Re: [FFmpeg-devel] Legal Advice Was: [POLL][RFC] Merge vs Cherry pick for integration of changes - Michael Niedermayer via ffmpeg-devel

From: Michael Niedermayer via ffmpeg-devel <ffmpeg-devel@ffmpeg.org>
To: FFmpeg development discussions and patches <ffmpeg-devel@ffmpeg.org>
Cc: Michael Niedermayer <michael@niedermayer.cc>
Subject: Re: [FFmpeg-devel] Legal Advice Was: [POLL][RFC] Merge vs Cherry pick for integration of changes
Date: Sat, 23 Aug 2025 22:33:14 +0200
Message-ID: <20250823203314.GU29660@pb2> (raw)
In-Reply-To: <20250821113202.GH29660@pb2>

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Hi

Here is the legal advice that i was given.
The GA has the full text and that is much more detailed.
Iam posting the relevant parts so the whole community can see it.

"a claim that there is GPLv2 code in a file of
 FFmpeg origin that has the LGPLv2.1 license would be a breach of the FFmpeg's
 LGPLv2.1 license. While section 3 of the LGPLv2.1 would have allowed him to
 take the original FFmpeg files and change the license for them to GPLv2, he
 didn't follow the necessary steps to effectively change the license. So the
 original code he is building from is still under LGPLv2.1. Since code
 contributions to a copyleft work have to be under the /same /license as the
 code you are contributing to (Section 2(c), "You must cause the whole of the
 work to be licensed at no charge to all third parties under the terms of this
 License"), Paul's contributions to LGPLv2.1 files are under the LGPLv2.1
 license because he didn't exercise the option to change them to GPLv2 first. A
 claim otherwise would be admitting he is in breach of the FFmpeg license."

"You can safely assume that any new file he created with a license
 identifier in the file of LGPLv.2.1 is under the LGPLv2.1 license."

"Paul's response to your use of his code may be to relicense his code under
 the AGPL,* but he cannot change the license retroactively - you would have to
 accommodate the AGPL license for any later changes you adopt, but not for any
 code you are using from before a license change."

thx

[...]

-- 
Michael     GnuPG fingerprint: 9FF2128B147EF6730BADF133611EC787040B0FAB

I know you won't believe me, but the highest form of Human Excellence is
to question oneself and others. -- Socrates

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