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?

[Ivan Dimkovic]

The issue here has nothing to do with source code.

If you mean the one you just quoted, then it certainly does not ;-) But Garf quoted paragraph number 2

2.  You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a)  You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

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.)

Source code, by itself - does not display anything. section 2c is related to the execution of the derived works Integrating third-party GPL code does not mean transfering of Copyright rights and removing Copyright rights of the original work -

Final work is Copyright © Original GPL Module Author and Copyright © GPL Derived Work Author.

So, in my opinion - it is fair to put the copyright notice of all relavant modules if the application has about box or copyright notification, if these exist and/or if it makes sense to put them (i.e. application has visible user interface)

This post has been edited by Ivan Dimkovic: Jul 14 2005, 12:55