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This isn't as complicated as this thread has made it out to be. Look at it from the perspective of a(n American) company that wants to distribute a product with
by 0x09 13y ago
This isn't as complicated as this thread has made it out to be. Look at it from the perspective of a(n American) company that wants to distribute a product with kvazaar. They are prepared to purchase a distribution license from MPEG-LA for each copy sold (read: distributed), and the terms of that license do not include resale (or redistributed). Any customer redistributing their copy must purchase their own license from MPEG-LA. But they're also beholden to the terms of the GPLv2, which says this:
> 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions.* You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
* Including unlimited redistribution in source or binary form as per sections 1 and 3.
Now there's a problem. Guaranteeing the text of the GPL implicitly allows the user to infringe the patent license, while honoring the patent license violates the guarantee of the GPL. Such a binary becomes completely un-distributable. With permissive licenses that have no such clause, there's nothing preventing Company X from distributing the licensed binary and source and telling the user that if they want to redistribute a binary, to buy a patent license of their own. That's why the BSD license would not pose a problem for distribution in the presence of an extra, more restrictive license such as a patent package.
- jwr 13y agoThis was exactly my point. Many people misunderstand the problem, and as a result are discussing something else.