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New MP3 License Terms Demand $0.75 Per Decoder

Götz writes "The licensing terms of Thomson and the Fraunhofer Gesellschaft, who are the owners of the mp3 patents, have changed. Now not only mp3 encoders but also mp3 decoders require a license. This page lists the fees -- it's $0.75 per decoder. As a consequence, Red Hat has already removed all mp3 players from the Rawhide development version."

19 of 1,153 comments (clear)

  1. Re:What can MP3 do for me that Ogg Vorbis can't? by Dionysus · · Score: 5, Informative

    mp3 has hardware support. Ogg Vorbis does not.

    --
    Je ne parle pas francais.
  2. Re:Portable Ogg-based players? by bear_phillips · · Score: 5, Informative

    You could always get a sharp zaurus and use it to play your ogg files.

    --
    http://www.windmeadow.com/
  3. Re:i'm lazy, spell it out please. by JanneM · · Score: 5, Informative
    Basically: don't. You will suffer a lot of degradation. Both are lossy formats, and going from one to another will have a large impact on the sound quality. For stuff like audio books or Britney Spears, where the sound quality is of little importance, it may still suffice, but for music you really care about it will just not be good enough. As you no doubt have the original CD:s - you do have them, right? - it's far preferable to rip them again into ogg.

    /Janne

    --
    Trust the Computer. The Computer is your friend.
  4. this IS a change from before by David+Jao · · Score: 5, Informative
    These prices have always been around. It's just that they have never been enforced.

    Wrong. Or, rather, right, but wrong with respect to a very technical point that has escaped notice so far.

    Previously decoders which were released for free for personal use were exempt from the licensing fees. This covers winamp, xmms, mpg123, and all the other free software players you love.

    That exemption has been removed. Now everything costs 75 cents, no matter whether it's free software or not. And that, my friend, is a big deal.

  5. Re:These prices were up last year. by thesolo · · Score: 4, Informative

    These prices have always been around. It's just that they have never been enforced. If everyone had to pay for a player to listen to mp3's, mp3's would be nowhere near as popular as they are today.
    This is just another case of /. editors making news out something that's been around for more than a year.


    Actually, you are incorrect; the editors did not do anything wrong in this case. While the rates have been around, they were lower previously. Take a look at the previous royalty page courtesy of the Wayback Machine.

    I also have a feeling that if they are going to increase the rates, they are going to make a point of charging for the royalty fees as well.

  6. Re:Thank god for ogg! by tim_m · · Score: 4, Informative

    But of course there's a converter. Here's one right over at Freshmeat called mp32ogg. Seems to work fairly well, too, but since mp3 is lossy, and ogg is lossy, you might lose a little quality. I never noticed anything, though.

  7. The minimum's the kicker for me... by mactari · · Score: 4, Informative

    Annual minimum royalties are payable upon signature and each following year in January and are fully creditable against annual royalties.
    US$ 15 000.00 per calendar year.


    Now that's a pain. I emailed them to see if I could get a "hobbyist license" for more per app, but without the $15k minimum (wanted to make "iTunes 3 for Classic Mac OS"). They allow you to release up to 5000 units of a game that uses mp3s royalty free, so I was hopeful. The reply? No dice. (I was impressed they sent a reply!)

    Fwiw, here's a list of the licensees.

    --

    It's all 0s and 1s. Or it's not.
  8. Re:Do they not realize the effect of this? by David+Jao · · Score: 5, Informative
    This has been in effect for years now, I have NO idea why /. thinks this is news

    What's new is that the longstanding royalty exception for free software / freeware programs has been removed. I can't find any historical info on the exception from the mp3 licensing site (probably because Fraunhofer isn't eager to publicize the fact that there once was an exception), but if you look in other places like the Debian mailing lists, you can read what the old policy was.

  9. Re:i'm lazy, spell it out please. by Lxy · · Score: 5, Informative

    Oggasm does exactly what you want, with far more robustness than a shell script.

    --

    There is no reasonable defense against an idiot with an agenda
    :wq
  10. Re:Thank god for ogg! by sheol · · Score: 4, Informative

    Transcoding, as it as been so named, is inherently a Bad Thing(TM). Going from one lossy format to another only further degrades the quality of the file.

    Take for example making a photocopy of a passage from a book. You then take this photocopy and fax it to me. The quality degradation is that same that will happen when you transcode from MP3 to Ogg.
    So if you have MP3s currently, either leave them as MP3, or re-rip them directly from the CD(You did pay for these songs, right? ;)

  11. Could be worse. by mellon · · Score: 5, Informative

    A couple of points:

    1. This is an open standard. It's just patented. Patents expire. Nobody is trying to prevent you from writing decoders - they just want to get paid for (I hope) work that they did in developing the technology, which is pretty cool, and which I don't think I could have invented on my own. I am not fond of software patents, but a patent on MP3 is not the same as a patent on one-click or xor cursors.

    Compare this to, for example, Real Media player, where the file format isn't *patented* - it's a trade secret. So if Real doesn't support your platform, you can't play real media. This is really awful - much worse than the patent situation with mp3.

    2. The royalty is quite reasonable. If you had to pay $0.75 for your copy of WinAMP, would that really seem unfair to you? That's the price of a can of coke, for Pete's sake! It it really that unfair?

    3. Like it or not, this is not going to kill MP3, because most MP3 players are commercial, licensed products, and there are a ton of them out there, and they don't support Vorbis. So you don't have to do anything to keep using your MP3s, but if you want to use Vorbis in protest, it's going to be very difficult.

    4. I have a large library of audio files that need to get published on the net. They're free, noncommercial, non-revenue-generating. I'll publish them at least in MP3 format, and maybe Ogg if I can get a good encoder. I have a feeling that if I publish Ogg, it's not going to get downloaded very much, but it'll be interesting to see.

  12. Re:i'm lazy, spell it out please. by Joseph+Vigneau · · Score: 5, Informative
    if I take a wav -> 128 bit mp3 -> 192 bit mp3 is the result of the 192 bit any worse than the 128?

    Almost certainly, yes. An encoder would use a different strategy to encode a 128 kbit MP3 and a 192 kbit MP3. If certain frequency ranges are discarded when encoding 128 kbit, and other frequency ranges when encoding 192kbit, if you encode to 128kbit, and decode/recode to 192kbit, you will lose both ranges of frequencies.

    why wouldn't you be able to produce an ogg from an mp3 that is no worse than the mp3?

    See above.

    I just don't buy the blanket argument that lossy -> lossy has to produce even more lossy.

    Depends on the nature of the lossiness, grasshopper.

  13. Re:Thank god for ogg! by Jucius+Maximus · · Score: 5, Informative
    "uh, glad i used wma since it better quality, just make sure you turn off the m$ secure digital contect 'feature'"

    You have been tricked. WMA is inferior quality but the encoder boosts the volume by 3 db which is known to make people think it sounds better.

    Now I think that WMA does a better job for very low bitrate compared to mp3 (but of course ogg rules here) but WMA, overall, is inferior quality.

  14. Re:Probable consequences? by ImaLamer · · Score: 4, Informative

    The issue isn't over freeware players, it's over the license.

    Winamp already has a license, and they don't pay 75 cents per download either. Winamp draws revenue because their mindshare gets people to winamp.com, AOL also pushes Winamp (they own Nullsoft now).

    You can pay the one time fee and continue to develop a freeware player, Thomson and Fraunhofer Gesellschaft want you to continue to use mp3, they don't want to kill it. They simply are letting people know that they want everyone to pay up.

    Is it kind of dumb to do this? Maybe, but you must understand this won't kill mp3. Your hardware mp3 player will come with the decoder license (of course) and your freeware player will have paid for it first too.

    Simply: just because the player is freeware doesn't mean the developers are poor. Nullsoft has AOL/TW behind them and Windows Media Player? I don't know anyone tighter with Fraunhofer.

    But, BTW: Ogg is just as good if not better than mp3. Maybe not as popular, but the fidelity is there.

  15. Re:i'm lazy, spell it out please. by pete-classic · · Score: 5, Informative

    Encoding quality isn't a simple analog scale from good to bad. When you convert from one lossy format to another you get the worst of both at best. Potentially you could have some mutual-reinforcement of quality problems.

    I've just gotten into this (ignored the MP3 bandwagon), but my plan is to use flac, a lossless encoder, then re-enc to the lossy format de jour as needed.

    -Peter

  16. Want to play your mp3 CDs in a few years? by Antity · · Score: 5, Informative

    MP3 only came up because it was available at low-to-no-cost. Regarding some of the patents, of course. Nobody would've had used it if they had charged this decoder fee from the very beginning, and they know!

    Do what I am going to do: Write a letter (paper!) to Fraunhofer and Thomson and explain your concerns.

    Yes, I know about Ogg Vorbis and stuff, but there's no reason not to protest against changed mp3 licenses.

    I don't want to re-compress all my mp3s to Ogg because this will reduce quality. So I will still have mp3s around in several years (don't mention all those CDs I burned). So this is an issue, since I will need a player/decoder to access them.

    Contact Fraunhofer:

    Fraunhofer Institut für Integrierte Schaltungen
    Am Wolfsmantel 33
    91058 Erlangen
    Germany
    Phone +49 (0) 91 31/7 76-0
    Fax +49 (0) 91 31/7 76-9 99
    Email: info@iis.fhg.de

    (Interesting: On the English homepage, their postal address doesn't show up - only eMail addresses. On the German homepage, it does.)

    Contact Thomson:

    Thomson multimedia
    16935 W. Bernardo Drive # 103
    San Diego, CA 92127
    USA
    Fax: +1.858.451.6916
    Email: info@mp3licensing.com
    --
    42. Easy. What is 32 + 8 + 2?
  17. Re: They've got a good racket going... by Antity · · Score: 5, Informative

    Actually the Fraunhofer institute did make it clear that their software was patented from the very start.

    I think you're missing a very important fact here: Algorithms as employed in the MP3 format were NOT patentable in many countries when MP3 first showed up and Fraunhofer's reference implementation was published.

    I'm really glad that not that many countries have jumped that US "you can patent everything, including algorithms and IP" train even yet.

    --
    42. Easy. What is 32 + 8 + 2?
  18. Re:Thank god for ogg! by Karellen · · Score: 5, Informative

    You don't want to encode mp3 to ogg; the artifacts that both introduce when multiplied together can be _really_ nasty, much more so than the individual artifacts.

    Re-rip your CD collection from scratch, and encode directly to .ogg - it'll be a better encoding, and no need for an mp3 decoder.

    --
    Why doesn't the gene pool have a life guard?
  19. Now that I've finally gotten a chance to comment.. by Sc00ter · · Score: 5, Informative
    It's probably to late since there's so many and mine will get lost.. but here it goes..

    First off, like somebody said, this has always been the case, but there was no enforcement. So it's really not new.. As far as hardware players, a LOT of them use chips made by other companies (like TI or whatever). Now, I would think that TI would have to pay, not the company selling the MP3 players made with the device.. so then they charge the company making the player with their device an extra $0.75 and so on until you pay when you get the player. And being such a big company like TI or the others that make MP3 decoding chips, I would think they would have worked out patent stuff before, and since they were charging (just not enforcing) I bet that this is already happening.

    The real bind is when it comes to software, and they've been doing this with encoding, and stuff like BLADE and LAME are still around and kicking, so I don't see why things like XMMS and mpeg123 would be effected.. I think RedHat's move is silly, but that's just me.