[FFmpeg-devel] Big companies taking advantage of ffmpeg developers

Thu Aug 23 15:27:12 CEST 2007

Michael
Michael Niedermayer wrote:
> Hi
>
> On Thu, Aug 23, 2007 at 02:22:20PM +0200, Crypto wrote:
>   
>> I just wonder why some companies refuse to give credit to you, I 
>> discovered that Viewcast Corporation http://www.viewcast.com have launch 
>> a new version of their main product  Niagara SCX and the only apreciable 
>> advantage is that now they use ffmpeg with out fiving credit to ffmpeg. 
>> It's mroe thier licence is agains the LGPL in some terms.
>>     
>
> which terms?
>   
First they do not give credict as stated on the LGPL and

1.  GRANT OF LICENSE. This EULA grants you a restricted non-exclusive 
license with the following rights: Use and Copy. ViewCast grants to you 
the right to use copies of the ViewCast SOFTWARE PRODUCT. You may make 
copies of the SOFTWARE PRODUCT for backup and archival purposes ONLY.

2.  RESTRICTIONS. You must maintain all copyright notices on all copies 
of the SOFTWARE PRODUCT. You may not distribute copies of the SOFTWARE 
PRODUCT to third parties. You may not reverse engineer, decompile, or 
disassemble the SOFTWARE PRODUCT, except and only to the extent that 
such activity is expressly permitted by applicable law, notwithstanding 
this limitation. You may not rent or lease the SOFTWARE PRODUCT. You may 
permanently transfer all of your rights under this EULA only in 
conjunction with a permanent transfer of your validly licensed copy or 
copies of ViewCast product[s]. You must comply with all applicable laws 
regarding the use of the SOFTWARE PRODUCT.
> do they provide the ffmpeg source code?
>   
Not
> copy of the LGPL?
>   
Not
>
>   
>> I checked on the version 5.1.179.0 and this version isntall the 
>> following components :
>>
>> lame_enc.dll
>> EmLameWrapper.ax
>> ffmpeg.exe --> incompatible with the avcodec version included ask for 
>> avcodec-51.dll
>> avcodec,dll
>> avformat.dll
>> avutil.dll
>>
>> and more
>>
>> You can download a test version from their web site.
>>     
>
> btw, maybe we should use roundup to keep track of license violations, what do
> people think?
> ive definitly lost track of the past ones and that isnt good
>
> btw2, after we know what terms precissely they violate, someone should contact
> them and demand that they comply with the LGPL
>   
their lincense therms
END-USER LICENSE AGREEMENT FOR VIEWCAST

IMPORTANT, READ CAREFULLY. This ViewCast End-User License Agreement 
(EULA) is a legal agreement between you (either as an individual or a 
single entity or corporate entity) and ViewCast Corporation, for the 
software product identified above, which includes computer software and 
associated media and printed materials (if any), and may include online 
or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By 
installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree 
to be bound by the terms of the EULA. If you do not agree to the terms 
of this Agreement, you are not authorized to view or use the SOFTWARE 
PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international 
copyright treaties, as well as other intellectual property laws and 
treaties. The SOFTWARE PRODUCT is licensed, not sold.

1.  GRANT OF LICENSE. This EULA grants you a restricted non-exclusive 
license with the following rights: Use and Copy. ViewCast grants to you 
the right to use copies of the ViewCast SOFTWARE PRODUCT. You may make 
copies of the SOFTWARE PRODUCT for backup and archival purposes ONLY.

2.  RESTRICTIONS. You must maintain all copyright notices on all copies 
of the SOFTWARE PRODUCT. You may not distribute copies of the SOFTWARE 
PRODUCT to third parties. You may not reverse engineer, decompile, or 
disassemble the SOFTWARE PRODUCT, except and only to the extent that 
such activity is expressly permitted by applicable law, notwithstanding 
this limitation. You may not rent or lease the SOFTWARE PRODUCT. You may 
permanently transfer all of your rights under this EULA only in 
conjunction with a permanent transfer of your validly licensed copy or 
copies of ViewCast product[s]. You must comply with all applicable laws 
regarding the use of the SOFTWARE PRODUCT.

3.  TERMINATION. Your rights under the EULA terminate upon the return of 
the SOFTWARE PRODUCT and all copies or upon written termination notice 
from ViewCast, or without prejudice to any other rights, ViewCast may 
terminate this EULA if you fail to comply with the terms and conditions 
of this EULA. In such event, you must destroy all copies of the SOFTWARE 
PRODUCT.

4.  COPYRIGHT. All title and copyright in and to the SOFTWARE PRODUCT 
and any copies thereof are owned by ViewCast or its suppliers. All title 
and intellectual property rights in and to the content which may be 
accessed through use of the SOFTWARE PRODUCT is the property of the 
respective content owner and may be protected by applicable copyright or 
other intellectual property laws and treaties. This EULA grants you no 
rights to use such content.

5.  U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided 
with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government 
is subject to restrictions as set forth in subparagraph [c][1][ii] of 
the Rights in Technical Data and Computer Software clause at DFARS 
252.227-7013 or subparagraphs [c][1] and [2] of the Commercial Computer 
Software Restricted Rights at 48 CFR 52,227-19, as applicable. 
Manufacturer is ViewCast Corporation / 3701 West Plano Parkway, Suite 
300, Plano, TX  75075-7840.

6.  EXPORT RESTRICTIONS. You agree that you will not export or re-export 
the SOFTWARE PRODUCT to any country, corporate entity, person, entity or 
end user subject to U.S.A. export restrictions. Restricted  countries 
currently include, but are not necessarily limited to Cuba, Iran, Iraq, 
Libya, North Korea, Syria and the Federal Republic of Yugoslavia (Serbia 
and Montenegro, UN Protected Areas and areas of Republic of Bosnia and 
Herzegovina under the control of Bosnia Serb forces). You warrant and 
represent that neither the U.S.A. Bureau of Export Administration nor 
any other federal agency has suspended, revoked or denied your export 
privileges.

7.  LIMITED WARRANTY. VIEWCAST WARRANTS THAT THE SOFTWARE WILL PERFORM 
SUBSTANTIALLY ACCORDING TO THE ACCOMPANYING WRITTEN MATERIALS FOR NINETY 
(90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. VIEWCAST DISCLAIMS ALL 
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT 
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 
PARTICULAR PURPOSE) CONCERNING THIS SOFTWARE AND ITS ACCOMPANYING 
WRITTEN MATERIALS. Some jurisdictions do not allow limitations on 
duration of an implied warranty, so the above limitation may not apply 
to you. This limited warranty gives you specific legal rights. You may 
have other rights which vary by jurisdiction.

8.  NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT 
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIEWCAST OR ITS SUPPLIERS 
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR  CONSEQUENTIAL 
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF 
BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF THE 
SOFTWARE PRODUCT, EVEN IF VIEWCAST HAS BEEN ADVISED OF THE POSSIBILITY 
OF SUCH DAMAGES. BECAUSE OF SOME STATES LIMITATION OF LIABILITY FOR 
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY 
TO YOU.

9.  GOVERNING LAW. This EULA is governed by the laws of the State of 
Texas, USA. If, for any reason, a court of competent jurisdiction finds 
any provision, or portion thereof, to be unenforceable, the remainder of 
this License shall continue in full force and effect. If either ViewCast 
or you employs attorneys to enforce any rights arising out of or 
relating to this Agreement, the prevailing party shall be entitled to 
recover reasonable attorneys' fees.

10.  MISCELLANEOUS. Should you have any questions concerning this EULA, 
or if you desire to contact ViewCast for any reason, please contact or 
write: 3701 W. Plano Parkway, Suite 300, Plano, TX  75075-7840.

11.  ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, 
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU 
ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT 
OF AGREEMENT BETWEEN PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR 
AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN 
PARTIES RELATING TO THE USE OF THE SOFTWARE PRODUCT.

Copyright ? 2007 ViewCast Corporation. All rights reserved.
http://www.viewcast.com
ViewCast Corporation
3701 West Plano Parkway, Suite 300
Plano, TX  75075-7840
> [...]
>   
> ------------------------------------------------------------------------
>
> _______________________________________________
> ffmpeg-devel mailing list
> ffmpeg-devel at mplayerhq.hu
> http://lists.mplayerhq.hu/mailman/listinfo/ffmpeg-devel