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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."
http://www.vorbis.com/
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It seems like we have the cart leading the horse. Inventors are now embedding their ideas into standards, waiting until adoption, and then enforcing their monopoly.
This is dirty pool, and I hope it doesn't last.
"Learning is not compulsory... neither is survival."
--Dr.W.Edwards Deming
I wonder if distributions made on countries that do not accept software patents can still include MP3 decoders. That would, of course, mean the end of sales of this distributions on the US, or the development of US versions and "patent infringing" versions of the distributions, the same way there was a strong and weak crypto version of RH. I live in a country where (until the US forces us to change our laws) we do not believe that software or algorithmic ideas can be patented, and we have our own distros. I wouldnt like these distros to change just because of US laws and the US market.
This won't kill MP3. This has been in effect for years now, I have NO idea why /. thinks this is news, that page hasn't even changed. Research much? Anyway, Mp3 ius entrenched, and end users still aren't being hurt, unless they have to pay for their sw mp3 player, but there will always be a huge company like AOL (WinAmp) who is willing to foot the bill. FhG has had this rule in effect, they just haven't enforced it on tiny players.
You know, this is actually pretty cheap. I had no idea how inexpensive this was...I thought Fraunhaufer & Co were taking a percentage of your company's profits a la Unisys, or a per song cost. $.75 per player is nothing...I have a dozen players, hardware & software alike, and they all amount to under $10. Not bad, considering how great the technology behind MP3 is.
Sure, they're profiteering, but they're profiteering off of a format they helped produce and thought to patent. MP3 encoding isn't exactly no duh stuff like hyperlinks or LZW compression (which is essentially a really fast look up table). And sure, there's Ogg, but I don't like the sound as much and my consumer devices don't support it.
You can bitch and moan about how this will kill mp3, but I think it's obvious nothing will kill MP3 -- the technology is too widely supported. What it means, though, is that GPL'd and other free decoders are going to have to ammend the license to be sure Fraunhoffer gets its money. This is a perfect time to test whether or not the GPL can play nice in the IP pool.
Hey freaks: now you're ju
I continually am amazed at firms that do this. Does not even the lowly geek admin at this place realize this will eventually kill mp3 as a used format, thus killing their source of revenue?
If they don't charge they have zero revenue. Charging $0.75 a decoder or $50k to $60 one time fee isn't that big of a deal for commercial companies making decoders. The only ones this hurt is the open source and free decoders, and they aren't making money from those anyway.
I agree that charging fees after the format is underhanded, and possibly grounds for anti-trust violations, but giving it away for free isn't exactly a great business decision either.
Now, one could convincingly argue that software patents shouldn't be allowed in the first place, or that they should have shorter terms, or that the patent office doesn't do a competent job of checking for obviousness or prior art. I'd probably agree. But the fact remains that any damage done by patents is at worst a temporary setback to everyone else, not an irretrievable disaster.
At some point, MP3s will no longer be encumbered by patents.
People take mp3s for granted now, but the patents involved cover real innovation, not bullshit like the one-click Amazon patents, or such.
I know a lot of people are hoping that .ogg will prevail as a result of this but unfortunately I fear something much worse.
.wma format. On P2P systems and from friends. It brings back chilling memories of the not so long ago pre-decent-office-suite-4-linux days where I had to continually bitch and moan in vain that I'm not able to make use of a particular format.
.ogg will be there to save the day if it disappears. I have yet to see one single .ogg file EVER availble for download on a P2P system but I have seen the occasional .wma. So windows media is gradually gaining acceptance. If mp3s die out I highly doubt .ogg has a good chance to take it's place.
I'm already seeing a ton of songs in
Mp3 is still the most dominant format but I honestly don't think
--
Garett
The problem isn't the patents themselves. I have not heard anyone dispute any innovation that may have resulted in these patents.
The problem is the way that these patents were handled. Patents that are not enforced immediately should be automatically revoked by law. Protect them immediately, or lose them.
The use of MP3 wasn't low profile. People weren't using the patents without the patent holders knowlege.
IMHO, this is WORSE than the Amazon patents.
Actually the Fraunhofer institute did make it clear that their software was patented from the very start. The Mp3 phenomena started when someone took code that was clearly marked as proprietary, for non commercial use only and married it to a CD ripper.
The basic problem we have here is that the whole MP3 world started with people who were pretty careless about intellectual property in general. They wanted free music and they just saw MP3 as a way to get it. Napster wanter to make billions by helping consumers rip off the record labels, their due dilligence and understanding of IP turned out to be as naive as their understanding of business models.
Much as I would love to say this is a GIF type submarine patent issue, unfortunately it is not. MP3 is a part of the MPEG standard and the fact that a license was required was spelled out in advance. All you had to do was read the specification.
As a general principle the GIF situation is indefensible. The designers of GIF should have had available to them the fact that a patent had been applied for. It is only the corrupt rules of the USPTO that allowed this information to be kept secret.
Maybe if Napster and the rest of the MP3 scene had been a bit more concerned about IP issues in general then they would have realized that using a proprietary scheme would risk giving control over the technology to a private interest. In effect a non-essential patent was converted into an essential patent that every hardware vendor now has to license.
I would prefer to use Ogg or WMA simply because they are better schemes, fewer bits for the same quality. But my Archos device only supports MP3 so that is what I rip to.
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How is a $0.75 fee per decoder gonna impact MP3 players, exactly? Do you think that *anybody, manufacturer or buyer, is gonna notice $0.75 in a several hundred dollar product? Come on.
The user won't notice, most likely. However, if you notice, the minimum annual licensing is $15,000 US per year. So even if a manufacturer's product flops, they have to shell out 15 grand anyway. And if the product does well, say it ships 2 million units, that's $1.5 Million dollars in royalties.
When presented with those options, which one would you pick? Some people, especially much smaller companies, will go with the royalty-free solution.
do this experiment... Open a photo, save as a low-quality quality JPEG. Repeat 3 times. Look at photo. It gets worse every time.
DO NOT DISTURB THE SE
So, are you going to donate the $60K to SPI so that Debian can redistribute xmms? I'd guess not. This won't kill MP3, but it will kill MP3 with free software. Oh well...
Yes, the have the patent, and the right to license the patent as they choose. Their choice (make it free until it's widely used, then start charging money) makes them assholes. This is exactly what happens when you start relying on patented technology, and proves that the folks over at Xiph were right all along.
As far as $0.75/per unit being trivial, you should investigate the economics of consumer electronics. That $0.75 might well be half the profit on a low-end device.
Can we just delete this whole news article?
Or moderate this posts as +5 Dumb, Redundant?
Winamp (Nullsoft) already paid for the license. They want mindshare, they don't want to collect per client.
Many clients have already paid because this isn't news.
Get your Unix fortune now!
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.
Couple of points here: 1a. Patents expire in 20 years with an option to renew; in practical terms they don't expire especially when it comes to software. 1b. Patent on MP3 is the same as a patent on one-click in that they are both patents on software. They both claim patents on logic, algorithm, functions, whatever you want to call it.
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?
This is purely subjective. I'm sure if the patent license is enforced winamp will come up with a free version that's ad-bloated (plays an ad mp3 after each of your selected mp3s, popups, unders, etc), or paid subscription model like Real did awhile ago. Now, this may be completely reasonable to you, but others who have been playing their mp3s without having to pay for patent royalties or get annoyed by advertizers will not appreciate the change. So they will switch to Windows Media Player which will include the patent payment in the OS price (antitrust?), which will also force them to listen to and encode in WMA.
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.
I don't think it's going to be MP3 vs OGG, it's going to be MP3 vs WMA and good luck beating MS in this game. Just like I said above. Also, consider MS requiring you to use their DRM with WMAs when or as they get a hold of some market share. This will bring up so many issues it's a topic of several separate discussions.
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.
At least help advertize Ogg. Can't hurt. BTW what is wrong with the xiph.org's ogg encoder?
Call me when my Apex AD600A or my Rio Volt SP90 will start playing Ogg. Without hardware support, it'll go nowhere. (I'm not saying it couldn't happen, but it most definitely is not there yet.)
20 January 2017: the End of an Error.
Expensive discs (per MB, compared to CD-R), expensive players (compared to MP3-capable CD players), proprietary format controlled by evil giant Sony, none of my friends have them, can't store them on my hard drive, can't download them off the 'net, can't burn to audio CD (without going to analog or using a pro CD burner which defeats SCMS), what's to like?
Hey kids, there's only 5 days left 'til Yak Shaving Day!
Except that XMMS is not an MP3 player. It happens to have an MP3 decoder bundled with it as an input module -- and it happens that MP3s are what most people use it for -- but it can decode a *ton* of other formats, OGG included, and as a player it won't die. Just take the MP3 module out of the distribution.
V