Re: x264 for Debian

2006-03-03 Thread Måns Rullgård
Mike Hommey [EMAIL PROTECTED] writes:

 On Thu, Mar 02, 2006 at 08:39:32PM -0500, Arc Riley [EMAIL PROTECTED] wrote:
  I'm not saying the patent issue should be ignored.  It just strikes me
  as silly to even start comparing Theora with H.264.
 
 Certain graphic artists would say the same of GIMP vs Photoshop, or compare 
 their favorite music application with the numerous GNU/Linux offerings, or 
 even 3d Studio Max/Bryce/Poser/etc vs Blender.
 
 There are free alternatives.  They may or may not be considered
 acceptable for specific applications, but this doesn't change that
 proprietary software is proprietary and is, thus, not DFSG-free.

 For the sake of correctness, please stop linking H264 with
 prioprietary. The fact is the software is *free* as in speech. It
 being patent encumbered doesn't make it proprietary. It still is
 free as in speech in those countries that don't have such patents.

The spec is also available free of charge.

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Re: x264 for Debian

2006-03-03 Thread Francesco Poli
On Thu, 2 Mar 2006 20:39:32 -0500 Arc Riley wrote:

 On Fri, Mar 03, 2006 at 12:09:39AM +, M?ns Rullg?rd wrote:
[...]
  The patent situation is unfortunate.  Nevertheless, the H.264 codec
  is being adopted by broadcasters throughout the world.  For good or
  bad, the codec is here to stay for a while.
 
 I'm not arguing that.  Broadcasters are implementing any number of
 proprietary  methods.  They are a direct threat to software freedom
 and need to be  boycotted by the free software community.  To do
 otherwise is to put ourselves  in a legally disadventagous position
 while further supporting those who seek  to promote proprietary
 software.

Another 100 % agreement!

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Re: x264 for Debian

2006-03-03 Thread Francesco Poli
On Thu, 2 Mar 2006 18:01:55 -0500 Arc Riley wrote:

 On Thu, Mar 02, 2006 at 10:45:12PM +, M?ns Rullg?rd wrote:
[...]
  That said, VP3/Theora can hardly compare with H.264 in terms of
  coding efficiency.  There really is no viable alternative in some
  situations. Microsoft's WMV9/VC1 comes close but I'm sure it has
  every bit as non-free licensing terms.
 
 This argument has nothing to do with the freeness of it, or it's
 compliance to  the DFSG, but instead seems to be arguing that it's
 patent status should be  ignored because it's superiority over free
 codecs makes it OK to ignore the  ethical concerns over it.
 
 This is the same argument used to promote the nvidia binary drivers.
 Something being useful is not a valid argument to ignore it's
 proprietary  nature.  This is what non-free exists for.

100 % agreement.

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Re: x264 for Debian

2006-03-02 Thread David Liontooth

Are there objections to including the new H.264 encoder in Debian?
For details, see bug 354667 (request for packaging).

Debian maintainer Christian Marillat currently maintains an unofficial
package, and we would like your advice on whether this GPL'd codec meets
the DFSG.

Christian Marillat wrote:

David Liontooth [EMAIL PROTECTED] writes:
  

Would you consider packaging x264 for Debian?  My experience with your
unofficial packages has been excellent on both x86 and amd64. Even
though the library is still labeled in early development, it appears
to be mature enough to be clearly useful. I have for instance used
ffmpeg in conjunction with your unofficial x264-bin to encode video for
streaming with VLC and obtained impressive results.

Since the code is GPL there should be no legal obstacles.


The source code in GPL but I don't know if the codec meet the DFSG.
  

David Liontooth



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Re: x264 for Debian

2006-03-02 Thread Arc Riley
On Thu, Mar 02, 2006 at 01:26:56PM -0800, David Liontooth wrote:
 
 Are there objections to including the new H.264 encoder in Debian?
 For details, see bug 354667 (request for packaging).
 
 Debian maintainer Christian Marillat currently maintains an unofficial
 package, and we would like your advice on whether this GPL'd codec meets
 the DFSG.

Theres a difference between the code and the codec.

The codec has dozens of different corporations holding patents over it, who 
will try to extract royalties for it in countries where those patents are 
upheld (ie, USA), and giving it this is free because it's GPL hurts truely 
patent-clear codecs such as VP3.2/Theora from being recognised as such.


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Re: x264 for Debian

2006-03-02 Thread Måns Rullgård
Arc Riley [EMAIL PROTECTED] writes:

 On Thu, Mar 02, 2006 at 01:26:56PM -0800, David Liontooth wrote:
 
 Are there objections to including the new H.264 encoder in Debian?
 For details, see bug 354667 (request for packaging).
 
 Debian maintainer Christian Marillat currently maintains an unofficial
 package, and we would like your advice on whether this GPL'd codec meets
 the DFSG.

 Theres a difference between the code and the codec.

 The codec has dozens of different corporations holding patents over
 it, who will try to extract royalties for it in countries where
 those patents are upheld (ie, USA), and giving it this is free
 because it's GPL hurts truely patent-clear codecs such as
 VP3.2/Theora from being recognised as such.

VP3/Theora is all but free of patents.  On2 has granted unlimited free
use of the patents they hold relevant to VP3.  There are almost
certainly other patents that could be construed to cover VP3 as well.
It is a good gesture nonetheless.

That said, VP3/Theora can hardly compare with H.264 in terms of coding
efficiency.  There really is no viable alternative in some situations.
Microsoft's WMV9/VC1 comes close but I'm sure it has every bit as
non-free licensing terms.

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[EMAIL PROTECTED]


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Re: x264 for Debian

2006-03-02 Thread Arc Riley
On Thu, Mar 02, 2006 at 10:45:12PM +, M?ns Rullg?rd wrote:
 
  The codec has dozens of different corporations holding patents over
  it, who will try to extract royalties for it in countries where
  those patents are upheld (ie, USA), and giving it this is free
  because it's GPL hurts truely patent-clear codecs such as
  VP3.2/Theora from being recognised as such.
 
 VP3/Theora is all but free of patents.  On2 has granted unlimited free
 use of the patents they hold relevant to VP3.  There are almost
 certainly other patents that could be construed to cover VP3 as well.
 It is a good gesture nonetheless.

I didn't say patent-free, I said patent-clear.  On2 has put a license on it 
which allows it to be used for any purpose and disclaims any right to restrict 
it's use or charge royalties.  This is the patent version of the BSD license.

The dozens of corporations holding patents over H.264/MPEG-4 have not made 
such a release, and are activly seeking royalties.  We don't even know yet 
what those royalties will be since those corporations are still fighting 
amoung each other over how to divy up the bounty from the combined patent 
portfolio.  Regardless of the result, it is not patent-clear, will not be 
patent-clear, and will suffer worse bashlash as the free MP3 encoders did.

The GPL specifically forbids redistribution when the liberties granted by the 
GPL are limited or restricted by patents/etc.  To distribute this software on 
any US-based server is, thus, in violation of the GPL.
 

 That said, VP3/Theora can hardly compare with H.264 in terms of coding
 efficiency.  There really is no viable alternative in some situations.
 Microsoft's WMV9/VC1 comes close but I'm sure it has every bit as
 non-free licensing terms.

This argument has nothing to do with the freeness of it, or it's compliance to 
the DFSG, but instead seems to be arguing that it's patent status should be 
ignored because it's superiority over free codecs makes it OK to ignore the 
ethical concerns over it.

This is the same argument used to promote the nvidia binary drivers.
Something being useful is not a valid argument to ignore it's proprietary 
nature.  This is what non-free exists for.


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Re: x264 for Debian

2006-03-02 Thread Måns Rullgård
Arc Riley [EMAIL PROTECTED] writes:

 On Thu, Mar 02, 2006 at 10:45:12PM +, M?ns Rullg?rd wrote:
 
  The codec has dozens of different corporations holding patents over
  it, who will try to extract royalties for it in countries where
  those patents are upheld (ie, USA), and giving it this is free
  because it's GPL hurts truely patent-clear codecs such as
  VP3.2/Theora from being recognised as such.
 
 VP3/Theora is all but free of patents.  On2 has granted unlimited free
 use of the patents they hold relevant to VP3.  There are almost
 certainly other patents that could be construed to cover VP3 as well.
 It is a good gesture nonetheless.

 I didn't say patent-free, I said patent-clear.  On2 has put a
 license on it which allows it to be used for any purpose and
 disclaims any right to restrict it's use or charge royalties.  This
 is the patent version of the BSD license.

Sure, On2 has allowed free use of *its* patents relating to VP3.  That
doesn't mean that some obscure company will pop up out of nowhere with
a bunch of patents they claim *also* apply to VP3, and that On2 has
been infringing all along.  Something like that happened with JPEG not
too long ago.

 The dozens of corporations holding patents over H.264/MPEG-4 have
 not made such a release, and are activly seeking royalties.  We
 don't even know yet what those royalties will be since those
 corporations are still fighting amoung each other over how to divy
 up the bounty from the combined patent portfolio.  Regardless of the
 result, it is not patent-clear, will not be patent-clear, and will
 suffer worse bashlash as the free MP3 encoders did.

The patent situation is unfortunate.  Nevertheless, the H.264 codec is
being adopted by broadcasters throughout the world.  For good or bad,
the codec is here to stay for a while.

 The GPL specifically forbids redistribution when the liberties
 granted by the GPL are limited or restricted by patents/etc.  To
 distribute this software on any US-based server is, thus, in
 violation of the GPL.

I won't argue about that.

 That said, VP3/Theora can hardly compare with H.264 in terms of coding
 efficiency.  There really is no viable alternative in some situations.
 Microsoft's WMV9/VC1 comes close but I'm sure it has every bit as
 non-free licensing terms.

 This argument has nothing to do with the freeness of it, or it's
 compliance to the DFSG, but instead seems to be arguing that it's
 patent status should be ignored because it's superiority over free
 codecs makes it OK to ignore the ethical concerns over it.

I'm not saying the patent issue should be ignored.  It just strikes me
as silly to even start comparing Theora with H.264.  If you need HD
content encoded at 4Mbps, H.264 is the only codec that is capable.
Likewise, SD content at 500kbps is impossible with other codecs.  It
doesn't matter how free something is when it is useless for the
required application.

I'm not saying that Theora is useless per se.  It is adequate for some
applications.  They are just not the ones where H.264 would normally
be considered.

This is all off-topic for debian-legal, so I won't pursue the argument
further (unless someone says something really silly).

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Re: x264 for Debian

2006-03-02 Thread Arc Riley
On Fri, Mar 03, 2006 at 12:09:39AM +, M?ns Rullg?rd wrote:
 
 Sure, On2 has allowed free use of *its* patents relating to VP3.  That
 doesn't mean that some obscure company will pop up out of nowhere with
 a bunch of patents they claim *also* apply to VP3, and that On2 has
 been infringing all along. Something like that happened with JPEG not
 too long ago.

This argument has been made.  It's response from lawyers is that, unlike On2's 
VP3.2, JPEG was believed to be patent-FREE.  This opens the way for someone to 
claim that their generic patent applies.

On2's VP3.2 patents have held undisputed for many years now.  The base methods 
have clear prior use (huffman tables, MDCT, etc), nobody has disputed them, 
and since On2's more recent codecs (VP5, VP6, etc) are based on VP3.2 it would 
serve someone well to dispute it if they thought they could.

There's a big difference, also, between someone could dispute it and 
many people have patents covering it specifically and are seeking royalties.  

Someone could argue that the compression method used by bzip2 is patented and 
try to seek royalties, but this could doesn't trigger the problem in the 
GPL, that clause is only triggered when someone is activly legally persuing 
royalties or other restrictions on use or distribution.

Nobody has, or is, persuing royalties on On2's VP3.2.  All known patents which 
apply have been disclaimed.  It is, thus, patent-clear and DFSG-free.


 The patent situation is unfortunate.  Nevertheless, the H.264 codec is
 being adopted by broadcasters throughout the world.  For good or bad,
 the codec is here to stay for a while.

I'm not arguing that.  Broadcasters are implementing any number of proprietary 
methods.  They are a direct threat to software freedom and need to be 
boycotted by the free software community.  To do otherwise is to put ourselves 
in a legally disadventagous position while further supporting those who seek 
to promote proprietary software.

 
 I'm not saying the patent issue should be ignored.  It just strikes me
 as silly to even start comparing Theora with H.264.

Certain graphic artists would say the same of GIMP vs Photoshop, or compare 
their favorite music application with the numerous GNU/Linux offerings, or 
even 3d Studio Max/Bryce/Poser/etc vs Blender.

There are free alternatives.  They may or may not be considered acceptable for 
specific applications, but this doesn't change that proprietary software is 
proprietary and is, thus, not DFSG-free.


 This is all off-topic for debian-legal, so I won't pursue the argument
 further (unless someone says something really silly).

Not really.  Wether something is acceptable for inclusion in the debian free 
package pool for license and patent reasons is exactly what this list is for.


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Re: x264 for Debian

2006-03-02 Thread Mike Hommey
On Thu, Mar 02, 2006 at 08:39:32PM -0500, Arc Riley [EMAIL PROTECTED] wrote:
  I'm not saying the patent issue should be ignored.  It just strikes me
  as silly to even start comparing Theora with H.264.
 
 Certain graphic artists would say the same of GIMP vs Photoshop, or compare 
 their favorite music application with the numerous GNU/Linux offerings, or 
 even 3d Studio Max/Bryce/Poser/etc vs Blender.
 
 There are free alternatives.  They may or may not be considered acceptable 
 for 
 specific applications, but this doesn't change that proprietary software is 
 proprietary and is, thus, not DFSG-free.

For the sake of correctness, please stop linking H264 with prioprietary. The
fact is the software is *free* as in speech. It being patent encumbered
doesn't make it proprietary. It still is free as in speech in those
countries that don't have such patents.


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