[FFmpeg-cvslog] [ffmpeg.org]: r267 - trunk/src/legal
superdump
subversion
Tue Feb 17 00:21:54 CET 2009
Author: superdump
Date: Tue Feb 17 00:21:52 2009
New Revision: 267
Log:
Make legal page XHTML 1.0 Strict compliant
Modified:
trunk/src/legal
Modified: trunk/src/legal
==============================================================================
--- trunk/src/legal Tue Feb 17 00:15:05 2009 (r266)
+++ trunk/src/legal Tue Feb 17 00:21:52 2009 (r267)
@@ -2,9 +2,11 @@
<h1>FFmpeg License and Legal Considerations</h1>
+<p>
Legal issues are a constant source of questions and confusion.
This is an attempt to clarify the most important issues.
The usual disclaimers apply, this is not legal advice.
+</p>
<h2>FFmpeg License</h2>
@@ -43,9 +45,12 @@
<h2>Trademark</h2>
+<p>
FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.
+</p>
<h2>Patent Mini-FAQ</h2>
+<p>
A lot of legal questions surrounding patents arise when discussing multimedia
technology. This
mini-FAQ attempts to address these issues. Note that much of this discussion
@@ -53,10 +58,11 @@
circumstances. Very little consideration is given to <i>what could happen</i>.
If you use your imagination, you can visualize any dire scenario and cease
doing any productive work.
+</p>
<p>
<b>Q: Does FFmpeg use patented algorithms?</b>
-<br>
+<br />
A: We do not know, we are not lawyers so we are not qualified to answer
this. Also we have never read patents to implement any part of FFmpeg,
so even if we were qualified we could not answer it as we do not know
@@ -66,43 +72,52 @@
What we do know is that various standards FFmpeg supports contain vague
hints that any conforming implementation might be subject to some patent
rights in some jurisdictions, examples for such statements are:
-<br>
+<br />
For H.264:
+</p>
<blockquote>
+<p>
ITU draws attention to the possibility that the practice or implementation of this Recommendation may
involve the use of a claimed Intellectual Property Right. ITU takes no position concerning the evidence,
validity or applicability of claimed Intellectual Property Rights, whether asserted by ITU members or others
outside of the Recommendation development process.
+</p>
</blockquote>
+<p>
And for MPEG-4:
+</p>
<blockquote>
+<p>
The user's attention is called to the possibility that, for some of the processes specified in this part of ISO/IEC
14496, conformance with this specification may require use of an invention covered by patent rights.
By publication of this part of ISO/IEC 14496, no position is taken with respect to the validity of this claim or of any
patent rights in connection therewith.
+</p>
</blockquote>
<p>
<b>Q: Is it legal to use such patented algorithms?</b>
-<br>
+<br />
A: Patent laws change wildly between jurisdictions. Besides, even in places where
software patents are recognized, there is serious doubt about the legitimacy of such
legislation. Note that patents on algorithms are illegal in many countries. Plus
the use of patents to prevent the usage of a format or codec on a specific
operating system or together with specific other software might violate
antitrust laws.
+</p>
<p>
<b>Q: Bottom line: Should I be worried about patent issues if I use FFmpeg?</b>
-<br>
+<br />
A: Are you a private user working with FFmpeg for your own personal purposes?
If so, there is remarkably little reason to be concerned. Are you using FFmpeg
in a commercial software product? Read on to the next question...
+</p>
<p>
<b>Q: Since FFmpeg is licensed under the LGPL, is it perfectly alright to
incorporate the whole FFmpeg core into my own commercial product?</b>
-<br>
+<br />
A: You might have a problem here. Sure, the LGPL allows you to incorporate the
code. However, there have been cases where companies have
used FFmpeg in their projects, usually for such capabilities as superior
@@ -110,20 +125,22 @@
make money from certain technologies, the alleged owners of the technologies
will come after their protection money. Most notably, MPEG-LA (licensing authority) is
vigilant and diligent about collecting for MPEG-related technologies.
+</p>
<p>
<b>Q: You called the patent license fee protection money, is this a joke?</b>
-<br>
+<br />
A: No. The legal validity of these patents is highly questionable. Still in
many current legal systems it is very easy to ruin a company with patents
even if the patents are invalid. Paying the (small) license fee is much cheaper
than a patent lawsuit during which you would not be able to sell your product
as the patent would be valid until you win the lawsuit 5+ years in the future.
That is assuming you did not go bankrupt in the meantime...
+</p>
<p>
<b>Q: Can I be safe if I have paid my protection money.</b>
-<br>
+<br />
A: You can never be safe as long as your country recognizes software
patents as valid. There are companies that own many patents, pay and
cross-license for other companies patents, but even such companies are
@@ -133,3 +150,4 @@
Of course none of this is related to you using FFmpeg or another codec
implementation. If you want to be safe the only option is not to touch
any software at all.
+</p>
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