[x264-devel] use of x264 "within ffmpeg" in a non GPL application [legal]?

[edgar.soldin at web.de]

On 20.11.2012 18:59, edgar.soldin at web.de wrote:
> On 20.11.2012 17:47, Roger Pack wrote:
>> I've gotten this question a few times:
>>
>> If somebody is building a proprietary app, which uses "ffmpeg.exe"
>> underneath (for example for streaming), where ffmpeg was compiled with
>> --enable-gpl and includes x264:  What's your take on this? Should it
>> be "allowed" license wise?
>>
> 
> the proprietary code is not allowed to link gpl code. starting a compiled gpl binary "under the hood" is not considered linking or creating a 'derivative work' as gpl calls it.
> 
> distributing it to a second party (end-customer) with the proprietary software is no problem as well as long as the sources are shipped with or offered to access easily.
> 
> modifying and using the software within the same company actually allows you to keep any modifications to the gpl code, no need to publish them, because the open source part is not distributed to others, which the same right as you had to the full source. 
> 

of course this does not touch the subject of patent royalties. x264 code e.g. contains code that makes use of patented algorithms which have to be licensed like explained here
http://www.zdnet.com/blog/bott/a-closer-look-at-the-costs-and-fine-print-of-h-264-licenses/2884
for commercial use (e.g. software distribution or bd encoding).

..ede