license question

Hi,

I have a question about the GPL license on XViD. I broke my head already on the license itself, the FAQ from GNU and the different questions about this in the forum, but I'm still in the dark. Since the forum doesn't allow new subscribers, I'm asking here.

We produce a closed-source software based on Directshow, in which we (among many other things) decode video coming from external devices (cameras) for further image processing. As far as I can understand, if we use XViD to decode MPEG-4, but we dynamically build a directshow graph so that it selects "a" MPEG-4 decoder filter (which just happens to be XViD if this is the one installed), then this is considered as just using XViD and not as integration. In this case, we don't have to GPL our product. 
If on the other hand we explicitely use the XViD filter in the graph, we have produced a derived product and we have to use GPL. Is this correct?

Supposing that my analysis above is correct and we don't GPL our product, I have another question about distribution. We have an installable software, but also an out-of-the-box solution for the professional market, which consists of a PC with pre-installed OS and all necessary software. Suppose that we want to deliver the XViD filter pre-installed too. Would this be a problem? Of course, all source code etc would be included on the PC. Would we fall in any way under GPL, or is a pre-installed PC considered to be just another transmission medium like a CD-ROM?
Also, is it enough that the software supports a choice of filter, or do you have to give this choice explicitely to the user, in order not to be considered a derived product?

Thanks a lot for your help. Legal stuff really isn't my strong point :-(

PS: a small technical question as the cherry on the cake ;-) Do you have an idea of the DEcoding performance (fps depending on the resolution) of the codec? We're decoding multiple streams concurrently and so performance is quite an issue for us. Thanks!

Best regards,
Stijn 


  _____  

ir. Stijn Schuermans	
Product manager	
Quadrox NV <http://www.quadrox.be/> 	
Duigemhofstraat 101	
B-3020 Herent	
Belgium	
Tel:	 +32 (16) 58 25 85	
Fax:	 +32 (16) 58 25 86	
GSM:	 +32 (479) 62 53 69	
e-mail	 [email protected]	
web	 http://www.webcctv.com <http://www.webcctv.com/> 	

This e-mail and its attachments may contain confidential information. It is intended solely for the use of the addressee(s) named herein. Any use of the information contained herein by other persons is prohibited. If you have received this e-mail by mistake, please immediately notify the sender and permanently delete the original as well as any copy thereof. Quadrox NV does not accept any liability for the contents of this e-mail and its attachments.

_______________________________________________
XviD-users mailing list
[email protected]
http://list.xvid.org/mailman/listinfo/xvid-users