I'm creating opensource GPL H264 encoding lib/app (based on x264) do I need to pay for the license?

c, c++, h.264, licensing, x264

Solution

According to this blog article, the MPEG-LA specifically indicated that license fees are required even for open source software:

In response to your specific question, under the Licenses royalties are paid on all MPEG-4 Visual/AVC products of like functionality, and the Licenses do not make any distinction for products offered for free (whether open source or otherwise)…

However, like many patent-encumbered technologies, the licensing landscape is very complex and confusing (that's what lawyers do), so it's hard to say that a 2nd hand comment from an email sent by someone in the MPEG-LA organization can be considered definitive. If I were writing open source software, I'd probably just shy away from H.264 if at all possible (and maybe rely on system installed codec if that's an option). If I were writing commercial software, I'd definitely get a license, either directly or indirectly by licensing a library from an outfit that had a license.

Sorry to be absolutely no help...

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