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"J.D." wrote:
> 
> Tom Stokes wrote:
> >
> > I'd like to put the .exe on my WEB site for awhile mostly just for the
> > subscribers to this
> > mailing list. Would this cause any problems with the various GPL
> > license agreements (both LAME and
> > MPGLIB)? I'd like to put up the .DLL as well (screw Thomson). Would
> > this cause any
> > additional problems for the LAME or MPGLIB developers? I must admit,
> > I'm having
> > trouble understanding what the GPL and LPGL agreements cover in this
> > case. However,
> > I will be making any and all source code available.
> >
> 
> If you'd like to keep things really simple, just release the whole
> collection of source code under the LGPL or the GPL (your choice).
> 
> Please note that disrespect for Thomson only has the potential to
> hurt the developers of LAME, MPGLIB, or other MP3 applications.
> 
> Thomson's current policy appears to allow the use of MP3 without
> royalties, as long as it does not generate monetary income.
> Should Thomson make royalty-free distribution impossible, the
> "liberty or death" clause of the GPL/LGPL applies, and everyone
> loses the right to distribute the code in question.
> 
> Note that normally GPL or LGPL code may be sold for a profit.
> (Typically, the price reflects the cost of the media,
> distribution, and associated overhead.)  However, with MP3, anyone
> charging a fee invokes royalties, that in turn kills the GPL/LGPL.
> While, this effect is implicit, you might choose to explicitly
> state that no fee can be charged for your software as long as
> the patents last or Thomson requires royalties for sales.
> 
> There is a grey area, in that both the GPL and LGPL state,
> "You may charge a fee...", but the GPL or LGPL do not make clear
> whether the license still holds if charging a fee invokes a
> condition that invalidates the license.  To clarify this issue,
> I suspect that a developer's license may have to include a clause
> that takes precedence over the GPL or LGPL, that prohibits the
> sale of the work for a fee, except when or where charging a fee
> does not violate the distribution terms of either the GPL or LGPL.
> 
> I'll CC this message to the FSF, in the hope of gaining additional
> insight.
> 
> Kind regards,
> 
> - John
> 
> --
> The author disclaims any errors or omissions found in the
> approximation of reality contained within this message.
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-- 
David Balazic
--------------
"Be excellent to each other." - Bill S. Preston, Esq., & "Ted" Theodore Logan
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