From kristoff.bonne@compaqnet.be  Sun Nov 18 21:07:55 2001
From: kristoff.bonne@compaqnet.be (Kristoff Bonne)
Date: Sun, 18 Nov 2001 22:07:55 +0100 (CET)
Subject: [Patents] patents on ITU-proposals (g.723.1)
In-Reply-To: <6544C6BD4C1DD1119AFC00805F15DA71026A5296@p-geai.rd.francetelecom.fr>
Message-ID: <Pine.LNX.4.30.0111161849420.1369-100000@frigg.belbone.net>

Greetings,


First of all. Sorry for the late reply!


On Thu, 15 Nov 2001, DIETRICH Yann FTRD/VAT/ISS wrote:
> please have a look on this page : http://www.sipro.com/licensing/723.htm
> I do not know that Microsoft has patents on G.723.1. ...
Hmm. I DID already had a look at that page; but -for some reason- I didn't
really notice microsoft wasn't on it.

Well, It looks like I will not be able to "blame it all on microsoft"
this time. ;-)


> ... Pay attention to not
> make any confusion between an hardware or a software implementation
> compliant with G.723.1 which can be the property of Microsoft without any
> obligation to grant license and the essential patents of the G723.1
> standard. ...
Well, it looks like your correct. It looks like the license that came with
these hardware-cards said they only got the right to use it with microsoft
netmeeting.

> ... In the second case, every patent holders have to grant a license
> on fair and reasonable conditions.
OK, I understand; but -if I understand it correctly- this DOES mean the
patent-holder can say that there needs to be a system in-which they get a
patent-fee per item sold.

So, I guess, a 'normal' open-source project (just some code you can
compile to make a 'running' program) is out the question here.
(As this would enable somebody to compile the program itself and could
mean somebody uses the code without paying a patent-fee).

So, how do you solve this?
- Can a project work on a 'stripped down' version that cannot be compiled
into a 'running program' by itself?

- Can you work in a 'closed' group (so not an open mailing-list and open
ftp-server) that develops a module containing the g703.1 codec; but that
is 'sold' (at the price of the patent)?
Membership of this closed group can be open to everybody; is they sign
some sort of 'non disclosure agreement'.


One question to end:
Does one need a license to DEVELOP a piece of code of patented technology?
(I'm not talking about selling it or making it public?)


Cheerio! Kr. Bonne.



