-- snip --
Had the patch been against the actual g729 libraries the case would have been clear. Now, the patch is against asterisk to make it interoperate with the g729 libarary and this may or may not be non-infringing. However, the distribution of the g729 libraries themselves are almost certainly infringing. There is also the possibility that the patch to asterisk may be ruled a contribuatory infringement.
-- snip --
The patch is not against Asterisk - it is against Intel's sample code.
No parts of Asterisk are modified in order to run this code. Nor am I requesting that Asterisk be modified in any way to support this.
The code produced by running the build script is a shared library that can be added to Asterisk. The shared library could be used independently of Asterisk, and Asterisk can still be used without the shared library.
It is completely optional whether people choose to integrate this code with Asterisk. However, I understand that it probably can't be added to the main distribution and I am happy to continue making it available in source form as an add-on module for those who would like to evaluate it. I certainly never expected that it would be adopted as an official inclusion in Asterisk, and I certainly won't take offence if it isn't.
The relevent terms from Intel's license are below. (B) says that I have the right to modify the source code and (C) says that I can combine portions of the sample source into a product and then distribute the resulting application.
B. Subject to all of the terms and conditions of this Agreement, Intel grants to you a non-exclusive, non-assignable copyright license to modify the Materials, or any portions thereof, that are (i) provided in source code form or, (ii) are defined as Redistributables and are provided in text form.
C. Subject to all of the terms and conditions of this Agreement, Intel grants to you a non-exclusive, non-assignable copyright license to distribute (except under an Evaluation License as specified below) the Redistributables and Sample Source, or any portions thereof, as part of the product or application you developed using the Materials.
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