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The IBM Toolkit for MPEG-4 comes with the following paragraph in its licence:

Rights In Data

You assign to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, and written materials that 1) is related to Your use of the Program and 2) You provide to IBM. If IBM requires it, You will sign an appropriate document to assign such rights. Neither party will charge the other for rights in data or any work performed as a result of this Agreement.

Correct me if I am wrong, but I'm understanding that I cannot use their toolkit without give them rights on my software?

A: 

That's only for code "you provide to IBM". If you don't provide them with the code, you don't have to transfer copyright. You should also note that you can't accidentally transfer copyright in the US. It requires a written and signed document. IANAL.

Matthew Flaschen