From 9208245db08cddac331492c42f294b3f0d085400 Mon Sep 17 00:00:00 2001 From: Thomas Vander Stichele Date: Fri, 14 Jan 2005 23:07:05 +0000 Subject: [PATCH] move legal q and a here Original commit message from CVS: move legal q and a here --- ChangeLog | 6 ++ docs/faq/faq.xml | 4 + docs/faq/legal.xml | 211 +++++++++++++++++++++++++++++++++++++++++++++++++++++ 3 files changed, 221 insertions(+) create mode 100644 docs/faq/legal.xml diff --git a/ChangeLog b/ChangeLog index 1e54b03..06baab2 100644 --- a/ChangeLog +++ b/ChangeLog @@ -1,3 +1,9 @@ +2005-01-15 Thomas Vander Stichele + + * docs/faq/faq.xml: + * docs/faq/legal.xml: + move the legal Q&A here + 2005-01-14 Ronald S. Bultje * gst/elements/gsttee.c: (gst_tee_getcaps), (gst_tee_link), diff --git a/docs/faq/faq.xml b/docs/faq/faq.xml index 1f03a96..c6f34a9 100644 --- a/docs/faq/faq.xml +++ b/docs/faq/faq.xml @@ -19,6 +19,8 @@ + + ]>
@@ -59,4 +61,6 @@ &CVS; &DEVELOPING; + &LEGAL; +
diff --git a/docs/faq/legal.xml b/docs/faq/legal.xml new file mode 100644 index 0000000..cf9b191 --- /dev/null +++ b/docs/faq/legal.xml @@ -0,0 +1,211 @@ + + GStreamer Legal Issues + +This part of the FAQ is based on a series of questions we asked the FSF +to understand how the GPL works and how patents affects the GPL. These +questions were answered by the +FSF lawyers, so we view them as the +final interpretation on how the GPL and LGPL interact with patents in our +opinion. This consultancy was paid for by +Fluendo +in order to obtain clear and quotable answers. These answers were certified +by the FSF lawyer team and verified by FSF lawyer and law professor Eben Moglen. + + + + + + + +Can someone distribute the combination of + + GStreamer, the LGPL library + Totem, a GPL playback application + The binary-only Sorenson decoder + +together in one distribution/operating system ? If not, what +needs to be changed to make this possible ? + + + + + +This would be a problem, because the GStreamer and Totem licenses would +forbid it. In order to link GStreamer to Totem, you need to use section +3 of the LGPL to convert GStreamer to GPL. The GPL version of GStreamer +forbids linking to the Sorenson decoder. Anyway, the Totem GPL +license forbids this. + + + +If the authors of Totem want to permit this, we have an +exception for them: the controlled interface exception from the FAQ. +The idea of this is that you can't get around the GPL just by including +a LGPL bit in the middle. + + + + + + + + +Suppose Apple wants to write a binary-only proprietary +plugin for GStreamer to decode Sorenson video, which will be shipped +stand-alone, not part of a package like in the question above. +Can Apple distribute this binary-only plugin ? + + + + + +Yes, modulo certain reverse engineering requirements in section 6 of +the LGPL. + + + + + + + +If a program released under the GPL uses a library that +is LGPL, and this library can dlopen plug-ins at runtime, what are the +requirements for the license of the plug-in ? + + + + + +You may not distribute the plug-in with the GPL application. +Distributing the plug-in alone, with the knowledge that it will be used +primarily by GPL software is a bit of an edge case. We will not advise you +that it would be safe to do so, but we also will not advise you that it +would be absolutely forbidden. + + + + + + + +Can someone in a country that does not have software patents distribute +code covered by US patents under the GPL to people in, for example, Norway ? +If he/she visits the US, can he/she be arrested ? + + + + + +Yes, he can. +No, there are no criminal penalties for patent infringement in the US. + + + + + + + +Can someone from the US distribute software covered by +US patents under the GPL to people in Norway ? To people in the US ? + + + + + +This might infringe some patents, but the GPL would not forbid it +absent some actual restriction, such as a court judgement or agreement. +The US government is empowered to refuse importation of patent +infringing devices, including software. + + + + + + + +There are a lot of GPL- or LGPL-licensed libraries that +handle media codecs which have patents. Take mad, an mp3 decoding library, +as an example. It is licensed under the GPL. In countries where patents +are valid, does this invalidate the GPL license for this project ? + + + + + +The mere existence of a patent which might read on the program does not +change anything. However, if a court judgement or other agreement +prevents you from distributing libmad under GPL terms, you can not +distribute it at all. + + + +The GPL and LGPL say (sections 7 and 11): +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 Library at all. + + + + + + + +So let's say there is a court judgement. Does this mean that the GPL license is +invalid for the project everywhere, or only in the countries where it conflicts +with the applicable patents ? + + + + + +The GPL operates on a per-action, not per-program basis. That is, if +you are in a country which has software patents, and a court tells you +that you cannot distribute (say) libmad in source code form, then you +cannot distribute libmad at all. This doesn't affect anyone else. + + + + + + + +Patented decoding can be implemented in GStreamer either by +having a binary-only plugin do the decoding, or by writing a plugin +(with any applicable license) that links to a binary-only library. +Does this affect the licensing issues involved in regards to GPL/LGPL? + + + + + +No. + + + + + + + +Is it correct that you cannot distribute the GPL mad library to +decode mp3's, *even* in the case where you have obtained a valid license +for decoding mp3 ? + + + + + +The only GPL-compatible patent licenses are those which are open to +all parties posessing copies of GPL software which practices the +teachings of the patent. + + + +If you take a license which doesn't allow others to distribute +original or modified versions of libmad practicing the same patent +claims as the version you distribute, then you may not distribute at +all. + + + + + -- 2.7.4