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HP MediaSmart Server User's Guide
could answer such a question with a definite no, those who do lie. What we do know is
that various standards FFmpeg supports contain vague hints that any conforming
implementation might be subject to some patent rights in some jurisdictions, examples
for such statements are:
For H.264:
ITU draws attention to the possibility that the practice or implementation of this
Recommendation may involve the use of a claimed Intellectual Property Right. ITU
takes no position concerning the evidence, validity or applicability of claimed
Intellectual Property Rights, whether asserted by ITU members or others outside of
the Recommendation development process.
And for MPEG-4:
The user's attention is called to the possibility that, for some of the processes
specified in this part of ISO/IEC 14496, conformance with this specification may
require use of an invention covered by patent rights. By publication of this part of
ISO/IEC 14496, no position is taken with respect to the validity of this claim or of
any patent rights in connection therewith.
Q: Is it legal to use such patented algorithms?
A: Patent laws change wildly between jurisdictions. Besides, even in places where
software patents are recognized, there is serious doubt about the legitimacy of such
legislation. Note that patents on algorithms are illegal in many countries. Plus the use of
patents to prevent the usage of a format or codec on a specific operating system or
together with specific other software might violate antitrust laws.
Q: Bottom line: Should I be worried about legal issues if I use FFmpeg?
A: Are you a private user working with FFmpeg for your own personal purposes? If so,
there is remarkably little reason to be concerned. Are you using FFmpeg in a commercial
software product? Read on to the next question...
Q: Since FFmpeg is licensed under the LGPL, is it perfectly alright to incorporate
the whole FFmpeg core into my own commercial product?
A: You might have a problem here. Sure, the LGPL allows you to incorporate the code.
However, there have been cases where companies have used FFmpeg in their projects,
usually for such capabilities as superior MPEG-4 decoding. These companies found out
that once you start trying to make money from certain technologies, the alleged owners of
the technologies will come after their protection money. Most notably, MPEG-LA
(licensing authority) is vigilant and diligent about collecting for MPEG-related
technologies.
Q: You called the patent license fee protection money, is this a joke?
A: No. The legal validity of these patents is highly questionable. Still in many current
legal systems it is very easy to ruin a company with patents even if the patents are
invalid. Paying the (small) license fee is much cheaper than a patent lawsuit during which
you would not be able to sell your product as the patent would be valid until you win the
lawsuit 5+ years in the future. That is assuming you did not go bankrupt in the
meantime...
Q: Can I be safe if I have paid my protection money.
A: You can never be safe as long as your country recognizes software patents as valid.
There are companies that own many patents, pay and cross-license for other companies
patents, but even such companies are being found guilty of infringing some obscure little-
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