Paul C. Bryan hat in der Sigma-Newsgroup seinen eMail-Dialog mit Sigma veröffentlicht.
Demnach ist sich Sigma dem Verstoß bewusst und hofften mit der GPL-Lizensierung und der Bitte um Entschuldigung die Sache erledigt zu haben.

Dem ist sicherlich nicht so, da weiterhin das Copyright der Originalquellen geändert wurde. Ich finde es auch schade, wie die Presseerklärung aufgesetzt wurde. Etwas Credit in Richtung XVid hätte da gut zu Gesicht gestanden.

Bye

Thorsten

--

The following is my correspondence so far with Sigma Designs regarding
their apparent violation of the GNU General Public License, which
constitutes a violation of the copyright of the authors of XVID.

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Date: Fri, 23 Aug 2002 16:05:24 -0700
To: kal@sdesigns.com, stephanie.porter@edelman.com, RMP4@sdesigns.com,
tech_support@sdesigns.com
Subject: MPEG-4 Video Codec Source Code

To whom it may concern:

Thank you for making the source code to the REALmagic MPEG-4 codec
available. As you are now aware, this is a required term of the GNU
General Public License (GPL). I have downloaded the source code release
(RMP4V1_1.zip) from your website, and have concerns pertaining to the
notices that appear at the top of the source files.

In the top of the source files, there is a vague assertion that they are
related to the XVID MPEG-4 video codec with the following statement:
"This code inspired by the XVID MPEG-4 VIDEO CODEC".

I have performed a side-by-side comparison between the above-mentioned
REALmagic MPEG-4 codec and the XVID (xvid_snapshot_20020822.tar.gz)
source code, and it is clear to me that the source files you published
are not merely "inspired by" the XVID MPEG-4 codec, but are in fact
derivative works.

If this is true, then your source distribution appears on its face to be
in violation of the GPL. Section 2(a) states: "You must cause the
modified files to carry prominent notices stating that you changed the
files and the date of any change." I could find no such notices of
changes in the source files you released.

I request you remedy this problem by ammending the source code files in
accordance with section 2(a), so that this apparent violation can be
corrected. Doing so is a legal requirement of the license you accepted
by creating a derivative work of the XVID MPEG-4 video codec. Failure to
adhere to the terms of the GPL constitutes a copyright infringment by
Sigma Designs.

You are clearly using and benefiting from the work of the authors of the
XVID MPEG-4 video codec, yet you have hardly credited the development
team for making this possible. I strongly urge you to consider to
properly acknowledge the XVID development team. Please, give credit
where credit is due.

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From: Tech Support
Subject:
Date: Fri, 23 Aug 2002 19:59:09 -0700

Interested Parties concerning Sigma's MPEG-4 CODEC

Thank you for contacting Sigma Designs and requesting information that
relates to our MPEG-4 CODEC and the availability of its source code. We
would like to take this opportunity to address the relevant issues that
have been raised.

To begin with, Sigma developed an MPEG-4 CODEC to assist in the
proliferation of MPEG-4 content and to ensure that users can create
content libraries compatible with the ISO MPEG-4 video specifications
and its implementation in silicon. Fulfilling this goal was carried out
in two steps. The first was the introduction of an MPEG-4 CODEC,
provided free of charge, so that worldwide users could begin encoding
new content. The second was the release of source code, so that the
development community could continue with technical improvements. Sigma
never intended in making, nor realized, any profits from this code base.

Several weeks after the CODEC was first released, Sigma was contacted by
the XVID development team regarding the use of certain portions of their
code. Upon examination, it was determined that one of our programmers,
unbeknownst to management and contrary to Sigma's policy, had utilized
some routines posted by XVID as open source. During the past four weeks,
Sigma had communicated with XVID to resolve the situation. As a result,
Sigma has decided to make the current version of the MPEG-4 CODEC
available under the GPL license.

Sigma is a supporter of the Linux operating system, appreciates the work
being done by the open source community, and continues to issue certain
other code under open source arrangements. Though we believe that we
have acted as expediently as possible, Sigma Designs sincerely
apologizes to the open source community for this inadvertent use of GPL
code and for the several weeks it took to resolve the situation.

Sincerely,

Ken Lowe
Vice President of Business Development

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Date: Fri, 23 Aug 2002 21:42:33 -0700
To: Tech Support
Subject: Re: (no subject)

Dear Mr. Lowe:

Thank you for your prompt response to my message regarding the Sigma
Designs REALmagic MPEG-4 video codec. I URGE YOU TO READ THIS MESSAGE
CAREFULLY.

In your response, you indicated that Sigma has decided to make the
current version of the MPEG-4 video codec available under the GNU
General Public License (GPL). This is indeed great news.

You also alluded to the fact that the situation is now resolved.
UNFORTUNATELY, THIS IS NOT TRUE.

As I mentioned in my previous message, it appears that Sigma Designs is
presently in violation of section 2(a) of the GPL. This section
stipulates that any modifications to source code carry a prominant
notice stating that you made changes and the date of the change. I can
find no such notices in the REALmagic MPEG-4 codec source code.

If true, then SIGMA DESIGNS IS STILL VIOLATING THE COPYRIGHT OF THE
AUTHORS OF XVID. I strongly urge you to take action, by either ammending
the REALmagic MPEG-4 video codec source code to adhere to section 2(a)
of the GPL, or else stop distributing the REALmagic codec altogher.
Either action will remedy your current violation of the GPL.

Also, I urge you to give proper credit to the XVID development team in
your source code. My comparison of REALmagic and XVID reveals that the
Sigma source code is much more than "inspired by the XVID MPEG-4 VIDEO
CODEC"; it is clearly a derivative of XVID and as such deserves proper
acknowledgement to the original authors.

Please, give credit where credit is due.