400 Nathanael Nerode wrote:

> On Thu, 27 Apr 2006 17:54:53 +1000 Andrew Donnellan wrote:
> 
> > There is a license called the Free Art license, I don't know if that
> > is DFSG-free.
> 
> I believe that it is.

If you do, could you please reply to my analysis with an actual
rebuttal?

I would be much happier, should I find out that a license, which is
claimed to be Free by the FSF, is *actually* Free: such an event has
become unusual in these strange days, unfortunately...   :-(((


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Re: Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.

2006-05-01 Thread Matthew William Solloway Bell

> On Sat, Apr 29, 2006 at 11:37:39PM +0100, Matthew William Solloway Bell wrote:
> > The packages libxine1, ffmpeg,  include libfaad*, libx264* or another
> > codec which implement the MPEG-4 Advanced Audio Coding and Advanced
> > Video Coding standards. Unfortunately, these are patent encumbered in at
> > least the USA, and many other countries. To distribute code implementing
> > any of these patents, a license is required[1], assuming that the
> > claimed patents are valid. This license requires signing an agreement
> > and the payment of royalties, which hasn't been done AFAIK, and is
> > contrary to policy. 
> > There is evidence of prior attempts of enforcement, specifically against
> > FAAD at AudioCoding.com[2].
> 
> This appears to refer to enforcement of patents covering encoding using the
> codecs in question.  Do libxine1 and ffmpeg implement encoding of these, or
> just decoding?  Is there a history of enforcement of patents on decoding of
> the codecs in question?

Hmmm, I think I have missed something; what makes you draw this
conclusion? AudioCoding.com has removed all binaries including those
related to decoding. I see no reference to encoding only in [2]. The
licensing authorities in [1] have licenses that cover decoders. I did
look at their patent portfolio, but is was brief and shallow. I'm having
a closer look now.

libxine: libfaad (AAC decoder)
vlc: libfaad (AAC decoder); libx264 (AVC decoder)
libavcodec0: libfaad (AAC decoder); libx264 (AVC decoder)

AFAIK, libx264 is a decoder only but the decoding functions are called
x264_encoder_?

>  Further, it has been brought to my attention
> > that a reasonable belief that patents are not valid is sufficient
> > condition for being able to distribute software that comes under such a
> > license (subject to ftp master agreement). This is the only evidence I
> > could find supporting such a belief[3]. It does not appear that
> > significant prior art exists for any/all of the MPEG-4 patents.
> > There has been some discussion on the lists before about this issue with
> > no particular conclusion[4].
> 
> The ffii.org page you point to explicitly states their opinion that the
> patents in question contain no substantive creative element, i.e., the
> patents are invalidated by prior art in the field.  Why do you draw the
> opposite conclusion that "it does not appear that significant prior art
> exists", citing only the ffii.org page itself?

My apologies, that should read 'It does not appear to me that..." which
is based on the conclusion of the previous sentence. I was rather hoping
someone would be able to support or contradict this. Regarding my
comments on 'prior art', I did not consider 'prior art' to be
semantically identical to 'no inventive step'; however, I considered
both to be sufficient condition to deem the patents invalid. Of course,
I'm not a patent lawyer.

Matthew W. S. Bell


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Re: Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.

2006-05-01 Thread Matthew William Solloway Bell
Oops,
My mistake libavcodec is not using libx264, but it's own AVC decoder,
and the FAA{C,D} code is an interface only. 

Matthew W. S. Bell


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Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.

2006-05-01 Thread Måns Rullgård
Matthew William Solloway Bell <[EMAIL PROTECTED]> writes:

>> On Sat, Apr 29, 2006 at 11:37:39PM +0100, Matthew William Solloway Bell 
>> wrote:
>> > The packages libxine1, ffmpeg,  include libfaad*, libx264* or another
>> > codec which implement the MPEG-4 Advanced Audio Coding and Advanced
>> > Video Coding standards. Unfortunately, these are patent encumbered in at
>> > least the USA, and many other countries. To distribute code implementing
>> > any of these patents, a license is required[1], assuming that the
>> > claimed patents are valid. This license requires signing an agreement
>> > and the payment of royalties, which hasn't been done AFAIK, and is
>> > contrary to policy. 
>> > There is evidence of prior attempts of enforcement, specifically against
>> > FAAD at AudioCoding.com[2].
>> 
>> This appears to refer to enforcement of patents covering encoding using the
>> codecs in question.  Do libxine1 and ffmpeg implement encoding of these, or
>> just decoding?  Is there a history of enforcement of patents on decoding of
>> the codecs in question?
>
> Hmmm, I think I have missed something; what makes you draw this
> conclusion? AudioCoding.com has removed all binaries including those
> related to decoding. I see no reference to encoding only in [2]. The
> licensing authorities in [1] have licenses that cover decoders. I did
> look at their patent portfolio, but is was brief and shallow. I'm having
> a closer look now.
>
> libxine: libfaad (AAC decoder)
> vlc: libfaad (AAC decoder); libx264 (AVC decoder)
> libavcodec0: libfaad (AAC decoder); libx264 (AVC decoder)
>
> AFAIK, libx264 is a decoder only but the decoding functions are called
> x264_encoder_?

x264 is an AVC *encoder* only.  libavcodec can optionally call it for
AVC encoding.

-- 
Måns Rullgård
[EMAIL PROTECTED]


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Re: Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.

2006-05-01 Thread Steve Langasek
On Tue, May 02, 2006 at 01:13:02AM +0100, Matthew William Solloway Bell wrote:

> > On Sat, Apr 29, 2006 at 11:37:39PM +0100, Matthew William Solloway Bell 
> > wrote:
> > > The packages libxine1, ffmpeg,  include libfaad*, libx264* or another
> > > codec which implement the MPEG-4 Advanced Audio Coding and Advanced
> > > Video Coding standards. Unfortunately, these are patent encumbered in at
> > > least the USA, and many other countries. To distribute code implementing
> > > any of these patents, a license is required[1], assuming that the
> > > claimed patents are valid. This license requires signing an agreement
> > > and the payment of royalties, which hasn't been done AFAIK, and is
> > > contrary to policy. 
> > > There is evidence of prior attempts of enforcement, specifically against
> > > FAAD at AudioCoding.com[2].

> > This appears to refer to enforcement of patents covering encoding using the
> > codecs in question.  Do libxine1 and ffmpeg implement encoding of these, or
> > just decoding?  Is there a history of enforcement of patents on decoding of
> > the codecs in question?

> Hmmm, I think I have missed something; what makes you draw this
> conclusion? AudioCoding.com has removed all binaries including those
> related to decoding. I see no reference to encoding only in [2]. The
> licensing authorities in [1] have licenses that cover decoders. I did
> look at their patent portfolio, but is was brief and shallow. I'm having
> a closer look now.

Sorry, what I mean is that the AudioCoding.com case involved a work that
implemented both encoding and decoding, therefore we can't infer from it
that patents which apply only to decoders are being actively enforced.

> My apologies, that should read 'It does not appear to me that..." which
> is based on the conclusion of the previous sentence. I was rather hoping
> someone would be able to support or contradict this. Regarding my
> comments on 'prior art', I did not consider 'prior art' to be
> semantically identical to 'no inventive step'; however, I considered
> both to be sufficient condition to deem the patents invalid. Of course,
> I'm not a patent lawyer.

Yeah, they're not exactly semantically identical, but a claim that there is
no inventive step depends on showing that there is prior art, and the ffii
page makes assertions about specific prior art in existence.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Re: MPEG-4 patent license issues - libfaad* and libx264* and other codecs.

2006-05-01 Thread Matthew William Solloway Bell
So given my idiocy I'm going to leave that detective work to someone
else. I think the general picture is slightly more clear than opaque now
though.

MWSBell


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