[xiph-commits] r18551 - in websites/opus-codec.org: . license

gmaxwell at svn.xiph.org gmaxwell at svn.xiph.org
Tue Aug 21 17:50:38 PDT 2012


Author: gmaxwell
Date: 2012-08-21 17:50:37 -0700 (Tue, 21 Aug 2012)
New Revision: 18551

Added:
   websites/opus-codec.org/license/
   websites/opus-codec.org/license/32px-check.png
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   websites/opus-codec.org/license/index.shtml.en
Removed:
   websites/opus-codec.org/contact/
Log:
first cut at a license page

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--- websites/opus-codec.org/license/index.shtml.en	                        (rev 0)
+++ websites/opus-codec.org/license/index.shtml.en	2012-08-22 00:50:37 UTC (rev 18551)
@@ -0,0 +1,399 @@
+<!--#include virtual="/ssi/header.include" -->
+<!--#include virtual="/ssi/contentheader.include" -->
+
+<h1>Opus licensing</h1>
+
+<p>Opus has a freely available specification, a BSD licensed, high-quality reference
+encoder and decoder, and protective, royalty-free licenses for the required patents.
+The copyright and patent licenses for Opus are automatically granted to everyone and
+do not require application or approval.</p>
+
+<br/>
+<div style="background-color: #CCCCFF;-moz-border-radius: 15px;border-radius: 15px;padding:1em;max-width:550px;margin-left:auto; margin-right:auto;">
+<table style="list-style-type: none;font-size:125%;border:0;text-align:justify;">
+<tr><td colspan=2 style="border-bottom:solid 1px;"><b>In brief:</b><div style="text-align:right;float:right;">&nbsp;&nbsp;<small><i>(see <a href="#details">below</a> for details)</i></small></span></td></tr>
+<tr><td><span style="color:green;font-size:150%"><img src="32px-check.png" alt="&#x2714;" width=32 height=32/></span></td><td><b>You can encode or decode Opus-compatible streams for any purpose at no cost.</b></td></tr>
+<tr><td><span style="color:green;font-size:150%"><img src="32px-check.png" alt="&#x2714;" width=32 height=32/></span></td><td><b>You can integrate the reference Opus encoder and decoder in any application, program, or product, even commercially, at no cost.</b></td></tr>
+<tr><td><span style="color:green;font-size:150%"><img src="32px-check.png" alt="&#x2714;" width=32 height=32/></span></td><td><b>You can create your own compatible implementations of the Opus specification and give them away or sell them.</b></td></tr>
+<tr><td><span style="color:red;font-size:150%"><img src="32px-xmark.png" alt="&#x2718;" width=32 height=32/></span></td><td><b>You may <u>not</u> do these things if you engage in Opus-related patent litigation against <u>any</u> user of Opus.</b></td></tr>
+</table>
+</div>
+<br/>
+
+<h1 id="details">Licensing details</h1>
+
+<h2>Copyright</h2>
+
+<h3>Specification</h3>
+
+<p>The specification is freely available as part of <a href="http://tools.ietf.org/html/rfc6716">IETF RFC 6716</a>. The RFC includes the reference implementation, which is available
+under the three-clause BSD license (see below).</p>
+
+<h2>Implementation</h2>
+<p>Both the reference implementation and the revised implementations on opus-codec.org are available under the three-clause BSD license. This BSD license is compatible with all common open source and commercial software licenses.</p>
+
+<blockquote>
+<pre>
+Redistribution and use in source and binary forms, with or without
+modification, are permitted provided that the following conditions
+are met:
+
+- Redistributions of source code must retain the above copyright
+notice, this list of conditions and the following disclaimer.
+
+- Redistributions in binary form must reproduce the above copyright
+notice, this list of conditions and the following disclaimer in the
+documentation and/or other materials provided with the distribution.
+
+- Neither the name of Internet Society, IETF or IETF Trust, nor the 
+names of specific contributors, may be used to endorse or promote
+products derived from this software without specific prior written
+permission.
+
+THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
+``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
+LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
+A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
+OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
+EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
+PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
+PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
+LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
+NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
+SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
+</pre>
+</blockquote>
+
+<h2>Tools</h2>
+
+<p>Most of the command-line Ogg-based tools that are shipped as part of the separate opus-tools package are also released under the three-clause BSD license.
+The only exception is the opusinfo tool, which is released under the GPLv2 license.
+Proprietary software developers wishing to use Opus may copy code from opusenc and opusdec, but they may not
+copy code from the opusinfo tool to build their applications.</p>
+
+<h2>Patents</h2>
+
+<p>Opus is covered by several patents. These
+patents are available under open-source compatible, royalty-free licenses. If you are not trying to attack Opus
+with your patents, you will not have problems with these licenses.</p>
+
+<h2>Xiph.Org Foundation</h2>
+
+<p>The Xiph.Org foundation has several patent applications on techniques used in Opus. When issued, these patents will be automatically available under the terms provided in the below license. The license
+covers the listed patent applications, along with any other patent or application covering Opus that is owned by Xiph.Org.</p>
+
+<div style="float:right;background-color: #CCCCFF;-moz-border-radius: 15px;border-radius: 15px;padding:1em;">
+<b>Xiph.Org</b><br/>Patents/Applications covered
+<ul style="list-style-type: none;margin:0;padding:0.5em 0 0 0.5em;">
+   <li>US 61/284,154</li>
+   <li>US 61/450,041</li>
+   <li>US 61/450,053</li>
+   <li>US 61/450,060</li>
+   <li>and any other applicable</li>
+</ul>
+</div>
+
+<blockquote>
+<pre>
+License Grant. Xiph.Org Foundation (“Xiph”) hereby grants to you a
+perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
+(except as stated in this license) license under Licensed Patents to make,
+have made, use, offer to sell, sell, import, transfer, and otherwise
+run, modify (in a way that still complies with the Specification),
+and reproduce any Implementation.
+
+Definitions. Specification means, and includes the following, both
+individually and collectively, (a) any standard specification of the Opus
+codec adopted by the IETF Codec Working Group (“Standard”) and (b)
+any reference implementation (each, a “Reference Implementation”)
+published by the IETF Codec Working Group in the request for comments
+(“RFC”) issued by the IETF for the Specification draft for which
+this License is issued, or any RFC that is issued as an update or new
+version thereof. An Implementation means any Reference Implementation,
+or another implementation that complies with the Specification. Licensed
+Patents means all patents currently owned by Xiph or acquired hereafter
+that Xiph has the right to license as set forth above and that are
+necessarily infringed by the Specification, where “necessarily
+infringed” means: in the case of (a) above, there is no commercially
+viable means of implementing the Specification without infringing such
+patent; in the case of (b) above, use of the reference implementation
+to the extent it infringes such patent.
+
+Termination. If you, directly or indirectly via controlled affiliate
+or subsidiary, agent, or exclusive licensee, file a Claim for patent
+infringement against any entity alleging that an Implementation in whole
+or in part constitutes direct or contributory patent infringement,
+or inducement of patent infringement (a “Claim”), provided that
+a Reference Implementation also infringes the patents asserted in the
+Claim, then any patent rights granted to you under this License shall
+automatically terminate retroactively as of the date you first received
+the grant. Claims made against an Implementation in part will only trigger
+termination if the Implementation in part was done for the purpose of
+combining it with other technology that complies with the Specification
+so that the technology’s ultimate use will be consistent with the
+Standard as a whole.
+</pre>
+This license is also filed on the
+<a href="https://datatracker.ietf.org/ipr/1524/">IETF site</a>
+</blockquote>
+
+<h2>Broadcom</h2>
+
+<p>Broadcom has both issued patents and outstanding applications covering Opus. These are available under the same license as the Xiph.Org patents. The license
+covers the listed patents and patent applications, along with any other patent or application covering Opus that is owned by Broadcom.</p>
+
+<div style="float:right;background-color: #CCCCFF;-moz-border-radius: 15px;border-radius: 15px;padding:1em;">
+<b>Broadcom</b><br/>Patents/Applications covered
+<ul style="list-style-type: none;margin:0;padding:0.5em 0 0 0.5em;">
+   <li>US 61/406,106</li>
+   <li>US 61/394,842</li>
+   <li>US 7,353,168</li>
+   <li>and any other applicable</li>
+</ul>
+</div>
+
+<blockquote>
+<pre>
+License Grant. Broadcom Corporation (“Broadcom”) hereby grants to
+you a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
+irrevocable (except as stated in this license) license under Licensed
+Patents to make, have made, use, offer to sell, sell, import, transfer,
+and otherwise run, modify (in a way that still complies with the
+Specification), and reproduce any Implementation.
+
+Definitions. Specification means, and includes the following, both
+individually and collectively, (a) any standard specification of the Opus
+codec adopted by the IETF Codec Working Group (“Standard”) and (b)
+any reference implementation (each, a “Reference Implementation”)
+published by the IETF Codec Working Group in the request for comments
+(“RFC”) issued by the IETF for the Specification draft for which this
+License is issued, or any RFC that is issued as an update or new version
+thereof. An Implementation means any Reference Implementation, or another
+implementation that complies with the Specification. Licensed Patents
+means all patents currently owned by Broadcom or acquired hereafter
+that Broadcom has the right to license as set forth above and that
+are necessarily infringed by the Specification, where “necessarily
+infringed” means: in the case of (a) above, there is no commercially
+viable means of implementing the Specification without infringing such
+patent; in the case of (b) above, use of the reference implementation
+to the extent it infringes such patent.
+
+Termination. If you, directly or indirectly via controlled affiliate
+or subsidiary, agent, or exclusive licensee, file a Claim for patent
+infringement against any entity alleging that an Implementation in whole
+or in part constitutes direct or contributory patent infringement,
+or inducement of patent infringement (a “Claim”), provided that
+a Reference Implementation also infringes the patents asserted in the
+Claim, then any patent rights granted to you under this License shall
+automatically terminate retroactively as of the date you first received
+the grant.  Claims made against an Implementation in part will only
+trigger termination if the Implementation in part was done for the
+purpose of combining it with other technology that complies with the
+Specification so that the technology’s ultimate use will be consistent
+with the Standard as a whole.
+</pre>
+This license is also filed on the
+<a href="https://datatracker.ietf.org/ipr/1526/">IETF site</a>
+</blockquote>
+
+<h2>Microsoft</h2>
+
+<p>Microsoft acquired patents and applications related to Opus through their purchase of Skype. These patents (and any other Microsoft might have had) are available
+under a different, but still royalty-free, license detailed below. The license
+covers the listed patent applications, along with any other patent or application covering Opus that is owned by Microsoft.</p>
+
+<div style="float:right;background-color: #CCCCFF;-moz-border-radius: 15px;border-radius: 15px;padding:1em;">
+<b>Microsoft</b><br/>Patents/Applications covered
+<ul style="list-style-type: none;margin:0;padding:0.5em 0 0 0.5em;">
+   <li>US-2008-0201137-A1</li>
+   <li>US-2010-0174535-A1</li>
+   <li>US-2010-0174534-A1</li>
+   <li>US-2010-0174547-A1</li>
+   <li>US-2010-0174532-A1</li>
+   <li>US-2010-0174537-A1</li>
+   <li>US-2010-0174542-A1</li>
+   <li>US-2010-0174531-A1</li>
+   <li>US-2010-0174541-A1</li>
+   <li>US-2010-0174538-A1</li>
+   <li>US-2011-0077940-A1</li>
+   <li>and any other applicable</li>
+</ul>
+</div>
+
+<blockquote>
+<pre>
+Microsoft Patent Terms for draft-ietf-codec-opus-10 Date: 1-25-12
+
+1. Patent Promise.
+
+1.1. Patent Promise Grant. Subject to all the terms and conditions of
+this Agreement, I make the following promises:
+
+1.1.1. Decoder Patent Promise. I, on behalf of myself and my successors
+in interest and assigns, irrevocably promise not to assert my Necessary
+Decoder Claims against you for your Decoder Implementation, subject to the
+following. This is a personal promise directly from me to you, and you
+acknowledge as a condition of benefiting from it that no rights from me
+are received from suppliers, distributors, or otherwise in connection with
+this promise. This promise also applies to your making, using, selling,
+offering for sale, importing or distributing an implementation of any
+subsequent version of the Decoder Specification published by the IETF
+Codec Working Group 1) only to the extent that it implements the Decoder
+Specification, and 2) so long as all required portions of the Decoder
+Specification are implemented. This promise does not extend to any portion
+of a subsequent version of the Decoder Specification published by the IETF
+Codec Working Group that was not included in the Decoder Specification.
+
+1.1.2. Encoder Patent Promise. I, on behalf of myself and my successors
+in interest and assigns, irrevocably promise not to assert my Necessary
+Encoder Claims against you for your Encoder Implementation, subject
+to the following. This is a personal promise directly from me to you,
+and you acknowledge as a condition of benefiting from it that no rights
+from me are received from suppliers, distributors, or otherwise in
+connection with this promise. This promise also applies to your making,
+using, selling, offering for sale, importing or distributing an Encoder
+Implementation that also produces a bitstream that can be decoded by any
+subsequent version of the Decoder Specification published by the IETF
+Codec Working Group only to the extent that the Encoder Implementation
+produces a bitstream that can be decoded by a Decoder Implementation. This
+promise does not extend to any portion of an Encoder Implementation that
+is not included in the Reference Implementation.
+
+1.2. Conditions.
+
+1.2.1. Availability. If you have Necessary Decoder Claims or
+Necessary Encoder Claims, the promises set forth in Section 1 will
+become effective starting on the date that you make your Necessary
+Decoder Claims available, via a publicly available written statement,
+to all implementers for Decoder Implementations and your Necessary
+Encoder Claims available, via a publicly available written statement,
+to all implementers for Encoder Implementations on reasonable and
+non-discriminatory royalty-free licensing terms. The promises set forth
+in Section 1 will remain in effect so long as you continue to make such
+claims available for Decoder Implementations and Encoder Implementations
+under reasonable and non-discriminatory royalty-free licensing terms.
+
+1.2.2. Additional Conditions. This promise is not an assurance (i)
+that any of my issued patent claims covers a Decoder Implementation or
+an Encoder Implementation or are enforceable or (ii) that a Decoder
+Implementation or an Encoder Implementation would not infringe
+intellectual property rights of any third party. Notwithstanding the
+personal nature of my promise, this promise is intended to be binding
+on any future owner, assignee or exclusive licensee who has been given
+the right to enforce any Necessary Claims against third parties.
+
+1.3. Termination. All rights, grants, and promises made by me to you
+under Section 1 are immediately terminated if you or your agent file,
+maintain, or voluntarily participate in a lawsuit against me or any person
+or entity asserting that its Decoder Implementation infringes Necessary
+Decoder Claims or its Encoder Implementation infringes Necessary Encoder
+Claims, unless that suit was in response to a corresponding suit regarding
+a Decoder Implementation or Encoder Implementation first brought against
+you. In addition, all rights, grants, and promises made by me to you under
+Section 1 are terminated if you or your agent seek to license Necessary
+Decoder Claims for Decoder Implementations or Necessary Encoder Claims
+for Encoder Implementations on a royalty-bearing basis. This Agreement may
+also be terminated, including back to the date of non-compliance, because
+of non-compliance with any other term or condition of this Agreement.
+
+1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United
+States Bankruptcy Code and any equivalent law in any foreign jurisdiction,
+this promise will be treated as if it were a license and you may elect to
+retain your rights under this promise if I (or any owner of any patents
+or patent applications referenced herein), as a debtor in possession,
+or a bankruptcy trustee, reject this non-assert.
+
+2. Patent License Commitment. On behalf of me and my successors in
+interest and assigns, I agree to offer alternative reasonable and
+non-discriminatory royalty-bearing licensing terms 1) to my Necessary
+Decoder Claims solely for your Decoder Implementation and 2) to my
+Necessary Encoder Claims solely for your Encoder Implementation.
+
+3. Past Skype Declarations. You may, at your option, continue to rely
+on the terms set forth in Skype’s past declarations made to IETF for
+the Opus Audio Codec, subject to the terms of those declarations and in
+lieu of the terms of this Agreement solely for the patents set forth in
+those declarations.
+
+4. Good Faith Obligation. I agree that I have not and will not knowingly
+take any action for the purpose of circumventing my obligations under
+this Agreement.
+
+5. Disclaimers. I expressly disclaim any warranties (express, implied,
+or otherwise), including implied warranties of merchantability,
+non-infringement, fitness for a particular purpose, or title, related to
+the Decoder Specification or Reference Implementation. The entire risk
+as to implementing or otherwise using the Decoder Specification, Decoder
+Implementation, Reference Implementation, or Encoder Implementation is
+assumed by the implementer and user. IN NO EVENT WILL ANY PARTY BE LIABLE
+TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL,
+INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES
+OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED
+ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND
+WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
+SUCH DAMAGE. All of my obligations under Section 1 and 2 regarding the
+transfer, successors in interest, or assignment of Necessary Claims will
+be satisfied if I notify the transferee or assignee of any patent that
+I know contains Necessary Decoder Claims or Necessary Encoder Claims
+of the obligations under Sections 1 and 2. Nothing in this Agreement
+requires me to undertake a patent search.
+
+6. Definitions.
+
+6.1. Agreement. “Agreement” means this document, which sets forth
+the rights, grants, promises, limitations, conditions, obligations,
+and disclaimers made available for the particular Specification.
+
+6.2. Control. “Control” means direct or indirect control of more
+than 50% of the voting power to elect directors of that corporation,
+or for any other entity, the power to direct management of such entity.
+
+6.3. Decoder Implementation. “Decoder Implementation” means making,
+using, selling, offering for sale, importing or distributing any
+conformant implementation of the Decoder Specification 1) only to the
+extent it implements the Decoder Specification and 2) so long as all
+required portions of the Decoder Specification are implemented.
+
+6.4. Decoder Specification. “Specification” means
+draft-ietf-codec-opus-10 specification.
+
+6.5. Encoder Implementation. “Encoder Implementation” means making,
+using, selling, offering for sale, importing or distributing a 1) software
+implementation that produces a bitstream that can be decoded by a Decoder
+Implementation, and 2) where the purpose of the Encoder Implementation
+is to produce a bitstream for decoding by a Decoder Implementation.
+
+6.6. I, Me, or My. “I,” “me,” or “my” refers to the party
+making this declaration, and any entity that I Control.
+
+6.7. Necessary Decoder Claims. “Necessary Claims” are those patent
+claims that a party owns or controls, including those claims acquired
+after the date of this declaration, that are necessary to implement the
+required portions (including the required elements of optional portions)
+of the Decoder Specification that are described in detail and not merely
+referenced in the Specification.
+
+6.8. Necessary Encoder Claims. “Necessary Encoder Claims” are those
+patent claims that a party owns or controls, including those claims
+acquired after the date of this declaration, that are necessarily
+infringed by the Reference Implementation.
+
+6.9. Reference Implementation. “Reference Implementation” means the
+reference encoder version in draft-ietf-codec-opus-10 as published by
+the IETF Codec Working Group as of October 31, 2011.
+
+6.10. You or Your. “You,” “you,” or “your” means any person
+or entity who exercises patent rights granted under this Agreement,
+and any person or entity you Control.
+
+------------------------------------------------------
+
+Attribution: This patent grant is based on the
+Open Web Foundation Agreement 0.9, available at
+http://www.openwebfoundation.org/legal/the-0-9-agreements---necessary-claims/agreement-09.
+</pre>
+This license is also filed on the
+<a href="https://datatracker.ietf.org/ipr/1670/">IETF site</a>
+</blockquote>
+
+<!--#include virtual="/ssi/footer.include" -->
\ No newline at end of file



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