Originally posted by jwilliams
View Post
The issue with h.264 is not the copyright license under which implementations are released - there are several freely-licensed h.264 encoders and decoders, like ffmpeg, as you noted - but the fact that the compression techniques used by the h.264 standard are heavily patented, and there is a body which is very active in enforcement of those patents (MPEG-LA).
You're not going to get sued for copyright infringement by the ffmpeg developers if you re-distribute the ffmpeg source code. But you may well get sued for patent infringement by MPEG-LA if you re-distribute ffmpeg binaries (the status of source code with regard to patent law is an...interesting topic). Effectively, patent-encumbered free software is no longer free, because you cannot exercise the freedom to redistribute it which the copyright license attempts to grant you.
It's possible to pay for a patent license in a way which allows software freedom to be properly exercised, and some patent holders are actually willing to do this; companies like Red Hat (for whom I work) have done such deals from time to time. It requires the patent holder to grant a perpetual, non-conditional, irrevocable and inheritable license to the patent - a license of a form which allows all the redistribution rights that are usually associated with F/OSS to be exercised.
But the more typical form of patent license, and the form MPEG-LA requires for the codecs it controls patent rights to, is fundamentally incompatible with free software. In these licenses, some body pays for the right to distribute software which uses a patented technique - but that right is not inherited by those to whom the software is distributed. When you buy a copy of Windows, Microsoft pays for a patent license for you for various formats covered by MPEG-LA patents - but that license doesn't include the right for you pass it on. If you copy your copy of Windows and give it to someone else, aside from both of you infringing Microsoft's copyright, you're infringing MPEG-LA's patent. Obviously, this kind of licensing just doesn't work for free software.
Comment