Hi Brent!

On Wed, 03 Oct 2001, Brent Geery wrote:

> On Wed, 3 Oct 2001 14:45:15 +0200, Niklas Matthies <[EMAIL PROTECTED]>
> wrote:
> 
> >On Wed, Oct 03, 2001 at 01:26:59AM +0200, Roel VdB wrote:
> >[···]
> >> I find it appalling and offensive to see a person here shamelessly
> >> post a patch which can only be used to try and "HIDE" the origin of
> >> the high quality mp3 files.
> >[···]
> >> You should look up the concept of open source software development.
> >
> >It's part of the concept of open source (or in particular of the GPL)
> >that anyone is allowed to change the source to fit their wants or needs
> >as long as the original creators are still being credited.

   Sorry but this is not the BSD license. If you use your
modifications publically, then you *must* provide the source
code for your modifications. Thats how the GPL works.



> >If the LAME developers do want to prevent particular changes, they have
> >to put the source code under a different licence that disallows those
> >changes.
> 
> Exactly.  Guys, if you don't like the GPL, go start from scratch
> again, and this time, pick another licensing.  But, LAME (and
> everything based on LAME source)  will forever be free to be modified
> and mangled.  This freedom is one of the reasons why many people have
> freely given of their time to work on LAME.  Do you think LAME would
> be as popular as it is, if it was closed software?

   No, contrary to this belief, all that is needed is to
contact each and everyone of the people ever involved in the
project, to agree for a change of the license. Then of course,
all versions before retain their GPL status, but not those
following. (This procedure can also be used to change GPL
versions or dual/many licensing schemes).


 
> Regarding LAME being "illegal".  No, the "source" is not illegal, but
> binaries are.  If don't you remember, that's the whole reason for
> distributing only the source in the first place.

   Again, "illegal" only depends where you live. And you can be
"illegal" twice because you missed the mp3 license, and you
ignored Lame copyright.

 
> What do you care if some company uses your source and puts it in their
> software application?  Who do you think they would pay royalties to
> anyway?  YOU?  The only person that have a right to go hunting for
> royalties is FhG.

   Royalties are to be paid to the patent holder of the related
technology. However, the third party _source_code_ they used to
create the tool, is a copyrighted work. Yes, GPL uses the
copyright laws. You better visit www.gnu.org asap. The use of
this copyrighted code demands the following of certain
conditions, detailed in the license. If the said software
application was used *in house* (non publically), then, no
problem. Else, they must distribute the source code, period.


 
> Instead, put your egos away, and just be *happy* that LAME is being
> "stolen" by these companies.  The alternative would be them paying for
> some crappy encoder.  Personally, I hope they all "steal" LAME and use
> it.  Sure, they are breaking the GPL, but only because they are not
> distributing the source, NOT because the are removing some lame
> branding in the files (pun intended.)

   Sorry, that would be the BSD license spirit; but thats not
the case here. Developers choosing the GPL license *don't* want
their works stolen and then deployed in public.

> 
> Yes, these are harsh words, but I see just as harsh words coming from
> the other side of the argument.  Hopefully, we can keep the personal
> attack to a minimum, and discuss this matter like rational adults.
> It's only an MP3 encoder guys, so lighten up.  :)


   Please don't mix up things. There are two issues you must be
concerned when using Lame:

1: The patent on mp3 technology
2: The copyright of Lame

   And both are separate issues. Owning the mp3 technology or
having it licensed does not give you the right to bypass Lame
copyright, just as not violiting Lame's copyright won't give
you the license to use mp3 technology.


   If you think Lame is a product of stealing; you are wrong.
Lame history goes like this:

   Dist10 ISO source code was released in public using some
weird conditions. Dist10 was full of bugs, but you could not
fix those and expect them changes commited, or even
acknoledged. (kinda like current Microsoft "shared source"
proposal).

   Anyway a patch (read as, "bunch of text") was made. This
"patch" (i insist, read as "bunch of text") was GPLed. This
patch, which consisted of more and more bug fixes growth bigger
and bigger, yet each contribution to this patch was covered by
the GPL license; while Dist10 had its own rules and remained
untouched.

   Someday the patch growth so big one day, that *if compiled*,
could produce an encoder of its own. Yet, and don't forget
this, big as it is, it has not stopped being "a _copyrighted_
bunch of text code". Even more, it comes with a license, if you
ever work with it, that you must follow. Else you are in
violation of a copyright that belongs to each and everyone of
the people who has worked in this code.

   This is way far than thieves stealing. It is truely an
educational, scientific and even academic effort;
*COPYRIGHTED*, mind you.

   For this reason, just as is wrong to use "mp3 technology"
without paying a license to the patent holder (provided you
live in a country where such "patent holder" is actually a
valid entity to begin with) it is also wrong for some
organization, (_even if they have the mp3 license_) to ignore
the copyright of the "bunch of text" that can be used to
produce an useful tool of their licensed mp3 technology. The
only way you can have access to this copyrighted "bunch of
text", is that you accept the GPL. Else you are in violation of
the copyright, and this has nothing to do with the fact that
you also had or not the license of the mp3 technology.

   Of course that does not mean you could not "inspire" of
GPLed works, but sure, you'll better start from scratch your
own work if you don't agree with the license.


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