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Do "Illegal" Codecs Actually Scare Linux Users?

jammag writes "In this article, Adrian Kingsley-Hughes points out why he keeps giving money to Microsoft and Apple despite the clear advantages of Linux: the scary legalese dialogs you have to click through to install codecs for common multimedia formats. Quoting: 'Despite strong points that go far beyond price, Linux falls short when it comes to legally supporting file formats such as MP3, WMA/WMV and DVDs.' He talks about using Ubuntu and booting up Totem Movie Player, only to be confronted with a burst of legalese about what a hardened criminal he'll be if he uses Totem without a license. This problem is 'a deal breaker' for him."

73 of 510 comments (clear)

  1. Not just linux by Pyrrus · · Score: 4, Insightful

    Almost all software (especially proprietary) requires you to click through a EULA that threatens to assult you with lawyers if you don't play nice.

    1. Re:Not just linux by plague3106 · · Score: 5, Informative

      This isn't the same; this is "by using this software you MAY in fact be breaking the law, and assume all responsibility." Not quite "copying this software is illegal."

    2. Re:Not just linux by Znork · · Score: 4, Insightful

      Of course, the proprietary software may very well be violating various patents as well, so technically they should pop up the same disclaimers. FLOSS just tends to be slightly more nitpicky about being excessively verbose and honest with these issues (not to mention that part of the intent is quite likely to make end users aware of the actual damage the patent system causes).

      That said, I dont think I've even heard of any end-user of a product, ever, being successfully sued for any kind of patent infringement. With common licensing deals in the range of a few cents to a few percent per copy, lawsuits against end-users would be a massively unprofitable prospect.

    3. Re:Not just linux by zrl · · Score: 3, Funny

      feel free to use any of the opensource codecs. they are written from scracth or reverse engineering. Well as long as you are using them for personal, not commercial purpose. Am I wrong? I don't really care anyway, I'm a communist.

    4. Re:Not just linux by ToiletDuk · · Score: 2, Insightful

      Not every company uses computers solely for data entry. Some jobs in the tech industry actually require people to read media files on their work PCs. What if you need to share data with colleagues? Download voicemail messages? Watch video captures of software bugs occurring? At my job all our bugs come in with WMV files attached. If I couldn't view those videos, it would significantly impede my ability to do my job.

    5. Re:Not just linux by ak3ldama · · Score: 5, Funny

      Oh, Yes. The author is a pussy and you are such a brave man. I am in awe in front of your bold and fearless attitude. I mean... it certainly takes a lot of courage to break the law when you are almost certain that you'll never get caught. Not a lot of person would dare to click on "I agree". You are a hero. Yes, Anonymous Cowards unite! Call out other people for being weak, tell them you do not respect them and tell them they have no courage! If you persist in your efforts eventually every one will realize that the only people with a backbone and any respectability are those that post anonymously. You, AC, are my hero.

      Pathetic wastes of life aside, I think the author does have a point. So does everyone else, These projects redistributing these codecs have no direct relation to groups such as Microsoft who we would need to be a licensee under to use WMV. At the same time, the usage of widely available information under these codecs should be handled better in the future so that a user of open source software can become a legal user. In all likely hood this probably doesn't matter. By downloading the codec we likely become a user of the EULA anyways even if we don't see it and click accept. It is our responsibility to read it. IANAL so what I said is likely wrong, or merely half truths. The point being companies have some responsibility to society to be fair with their creations ... just because Microsoft may not want their codec used on non authorized platforms doesn't make their stance just. A lawyer once told me though, that laws and court rooms don't care about whats right and fair, they just care about interpreting the law correctly.

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    6. Re:Not just linux by daem0n1x · · Score: 4, Funny

      And I always pay royalties for my open-source MP3 players. How much is 10% of zero?

    7. Re:Not just linux by init100 · · Score: 2, Informative

      Proprietary software vendors also tend to idemnify their users, in case the software actually does infringe on some patent

      Sure, but isn't that usually limited to the amount paid for the product? So if you buy Windows for $100, and you are sued for patent infringement, Microsoft at most supplies $100 for your legal defense.

    8. Re:Not just linux by init100 · · Score: 5, Informative

      Royalties are frequenlt a fixed amount per product instance, not a percentage of the price.

      I guess people learned not to do that from SpyGlass, which sold Internet Explorer to Microsoft for a percentage of the revenue. Microsoft gave it away and didn't pay a cent.

    9. Re:Not just linux by immcintosh · · Score: 2, Insightful

      Well, there's also the point that companies like Microsoft generally indemnify their users from potential patent/trademark/bullshit infringement incurred while operating the software, which means that they really don't have much of a responsibility to notify you when that might in fact take place. Not so with most open source deals. Especially, now that I think of it, considering the fact that you the USER produce the actual binary most of the time with open source, meaning that you might be seen differently in a legal sense from somebody using a pre-packaged binary from a third party. Just some thoughts on the matter.

    10. Re:Not just linux by irc.goatse.cx+troll · · Score: 2

      All the big names pay the royalties for you. Apple (iTunes), AOL(Winamp), etc all have big bulk deals that allow them to distribute their product for free while they just pay all at once.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    11. Re:Not just linux by sorak · · Score: 2, Insightful

      Of course, the proprietary software may very well be violating various patents as well, so technically they should pop up the same disclaimers.

      IANAL, but doesn't commercial software provide indemnification against lawsuits directed at the end-user? That was a big part of the whole SCO/Linux fiasco. SCO was saying that because all Linux distros are distributed with the "all bets are off/use at your own risk" caveat (with a specific denial of indemnification), that anyone who uses Linux can be sued for piracy.

      Some company at the time (either SCO, redhat, or Microsoft) was using indemnification as their selling point, making the claim that they take legal responsibility if any of their code turns out to e pirated.

      Regardless of the legal status, one can usually assume that the entity with the most money and biggest liability will get sued. In the case of commercial software, this is often the software producer, because it make more sense than suing each and every customer. In the case of OSS, it is quite possible that a copyright owner can get more money from customers who can't afford to fight the case in court.

      Of course it helps when the company sends you a letter saying "You have 200 mp3s on your hard drive. Federal copyright laws says we can fine you $700 per song, which comes out to $140,000. But, because we're reasonable people, we'll accept $10,000, paid in installments, and an apology". (Yes, I did change the subject from mp3 decoders to mp3 files, but the point is that, it may be hard to stand up for principal when you could slink away in defeat for a fraction of the price.)

    12. Re:Not just linux by ShieldW0lf · · Score: 3, Insightful

      The purpose of all these scary warnings is simple:

      Here's a tool. It will empower you. There are lots of you out there who live in fucked up countries where that's illegal. I'm going to show you the power you're not allowed to use, and I'm going to let you choose... respect your laws and sit there powerless, change your laws so they're not grinding you under, or engage in civil disobedience until you're obligated to choose from options 1 and 2.

      There's two ways someone can go when they're empowering people.

      Look at Google.

      One choice, set up the Great Firewall of America, the Great Firewall of China, etc, and don't let the user do anything illegal.

      Other choice, have a link that says "Here's all the stuff your government doesn't allow you to see. It's illegal to click it, you probably shouldn't click it cause you'll get into trouble, and we won't protect you if you do click it, but we'll allow you the possibility to act against your government and leave the enforcement to them."

      Open source software will generally take the second choice of the two. Let you see what your government is taking away from you, and let you have the tools to resist if you wish.

      If you're afraid of your government, that's not the fault of a piece of software.

      --
      -1 Uncomfortable Truth
    13. Re:Not just linux by asuffield · · Score: 3, Insightful

      The law as it currently stands interprets this as meaning direct use of a patented method (such as a business method or industrial process patent), not use of a product created using a method covered by a design patent. As usual, one cannot read the statute literally and apply any interpretation that one likes, it is necessary to reference common and case law. In this case, the 'whoever' does not include end-users and the 'uses' does not include mere use.

    14. Re:Not just linux by nevali · · Score: 2, Insightful

      No, they were just indemnifying them against any action they were thinking of taking.

      SCO basically just said "if you sign up for our 'Linux license', we won't sue you for copyright/patent/whatever infringement" (despite, of course, not being able to demonstrate that they'd have any shred of a case if they actually did).

      Take a look at your average EULA, it basically contains the same disclaimers as the GPL or the BSD license, but without any of the nice aspects to them.

    15. Re:Not just linux by poolmeister · · Score: 5, Informative

      If it's such a "deal breaker" he could do as I have done and buy a legal codec pack from Fluendo for properly licensed, good quality MP3, Windows Media, AC3 & MPEG support for GStreamer.

      --
      CN=poolmeister.OU=lurkers.CN=slashdot
    16. Re:Not just linux by joe_plastic · · Score: 2, Informative

      One issue might be that I am talking usa law and you are talking uk law. In usa, use of a patented codec by an end-user without authority would be *direct* infringement. What case law do you have that suggests otherwise? I think Selden threating to sue people who bought Ford's Model Ts seem to indicate that in the usa that end-users can be held liable ... and it's been that way since at least 1903. I sure have not heard of any updates on that aspect. Please tell me where I am wrong.

    17. Re:Not just linux by joe_plastic · · Score: 2, Interesting

      Canonical is registered in the tax haven Isle of Man and employs staff around the world, along with their main offices in London and support office in Montreal. Isle of Mann is not part of the United Kingdom, but external relations, defence, and ultimate good-governance of the Isle of Man are the responsibility of the government of the UK. So no it's not UK based and it has a global reach; So laws around the world impact upon it. That includes but is not limited to UK, Canadian, Usa, Chinesse, Polish, Liechtenstein and Monaco laws.

      Every nation has bad laws, welcome to planet Earth. It is interesting that you are so blase; people accuse usian of being ethnocentric jingoistic, however it seems that's a more universal trait;-) Thanks for demonstrating that.

      I'm more of a fan of ogg speex and ogg vorbis than mp3 . I think I finaly added a repo that had the mp3 codec after a long time. I might be liable for a civil tort, *shrug* oh well. I won't go with fluendo no matter what.

      Happily as far as I know only 3 countries allowed patents on software: US, Japan, and Australia. EU which UK is part of allows patents for "Technical contributions" that might include software. Actually from the two recent Supreme Court rulings, the UK and USA might now be on even par concerning the patentability of software; so wipe that smirk from your face.

      As for end-users being liable, in the usa I am fairly certain that they are. It been that way since 1903 at least. As for software being patentable -- from 1981 to 2007 pure software was patentable in the usa. Whether end-user in the uk are liable look at EUROPEAN PATENT CONVENTION and UK Acts, Rules and Directions and the case law. I have a gut feeling it would be similar to the usa in that regards though.

    18. Re:Not just linux by LingNoi · · Score: 3, Interesting

      With a recent Supreme court decision in AT&T Vs. Microsoft the usa is now on par with EU and UK concerning software patents.
      No its not. It is irrelevant to bring up the AT&T as it has nothing to do with the US patent laws being on par with EU and UK laws. If they are then you are saying that software patents in the US are now all void in which case we can download medic codecs as much as Americans want!

      The laws of the US and the UK on software patents are extremely different I don't know where the hell you figured otherwise because of some lame AT&T case to do with the exporting of patents outside the US doesn't change the laws outside of the US.

      Actually a few more allow software as part of the patented invention including the UK
      Irrelevant since a media codec is a purely software invention anything on an operating system is purely software. You can not hold a patent on software alone in the UK.

      The UK in theory might be one of them so please don't be so smug.
      I know you're trying your best to FUD this up, but just stop trolling. Its lame that you have gone to these lengths.

      Software patents don't exist in the UK. Software patents don't exist in the EU. I know you want them to for the sake of "winning" an internet argument but they don't. They will never reverse this decision in the UK so whatever bullshit you want to reply to this go ahead but the US doesn't dictate patent law to the world just because of some courtroom case on American soil.

      Putting fingers in your ears and saying it's someone elses problem doesn't help.
      Help with what? There is no problem at all. Its all just a lame excuse just so the author of the article can go "see, Linux is still not good enough".

      This isn't the first negative Linux article written by the author.

  2. Can You Blame Him by Luscious868 · · Score: 4, Interesting

    With all the noise the RIAA and MPAA are making about copyright violations (and the subsequent lawsuits) can you blame him? If Linux ever starts making serious dents into Microsoft's market share, how long until they begin employing similar tactics?

    1. Re:Can You Blame Him by sqldr · · Score: 2, Interesting

      Perhaps, but exactly how much by way of "damages" can they expect to get from you? If you download a file with bittorrent, you're enabling potentially hundreds of other people to pirate the same file while you download it. You could argue in court that that equates to lost revenue. Having a wmv codec though..?

      --
      I wrote my first program at the age of six, and I still can't work out how this website works.
    2. Re:Can You Blame Him by Etrias · · Score: 2, Insightful

      Yeah I can blame him. This is a ludicrous argument.
      Is it the fault of Linux that they have to click through a simple warning written in plain English to take care of their legally mandated duty because of the way that certain laws are written, particularly in America?
      Have you seen a EULA? Most people don't read it but scroll to the bottom, click accept and then they're done, but they're signing away much more than what you agree to when you click on that codec acceptance. We don't notice a EULA because it's so filled with legalese, no one takes the time to read what you, as a consumer, are giving up.
      But this guy is complaining that he has to make an agreement about not using the codec illegally? THAT scares him off from making the switch?
      I am simply amazed that a EULA gets a free pass because no one bothers to read it but in Linux, choosing accept on the codecs because you actually can read the damn thing freaks out someone. All that proves to me is that he's an idiot that doesn't read what he's agreeing to unless it's under ten sentences.

    3. Re:Can You Blame Him by morgan_greywolf · · Score: 2, Informative

      You could argue in court that that equates to lost revenue. Having a wmv codec though..?
      ...robs Microsoft of the potential revenue of a Windows license. The EULA for Windows Media Player and the associated codecs says that you are free to download the software, but only provided that you have a license for Windows.
  3. Shrug by Durrok · · Score: 4, Interesting

    If there is no legal (or affordable) way for me to obtain the software/video/etc I would likeI pirate it. I watch a fair share of anime and typically the only way to get certain series or to not have to wait a few years for it to come stateside is to download the fan subs and then watch them with my "illegal codes" on my linux box. I never lost any sleep about it, not sure why anyone else would even blink at it. It certainly does not solve the problem at hand but it is an effective workaround for the time being.

    --
    I keep telling myself I'm not the desperate type.
    1. Re:Shrug by njfuzzy · · Score: 5, Insightful

      Summary: "The poster cares about running afoul of the law in these ways, but I don't have such compunctions."

      --
      My Photography - http://ian-x.com
      The Deathlings (comic) - http://thedeathlings.com
    2. Re:Shrug by Rob+the+Bold · · Score: 3, Insightful

      Its (sic) called rationalization and its (sic) not a good thing.

      I find it to be a good thing. It can save money. Gotta think of my shareholders.

      --
      I am not a crackpot.
  4. That is only a problem for by vivaoporto · · Score: 4, Insightful

    That is only a problem for countries that enforce software patents, that is, IIRC, the USA. If he admits that Linux is better than the alternative, but he feels somehow constrained by the warnings and restrictions, he can either vote with his money (that he does) and buy a software that doesn't "put him off", or vote with his feet and move from the country that imposes such restrictions on him. He can also join the choir and try to change this absurd legislation that allows people to patent algorithms instead of implementations, but I'm trying to keep it real, for once.

    1. Re:That is only a problem for by mhall119 · · Score: 2, Insightful

      so far, I've not encountered a commercial vendor for a particular software with the relevant licenses to legally allow the playing of .wmv/.aacs/.mp4 etc. I believe Linspire and Xandros have the relevant licenses for this. Additionally, Fluendo will be selling native linux codecs for these formats with the proper licensing.
      --
      http://www.mhall119.com
  5. Scared? by Rosco+P.+Coltrane · · Score: 4, Funny

    the scary legalese dialogs you have to click through [CC] to install codecs for common multimedia formats.

    apt-get install w32codecs

    Wow that was super scary. I'm so glad it's over...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Scared? by Corporate+Troll · · Score: 2, Informative

      Does that even work on a stock Debian install? I don't think so.... You first need to change your /etc/apt/sources.list to include "non-free" repositories.

    2. Re:Scared? by Rob+the+Bold · · Score: 2, Informative

      Doesn't the same thing pop-up in an ncurses box?

      I just checked on a Debian Lenny box that didn't have w32codecs already installed, and no, it does not. No muss, no fuss, no scary language. Didn't even need to cross my fingers or invoke executive privilege.

      --
      I am not a crackpot.
  6. Not a problem... by Scooter's_dad · · Score: 5, Funny

    If your entire collection of mp3s is illegal to begin with, who cares if the software you have to install to play them is illegal too?

    --
    The road to hell is paved with Cat 5 cable.
    1. Re:Not a problem... by pla · · Score: 3, Insightful

      If your entire collection of mp3s is illegal to begin with, who cares if the software you have to install to play them is illegal too?

      Not to detract from the humor of that, I think you more fairly should have received an "insightful" mod...

      Other than media I personally encode (basically ripped CDs and DVDs, which I own and have the right to format-shift) and Creative Commons material - Both of which would use an open codec anyway - I don't think I've ever encountered a legally-obtained sound and/or video file. Not even indirectly as a request to help someone else play something.

      Seriously.

      Sure, plenty of people ask me how to open videos received via email, or compressed music a friend gave them on CD, but those don't actually count as legal. Arguably they both could; Someone could have asked a friend to rip their music collecion, or they could send home videos to a relative. But no one does. Such content unwaveringly comes from (copyrighted) websites, or "sharing" a collection of music that frequently neither person actually owns.



      Not to say I consider those uses in any way immoral (illegal, whole different ballpark) - Fair use, IMO, exists so people can mail cheesy video clips to friends. I also don't have a problem with installing free codecs on the "wrong" OS simply because the EULA has the word "Windows" somewhere in it.

      But we delude ourselves by thinking that we actually have any legal right to such content; Indeed, we hurt fair use by not standing up and demanding both the right and the ability to share such content.

  7. With whom the fault lies by kerohazel · · Score: 5, Insightful

    From TFA: "...it's a perfect example of what's wrong with Linux and the concept of free software. Free software is great in isolation, but as soon as you have a situation where you're trying to integrate it with modern proprietary file formats, the idea falls apart at the seams."

    Maybe the problem is with all the modern proprietary formats? I think this is a pretty crap argument, similar to how a dearth of Linux drivers is somehow Linux's fault.

    There might be a better solution out there. By all means we should try to find it. But a click-through warning is pretty damn good, if it enables free to play with non-free.

    --
    Skype is too convoluted... Now I'm reverse-engineering the Kyoto Protocol.
    1. Re:With whom the fault lies by Z0mb1eman · · Score: 2, Insightful

      I don't mean to single out your post, and I agree with it in principle, but that's a somewhat puerile argument.

      The average end user doesn't care "whose fault it is" ("they started it!" "don't make me turn this car around.") Assuming we care about Linux adoption, the ONLY relevant question to an end-user is "does it work out of the box". If it doesn't, the user won't stick around to follow the argument and finger-pointing as to why it doesn't work.

      Not that the article's argument is particularly objective... but neither is getting defensive.

      --
      ClutterMe.com - easiest site creation on the Net. Just click and type.
  8. EULAs by drooling-dog · · Score: 5, Insightful

    He's apparently never read the EULAs for his Microsoft ware. Now that is scary stuff...

  9. The blame for this lies with Linux? How? by Omnifarious · · Score: 5, Insightful

    Perhaps the author of the article should instead complain about the way all these people make proprietary file formats and wonder how we got into the awful situation where we have to pay everybody and their brother in order to do a simple thing like listen to music on your computer. It seems to me that that's where the problem is. Patents and ridiculous companies who want their cake and eat it too by having their format be 'standard' while they still own all the rights to use it.

  10. Re:Do Linux users care about using "illegal" codec by BosstonesOwn · · Score: 5, Insightful

    I beg to differ. If I am thinking of using linux in an enterprise and I need my people to play with media , it does indeed scare the users to see a disclaimer like this. Unfortunately this is another blow that stops adoption.

    Most people don't want to see stuff like this when they load up software , it does scare them.

    --
    This package Does Not Contain a Winner
  11. Bad title by Virak · · Score: 4, Insightful

    Should be "Do 'Illegal' Codecs Actually Scare Potential Linux Users?", because that's what the article's about. I don't think most actual Linux users (myself included, though I don't live in the US, so it's not even illegal for me) care about the legality of the codecs. They just want to listen to the music and watch the movies they paid for.

  12. Codecs are about format not about content by Alain+Williams · · Score: 2, Insightful
    All a codec is is a way of encoding some content, so as long as the codec decoding s/ware is legal (ie not ripped off someone's copyright) then I cannot see what the problem is. Oh, I suppose that if you live somewhere like the USA where people can patent a format then you may need to think about it.

    What is important is the content - ie not ripping off someone's copyright for the piece of music, film, ... That I don't do. If I can't obtain it legally then I won't play it -- I might not like the copyright on music (being for so many years and all that) but I will respect it.

    See what I mean about the different between format & content ?

  13. Then pay for the Fluendo codecs by GauteL · · Score: 5, Informative

    Fluendo currently sells MPEG2, MPEG4, Dolby AC3 and Windows Media codecs legally. They also give you the MP3 codec free of charge.

    If you want peace of mind and avoid being a criminal in countries with silly laws, then these may be something for you.

    1. Re:Then pay for the Fluendo codecs by AeroIllini · · Score: 3, Interesting

      So if these plugins don't work on my system...

      If I buy the Fluendo codecs but don't download them, and install my distro's version instead, is that still legal?

      Is there an IP lawyer in the house?

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    2. Re:Then pay for the Fluendo codecs by drinkypoo · · Score: 3, Insightful

      If you want peace of mind and avoid being a criminal in countries with silly laws, then these may be something for you.

      I see it as civil disobedience. (And no, I don't want to have a discussion about how much risk of discovery and punishment there has to be to qualify as civil disobedience, which is not necessarily part of the definition - look it up, including the original source. Thankyou.) Only with a government completely beholden to corporate masters is it possible to have a situation in which you are prevented from playing the media for which you have legally acquired a license.

      I don't want to tell anyone else what to do (exactly) :) but I do think that if you believe a law is unjust, then you should do your best not to follow it. There's a lot of ways that can go wrong, of course, but I don't believe that you should do what you are told simply because you are told. I have to have a good reason.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  14. Re:Do we care? by Aladrin · · Score: 2, Insightful

    "I am not gaining anything out of it"

    Then why are you doing it?

    "am not making or denying any profit to any organization"

    Except Microsoft. I guess they don't count because they are 'evil'.

    "It is wrong and invasive, therefore the issue is moot."

    Right, 2 wrongs always make a right.

    "How many feds know a thing about Linux anyway?"

    This matters because... ?

    In the end, it doesn't matter whether you think it's 'right' or 'wrong', it's illegal and you take a risk by using the codecs in this fashion. I happen to think it's stupid as well, but it's still the law.

    Has it ever actually stopped anyone from using them? There's probably someone, somewhere that's paranoid of the government and thinks it's a trap, so yeah... Maybe.

    Don't try to rationalize that this activity is not illegal just because it's not immoral or unethical in your eyes (or anyone else's). The 2 are completely unrelated.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  15. Ubuntu developers are fools by Locutus · · Score: 4, Insightful

    why would they put up such clear and understandable dialog boxes which just end up scaring the user. They should follow Microsoft's lead and put all that in 5-10 pages of legalese and call it an EULA. Then, their users will see that, maybe read one or two lines before hitting the [OK] button.

    Shame on the Ubuntu developers for putting in such a simple and clearly understandable dialog box. ;-)

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  16. MP3 patent expires 2011 by fractalVisionz · · Score: 3, Informative

    Remember, you only have to wait 4 more years for the MP3 patent to become public:

    The various patents claimed to cover MP3 by different patent-holders have many different expiration dates, ranging from 2007 to 2017 in the U.S. [9]. However, U.S. patents can only last up to 20 years, and MP3 was released as a specification in 1991, so if U.S. courts applied U.S. law, no patent could apply beyond 2011 to MP3 itself.[10] In the U.S., any patent claiming to cover the fundamentals of MP3 after 2012 should (by law) be struck down as an invalid patent, due to the existence of published prior art (the MP3 specification) more than a year before the patent's filing. If it had been published earlier (such as in public drafts), the latest date would be even earlier. However, it is unclear if U.S. courts would enforce this. The situation in other countries that permit software patents is similar.

    --From http://en.wikipedia.org/wiki/MP3

  17. and for "legal" DVD viewing... by IronyChef · · Score: 2, Informative
  18. AAC and MP4 by goombah99 · · Score: 4, Interesting

    So why do people think that Linux players and community shun AAC or H264? here on slashdot posters tend to tout MP3. I think it's the conflation of AAC and fairplay DRM. Or simply that AAC permits DRM at all. But shouldn't people really embrace AAC precisely because it lacks MP3's player royalties?

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:AAC and MP4 by mabhatter654 · · Score: 2, Insightful

      I knew about ACC, but I though H.264 was like MP3 with "submarines" all over the place. Much like MP3 originally was part of an open standard group, but clever companies withdrew their patents from the pool after the sharing was agreed so they could get more royalties... and it's happened AGAIN in the case of mp3. Ogg's formats were patented and officially granted to the program writers.. so it's 100% legal. If Apple would put it on iPods we'd be all set for a universal format. The source code is even BSD based for just such a purpose.. there's no legal reason not to include the format.

    2. Re:AAC and MP4 by squiggleslash · · Score: 5, Informative

      AAC players do require the payment of royalties, unfortunately.

      If you want a free, royalty-free, codec comparable to AAC or MP3, the only choice right now is OGG.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:AAC and MP4 by Lumpy · · Score: 3, Insightful

      ?Actually most people shun Anything other than Mp3. Have a nice high end digital jukebox at home? Mp3 is what it supports 100% most car stereos support mp3 100%. portable players? mp3 based outnumber the others 90 to 1 in different brands and types.

      What cant have DRM installed on it silently? MP3.

      what tries to hijack your music? Media player 9,10,11 add DRM silently and pisses off everyone the first time they try to move their music and are told their music is unauthorized.

      Mp3 survives because it was non DRM from the beginning has the absolute widest compatability and got a foothold so stron in the beginning that not even the superior OGG can touch it. WMA and AAC lose because they are late comers and certianly dont have the recognition.

      Ask anyone on the street. "whats an mp3" they will answer you. Ask what's an AAC and they look at you like you are wierd.

      mp3 - it's what's for dinner and will be the standard long after apple, microsoft and the others try to shoehorn in their "better" codec.

      --
      Do not look at laser with remaining good eye.
  19. Re:The blame for this lies with Linux? How? by curmudgeous · · Score: 2, Informative

    The owners of the mp3 codec only want a cut of profits from people who want to sell mp3 encoders/decoders. From their FAQ at http://www.webcitation.org/5MeUrGbFN

    "...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 associated annual gross revenue less than US$ 100 000.00..."

  20. Re:The blame for this lies with Linux? How? by kiwimate · · Score: 4, Insightful
    Way to be defensive by going on the attack, mate. By the way, did you read the article? It seems not.

    The bigger story is you (Linux community) *still* don't get it.
    • The vast majority of the population neither know nor care who or what the RIAA is or does.
    • Same with DRM.
    • This same vast majority actually doesn't think Microsoft is evil. They might complain about Windows or Word, but that's a far cry from the vitriolic hatred spewed forth by so many in the Linux community.
    • Which, by the way, often seems united more in their hatred for Microsoft than in their passion for Linux. Think about it.
    • And, unlike the majority of the posts I've read so far, many many people actually do possess a shred of respect for the law, whether it's convenient to them or irritating. One of the hallmarks of sociopaths is they think they have an absolute right to pick and choose how they act in the world without regard for laws which annoy them or they think are silly or unfair.

    One of the many, many reasons Linux hasn't taken over the desktop is that people are intimidated by the Linux community. You can respond all you like about big companies pushing Linux, how respectable it is, IBM is Linux friendly, etc., and all it demonstrates to me is you still don't get it. The perception is of the uber-geek community speaking in a foreign language with high disdain for users who don't care about the mechanics but just want to get their job done, enjoy the Internet, send e-mail, and maybe play the occasional game.

    So take this article and respond how you will. But if your response falls along the lines of "who cares about it being illegal" or "never mind that, the real problem is DRM" or the other stock standard responses from the Slashdot crowd, it only shows that you still don't get it. And perhaps you never really will.
  21. Re:Since when by Merk · · Score: 2, Informative

    Since always?

    Check out the wikipedia page or the patent licensing page for more info.

    Why would you assume it's an ANSI standard and freely available?

  22. Making excuses not to use Linux.. by LingNoi · · Score: 5, Insightful

    I laughed when I saw this article.

    This is just making excuses not to use Linux because they can't think of any real ones.

    1. Re:Making excuses not to use Linux.. by mapsjanhere · · Score: 2, Insightful

      Your post that shows that you have no idea whatsoever of legal realities in the US business world. My company does business with government agencies. For this, we have to allow the government to audit any aspect of our business at any moment, and a DCAA audit is not pleasant, and the people know what they are doing. Having once gone through a 20 person network to "legalize" everything, basically a wipe, reinstall, lock process - I would never risk the jobs of all my employees by installing questionable software for something as basic as listening to MP3s. As bad as MS products are, at least I have someone to hold responsible when commercial software turns out to be "legally defective". With a 5 year upgrade cycle for OS and Office, that's less than $100 per year per machine. So I'm spending 0.1% of my government revenue on being compliant with their rules. And I'm not hip, cool or geek. But I sleep better.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
  23. Re:way to blame the messenger by Locutus · · Score: 2, Interesting

    And he said in TFA that he uses Windows so he MUST have read the EULA at one time or another. Unless he decided it was too complicated and just clicked-through. I'm with you, this is either a TROLL or he's incompetent to write such an article since at the very least, he should have also discussed the MS EULA.

    There was a really good article on the MS XP EULA called "Windows XP EULA in Plain English" by linuxadvocate.org but that site seems to be gone and I can't find a mirror or PDF of it. Just a small hint of how bad the MS EULA is can be found in this short article which states that Microsoft has in their EULA that they are not liable for breach of contract. Read on, it's just a page or two long:
    http://weblog.infoworld.com/gripeline/archives/200 6/09/a_contract_only.html

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  24. Re:Maybe that is the answer by Jon_S · · Score: 4, Insightful

    This totally misses the point. Winamp's (for example) EULA may be long and tedious and nobody reads it, but it doesn't say that using it may be illegal. Why? Because winamp (AOL) paid fruanhofer for a patent licence to decode MP3.

    Amarok (again, for example), hasn't paid Fraunhofer for a MP3 patent licence, hence you may actually be breaking the law by using a patented technique without a licence.

    Of course, I think this is totally ludicrous and algorithms shouldn't be patentable. But for now at least, that is the law in U.S.

    And that's why your comments are off the mark.

  25. MP3, RanD, OOXML and some more acronyms. by fritsd · · Score: 2, Informative
    It's a patented open ISO standard.

    IIRC, anyone is allowed to take the standard, write a codec for it, and play mp3s as much as they like, legally, for either a royalty fee per copy or US $50 000. The license fees are here. (When it says US $2.50 - $5.00 per unit I presume it's per copy of the codec, not per song).

    I believe the technical term is "RAND" (Reasonable and Non Discriminatory) licensing: Thomson S.A and the Fraunhofer Institute are playing nice, they don't refuse anyone who wants to license their invention (they have that monopoly right because it's a patent), and they don't change their mind about the license price when they don't like you (they have that monopoly right because it's a patent).

    There's only one catch, that RAND doesn't resonate with F/LOSS software at all.

    This is why it matters that standards are not only open but that also RAND is out of the question if you want to allow FLOSS to use your patented standard; Suppose you ask a license fee of only $5.00 per copy of the software distributed, who's going to pay it? Licenses such as the FSF's GPL state that (paragraph 10 GPL3)

    You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

    But, you want everyone who copies your program to pay you the $5.00 so you can pay Thomson back their rightful royalties! Do you see the problem? Suddenly you need an administration organisation to count who has downloaded the FLOSS program. And you are not allowed to sanction them if they don't comply because the license forbids you that. And you'd need to monitor everyone who downloaded it to see whether they copy the program further (which is their right by the GPL anyway) otherwise YOU piss off Thomson. etc. etc. It's a nightmare.

    This is why there are no legal GPL'ed mp3 players. Incidentally, I think this is also why some British linux and mac users complain that the BBC wants to use a proprietary video standard which they can't be allowed to play.

    Think about using Ogg/Vorbis and Ogg/Theora, will you?

    Now let's see if we can also tie in the raging ODF - OOXML battle and then this fanboi will shut up :-)

    AFAIK, this is why there is such a difference between "real open" data interchange standards such as ODF (ISO/IEC 26300) which is free to use because Sun have made an irrevocable patent pledge that they won't sue anyone ever for implementing ODF, and on the other hand OOXML (ISO *DRAFT* international standard 29500) where Microsoft states that they'll grant a R.a.n.D license for Office XML Schema. So it's all good, you see!

    Can you still see under which walnut shell the pea is?
    If I'm not horribly mistaken:

    Office XML (R.a.n.D licensed)

    =

    Office 2003 XML

    !=

    Office 2007 XML

    which is

    Office Open XML (= nothing to do with OpenOffice.org which uses Open Document Format)

    No worries!

    I actually think they've amended their ways because on this page it states in quite reasonable terms that Office Open XML 1.0 (ECMA-376) is now a Covered Specification. Still I wouldn't trust it as far as I can throw a printed 6000 page document because on that same page it says:

    This promise applies to the identified version of the following specifications. New versions of previously covered specifications will be separately considered for addition to the lis

    --
    To be, or not to be: isn't that quite logical, Slashdot Beta?
  26. My Rant by ImaLamer · · Score: 5, Interesting

    I don't feel bad because I've already paid for all of these 'illegal' codecs over and over again. I've bought numerous DVD players, computer DVD drives, video cards which decode mpeg*, a hardware WMV/AVI/DIVX/MPEG* player, an ATSC tv (mpeg again), dvd software packages (windvd, et. al.), computers with Windows (and the licenses for many of their codecs), and more.

    For one PC I had to pay premiums on the video card, optical drives, motherboard and 3 pieces of software because of some 'illegal' codec that demands such a premium. Take decoding off video cards and the prices would drop. I'm not afraid because on this Ubuntu laptop I've a copy of Vista, shrunk to a 5 gig partition. Don't I keep some of those rights?

    How many times do I have to pay for these same licenses? It's mainly MPEG-2, DVD which is the same, and any proprietary MPEG-4 codec (HDWMV, Divx, et. al.) I don't fear or feel bad about 'stealing' these codecs because I have paid for them a million times. I've played along, my choice of OS shouldn't stop me from continuing to take advantage of these codecs. Besides the video card is doing the lifting and NVidia has already paid that premium because it decodes most of these 'illegal' codecs natively (now a days).

    Do I feel bad?

    No.

  27. Re:Do Linux users care about using "illegal" codec by cyclop · · Score: 5, Insightful

    * Download legally-questionable open-source codec

    Legally questionable in the USA, please. In my country it's perfectly legal.

    --
    -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
  28. Re:The blame for this lies with Linux? How? by Wylfing · · Score: 3, Insightful

    And, unlike the majority of the posts I've read so far, many many people actually do possess a shred of respect for the law, whether it's convenient to them or irritating. One of the hallmarks of sociopaths is they think they have an absolute right to pick and choose how they act in the world without regard for laws which annoy them or they think are silly or unfair.

    That's a very dangerous point of view you have there. I have the unshakable belief that my government exists at my whim. If my government makes laws that I don't approve of, I will happily break them. I do it all the time. I also work where I can to change bad laws by communicating with my governmental representatives. That does not in any way make me a "sociopath." (It seems certain you don't know what sociopathy is.) This is, in point of fact, the long-established tradition of American behavior. If government starts acting in ways you don't approve of, and in addition starts to feel quite unrepresentative, our general solution is to stop following those laws.

    I'm sure if Slashdot was around 40 years ago, you'd have been saying "coloreds" don't get it. All this "front of the bus" lawbreaking is positively sociopathic.

    --
    Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
  29. Read the clauses ... by tinkerghost · · Score: 2, Informative

    You can't patent a mathmatical/logical algorithm. It's part of the paperwork in what is/is not patentable. A patent is supposed to be on an implimentation of a solution, not the concept of how to solve the problem. Thus, you can patent your design of an electric motor, but you can't patent the concept of an electric motor. The only reason software patents are allowed now is because the USPTO & The Fed court that governs patents don't read anything.

    How many patents are there on razor blades? I count 8 on the razor I used this morning. How many are there on the MP3 Algorithm? ISTR there is only 1. Why? because the concept was patented not the implimentation.

    The problem with software patents is that in order to provide more protection than copyright, they have to patent concepts not implimentations. As soon as they do that, they become broad enough to kill off whole swaths of programming that they don't even touch in the implimentation.

  30. Re:Maybe that is the answer by Corwn+of+Amber · · Score: 2, Interesting

    But for now at least, that is the law in U.S. Well, fuck the law. Do an act of civil disobedience. Someone will get caught at some point, and it will go like this :
    -"So, what did you do?"
    -"I used a software that contained a patented technology. The distributor didn't pay royalties to the patent holder, because they are distributing it for $0.
    Moreover, it was to watch a DVD : the media industry bought the law known as DMCA so that it would be illegal, among other things, to make a DVD player without buying a license from them, to legally circumvent the protection. As my media player software is developed by people who do it for free, they had no money to pay the license, and they illegally circumvented the protection. So I had to use a software that is twice illegal, only to enjoy a movie I've legally bought a copy of. At an artificially inflated price fixed by an illegal cartel that seems to focus very much on extortion these days. Oh, and, before I forget - the movie has recouped ten times its costs on the first week-end it was published, anyway."

    Yeah... dreaming ... wouldn't do in court ... fuck it. I will do it if I'm ever punished for using software. Might as well do something good for once in my life.
    --
    Making laws based on opinions that stem up from false informations leads to witch hunts.
  31. IE is a "Windows component" by tepples · · Score: 3, Insightful

    I guess people learned not to do that from SpyGlass, which sold Internet Explorer to Microsoft for a percentage of the revenue. Microsoft gave it away and didn't pay a cent. But given that IE is distributed only as part of Microsoft Windows, no longer for Mac OS or any other platform, wouldn't the royalty be a percentage of the price of a Windows license?
  32. Re:The blame for this lies with Linux? How? by Omnifarious · · Score: 2, Funny

    One of the hallmarks of sociopaths is they think they have an absolute right to pick and choose how they act in the world without regard for laws which annoy them or they think are silly or unfair.

    One of the hallmarks of a sociopath is implying that other people are by putting words in their mouth then telling people that anybody who feels that way is displaying one of the hallmarks of being a sociopath.

    Oh, wait, I have no idea what I'm talking about and am just spewing vitriol in a pathetic attempt to make myself sound big and tough and make it seem like I have a real argument! Oops.

  33. Isn't it legal if you have a copy of windows? by bytta · · Score: 2, Insightful

    IANAL and all that, but if you have a legal copy of the codecs (e.g. a Windows license), you can use w32codecs and all the other ones without any legal issues. At least that's how I understood the mplayer codec pack disclaimer a few years ago.

    So going back to Windows because of this is just plain dumb (unless it's a pirated version of Windows, which would be even dumber...)

  34. Here is what really tweaks me by xoundmind · · Score: 2, Interesting

    Suppose I run a dual-boot and create a song on the Windows side. Then I boot into Linux and access the mp3 that I just created. I'm legally required to pay someone (for the codec) to listen to my own creation in Linux?

  35. Re:The blame for this lies with Linux? How? by pandrijeczko · · Score: 3, Insightful
    Sorry, but if you're serious about using Linux then it's up to you to get off your backside and devote some time to learning how an operating system and free software works - it is not going to just drop into your lap.

    There is a wealth of free Linux distributions & free software out on the Internet and a far greater number of people will to devote time to helping others with Linux issues - however, to interact with that community, you need to demonstrate some self motivation and interest in your own computer, rather than expecting someone else to fix it.

    Nobody is forcing you to use Linux. If Windows does the job you need it to do then stick with it - only one of the minority of Linux zealots would tell you to do otherwise.

    Only when you've put some serious effort into learning Linux, and the general UNIX mindset, can you appreciate what it can do for your productivity in terms of security, stability & automation. Until then, don't even try to understand it...

    --
    Gentoo Linux - another day, another USE flag.
  36. Re:OSS devs should pay the license fees, not the u by Wesley+Felter · · Score: 2, Insightful

    You're talking about millions of dollars in licensing fees; donations will never cover it.

  37. Re:That is what Ogg is for by fractoid · · Score: 3, Interesting

    I've never once had Windows find and install a codec for me when I click on the 'find codec on ma intarwebs' button. On the other hand, Ubuntu does it perfectly. All I have to do is click "I'm not in America and/or I'm in ur netwerks stealin ur codex". Also note that often the 'codec packs' you download to install DivX, xvid etc. contain at least some copyright-infringing code anyway. For example, "DivX ;-)" is the MS MPEG4 codec, hacked to read/write files in the AVI file format.

    --
    Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
  38. Not ad hominem by donscarletti · · Score: 2, Informative

    Since when are ad hominem arguments "Insightful"? The grandparent did not use ad hominem. Ad hominem is where you attack the person and credibility of your opponent in an argument when it is irrelivent. An example would be: "your argument is wrong because you are stupid/are ugly/have a promiscuous mother". The falicy being that if an argument is advocated by a highly flawed person, it is flawed itself. However, if the argument is about someone's reaction to a stimulus (such as a legal warning) and the author cites his own response, his bravery IS part of the discussion since his own reaction to something is based on his outlook, in this case his courage.
    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem