[FFmpeg-devel] [PATCH] Dynamic plugins loading
Sat Nov 6 10:46:59 CET 2010
Le sextidi 16 brumaire, an CCXIX, Felipe Contreras a ?crit?:
> H.264 is clearly owned by MPEG LA who claims to have the patents. You
> distribute FFmpeg as-is without paying them, you risk being sued by
No, he does not. Developing Free software and distributing it "as is" is
considered "experimental", which does not infringe any patent. Patent
infringement starts when the software is distributed as a ready-to-use
product or actually used.
> Menus, double-click, etc. _might_ be owned by patents, but it's not
> clear who, if any, would sue Fedora, and if the patent would be valid.
There are a lot of lists of stupid patents on the web, menus and
double-clock are on them, they _are_ patented. The only difference with
H.264 is that the MPEG-LA is actually and explicitly threatening.
You claim that Fedora avoids H.264 out of philosophy, but that is not true,
it is only a question of threat.
> Besides, legally speaking it's better to not know you are violating a
> patent, than knowingly do that, which wouldn't fly for H.264.
Actually, legally speaking, the law does not take into account the knowledge
of the infringing party: it is the responsibility of anyone willing to
exploit something industrially to ensure that it is not protect by a patent.
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