OpenDivX license

[Brian Behlendorf]

On Thu, 18 Jan 2001, Patrik Wallstrom wrote:
> http://www.projectmayo.com/opendivx/divx_open_license_v10.txt
> 
> This license has not been approved by OSI, has it?
> 
> They call OpenDivX an Open Source-project, but limits the code to be
> compatible with the MPEG-4 standard:
> 
> 6. Any Codec or Larger Works created by you must conform to the
> MPEG-4 Video Standard.
> 
> The license contains other things as well...

On a casual rereading of the OSD I don't see any provision of the
OSD that such a requirement would contradict, though clearly the
provisions of that "standard" might conflict with the OSD and the
document that describes that standard should be considered part of the
license itself.  For example, if the "standard" said "no software
implementing this protocol may have its source code revealed" e.g., the
CSS standard for DVD decryption, there's no way that license could be
considered Open Source.  

The big issue is, who gets to judge conformance?  How would a negative
judgement be challenged?  If the license provided two paths to follow
depending on the conformance of the software to that standard, with both
paths being legit under the OSD, that's ideal.  See the SISSL for an
example of a license such as the above.

	Brian