Google Chrome's Inclusion of FFMpeg Vs. the LGPL
An anonymous reader writes "Google has recently added FFMpeg to Chrome to better support HTML5's video element. FFMpeg is licensed under LGPL 2.1, which states that 'if a patent license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library.' Google admits to having obtained a patent license for their use, but still claims they are not violating LGPL. Among the confused we find Håkon Wium Lie and Miguel de Icaza, who wonders what FSF might say. Google doesn't feel like asking FSF for clarification."
if a patent license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library
See that word "if"? The patent license permits royalty-free redistribution of the Library... so it's not an issue.
Similarly, we've heard nothing from the authors of the Library - you know, the copyright owners, the only ones who have any legal standing? So maybe the peanut gallery should shut the hell up already.
How we know is more important than what we know.
They are distributing the library under the terms of the LGPL with no additional restrictions and so are complying fully with the license. Whether or not they are violating their patent license by doing so is their problem.
The situation this clause of the LGPL is aimed at is one wherein Google would be obligated by their patent license to require that everyone they distributed the program to sign a patent sublicensing agreement that took away rights granted by the LGPL.
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On the other hand, DannyB is an intellectual property lawyer, and you aren't. Furthermore, "the ffmpeg folks" would include "any contributor to ffmpeg", so your point is moot.
It is unhelpful to a lot of people, probably. But writing software to follow the particularly idiotic US law in this regard ends up being unhelpful for way more people. Reflect on the fact that the whole US population is, in a global perspective, only a very loud minority...
It matters what patents exist. If it is the position of the FFMpeg authors that the patent license that Google has obtained is actually required for royalty-free distribution, then nobody can redistribute FFMpeg at all.
Reflect on the fact that the whole US population is, in a global perspective, only a very loud minority with an extremely large economic footprint.
When you look at it from that angle, the population figures become much less relevant to the discussion.
For a commercial organisation maybe, but for open-source programmers in Europe no way. They will not say "I won't implement this interesting and useful codec because people in the USA might have legal problems using it" any more than Zimmermann would have said "I won't produce PGP because it may cause legal problems for people in France using it".