[xiph-commits] r18703 - websites/opus-codec.org/license

[jm at svn.xiph.org]

Author: jm
Date: 2012-11-14 21:28:41 -0800 (Wed, 14 Nov 2012)
New Revision: 18703

Modified:
   websites/opus-codec.org/license/index.shtml.en
Log:
MS license update


Modified: websites/opus-codec.org/license/index.shtml.en
===================================================================
--- websites/opus-codec.org/license/index.shtml.en	2012-11-13 23:19:16 UTC (rev 18702)
+++ websites/opus-codec.org/license/index.shtml.en	2012-11-15 05:28:41 UTC (rev 18703)
@@ -79,6 +79,10 @@
 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>
 
+<p>Some of these licenses have been updated in the past and may be updated again in the future. However, 
+updates never invalidate the old licenses and users are always free to rely on any of the previously
+available licenses. In other words, newer licenses can give more rights, but never fewer.</p>
+
 <a name="xiph"><h3>Xiph.Org Foundation</h3></a>
 
 <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
@@ -228,176 +232,59 @@
 <div style="font-family:monospace;">
 <p>Microsoft Patent Terms for draft-ietf-codec-opus-10 Date: 1-25-12</p>
 
-<p>1. Patent Promise.</p>
 
-<p>1.1. Patent Promise Grant. Subject to all the terms and conditions of
-this Agreement, I make the following promises:</p>
+<p>Microsoft Opus Patent Terms</p>
 
-<p>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.</p>
+<p>1. Patent Terms.</p>
 
-<p>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.</p>
+<p>1.1. Specification License. Subject to all the terms and conditions of this Agreement, I, on behalf of myself and my successors in interest and assigns, hereby grant you a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to my Necessary Decoder Claims for your Specification Implementation.</p>
 
-<p>1.2. Conditions.</p>
+<p>1.2. Code License. Subject to all the terms and conditions of this Agreement, I, on behalf of myself and my successors in interest and assigns, hereby grant you a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to my Necessary Reference Implementation Claims to make, use, sell, offer for sale, import or distribute a Code Implementation.</p>
 
-<p>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.</p>
+<p>1.3. Conditions.</p>
 
-<p>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.</p>
+<p>1.3.1. Availability. If you own or control Necessary Claims, the licenses set forth in Section 1 are subject to and will become effective starting on the date that you make a binding public irrevocable commitment to license, on reasonable and non-discriminatory royalty-free licensing terms 1) your Necessary Decoder Claims to all implementers for Specification Implementations, and 2) your Necessary Reference Implementation Claims to all implementers for Code Implementations, where the terms of this Agreement satisfy any reciprocity requirements in your 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 Specification Implementations and Code Implementations under reasonable and non-discriminatory royalty-free licensing terms. In addition, as a condition of the licenses set forth in Section 1, you acknowledge and agree that you have not and will no
 t knowingly take any action for the purpose of circumventing the conditions in this Section 1. Notwithstanding the foregoing, you are not required to make the commitments set forth in this Section 1.3.1 as a result of merely using a Specification Implementation or a Code Implementation as an end-user.</p>
 
-<p>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.</p>
+<p>1.3.2. Additional Conditions. This license is 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 license. This license is not an assurance (i) that any of my issued patent claims covers a Specification Implementation or Code Implementation or are enforceable or (ii) that a Specification Implementation or Code Implementation would not infringe intellectual property rights of any third party.</p>
 
-<p>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.</p>
+<p>1.4. 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 a Specification Implementation infringes Necessary Decoder Claims or a Code Implementation infringes Necessary Reference Implementation Claims, unless that suit was in response to a corresponding suit regarding a Specification Implementation or Code Implementation first brought against you. In addition, all rights, grants, and promises made by me to you under Section 1 are terminated if you, your agent, or successor in interest seek to license Necessary Decoder Claims for Specification Implementations or Necessary Reference Implementations Claims for Code Implementations on a royalty-bearing basis, unless that royalty-bearing licensing activity is in addition to, and not in lieu of, reasonable and non-discriminatory royalty-free licensin
 g terms for Necessary Decoder Claims for Specification Implementations or Necessary Reference Implementation Claims for Code Implementations. 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.</p>
 
-<p>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.</p>
+<p>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 Specification Implementation and 2) to my Necessary Reference Implementations Claims solely for your Code Implementation.</p>
 
-<p>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.</p>
+<p>3. Past Skype Declarations. You may, at your option, continue to rely on the terms set forth in Skype’s past declarations made to the 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.</p>
 
-<p>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.</p>
+<p>4. Good Faith Obligations. I agree that I have not and will not knowingly take any action for the purpose of circumventing my obligations under this Agreement. In addition, I will not 1) seek an injunction or exclusion order against a) Code Implementations for Necessary Reference Implementation Claims or b) Specification Implementations for Necessary Decoder Claims or 2) require that an implementer license its patents back to me, except for Necessary Reference Implementation Claims for Code Implementations and Necessary Decoder Claims for Specification Implementations. I will not transfer Necessary Reference Implementation Claims or Necessary Decoder Claims unless the transferee is subject to these obligations.</p>
 
-<p>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.</p>
+<p>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 Specification or Reference Implementation. The entire risk as to implementing or otherwise using the Specification, Specification Implementation, or Code 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. Nothing in this Agreement requires me to undertake a patent search.</p>
 
 <p>6. Definitions.</p>
 
-<p>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.</p>
+<p>6.1. Agreement. “Agreement” means this document, which sets forth the rights, grants, limitations, conditions, obligations, and disclaimers made available for the particular Specification.</p>
 
-<p>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.</p>
+<p>6.2. Code Implementation. “Code Implementation” means making, using, selling, offering for sale, importing or distributing 1) the Reference Implementation, or 2) an implementation that, in the case of an encoder, produces a bitstream that can be decoded by a Specification Implementation solely to the extent it produces such a bitstream, and, in the case of decoder, is a Specification Implementation, where that Specification Implementation may also infringe Necessary Reference Implementation Claims.</p>
 
-<p>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.</p>
+<p>6.3. 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.</p>
 
-<p>6.4. Decoder Specification. “Specification” means
-draft-ietf-codec-opus-10 specification.</p>
+<p>6.4. I, Me, or My. “I,” “me,” or “my” refers to the party making this declaration, and any entity that I Control.</p>
 
-<p>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.</p>
+<p>6.5. Necessary Claims. “Necessary Claims” means Necessary Decoder Claims and Necessary Reference Implementation Claims.</p>
 
-<p>6.6. I, Me, or My. “I,” “me,” or “my” refers to the party
-making this declaration, and any entity that I Control.</p>
+<p>6.6. Necessary Decoder Claims. “Necessary Decoder 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 an implementation of 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.</p>
 
-<p>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.</p>
+<p>6.7. Necessary Reference Implementation Claims. “Necessary Reference Implementation 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. Necessary Reference Implementation Claims do not include claims that would be infringed only as a consequence of further modification of the Reference Implementation.</p>
 
-<p>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.</p>
+<p>6.8. Reference Implementation. “Reference Implementation” means the implementation of the Opus encoder and/or decoder code extracted from Appendix A of the Specification.</p>
 
-<p>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.</p>
+<p>6.9. Specification. “Specification” means IETF RFC 6716 dated September 2012.</p>
 
-<p>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.</p>
+<p>6.10. Specification Implementation. “Specification Implementation” means making, using, selling, offering for sale, importing or distributing any conformant implementation of the decoder set forth in the Specification 1) only to the extent it implements the Specification and 2) so long as all required portions of the Specification are implemented. Specification Implementation also includes any implementation of a decoder included in subsequent versions of RFC 6716 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.</p>
 
-<p>------------------------------------------------------<br/>
-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.
-</p>
+<p>6.11. 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.</p>
+
+
 </div>
-This license is also filed on the
-<a href="https://datatracker.ietf.org/ipr/1670/">IETF site</a>.
+This license is also filed on the <a href="https://datatracker.ietf.org/ipr/1914/">IETF site</a>. The
+<a href="https://datatracker.ietf.org/ipr/1670/">old license</a> is still available.
 </blockquote>
 
 
@@ -432,7 +319,7 @@
  Huawei</b>.
 We can also say that Mozilla is confident enough in Opus to ship it to hundreds
  of millions of Firefox users.
-Similarly, Cisco is also supporting Opus in at least one product.
+Similarly, Cisco and Google are also supporting Opus in some products.
 More companies are expected to do the same soon.
 </p>