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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."

36 of 1,153 comments (clear)

  1. Portable Ogg-based players? by thesolo · · Score: 5, Interesting

    I'm hoping that this decision will result in (more?) portable Ogg-based players hitting the market! I would have purchased an iPod immediately had it supported Ogg; however, it didn't, and I was not about to convert my music back to MP3 just for it.

    If anyone knows of any portable players that support Ogg Vorbis, please post below! Thank You!

    1. 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/
    2. Re:Portable Ogg-based players? by thesolo · · Score: 5, Insightful

      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.

  2. There outta be a law... by EvilTwinSkippy · · Score: 5, Insightful
    I thought the whole idea of patent law was to get new ideas to market by providing a temporary monopoly to the creator.

    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
    1. Re:There outta be a law... by mshiltonj · · Score: 5, Insightful

      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.


      I agree with you completely. Unfortunately, I think it will last. We, as techies and as citizens, will need to more vigilant determining what we will adopt as 'standard'.

      JPG, GIF, MP3, etc. We have to learn the lesson eventually.

      More evidence to oppose the W3C RAND lisencing proposal.

  3. What about overseas distributions? by Karpe · · Score: 5, Insightful

    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.

  4. Re:Do they not realize the effect of this? by PunkXRock · · Score: 5, Insightful

    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.

  5. 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.
  6. Re:Do they not realize the effect of this? by flatrock · · Score: 5, Insightful

    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.

  7. 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.
  8. The far side of patents by koreth · · Score: 5, Insightful
    One thing everyone seems to forget in this kind of discussion: patents expire. I remember lots of hubbub about the RSA patents on public-key encryption. Well, they came, they went, and the world didn't end in the meantime. Now everyone is free to use those algorithms with no worries about patent infringement.

    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.

    1. Re:The far side of patents by Kindaian · · Score: 5, Insightful

      The problem is that if a industrial patent has a expiration time of 25 years and that is reasonable, because it covers 1 or 2 generations of technology at the most, in the IT industry it isn't, because it covers something between 6 to 10 generations of software...

      And that is way to much time to wait for a patent to expire... [and effectivelly kills the usability of the technology or the patent system].

      Cheers...

      P.S.- I'm not against software patents (per si), just against stupid patents and the patent expiration time...

    2. Re:The far side of patents by coyote-san · · Score: 5, Insightful

      There's two small problems with this idea.

      First, patents were orginally keyed to the length of your working life. You would spend decades becoming a master of your field, then a patent would protect you during the remainder of your working life. Meanwhile your apprentices would learn this new skill, then extend the art as they became masters.

      That worked fine until Britain changed the length of patents to 100 years, to protect some key industries. The net result was that the British industry stalled while Germany (a nation of scofflaws that ignored British IP rights) went from an agarian society to an industrial one.

      In this field, your working life is closer to 15 years, with maybe 5 years from your first paying job to when you're (usually) considered to be a fully competent journeyman capable of being "the master" at most reasonably complex shops. The high end is softer, but there's definitely a bias against older programmers. You start to notice it at 35, and it's a real problem at 40.

      By this measure, a patent should last maybe 7-10 years, max. Long enough to drive a generation or two of your product, but not so long that a person who just started out when you got your patent can't build on it during their working lifetime.

      But this brings up the second point - copyrights used to have a reasonable limit, but for all practical purposes they're now essentially eternal. Maybe the law won't extend the term of copyrights yet again, but I probably won't live long enough for anything written during my lifetime - or even substantially before it - to enter the public domain.

      If this stands, I expect to see patent law soon follow. This might be tolerable if patents covered legitimate innovations, but not with the current Patent Office of approving virtually every patent that crosses their desk and letting the courts decide which ones are valid.

      --
      For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  9. Lawsuit waiting to happen? by TibbonZero · · Score: 5, Funny

    Perhaps they are just getting their legal team cracking, and are just waiting for the right time to strike..
    Odd, sueing someone over the IP of something that has caused more IP problems than anything else in history.

    --
    Tibbon
    tibbon.com
  10. 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.

  11. Where's the facts? by Lxy · · Score: 5, Interesting

    Ok. Most people have figured out by now that these prices have been up for a long time. Is there A) any evidence that open source decoders (like mpg123) are being bullied around, and B) any official statement from Redhat that they're intentionally pulling MP3 decoders from Rawhide?

    --

    There is no reasonable defense against an idiot with an agenda
    :wq
  12. The definition of irony... by Anonymous Coward · · Score: 5, Funny

    ...scads of people who have no problem whatsoever pirating hundreds of gigabytes of $19 CD's throwing a tizzy fit over the notion that someone else might have to pay $0.75.

  13. Re:Thank god for ogg! by cheezus · · Score: 5, Funny

    a mp3->ogg converter would still need to decode the mp3.

    you want to cough up the $0.75?

    --
    /bin/fortune | slashdotsig.sh
  14. 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.

  15. Re:They've got a good racket going... by MisterBlister · · Score: 5, Insightful
    Racket? If you ask me, the mp3 patents are some of the few decent patents we regularly hear about.

    People take mp3s for granted now, but the patents involved cover real innovation, not bullshit like the one-click Amazon patents, or such.

  16. 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
  17. 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.

  18. 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.

  19. 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.

  20. 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

  21. 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?
  22. Hold the phone. by johnlcallaway · · Score: 5, Interesting
    From their own site :
    Q. Do I need a license to stream mp3/mp3PRO encoded content over the Internet?

    Yes. A license is needed for commercial (i.e., revenue-generating) use of mp3 / mp3PRO in real time broadcasting (terrestrial, satellite, cable and/or any other media), broadcasting / streaming via Internet, intranets and/or other networks or in other electronic content distribution systems, such as pay-audio or audio-on-demand applications.

    However, no license is needed for private, non-commercial activities (e.g., home-entertainment, receiving broadcasts and creating a personal music library), not generating revenue or other consideration of any kind or for entities with an annual gross revenue less than US$ 100 000.00.(emphasis mine)
    Does this mean that open source free ware is still...well...free??
    --
    I rarely read replies, it's my opinion and if you thought about your opinion a little more, I'm OK with that.
  23. Re:Hmm. Not bad. by V.+Mole · · Score: 5, Insightful

    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.

  24. 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?
  25. Re:Winamp has been ready for this for a while... by ImaLamer · · Score: 5, Insightful

    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.

  26. Re:Show your support for this petition then. by Melantha_Bacchae · · Score: 5, Interesting

    Don't waste your time with "hardware manufacturers". Convince Apple to include Ogg Vorbis support on the iPod.

    As soon as an iPod with Ogg Vorbis is released, you can bet the rest of the mp3 player manufacturers will be scrambling to get it on their products.

    Such is the power of Apple.

    "Godzilla and Jaguar: Punch! Punch! Punch! Hit! Hit! Hit!
    We die if they stop fighting for us."
    Jet Jaguar Song, "Godzilla vs. Megalon"

  27. 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?
  28. Re:Probable consequences? by ncc74656 · · Score: 5, Insightful
    Ogg is most definitely "there yet."

    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.
  29. MiniDisc? by ShavenYak · · Score: 5, Insightful

    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!
  30. 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.

  31. Xiph's reply by patrikr · · Score: 5, Funny

    The guys over at Xiph.org have posted a reply, in the form of a highly sarcastic open letter to Thompson. :)

    --
    All Glory To The Hypnotoad!