(Hi PIKA support,
I'm the lead developer of MPD.  I'm Cc'ing you this email as a first
"official" contact.  We're glad your company chose to add MPD to your
product.  Please read the following explanation or forward it to your
law department. http://www.gpl-violations.org/faq/vendor-faq.html is a
good read.)


Hi,

yesterday, PIKA Technologies Inc. (located in the USA, CA) announced
that they were using MPD on their appliance:

 http://www.musicpd.org/forum/index.php?topic=1761.0

So far, this sounds like good news - another distributor picking up
MPD.

They published a patch for MPD which adds a new audio output.  This
patch depends on two proprietary libraries.  It looks like those two
libraries (libpikahmpapi and libpikalcdapi) are covered by a non-free
license called "PIKA MonteCarlo Software License Agreement":

"Subject to this License Agreement, PIKA grants to you a personal,
nonexclusive, non-transferable license to install and use the Software
Products strictly for your own internal business purposes."
(http://svn.pikatech.com/pads/distro/tags/1.0.0.236/LICENSE)

The source code seems to be not available.

While linking MPD with non-free code is allowed, the GPL does not
allow distributing this binary or even the source code.  According to
copyright law, you may only distribute software if the copyright
holder allows you to do so - most MPD users and distributors get this
accreditation from the GPL.

The GPL however is not applicable here, since there is non-free code
involved, making PIKA's work a copyright violation.  They violate the
copyright of every single person who has ever contributed a patch to
MPD (Warren, Eric, Alexander, me, and all the others).  To be able to
ship MPD with proprietary code, they would have to ask _every_
_single_ contributor.

Many companies aren't aware of copyright law, they think they can just
take open source as if it had no copyright.  This even affects
companies who should know better, whose only product is so-called
"intellectual property".

I will try to resolve this issue, and I hope PIKA will open up the two
proprietary libraries.  They showed their committment to open source
by publishing patches in the first place, which is a good sign.
Although the new audio output may have little value for us, it would
be a good sign that we honor each other's rights.

Max

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