[M4IF Technotes] RE: Regarding MPEG4 ISO reference C code

[Rob Koenen (M4IF)]

Mihir,
I am afraid that yours is not an accurate summary. In fact, it is probably 
never a good idea to try and reword something that has been carefully
crafted 
to say exactly what it intends to say. I suggest that you contact your legal
department to advise you on how to use the reference sowftware. One thing
I will say: ISO has no requirement on paying royalties, but merely makes
you aware that such a requirement may exist on other grounds.
Rob
> -----Original Message-----
> From: Mody, Mihir [mailto:mihir   ti.com] 
> Sent: Wednesday, June 11, 2023 08:26
> To: 'rob.koenen   m4if.org'; 'Ralph Sperschneider'
> Cc: technotes   lists.m4if.org
> Subject: RE: [M4IF Technotes] RE: Regarding MPEG4 ISO reference C code
> 
> 
> Rob,
> 
> To summerize,If
> * product supports mpeg standard 
> * Vendor of products pay royalty to the patent owners for use of mpeg
> standard 
> then vendor can use the MPEG reference C code 
> 
> Regards,
> Mihir
> 
> 
> -----Original Message-----
> From: Rob Koenen (M4IF) [mailto:rob.koenen   m4if.org]
> Sent: Wednesday, June 11, 2023 8:40 PM
> To: Mody, Mihir; 'Ralph Sperschneider'
> Cc: technotes   lists.m4if.org
> Subject: RE: [M4IF Technotes] RE: Regarding MPEG4 ISO reference C code
> 
> 
> Mihir,
> 
> > The first point sounds fine, since we do conformance testing.
> > Regarding second point, how do you know about patent infrigement?
> > Usually vendor pays royalty when he sells his product to 
> > standard bodies. Is that is not suffice?
> 
> It sounds like you suggest that a vendor usually sells his product
> to standards bodies. That is never the case.
> 
> Maybe you meant to say that an MPEG vendor pays royalties to ISO. 
> Also that is never the case. Royalties are due to patent owners, 
> never to ISO. 
> 
> > Regarding second point, how do you know about patent infrigement?
> 
> You should do your own diligence. The fact that there is a patent
> pool may help. See http://www.m4if.org/patents for more information.
> 
> Regards,
> Rob
> 
> > 
> > Regards,
> > Mihir
> > 
> > -----Original Message-----
> > From: Ralph Sperschneider [mailto:sps   iis.fhg.de]
> > Sent: Wednesday, June 11, 2023 7:07 PM
> > To: Mody, Mihir
> > Cc: 'technotes   lists.m4if.org'
> > Subject: Re: Regarding MPEG4 ISO reference C code
> > 
> > 
> > Mody, Mihir wrote:
> > 
> > > Hi,
> > >  
> > > I am wondering that can anyone use part or whole of MPEG 
> > ISO reference C 
> > > code for commercial purpose? The header in source file have form
> > >  
> > > /*
> > > This software module was originally developed by <FN1> 
> > <LN1> (<CN1>) and 
> > > edited by <FN2> <LN2> (<CN2>), <FN3> <LN3> (<CN3>), ... in 
> > the course of 
> > > development of the <_MPEG standard_>. This software module is an 
> > > implementation of a part of one or more _<MPEG standard_> 
> tools as 
> > > specified by the <_MPEG standard_>. ISO/IEC gives users of 
> > the <_MPEG 
> > > standard_> free license to this software module or 
> > modifications thereof 
> > > for use in hardware or software products claiming 
> > conformance to the 
> > > <_MPEG standard_>. Those intending to use this software module in 
> > > hardware or software products are advised that its use 
> may infringe 
> > > existing patents. The original developer of this software 
> > module and 
> > > his/her company, the subsequent editors and their 
> > companies, and ISO/IEC 
> > > have no liability for use of this software module or 
> modifications 
> > > thereof. Copyright is not released for non <_MPEG 
> > standard_> conforming 
> > > products. <CN1> retains full right to use the code for its 
> > own purpose, 
> > > assign or donate the code to a third party and to inhibit 
> > third parties 
> > > from using the code for non _<MPEG standard_> conforming 
> > products. This 
> > > copyright notice must be included in all copies or 
> > derivative works. 
> > > Copyright Ó 199_".
> > >  
> > > */
> > >  
> > > Regards,
> > > Mihir
> > 
> > 
> > Dear Mihir,
> > 
> > there are two aspects you should be aware of when using the 
> reference
> > software 
> > to build you own products (both are part of the disclaimer as 
> > stated above):
> > 
> > - products have to be MPEG-4 conform
> > 
> > - you might infringe patents rights (to overcome this you 
> > need to license
> >    the appropriate MPEG-4 IP)
> > 
> > Best regards,
> > 
> > Ralph
> > 
> > -- 
> > Dipl.-Ing. Ralph Sperschneider  | Phone: +49 9131 776 344
> > FhG IIS                         | Fax:   +49 9131 776 398
> > Am Wolfsmantel 33               | mailto:sps   iis.fhg.de
> > D 91058 Erlangen                | http://www.iis.fhg.de/amm/
> > 
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