Gentoo Archives: gentoo-dev

From: Jon Lech Johansen <jon@××××××××.net>
To: gentoo-dev@g.o
Subject: Re: [gentoo-dev] avifile ebuild requires divx4linux and win32codecs on x86
Date: Sun, 27 Apr 2003 23:49:45
Message-Id: 20030428014312.A19656@nanocrew.net
1 On Sat, Apr 26, 2003 at 07:23:52AM +0200, Tony Clark (tclark@×××××.com) wrote:
2 > These are 2 different things.
3 > 1. Copywrite has been claimed.
4 > 2. The copywrite holder has the right to determine if and how any
5 > reproduction can be made.
6 > No argument with either of these, except where an included license conflicted
7 > with other laws of the land in question. In Australia you can region code a
8 > DVD all you want but I believe now, you are not allowed to sell a dvd player
9 > that supports region coding. Australia's fair use laws override parts of the
10 > license pertaining to region coding thus rendering region coding illegal in
11 > priciple there. Australia is a member of both bodies you mentioned below.
12
13 Region coding is not covered by any WIPO treaties or conventions which
14 Australia is a signatory to.
15
16 A quick search did not reveal any news articles supporting your view
17 that region coding is currently illegal in Australia, only that it's
18 being (or was) investigated by the ACCC as a possible violation of the
19 Trade Practices Act (not fair use laws):
20
21 http://linuxtoday.com/news_story.php3?ltsn=2001-03-28-002-04-PS-CY
22
23 Anyway, how is this relevant to the win32 codecs distribution issue?
24
25 > Both the WIPO and Berne convention leave a number of things to be determined
26 > by members. eg "Mod chips" can be sold, purchased and used legally in
27 > Australia, in the USA and UK selling such devices is illegal. In the USA
28 > using such a device is illegal. Don't know about the UK.
29
30 Mod chips are not covered by any WIPO treaties or conventions which
31 Australia is a signatory to. Circumvention devices are covered by the
32 WIPO Copyright Treaty. WCT is the basis for EUCD, which the UK has not
33 yet implemented:
34
35 http://www.patent.gov.uk/copy/notices/copy_direct2.htm
36
37 The law applied in Sony v. Channel Technology was Copyright, Designs and
38 Patents Act 1988.
39
40 I don't see how this is relevant either.
41
42 > I had a quick read of the Berne Convention and I didn't notice anything that
43 > supports your view on "Requiring copywrite..." I didn't read it all, just
44 > the articals that I thought may include such a statement, so could you point
45 > me to the relevant artical.
46
47 Article 5(2).
48
49 > > How about a "css" USE keyword for closed source software?
50 > Why? It doesn't address anything technical, just a personal perference maybe.
51 Doesn't address anything technical? We'll have to agree to disagree on this
52 one.
53
54 > I do know where your coming from and you have my support on that issue. I
55 > believe where legal areas are grey, it's better to not to emphesise them by
56 > bringing special notice to the fact they are grey. This only makes people
57 > want to seek black or white clarification which is nice if it concludes that
58 > what your doing is ok but hell and undefendable if it isn't.
59
60 I haven't pointed out any grey areas. What are you talking about?
61
62 The legal issue at hand is very simple:
63
64 The mplayer project (and Gentoo mirrors) is distributing win32 codecs
65 which are copyrighted by Microsoft, Apple and others. Which license
66 agreements permit this distribution?
67
68 --
69 Jon Lech Johansen
70 jon@××××××××××.org
71 nanocrew.net/blog/
72
73 Stat sua cuique dies, breve et inreparabile tempus
74 omnibus est vitae; sed famam extendere factis,
75 hoc virtutis opus.
76
77 --
78 gentoo-dev@g.o mailing list

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