Re: early review of RH 9 (Shrike)

Gordon Messmer <[email protected]>
Newsgroups gmane.linux.redhat.release.phoebe
Message-ID <[email protected]>
Michael Knepher wrote:
> 
> Here's the gist, as I understand it: the GPL says you can't GPL code
> that's encumbered by patent restrictions that will prevent
> redistribution down the line. The MP3 patents are royalty free for
> software that's distributed free-of-charge, but must be licensed by
> developers who sell their MP3-based software. Thomson has apparently not
> been forthcoming about what it means when, say, XMMS with MP3 code is
> bundled into a retail box with a price tag on it.  If Thomson decides to
> seek royalties from Linux distros, that's a conflict with the GPL
> provision, meaning the MP3 code in XMMS can't legitimately be GPL'd.

It's actually slightly more fundamental than that.  Because the patents 
inhibit your *right* to charge for the software (royalty-free), the GPL 
requires that you not distribute such software.  It doesn't matter 
whether you actually want to excercise that right; because it can not be 
given, you can not redistribute the software under the terms of the GPL.




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