XViD Development stopped - Page 2

uManiac · 22nd August 2002, 22:05

@-h

Your right, paragraph 3 in thir EULA says

Quote:

Infringement. You are hereby advised and you understand that your use of the Software may infringe existing patents. You understand that you are solely responsible for obtaining the necessary licenses from such patent owners and for paying all applicable fees and royalties. You agree that Sigma shall have no liability for use of this Software or any derivation thereof.

I wonder if those parner companies (www.ivast.com and www.envivio.com ) are using XviD as well.

I just hope this gets sorted out. I'd hate to see such a good thing come to and abrupt end.

temporance · 22nd August 2002, 22:09

I see SIGM share price is as yet unmoved. Is there still time to sell short?

int 21h · 22nd August 2002, 22:12

Quote:

From Slashdot

Comment from the FSF (Score:2)
by prizog (`gro.silavon' `ta' `todhsals-silavon') on Thursday August 22, @04:37PM (#4121857)
(User #42097 Info | http://web.novalis.org/)
We at the FSF are saddened by this GPL violation. Because we do not hold copyright on Xvid, we can't act directly. We support the Xvid developers' effort to get full GPL compliance from Sigma. If you're interested in how we enforce the GPL when we hold copyright, please see our attorney Eben Moglen's essay, Enforcing the GPL http://www.gnu.org/philosophy/enforcing-gpl.html.

GreatLord · 22nd August 2002, 22:59

I have post to my concat person at Sigma Designs and have ask if hi can comment anything of these.

I know Sigma are working on a comnpete new version of RMP4.
it will be call RMP4 V2.0.

I really like Xvid and RMP4 codecc.

I hope this matter be solv sone.

Thanks for a great codecc.

kempodragon · 22nd August 2002, 23:17

It is a sad day indeed when something like this happens. I have been impressed with xvid's quality and for someone to use the developer's hard work and claim it as their own is a slap in the teeth. I truly hope that situation is resolved, because if Sigma gets away with this then other companies will think they too can use the GPL for their own playground. How much innovation and creativity will be stifled when developers see their work stolen and their protests ignored or worse. Avery Lee, the creator of VirtualDub, had a similar problem IIRC, but I'm not sure if this was a commercial outfit that tried to claim his work.

My prayers are with you guys and kudos for such great work.

trbarry · 22nd August 2002, 23:25

These things are usually settled in the court of public opinion, not of law.

If everyone mentions this whenever Sigma or th Xcard comes up it will serve to keep the pressure on. And I'll state that I personnaly will not do business with Sigma Designs or their licensees until this is resolved.

- Tom

int 21h · 22nd August 2002, 23:26

http://forums.divx.com/viewtopic.php...=40040&forum=5

And, Slashdot comment that contributes alot to this entire 'sue' them argument.

Quote:

Did the authors register their copyright? They need to do that to get statutory damages. If they did, the statutory damages could be extremely high, and so you would have a case for Sigma to fear.

If not, they should register it right away, while Sigma is still distributing the alleged infringement.

If not registered, you can only get actual damages. And it's easy to see a court saying that actual damages -- which are financial, not personal -- are zero in a case like this. How much money did the team lose? You might do better arguing how much Sigma made from the infringing code but they would of course make the argument that the money came from their proprietary additions, not the GPLd code which of course anybody can get for free.

To compel them to comply with GPL, you will have to get the court to agree with the implied licence. That's harder, though if they really have documents from Sigma admitting that they were aware of the GPL terms you might have a shot.

Otherwise, I don't think anybody has had a court rule that you would be bound by the GPL contract if you used GPLd code. They would rule you violated copyright, but will they rule more?

Think about it. If I put a licence in my code saying "Use this code without my permission and you must give me your whole corporation" no court would consider that enforceable.

Will they consider it enforceable if the licence says "use this code without my permission and you must give away all the source code to everything you bundled with it"? Also in doubt.

Could be. Could not be.

SirDavidGuy · 22nd August 2002, 23:27

/me is busy typing up a story about it to send to the local newspaper...

int 21h · 22nd August 2002, 23:28

This is funny really because after it hit Slashdot, every zealot on there is emailing every public outlet to get everyone to hear about it.

GreatLord · 22nd August 2002, 23:37

I am in Sigmas News Group.
We just start speak about this.

One msg every min, I hope SD will wake up and dare answer all our question there.

When we get a answers from SD I will report it here.
Hoply from one of the manger.

Teegedeck · 22nd August 2002, 23:45

At the moment, I think it's best to spread the news around as much as possible (just mailed it to c't, too). Give'm a REAL bad press.

avih · 23rd August 2002, 00:06

i've informed 'the register' and 'newsforge'

twistee · 23rd August 2002, 00:08

this is really bad news. dont worry, i will be telling every man and his dog about this....

its all kinda cool looking at the asm output in the comparisons (as i have just started to learn assembler...and i kinda understand what its on about)...

wotef · 23rd August 2002, 00:31

i posted to the wall street journal and the financial times

pt7 · 23rd August 2002, 00:31

First post after a couple weeks of reading. XVID is great and I appreciate the efforts of its developers and those developing related programs and sharing information here.

The Inquirer has an article up here.

The article is a little guarded but I already thanked the editor by e-mail. Hopefully the story will reach the mainstream press wires and though unlikely it would be nice for the question to be posed at Sigma's qrtly CC.

-PT

sillKotscha · 23rd August 2002, 00:33

Quote:

Originally posted by Teegedeck
At the moment, I think it's best to spread the news around as much as possible (just mailed it to c't, too). Give'm a REAL bad press.

me too, just dropped a line to Christian Persson (Chefredakteur und verantwortlich für den Textteil (editor-in-chief and responsible for the press))

lets hope every mail is helping to succeed against Sigma's impudence

Hiro2k · 23rd August 2002, 00:45

Sorry Avih for posting again in the New AV Format Forum. I didn't see all this going on over here. But my original statement was correct. Everyone here that cares is doing something about this crime.
Now time for me to hide.

avih · 23rd August 2002, 00:47

@Hiro2k
no damage done. u can stop hiding

cofferscuffs · 23rd August 2002, 01:02

i just submitted the news to warp2search... frenchzed (from #doom9 chan) said he will submit to french sites... spread the word! i feel a major shitstorm coming someones way... hehehe

ACClarke · 23rd August 2002, 01:44

I will post on the french video forums to.

This story is disgusting....

22nd August 2002, 22:09	#22 \| Link
temporance Registered User Join Date: Mar 2002 Posts: 486	short selling of SIGM? I see SIGM share price is as yet unmoved. Is there still time to sell short?

22nd August 2002, 23:17	#25 \| Link
kempodragon Registered User Join Date: Feb 2002 Location: Biddeford, Me USA Posts: 167	Sad day indeed It is a sad day indeed when something like this happens. I have been impressed with xvid's quality and for someone to use the developer's hard work and claim it as their own is a slap in the teeth. I truly hope that situation is resolved, because if Sigma gets away with this then other companies will think they too can use the GPL for their own playground. How much innovation and creativity will be stifled when developers see their work stolen and their protests ignored or worse. Avery Lee, the creator of VirtualDub, had a similar problem IIRC, but I'm not sure if this was a commercial outfit that tried to claim his work. My prayers are with you guys and kudos for such great work.

22nd August 2002, 23:27	#28 \| Link
SirDavidGuy Flying Attack Donkey Join Date: Mar 2002 Posts: 159	/me is busy typing up a story about it to send to the local newspaper... __________________ "Bork Bork Bork"

22nd August 2002, 23:28	#29 \| Link
int 21h Still Laughing Join Date: Oct 2001 Location: Around Posts: 1,312	This is funny really because after it hit Slashdot, every zealot on there is emailing every public outlet to get everyone to hear about it. Last edited by int 21h; 22nd August 2002 at 23:32.

22nd August 2002, 23:45	#31 \| Link
Teegedeck Moderator, Ex(viD)-Mascot Join Date: Oct 2001 Posts: 2,564	At the moment, I think it's best to spread the news around as much as possible (just mailed it to c't, too). Give'm a REAL bad press. __________________ It's a man's life in Doom9's 52nd MPEG division. "The cat sat on the mat." ATM I'm thoroughly enjoying the Banshee - a fantastic music player/ripper for Linux. Give it a whirl!

22nd August 2002, 22:59	#24 \| Link
GreatLord Registered User Join Date: Jun 2002 Location: Sweden Posts: 27	I have post to my concat person at Sigma Designs and have ask if hi can comment anything of these. I know Sigma are working on a comnpete new version of RMP4. it will be call RMP4 V2.0. I really like Xvid and RMP4 codecc. I hope this matter be solv sone. Thanks for a great codecc.

22nd August 2002, 23:25	#26 \| Link
trbarry Registered User Join Date: Oct 2001 Location: Gainesville FL USA Posts: 2,092	These things are usually settled in the court of public opinion, not of law. If everyone mentions this whenever Sigma or th Xcard comes up it will serve to keep the pressure on. And I'll state that I personnaly will not do business with Sigma Designs or their licensees until this is resolved. - Tom

22nd August 2002, 23:37	#30 \| Link
GreatLord Registered User Join Date: Jun 2002 Location: Sweden Posts: 27	I am in Sigmas News Group. We just start speak about this. One msg every min, I hope SD will wake up and dare answer all our question there. When we get a answers from SD I will report it here. Hoply from one of the manger.

23rd August 2002, 00:06	#32 \| Link
avih Capture, Deinterlace Join Date: Feb 2002 Location: Right there Posts: 1,971	i've informed 'the register' and 'newsforge'

23rd August 2002, 00:08	#33 \| Link
twistee idiot Join Date: Oct 2001 Location: Sydney, Australia Posts: 181	this is really bad news. dont worry, i will be telling every man and his dog about this.... its all kinda cool looking at the asm output in the comparisons (as i have just started to learn assembler...and i kinda understand what its on about)... __________________ Intel 815EEA motherboard, P3 800, 512 meg PC133 RAM, 16x Pioneer DVD, 40x12x40x Iomega CD Burner, 64 meg 3DFX Voodoo 5 5500, Sound Blaster Live, 2x80gig, 1x40gig, 1x10gig, WinXP...i love my computer :P

23rd August 2002, 00:31	#34 \| Link
wotef Registered User Join Date: Apr 2002 Posts: 272	i posted to the wall street journal and the financial times

23rd August 2002, 00:31	#35 \| Link
pt7 Registered User Join Date: Aug 2002 Location: Portland, OR Posts: 9	Inquirer has article up First post after a couple weeks of reading. XVID is great and I appreciate the efforts of its developers and those developing related programs and sharing information here. The Inquirer has an article up here. The article is a little guarded but I already thanked the editor by e-mail. Hopefully the story will reach the mainstream press wires and though unlikely it would be nice for the question to be posed at Sigma's qrtly CC. -PT

23rd August 2002, 00:45	#37 \| Link
Hiro2k New Container Mod Join Date: Apr 2002 Location: Cuernavaca, Mexico Posts: 770	Sorry Avih for posting again in the New AV Format Forum. I didn't see all this going on over here. But my original statement was correct. Everyone here that cares is doing something about this crime. Now time for me to hide.

23rd August 2002, 00:47	#38 \| Link
avih Capture, Deinterlace Join Date: Feb 2002 Location: Right there Posts: 1,971	@Hiro2k no damage done. u can stop hiding

23rd August 2002, 01:02	#39 \| Link
cofferscuffs uber-toddler! Join Date: Oct 2001 Location: munkee land whoosh! Posts: 627	i just submitted the news to warp2search... frenchzed (from #doom9 chan) said he will submit to french sites... spread the word! i feel a major shitstorm coming someones way... hehehe __________________ cC.

23rd August 2002, 01:44	#40 \| Link
ACClarke Registered User Join Date: Nov 2001 Location: france Posts: 51	I will post on the french video forums to. This story is disgusting....