Your message dated Sat, 29 Apr 2006 14:01:52 -0700
with message-id <[EMAIL PROTECTED]>
and subject line Bug#365390: MPEG-4 patent license issues - libfaad* and
libx264*
has caused the attached Bug report to be marked as done.
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Package: libxine1
Version: 1.1.1-1.1
Severity: Serious
Justification: Policy 2.3 - Copyright considerations
This package includes libfaad* and libx264* which implement the MPEG-4
Advanced Audio Coding and Advanced Video Coding. 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]. This license requires signing an agreement and the payment
of royalties, which hasn't been done AFAIK, and is contrary to policy.
There has been some discussion on the lists about this issue with no
particular conclusion[2].
It is therefore my conclusion that these libraries are not distributable
by Debian. Subject to confirmation of this conclusion, the libraries
must be removed from the archive.
Should I forward this to FTP Masters and/or Debian Legal?
Matthew W. S. Bell
(Please don't lynch me).
[1] http://www.vialicensing.com/products/mpeg4audio/standard.html
http://www.mpegla.com/avc/avc-agreement.cfm
[2] http://lists.debian.org/debian-legal/2006/03/msg00031.html
http://lists.debian.org/debian-legal/2005/09/msg00012.html
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On Sat, Apr 29, 2006 at 07:10:59PM +0100, Matthew William Solloway Bell wrote:
> Justification: Policy 2.3 - Copyright considerations
This has nothing to do with copyright. This is a question of patent
infringement. Please do not conflate these two areas of law.
> This package includes libfaad* and libx264* which implement the MPEG-4
> Advanced Audio Coding and Advanced Video Coding. 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]. This license requires signing an agreement and the payment
> of royalties, which hasn't been done AFAIK, and is contrary to policy.
> There has been some discussion on the lists about this issue with no
> particular conclusion[2].
> Should I forward this to FTP Masters and/or Debian Legal?
You should stop filing multiple release critical bug reports for a legal
issue on which there is no conclusion. Take this to debian-legal *first*,
and if there is agreement that these packages cannot be distributed by
Debian, *then* file bugs.
It is Debian's de facto policy that software patents are only an obstacle to
inclusion in main if there is both a history of enforcement and a reasonable
belief that the patents are not invalidated by prior art. Please
demonstrate that this is the case for patents covering use of these codecs.
Note that the existence of voluntary licensees is evidence of neither
enforcement nor validity.
> It is therefore my conclusion that these libraries are not distributable
> by Debian. Subject to confirmation of this conclusion, the libraries
> must be removed from the archive.
A conclusion for which you have provided no support whatsoever.
--
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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