LWN.net Logo

This is the wrong approach...

This is the wrong approach...

Posted Nov 6, 2007 15:51 UTC (Tue) by jfj (guest, #37917)
In reply to: This is the wrong approach... by skvidal
Parent article: Codec Buddy in Fedora 8

Right!

Also, there is the misinformation in this article that the *user* is illegal and may go to
jail or something. Illegal (according to US courts) is the one who is selling mp3 encoders in
the US (and parts of the world) without having paid patent fees. Patent problems are cofused
with copyright infrigment. I do not believe that linking to ffmpeg is a patent violation like
linking to pirated content is copyright infigment. And probably fedora's lawyers could argue
that they are not even selling mp3 encoders, simply distributing free software and selling
support.

Someone can get the impression that Fedora is either pushed in the corner with the recent
Novell deals, or in it for some kind of profit.


(Log in to post comments)

This is the wrong approach...

Posted Nov 6, 2007 16:00 UTC (Tue) by skvidal (subscriber, #3094) [Link]

It has nothing to do with selling anything. It only has to do with distribution. Also the user
is not in danger of any kind but if fedora distributed anything covered under those patents
then red hat could get sued into oblivion and then the user would lose his/her vendor of the
fedora linux distribution.

-sv

This is the wrong approach...

Posted Nov 7, 2007 22:27 UTC (Wed) by DonDiego (subscriber, #24141) [Link]

This however, is not what the warning text printed by CodecBuddy implies. It sounds as if the
*user* needed a patent license. This is simply not true. The problems are strictly Fedora's,
no end user is being harmed nor saved from any kind of harm by being deprived of codec
support.

This is the wrong approach...

Posted Nov 10, 2007 12:31 UTC (Sat) by cortana (subscriber, #24596) [Link]

Are you sure about that?

From Joe Shaw's blog:

http://www.law.cornell.edu/patent/35uscs271.html

U.S. Patent Act

..Part III. Patents and Protection of Patent Rights

….Chapt. 28. Infringement of Patents

“Except as otherwise provided in this title [35 USCS Sects. 1 et seq.], whoever without authority makes, uses or sells any patented invention, within the United States during the term of the patent therefor, infringes the patent.”

Copyright © 2008, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds