FAAD2 Licensing, Now GPL Incompatible? Options

[jstembridge]

Does anyone here know what's going on with the licensing change in FAAD2 cvs? The included COPYING file is still straight GPL, but the source files include the following:

** Software using this code must display the following message visibly in the
** software:
** "FAAD2 AAC/HE-AAC/HE-AACv2/DRM decoder © Ahead Software, www.nero.com"
** in, for example, the about-box or help/startup screen.

Now, IANAL, but that seems GPL incompatible to me, as the GPL states:

You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

I have tried to contact Menno on the matter without any success, can anyone else cast any light/opinions?

[jstembridge]

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

That guidance says nothing about outputting the copyright notices for code written by other people which you may have included.

IMHO, clarifying the copyright owner (which is usually done) is, by no means, an additional restriction of the license. I believe that this notice does not violate GPL freedoms in any way.

Ok, let's say hypothetically I wish to include faad2 source code in another library, say xine-lib. Now, xine-lib has no about box or help screen or anything, it's a library. So, this means as xine-lib authors we now have to impose a requirement on anyone writing a xine-lib frontend to put the message on their about/help box.

This is an additional restriction on our use of the code under the terms of the GPL.

[Garf]

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

That guidance says nothing about outputting the copyright notices for code written by other people which you may have included.

Your program is a derived work of those programs, of course it applies.

IMHO, clarifying the copyright owner (which is usually done) is, by no means, an additional restriction of the license. I believe that this notice does not violate GPL freedoms in any way.

Ok, let's say hypothetically I wish to include faad2 source code in another library, say xine-lib. Now, xine-lib has no about box or help screen or anything, it's a library. So, this means as xine-lib authors we now have to impose a requirement on anyone writing a xine-lib frontend to put the message on their about/help box.

This is an additional restriction on our use of the code under the terms of the GPL.

Nonsense. You don't have to do anything. It's up to people using your library to check the license of the work, and as we already explained, the GPL already requires a notice:

c)  If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

This is exactly what the FAAD2 license says. If you have a startup screen, of help-about boxes, or any kind of copyright blurp, please put the copyright message there.

This post has been edited by Garf: Jul 14 2005, 12:29