2016-06-04 06:40:14 +00:00
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short-description: Patents, Licenses and legal F.A.Q.
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...
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2016-05-27 02:21:04 +00:00
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# Legal information
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2016-05-16 14:30:34 +00:00
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# Installer, default installation
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The installer (Microsoft Windows and MacOSX) and the default
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installation (GNU/Linux) contain and install the minimal default
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installation. At install time or later, the downloading of optional
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components is also possible, but read on for certain legal cautions you
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might want to take. All downloads are from the
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[freedesktop.org](http://freedesktop.org) website.
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# Licensing of SDK
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Gstreamer SDK minimal default installation only contains packages which
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are licensed under the [GNU LGPL license
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v2.1](http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). This
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license gives you the Freedom to use, modify, make copies of the
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software either in the original or in a modified form, provided that the
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software you redistribute is licensed under the same licensing terms.
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This only extends to the software itself and modified versions of it,
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but you are free to link the LGPL software as a library used by other
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software under whichever license. In other words, it is a weak copyleft
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license.
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Therefore, it is possible to use the SDK to build applications that are
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then distributed under a different license, including a proprietary one,
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provided that reverse engineering is not prohibited for debugging
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modifications purposes. Only the pieces of the SDK that are under the
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LGPL need to be kept under the LGPL, and the corresponding source code
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must be distributed along with the application (or an irrevocable offer
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to do so for at least three years from distribution). Please consult
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section 6 of the
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[LGPL](http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html) for
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further details as to what the corresponding source code must contain.
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Some portions of the minimal default installation may be under
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different licenses, which are both more liberal than the LGPL (they are
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less strict conditions for granting the license) and compatible with the
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LGPL. This is advised locally.
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# Optional packages
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There are two types of optional packages (GPL and Patented), which are
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under a different license or have other issues concerning patentability
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(or both).
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### GPL code
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Part of the optional packages are under the GNU GPL
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[v2](http://www.gnu.org/licenses/old-licenses/gpl-2.0.html) or
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[v3](http://www.gnu.org/licenses/gpl-3.0.html). This means that you
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cannot link the GPL software in a program unless the same program is
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also under the GPL, but you are invited to seek competent advice on how
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this works in your precise case and design choices. GPL is called
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“strong copyleft” because the condition to distributed under the same
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license has the largest possible scope and extends to all derivative
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works.
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### Patents
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Certain software, and in particular software that implements
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multimedia standard formats such as Mp3, MPEG 2 video and audio, h.264,
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MPEG 4 audio and video, AC3, etc, can have patent issues. In certain
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countries patents are granted on software and even software-only
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solution are by and large considered patentable and are patented (such
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as in the United States). In certain others, patents on pure software
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solutions are formally prohibited, but granted (this is the case of
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Europe), and in others again are neither allowed nor granted.
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It is up to you to make sure that in the countries where the SDK is
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used, products are made using it and product are distributed, a license
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from the applicable patent holders is required or not. Receiving the SDK
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– or links to other downloadable software – does not provide any license
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expressed or implied over these patents, except in very limited
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conditions where the license so provides. No representation is made.
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In certain cases, the optional packages are distributed only as source
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code. It is up to the receiver to make sure that in the applicable
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circumstances compiling the same code for a given platform or
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distributing the object code is not an act that infringes one or more
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patents.
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# Software is as-is
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All software and the entire SDK is provided as-is, without any
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warranty whatsoever. The individual licenses have particular language
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disclaiming liability: we invite you to read all of them. Should you
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need a warranty on the fact that software works as intended or have any
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kind of indemnification, you have the option to subscribe a software
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maintenance agreement with a company or entity that is in that business.
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Fluendo and Collabora, as well as some other companies, provide software
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maintenance agreements under certain conditions, you are invited to
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contact them in order to receive further details and discuss of the
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commercial terms.
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# Data protection
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This website might use cookies and HTTP logs for statistical analysis
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and on an aggregate basis only.
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# Frequently Asked Questions
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#### What licenses are there?
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The SDK containst software under various licenses. See above.
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#### How does this relate to the packaging system?
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The packaging is only a more convenient way to install software and
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decide what's good for you. GStreamer is meant to be modular, making use
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of different modules, or plugins, that perform different activities.
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We provide some of them by default. Others are provided as an additional
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download, should you elect to do so. You could do the same by finding
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and downloading the same packages for your own platform. So it is
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entirely up to you to decide what to do.
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Also, we note that SDK elements are divided into different packages,
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roughly following the licensing conditions attached to the same. For
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instance, the codecs-gpl package contains GPL licensed codecs. All the
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packages installed by default, conversely, are licensed under the LGPL
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or a more liberal license. This division is provided only for ease of
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reference, but we cannot guarantee that our selection is 100% correct,
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so it is up to the user to verify the actual licensing conditions before
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distributing works that utilize the SDK.
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#### Can I / must I distribute the SDK along with my application?
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You surely can. All software is Free/Open Source software, and can be
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distributed freely. You are not **required** to distribute it. Only, be
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reminded that one of the conditions for you to use software under
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certain licenses to make a work containing such software, is that you
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also distribute the complete source code of the original code (or of the
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modified code, if you have modified it). There are alternative ways to
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comply with this obligation, some of them do not require any actual
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distribution of source code, but since the SDK contains the entire
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source code, you might want to include it (or the directories containing
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the source code) with your application as a safe way to comply with this
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requirement of the license.
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#### What happens when I modify the GStreamer SDK's source code?
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You are invited to do so, as the licenses (unless you are dealing with
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proprietary bits, but in that case you will not find the corresponding
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source code) so permit. Be reminded though that in that case you need to
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also provide the complete corresponding source code (and to preserve the
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same license, of course). You might also consider to push your
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modifications upstream, so that they are merged into the main branch of
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development if they are worth it and will be maintained by the GStreamer
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project and not by you individually. We invite you not to fork the code,
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if at all
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possible.
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#### How does licensing relate to software patents? What about software patents in general?
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This is a tricky question. We believe software patents should not exist,
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so that by distributing and using software on a general purpose machine
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you would not violate any of them. But the inconvenient truth is that
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they do exist.
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Software patents are widely available in the USA. Despite they are
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formally prohibited in the European Union, they indeed are granted by
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the thousand by the European Patent Office, and also some national
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patent offices follow the same path. In other countries they are not
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available.
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Since patent protection is a national state-granted monopoly,
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distributing software that violates patents in a given country could be
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entirely safe if done in another country. Fair use exceptions also
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exist. So we cannot advice you whether the software we provide would be
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considered violating patents in your country or in any other country,
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but that can be said for virtually all kinds of sofware. Only, since we
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deal with audio-video standards, and these standards are by and large
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designed to use certain patented technologies, it is common wisdom that
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the pieces of software that implement these standards are sensitive in
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this respect.
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This is why GStreamer has taken a modular approach, so that you can use
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a Free plugins or a proprietary, patent royalty bearing, plugin for a
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given standard.
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#### What about static vs. dynamic linking and copyleft?
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We cannot provide one single answer to that question. Since copyright in
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software works as copyright in literature, static linking means
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basically that the programmer includes bits of code of the original
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library in the bytecode at compile time. This amounts to make derivative
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code of the library without conceivable exceptions, so you need a
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permission from the copyright holders of the library to do this.
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A widespread line of thinking says that dynamic linking is conversely
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not relevant to the copyleft effect, since the mingling of code in a
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larger work is done at runtime. However, another equally authoritative
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line of thought says that only certain type of dynamic linking is not
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copyright relevant. Therefore, using a library that is specifically
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designed to be loaded into a particular kind of software, even through
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API, requires permission by the copyright holder of the library when
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the two pieces are distributed together.
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In all cases, since most of the software we include in the SDK is under
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the LGPL, this permission is granted once for all, subject to compliance
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with the conditions set out by it. Therefore, the problem only arises
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when you want to use GPL libraries to make non-GPL applications, and you
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need to audit your software in that case to make sure that what you do
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is not an infringement. This is why we have put the GPL libraries in a
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separate set of optional components, so you have a clearer view of what
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is safely clear for use, and what might need better investigation on a
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case-by-case basis.
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Please be reminded that even for LGPL, the recipient of the software
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must be in a position to replace the current library with a modified
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one, and to that effect some conditions apply, among which that for
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static linking you must also provide the complete toolchain required to
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relink the library (“any data and utility programs needed for
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reproducing the executable from it”, except the “major components”) and
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that the license of the conditions of the resulting program must allow
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decompilation to debug modifications to the library.
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