[Ambassadors] Legal Stuff Regarding Non-Free/Query

[Rahul Sundaram]

Siddharth Upmanyu wrote:
> Hi Folks
> I was going a little confused in this Non-Free and OSS mixup... to 
> explain my problem take a look at this small case-study..
> 
> Fact : Mp3 decoding is not legal without paying royalty fees (in some 
> countries)...
> 
> Case : XYZ installs FedoraCore (100% OSS Guaranteed :-) ) and installs 
> his fav MP3 player from say Yum or RPM download or...
> 
> Now is it illegal to :
> 1. Write an MP3 (decoder which is available for free download) player
> 2 Use this MP3 Player
> 3. <if i missed anything>

IANAL but the situation is a bit complex and would require understanding 
of several concepts. Software can be protected via three things

1) Copyright license
2) Trademarks
3) Patents

For a short discourse on how they differ you can hear it from a actual 
lawyer.

http://www.redhat.com/magazine/007may05/features/ip/

In a region which recognized and allows software patents like in US, you 
can have a entirely Free and open source software and still be 
restricted by patents.  In such regions MP3 as a technology has 
restrictions. Writing a software that infringes on a patent should be ok 
as long as you dont redistribute it to a third party with appropriate 
patent licenses.  Even when you do have patent licenses you might be 
infrigning on other similar patents for the same technology.

http://www.oreillynet.com/digitalmedia/blog/2007/02/microsoft_must_pay_in_mp3_laws.html

Using a MP3 player is restricted or allowed depending on whether it is 
commercial or private use.  In India or other regions which dont 
recognize software patents either of these activities are completely legal.

Rahul