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[Freeciv-Dev] Re: MP3 Patent Issues
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To: Sam BC <sambc@xxxxxxxxxxxxxxxxxxx>
Cc: Freeciv Development Mailing List <freeciv-dev@xxxxxxxxxxx>
Subject: [Freeciv-Dev] Re: MP3 Patent Issues
From: Tomasz Wegrzanowski <maniek@xxxxxxxx>
Date: Tue, 27 Jun 2000 13:19:42 +0200

What I know about legaleese around mp3's :

Facts:

1. Some ENencoding ALGORITHMs are patented in both US and EU.
2. DEcoding is NOT patented.
3. Munich Convention point 52.2 says :
   "Computer Programs are not patentable"
4. I know nothing about situation in Far East.
5. I am not a lawyer.

Details:

Official (EUC or EPO, don't remember) Interpretation for 3. is :
  "Computer Programs affected by patents in any way"

Decoding will be always free, because people decoded >1 year ago.
So they can't patent NOW, and didn't BEFORE.

In Europe, MP3 encoding patents are PROBABLY still valid
but apply only for HARDware ENcoders.
But I doubt HARDware ENcoders uses the same algorithms.

On Mon, Jun 26, 2000 at 10:16:06PM +0100, Sam BC wrote:
> oh, and forgot to say, unless things have suddenly gotten worse then the
> situation *should* only apply to encoding software, and probably not to
> decoders, although there are still some specific points of contest regarding
> specific software (no idea  which)
> 
> 
> SamBC
> 
> > -----Original Message-----
> > From: freeciv-dev-bounce@xxxxxxxxxxx
> > [mailto:freeciv-dev-bounce@xxxxxxxxxxx]On Behalf Of Sam BC
> > Sent: 26 June 2000 22:05
> > To: Freeciv Development Mailing List
> > Subject: [Freeciv-Dev] MP3 Patent Issues
> >
> >
> > I have been investigating the patent issues surrounding MP3
> > encoding/decoding, and although definite answers seem hard to find, this
> > seems to be the general situation:
> >
> > 1) There is a legal situation regarding patents on MP3 encoding/decoding
> >
> > 2) This situation is as yet unresolved, as there is contests regarding the
> > public domain nature of the standard definitions. It is not likely to be
> > resolved for some time due to legal hurdles.
> >
> > 3) The situation is only relevant to coders active in America (although
> > vending/distributing may cause conflicts). An operation entirely contained
> > within, for example, Europe, and many other jurisdictions, are entirely
> > unaffected
> >
> > That's just my attempt to distil the info. I may be wrong, but I am
> > completely confident on the  last point. The second point is more
> > likely to
> > be incorrect, but it was gathered from various sources.
> >
> > Hope that helps.



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