Posted by: Anonymous
[ip: 192.107.26.131]
on August 15, 2008 06:17 PM
[QUOTE]Who owns the codec? If it's Open Source, I do[/QUOTE]
Well, the legal issue doesn't really concern who owns the code. The legal issue concerns what the code does. In other words, implements a patented algorithm. Now, algorithms, mathematical formulae and software (which consists of both) can't be patented in some jurisdictions. If you happen to live in such a jurisdiction, you would be right - you can legally decode your media using software that you legally own.
However, if you happen to live in a jurisdiction that allows and enforces patents on algorithms, mathematical formulae and software, then you have a legal problem. The code - regardless of ownership - violates such a patent and is therefore illegal.
Of course, patent owners generally want popularity - that's how they can make tons of money - so they won't generally go after end-users (who are automatically potential consumers). However, no commercial entity - which most patent owners would qualify as - is entirely predictable. As such, commercial patent owners can - and have, in the past - go after the authors of the software that implements the decoding algorithm, and sometimes also after end-users.
It is always wise to be on the "right" side of the legal fence. Having said that, what one does with one's personal equipment is pretty much personal and any means of extracting information that can work as evidence against a person can very well be viewed as invasions of privacy under most jurisdictions.
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Re: Fluendo not stupendo...
Posted by: Anonymous [ip: 192.107.26.131] on August 15, 2008 06:17 PMWell, the legal issue doesn't really concern who owns the code. The legal issue concerns what the code does. In other words, implements a patented algorithm. Now, algorithms, mathematical formulae and software (which consists of both) can't be patented in some jurisdictions. If you happen to live in such a jurisdiction, you would be right - you can legally decode your media using software that you legally own.
However, if you happen to live in a jurisdiction that allows and enforces patents on algorithms, mathematical formulae and software, then you have a legal problem. The code - regardless of ownership - violates such a patent and is therefore illegal.
Of course, patent owners generally want popularity - that's how they can make tons of money - so they won't generally go after end-users (who are automatically potential consumers). However, no commercial entity - which most patent owners would qualify as - is entirely predictable. As such, commercial patent owners can - and have, in the past - go after the authors of the software that implements the decoding algorithm, and sometimes also after end-users.
It is always wise to be on the "right" side of the legal fence. Having said that, what one does with one's personal equipment is pretty much personal and any means of extracting information that can work as evidence against a person can very well be viewed as invasions of privacy under most jurisdictions.
It is a legal tight-rope.
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