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Real Pays For Legal MP3 Playback On Linux

kforeman (aka Kevin Foreman, GM of Helix RealNetworks, Inc.) writes "As part of the free RealPlayer 10 for Linux, Real has paid Thomson for a legal MP3 playback license and then includes it at no cost as part of the newly released RealPlayer 10. As I speak to people, many are under the false impression that MP3 playback patent and royalty rights are free, since there are open source implementations of MP3 playback available. Not true. Nonetheless, we are glad to do our part of making the Linux desktop a first class citizen by legally providing MP3 playback to users via our new RealPlayer."

29 of 618 comments (clear)

  1. Distributions? by dorward · · Score: 4, Insightful

    I wonder if Real are positioning themselves to get their client distributed with distributions. We might finally see Fedora (et al) with an mp3 player.

    I wonder what the license says about redistributing the client? Would Fedora et al be able to distribute it?

    In the meantime, I'll stick to Gentoo since they are happy to provide source code for all sorts of mp3 players.

    1. Re:Distributions? by Nichotin · · Score: 5, Insightful

      "We" should be careful with bundling proprietary applications that are free to use. You end up using all the proprietary applications, and freedom will vanish. It will also slow down Linux adoption on other platforms if the applications people use are proprietary.

    2. Re:Distributions? by Anonymous Coward · · Score: 2, Insightful

      While you are right with that point...

      Realplayer, except for the codecs, is now FREE SOFTWARE!

      It's all good as far as I am conscerned if you want to use Helix player.

      Realplayer is helix player + the ability to use the reaplayer format.

      Don't forget that. Helix player is also aviable by default for Fedora. Their nasty days are over as far as that product is concerned, there is not even a request for e-mail address or registration anymore. Completely free software.

      Of course if Reaplay was actually cool they would release Realplay format as a open format and make it so that Realplayer and it's codecs were free, instead of just Helix player.

    3. Re:Distributions? by jc42 · · Score: 4, Insightful


      Ok, people fall into at least 1 of 2 camps.
      1. Zealot: use Free software no matter how painful.
      2. "Normal": use whatever software does the best job, is easiest to use, etc.


      No, #2 should be called "geek". The real definition of "normal" is:

      3. "Normal": Use whatever came with the computer they bought because it was heavily advertised and "everyone uses it". If they can't find software to do the job, they copy some app from a buddy's machine, or as a last resort laboriously download something from whatever web site their browser directed them to.

      A major part of the problem with the "market" arguments is that for most people, there really is no market for software. That is, people don't decide in any meaningful sense what software to use, and they don't make informed choices among competing apps (or OSs). They are totally baffled by the supposed "market", and mostly just use whatever someone offers them.

      In the computing field, doing comparison shopping immediately qualifies one for the "geek" label.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  2. Re:MP3 Playback IS Free... by Anonymous Coward · · Score: 5, Insightful

    There's a sizeable difference between being able to do it and being able to do it legally.

  3. oh well by indianropeburn · · Score: 5, Insightful

    This still doesn't make Real Player a good choice for media playback.

  4. Re:no surprise by antifoidulus · · Score: 2, Insightful

    Um, the people who have the patents are the ones that made the standard. They didn't have to publish it at all if they didn't want to. If you don't like the fact that MP3 is patented, use OGG or other non-patented formats. The MP3 patent isn't like one-click where they patented something very obvious(such as a digital form for storing music), they patented their algorithm. Like I said, it's not the only algorithm available, and if you don't like the patent, don't use the stuff. Simple as that. Not everyone enjoys publishing their ideas just so free software can "borrow" them......

  5. Props to them by m50d · · Score: 3, Insightful
    They've done a very good thing for linux here. I say ta very much to them.

    And yet the slashbots will still find a way to make them appear evil. After all, they're competing with apple.

    --
    I am trolling
    1. Re:Props to them by Kjella · · Score: 3, Insightful

      And yet the slashbots will still find a way to make them appear evil.

      I'm sorry, but there's something to "Fool me once, shame on you. Fool me twice, shame on me." No matter how apparently good Real is acting, I ask "What are they trying to pull now?" Lock-in? Bait and switch? Embrace and extend? I mean if I got to pick my brand of poison among closed source and DRM, the ranking is:

      1. Apple, the "benevolent" master. Not really all that angelic as the slashdot crowd say they are, but at least they pretend not to be harsh.

      2. Microsoft, menacing and harsh, but at least you know where you got them. One Microsoft way, all the way. The sheer market power makes you their puppet.

      3. Real, the sleezy and creepy master. Isn't the menacing type, but you never knows what he'll do next. The kind you should fear with good reason.

      Of course, there should be an option "none of the above"....

      Kjella

      --
      Live today, because you never know what tomorrow brings
    2. Re:Props to them by cgenman · · Score: 2, Insightful

      Real has been doing a good job of turning themselves around recently. They've gone from one of the most bloated, dated, spyware-riddled, unstable, closed application to a less-bloated, more modern, more reliable application. Real went from being a colonizer of people's machines to a well-behaved tool. I've even started using their app again to play back Real files (despite the existence of Real Alternative).

      And now they have a linux client. And they paid Thompson for MP3 playback rights on their Linux app to boot. They are a major desktop player and they're now supporting Linux. Good for them.

      Dear Slashdot: get some perspective. This is a good thing for Linux, which somebody at Real decided to stick their neck out to do. Grow up a little and accept that non-Stallman software can be a good thing for the platform.

    3. Re:Props to them by IamTheRealMike · · Score: 4, Insightful
      Apple isn't benevolent in the slightest. They haven't supported Linux whatsoever, and have actively required companies writing software for Linux to license their patents.

      Sorry, but of all of them only Real is actually trying to improve - Apple just coast along on the basis of their fans ludicrous brand loyalty, Microsoft coast along on the basis of their monopoly and piles of cash, meanwhile Real has been contributing to open source and cleaning up their software, as well as making it portable to Linux. I say, good for them, and I'm certainly willing to give them a second chance.

  6. Re:Real by Anonymous Coward · · Score: 1, Insightful

    great please tell me how to get my audiotron to play ogg's, oh and my ipod.

    STFU about ogg until you can play them on all the popular hardware.

    Oh why does my car stereo not play ogg's? got a firmware upgrade for it?

    no?

    nobody and I mean NOBODY gives a shit about OGG.

    until it is playable in all portable, car and home players it is as good as non-existant.

  7. Re:Don't need a license for personal use anyway by Lumpy · · Score: 4, Insightful

    And, if you don't want to be sued, use a free and better lossy format (e.g.: Ogg Vorbis for music or Ogg Speex for speech).


    you mean if you do not want to use your portable devices anymore use OGG.

    I love ogg, but it is worthless to 90% of us that use mp3.

    my car stereo does not support it, my home stereo's high end player does not support it and the 5 different portable players in the house does not support it.

    therefore it is not a choice.

    Until people pester the hell out of the player makers to support ogg, it will stay a special segment that very few use.

    players like the audiotron and other home stero players can support it but the developers are being asses and refuse to add it. many portables certianly have the power to use it and again, the makers are intentionally refusing to use it.

    until large numbers of people ask for OGG support and flood the support channels of the player makers it will never be supported.

    I suggest that many here pice a few mp3 player makers and get at least 5 friends to mail the support email address asking for ogg support.

    Until then, OGG is not the answer to anyone.

    --
    Do not look at laser with remaining good eye.
  8. Re:no surprise by sepluv · · Score: 4, Insightful
    If you don't like people "borrowing" your stuff, keep it to yourself.
    Actually the whole point of a patent is that you invent something that takes time and effort and you tell everyone about it instead of keeping it a trade secret. As a reward for not keeping it to yourself, you are given a monopoly on it for a few years (stopping others from using your idea).

    Of course, this patent is not really a valid patent as it is not on an invention (and didn't take time and effort and there's probably prior art and it would likely not have been kept a trade secret).

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  9. Re:Stay away from Linux by Anonymous Coward · · Score: 1, Insightful

    While you've got your +5 Funny, Real has been making a concerted effort to put out some good software lately. They've have removed the components that gave them a bad rap, and have been trying to do some decent things.

    I say it is probably time for people to give them a fair chance again. After all, before Microsoft it was IBM that was the bane of computer geeks everywhere... and look at them now. If IBM can change their spots, then maybe Real can too.

  10. Re:no surprise by miskatonic+alumnus · · Score: 2, Insightful

    Bingo! Software copyrights are understandable. Software patents are ridiculous.

    I'm very choosy about which laws I break.

  11. Re:Sorry folks... by Chris_Jefferson · · Score: 2, Insightful

    There actually isn't any spyware in the most recent versions, and they've got a lot less bloated. I'll be the first to admit Real used to be one of the worst companies around, but they really do seem to have improved recently.

    --
    Combination - fun iPhone puzzling
  12. No idea by Dr.Opveter · · Score: 2, Insightful

    I have no idea what kind of linux users Real is trying to appeal to. Is there anyone out here remotely interested in running Real software on their Linux distro?

    --
    Sample this!
  13. What about live streaming? by Gallech · · Score: 3, Insightful
    A couple of things...firstly, the Real Helix 10 player is not as adware-intensive as the old RealOne player. In fact, I'd say its pretty clean.

    Secondly, there is a big difference between a simple MP3 or Ogg Vorbis capable client and an actual stream player. Playing your MP3s and movies off your hard drive is not the end all of streaming...in fact, its not really streaming at all, but rather decoding and/or progressive downloading. How about live streaming from an actual broadcast? For that, you need an actual stream client: Windows Media Player, Real Player, Quick Time, and Flash with its content server.

    Besides Real Helix, what other live network stream clients with actual stream servers are there for Linux? Unless we can name a couple of decent live streaming alternatives, perhaps we shouldn't be so quick to slam everything Real does?

  14. Re:Real by Twanfox · · Score: 2, Insightful

    I listened to MP3 vs Ogg. Yes, I've heard a difference in clarity at low encoding rates. Yes, I've also not noticed much of a difference at higher encoding rates (say, 160bps variable in MP3). What I have noticed is that, while I would prefer to encode my things to Ogg, the lack of HARDWARE that natively supports the Ogg format is a serious drawback.

    One of the little toys on my wish list does have Ogg support, but 99% of my music has been ripped in MP3 format. Converting that to Ogg gets me nothing. Reripping it in Ogg costs me time. What do I get out of it? I can play it on a computer, and I can play it on an iRiver. I cannot burn a DVD and drop it in my stereo to play many hours of music through far better than my computer speakers. To me, that's a waste of time for only marginal improvements.

    Ogg may be technically better, but until it's pushed into hardware playback devices more than it has been, it will always remain a format for audiophiles willing to put up with the incompatabilities just to listen to music.

  15. Re:no surprise by ajs318 · · Score: 2, Insightful
    Um, the people who have the patents are the ones that made the standard. They didn't have to publish it at all if they didn't want to.
    No, they didn't have to publish it. But what if someone else discovered the algorithm independently? The ugly {well, ugly for fatcat corporations; for mathematicians and scientists, it's really quite beautiful} fact is, MP3 encoding and decoding are nothing more than mathematical processes and as such should fall squarely outside the scope of patentability in any country with a halfway-sane legal system. Otherwise, what's to stop someone from patenting any other mathematical process?

    I know! I'll claim a patent on "adding one to something" and charge a licence fee every time anyone adds one to anything. I'll also patent adding two and subtracting one; adding 0.5 twice; doubling, adding two and halving, and a few other methods anyone might use to "get around" the licence restrictions. I won't licence the "workarounds" at all, because anybody using those methods clearly is a thief and a cheat.
    The MP3 patent isn't like one-click where they patented something very obvious(such as a digital form for storing music), they patented their algorithm.
    It may not be obvious to you, but it's still a mathematical process and as such, it belongs to the universe. In fact, it's only not obvious if you're not an advanced enough mathematician to see straight away how it works.
    --
    Je fume. Tu fumes. Nous fûmes!
  16. I actually have to give them credit. by Ayanami+Rei · · Score: 4, Insightful

    They have always put out their product on linux, it usually worked more consistently than a flash plugin, and IIRC it was always declawed (because they knew how picky we are about that sort of thing, and that'd we'd notice).

    Not that I used it all that much what with mplayer and all, but it was nice to think they weren't complete jerks.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  17. Re:Real by ZephyrXero · · Score: 3, Insightful

    The only way Ogg Vorbis is ever going to take off is if people start using them heavily and demand that it be included in their players. If everyone just waits around for it to happen, it never will.

    --
    "A truly wise man realizes he knows nothing."
  18. Re:Don't need a license for personal use anyway by WWWWolf · · Score: 1, Insightful
    I love ogg, but it is worthless to 90% of us that use mp3. ... my home stereo's high end player does not support it

    And I bet the MP3s sound just wonderful on this high end player. Chirp chirp, schwoosch =)

  19. Re:no surprise by Anonymous Coward · · Score: 1, Insightful

    because they weren't enforcing their IP rights, people figured they were up for grabs.

    Well, then those people were mistaken.

    Somebody correct me if I'm wrong here, but if you give away an intellectual property right, isn't taking it back legally questionable?

    Ok, you're wrong. You are confusing patents, trademarks, and copyright.

    Thomson has a patent on mp3 algorithms. If you want to use their algorithms while the patent is valid, you need to get their approval. If thomson decides not to enforce their rights today, that doesn't stop them from enforcing their rights tomorrow. Patents last about 20 years.

    Trademarks can last forever, like Coke, but, trademarks can be lost if they are not enforced and they moved into the public domain.

    For example, Xerox dominated the photocopier market so much that many people began to use xerox as a verb (go xerox this for me).

    Or kleenex instead of tissue. Or "google this for me" instead of "search google for this"

    If a trademark is not defended, it can be lost, but you are not obligated to defend a patent. Your right to seek damages for patent infringment is not diluted by time.

  20. Re:no surprise by Anonymous Coward · · Score: 1, Insightful

    Questionable is the right word for this. If you let your invention to slip out without protecting it and it becomes part of "popular culture", then you can lose your patent. It all depends on what kind of mood the judge is in

    Not at all. You are confusing trademarks and patents.

    If you let your trademark slip out without protecting it and it becomes part of "popular culture", then you can lose your trademark.

    Patents have no such restriction.

  21. Re:buffered stuff.. by pclminion · · Score: 4, Insightful
    Yes... WinAmp tried very hard to look like a physical device that never even existed.

    Does a word processing program have a picture of a typewriter that you have to click on in order to type characters? So why the fuck does an MP3 player have to look like a stereo deck?

  22. Re:no surprise by jtev · · Score: 2, Insightful

    Nor does the end of the promotion end the fact that you own the bannanas you bought. What the MP3 people are doing is giving bannanas away, and when everyone has taken bannanas charging them for the bannanas taken while they were giving them away because they are no longer giving bannanas away. Totaly different situation.

    --
    That which is done from love exists beyond good and evil
  23. Re:buffered stuff.. by PaleBoy · · Score: 3, Insightful

    Computers don't have an image of a typewriter, but they DO have a keyboard, which is designed in the same manner as a typewriter, slow key placement and all...

    There is a lot to be said for designing things based on user expectations of utility. Having buttons that reflect buttons that users have experienced on previous audio equipment is not a dumb idea at all.

    Certainly you can improve upon and modify the interface to reflect it's new environment (the Ipod for portable mp3 players, for example), but users like to be able to pick up something and have it work. In order for that to happen, there needs to be some familiarity.
    --
    ------ What's sadder than realizing you've filtered out your own comments?