dann wrote:The whole media codec thing can get very confusing. Slackware includes libmad which is licensed under the GPL for non-commercial use. The libmad website offers a commercial version of libmad for a cost.
First of all, Dann, I'd like you clarify "non-commercial use", because you can absolutely sell GPLed software, it's a mistake to classify proprietary use as the only kind of commercial use of free software.
Also, if you make a program using Trolltech's Qt, you can absolutely sell it as long as the program is GPLed, if you use Qt under the BSD license you could release it under say the BSD license (Kubuntu's crappy, I'm sorry but this UI is just a disaster, Adept package manager is released under the BSD license, as the author uses Qt under the QPL he can do so).
dann wrote:So now does this relate to the gpl? Well, you can dual license software it seems. Trolltech does it with qt. QT is released under the gpl for the non-commercial, oss version.
The copyright holder can dual-license his software, in fact, Qt is actually triple-licensed (QPL/GPL/Commercial)!
dann wrote:The novell guys were saying that the problem with media players is that they are all licensed under the GPL, which poses a problem for all non-gpl codecs; legally no dsitro can distribute non-gpl'd codecs with the players. Where mp3 falls into this I do not know; again, like qt libmad is under gpl for non-commercial use.
Banshee is not under the gpl so they can include the software in the non-free repository. Non-free being non-gpl; not necessarily commercial or closed. Since there are absolutely no restrictions on Banshee you can link any codecs you want. At least that is my understanding.
Now you're leaving the entire patent minefield outta the conversation, but let's for the sake of argument say that software patents don't exist for a few minutes. Again, you can't link non-free code to GPLed code, my prime example is that you can't make a proprietary program with Trolltech's Qt, since Trolltech has released Qt under two free/open licenses (GPL and QPL), you use it as GPLed software if you wanna write say a GPLed app for KDE, how about a free software Photoshop clone? If you wanna write a KDE that's licensed under the BSD license you need to use Qt under the QPL, as the GPL doesn't allow a "derivative work" to be released under a different license.
So, if no country had software patents and Novell wanted to include as good multimedia playback in SLED as possible, then they could take all the free software codecs, or free software implementations, they can find like a52dec, faad, faac, mad, etc. etc. and use those, and there wouldn't be any problem because you're not linking non-free code to GPLed code, you're in pretty much every case, linking free code to free code, and that's perfectly legit in the eye of the GPL.
The Windows Media codecs would not fit into this picture, because that's an issue of copyright and not patents in this case where we leave software patents outta the conversation. And those are proprietary anyway, as they're actually Windows binary .dll files that MPlayer and Xine can use because they use a little DLL loader from the Wine project, which is a very cleaver trick.
dann wrote:So it comes down to it being that since slackware can include qt, then; because it is under the same type of license, they can include libmad. Could they get in trouble? I am not sure. The responsibility of the license I suspect falls on the user then, just as it does with qt.
Oh dude, if Fraunhofer wanted to, they could sue Patrick Volkerding outta existence (This is me exaggerating a little in the moment of paranoia).
Because by distributing the mad library, he's basically infringing on their patents, plus the GPL will automatically give permission for anybody receiving the software to use those patents under GPL, although this last thing is kinda eliminated as Fraunhofer don't do the GPL MP3 plugin of any kind so they are the only ones who can grant permissions to use the technology that their patents cover. Also the GPL is incompatible with the license you can get from Fraunhofer, after you've paid the price I mentioned in an earlier post, because it says "free use" and Fraunhofer restricts usage.
dann wrote:Why do other distros not include mad? Perhaps they do not want any confusion or do not want to skirt the grey area.
They do it to avoid being sued into oblivion by Fraunhofer.