On Sun, 2010-05-30 at 15:01 +0200, Reinhard Tartler wrote:
> Package: gstreamer0.10-plugins-bad
> Version: 0.10.18.3-2
> Severity: serious
> 
> From the changelog:
> 
>  gst-plugins-bad0.10 (0.10.18.3-2) unstable; urgency=low
>  .
>    * debian/build-deps.in,
>      debian/gstreamer-plugins-bad.install:
>      + Enable and ship the VP8 encoder/decoder plugin.
> 
> Quoting from its copyright statement:
> 
> http://packages.debian.org/changelogs/pool/main/g/gst-plugins-bad0.10/gst-plugins-bad0.10_0.10.18.3-2/gstreamer0.10-plugins-bad.copyright
> 
> ,----
> | Copyright:
> | 
> |     This package is free software; you can redistribute it and/or
> |     modify it under the terms of the GNU Lesser General Public
> |     License as published by the Free Software Foundation; either
> |     version 2 of the License, or (at your option) any later version.
> `----
> 
> However, libvpx copyright:
> 
> http://packages.debian.org/changelogs/pool/main/libv/libvpx/libvpx_0.9.0-5/libvpx0.copyright
> 
> ,----
> | License:
> | 
> |   For everything not listed below:
> |     All rights reserved.
> | 
> |     Redistribution and use in source and binary forms, with or without
> |     modification, are permitted provided that the following conditions
> |     are met:
> | 
> |     - Redistributions of source code must retain the above copyright
> |       notice, this list of conditions and the following disclaimer.
> | 
> |     - Redistributions in binary form must reproduce the above
> |       copyright notice, this list of conditions and the following
> |       disclaimer in the documentation and/or other materials provided
> |       with the distribution.
> | 
> |     - Neither the name of Google nor the names of its contributors may
> |       be used to endorse or promote products derived from this software
> |       without specific prior written permission.
> | 
> |     THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
> |     "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
> |     LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
> |     FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
> |     COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
> |     INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
> |     BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
> |     LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
> |     CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
> |     LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
> |     ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
> |     POSSIBILITY OF SUCH DAMAGE.
> |  
> |     Subject to the terms and conditions of the above License, Google
> |     hereby grants to You a perpetual, worldwide, non-exclusive,
> |     no-charge, royalty-free, irrevocable (except as stated in this
> |     section) patent license to make, have made, use, offer to sell,
> |     sell, import, and otherwise transfer this implementation of VP8,
> |     where such license applies only to those patent claims, both
> |     currently owned by Google and acquired in the future, licensable by
> |     Google that are necessarily infringed by this implementation of
> |     VP8. If You or your agent or exclusive licensee institute or order
> |     or agree to the institution of patent litigation against any entity
> |     (including a cross-claim or counterclaim in a lawsuit) alleging that
> |     this implementation of VP8 or any code incorporated within this
> |     implementation of VP8 constitutes direct or contributory patent
> |     infringement, or inducement of patent infringement, then any rights
> |     granted to You under this License for this implementation of VP8
> |     shall terminate as of the date such litigation is filed.
> `----
> 
> These additional restrictions are additional restrictions imposed on the
> gstreamer package, which is forbidden by LGPL §10.

I'm not 100% sure that your analysis is correct. First of all, note that
the situation in gst-plugins-bad is as follows: there's a small plugin
that links to libvpx. It's all in the libgstvp8.so file. The plugin code
is LGPL and it's only loaded at runtime if necessary (and I agree that
GPL applications must not load it but that's their problem. LGPL
applications or applications with totem's exception clause are fine).

Now, if someone sues someone because of patents that relate to VP8 he
would loose the right to use or distribute libvpx. Fine. He wouldn't
loose the right to modify, distribute, etc the GStreamer VP8 plugin
though, he just can't use or distribute it together with libvpx anymore.
For example he could take the plugin sources and create a new GStreamer
plugin from it, that decodes Theora videos with libtheora.

The LGPL talks about "this library", and "this library" libgstvp8.so is
not related to libvpx in a way that adds additional restrictions to
libgstvp8.so.


I'll keep this bug open and at this severity to let other people allow
to discuss this problem and prevent testing migration a bit until we
found a conclusion.


(Just for the record, if necessary I, as copyright holder of the VP8
plugin sources, would be fine with licensing the VP8 plugin under a BSD
license. And I guess the single other copyright holder would be fine
with this too. Then there really shouldn't be anything to discuss here
anymore... but as said above, I don't think this is necessary)

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