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Illegal File Formats?
Patman asks: "While thinking about the legality of MP3's today, I got to wondering - has a file format or storage method ever been declared illegal? Of course, using it can be illegal if you don't have rights, but I was wondering about actual formats or methods. " I don't think this has happened
yet, but don't think that it never will. I wonder if I someone will start a betting pool on which one it will be.
are basically packages for holding data. they can never be illegal. to use an analogy from real life - drugs are mostly illegal, but no one is going to ban needles just because theyre used for injecting drugs.
If someone holds the patent on a file format, you could be violating their patent by using that format. I know of no patented formats where the patent holder prohibits people from just using the format, but there are some notable patents - mostly for compression and encryption mechanisms. The LZW compression algorithm used in .GIF and .Z files is patented by Unisys. They charge royalties for commercial software that creates GIF files.
Also, MP3 itself is a patented format - Fraunhofer institute doesn't allow ANY free software for MP3 creation - they want a ridiculous amount of money per unit of software distributed. They don't impose any restrictions on software that only plays MP3s though, or on the distribution of MP3 files.
IANAL but I believe it's not a criminal offense, violating someone's patent. Using these formats in ways that violate patents isn't illegal, you will just get your ass sued off. There's no file format that can land you in jail.
thank god I'm not in the US
your legal system when it comes to patents seems %$££$"&*) mad
the make one rule and then break it next week !
1>software can not be patented in the EU it can in the US
2>enforceing highly used and open format rolytys is a nightmare and only for US Fumbleing Bumbleing Idiots.
3> can you patent the way it is stored on the disk ? so is storeing that file on that disk infingment ?
thinking hurts
john
a poor student @ bournemouth uni in the UK (a deltic so please dont moan about spelling but the content)
Fraunhofers patent is on _their_ algorithm that can be used to create mp3.
/.
I don't violate any license from them by having mp3 files.
If I use a piece of software that uses Fraunhofers _algorithm_ to encode an mp3, _then_ I owe them a royalty.
There are encoders that do _not_ use Fraunhofers algo, for example Blade.
IANAL but I believe it's not a criminal
offense, violating someone's patent. Using
these formats in ways that violate patents
isn't illegal, you will just get your ass sued
off. There's no file format that can land you
in jail.
Sheesh.... Okay, so you don't know but you think it might be alright.
Thanks for clearing that up.
I never thought I'd see this question on
And whats with the definitions of stuff in the headlines?
However, as you probably are well aware, it is illegal to export strong encryption, which in it's own way could be viewed as a file format. While it isn't illegal to posses, it is illegal to export from the US.
But realistically, we are talking about the US government here... come on, these people have almost no clue at all when it comes to what a file format is... if they attempted to outlaw a file format, they would probably end up outlawing 95% of computer programs on the market... such a law would be virtually (entirely?) useless....
Don Armstrong -".naidnE elttiL etah I"
http://www.donarmstrong.com
I said:
Of course you don't violate their license by having MP3 files. I never said they tried to enforce their patents on users of MP3 encoders, or users of MP3 files.. only on the companies that make encoders. If that was the case we'd all be using some other format.
Actually you're dead wrong on why BladeEnc is legal - The only reason it is legal is because it is developed in Sweden, which doesn't recognize software patents. Fraunhofer DOES receive royalties from companies such as Xing who make their own high bitrate encoders - even if they have been developed in a "clean-room" environment. Ever wonder why the only free MP3 encoders you see are either low-bitrate, illegal, or made in Sweden?
Only one here talking out of their ass is you.. do some reading before you go and tell me I'm wrong.
Many times through the ages, the Codex format has been declared illegal, and/or immoral.
Codex is a compound document format, and as such, can contain any type of data. The basic format consists of such structures as the COVER, SPINE, BINDING, PAGES (also known as LEAFS in some implementations).
[snip]
It is important to note that the Codex format specifically does not assert the validity of the contained data, although neophytes often assume incorrectly that the presentation of Codex-based data is always both well-formed and valid.
I've seen it, but I'm not hip with that brand o' jive. Translators?
I'm a gnu world man.
I highly doubt the government could figure out what a file format is. A friend of mine was on a shell where an fbi agent also had an account. He had BitchX and eggdrop in his directory. The agent assumed these were hacking programs and proceeded to testing them themself. This person really must've wanted a raise, because he came to conclude eggdrop was a hacking utility and BitchX was an application to get root access. Um, yeah whatever. It just shows how clueless the government is when it comes to computers.
Actually, here in Ontario Canada, I am 18 years old and am technically not allowed to walk into a variety store and purchase a lighter because it is considered a "tobacco product". Of course, Im not stupid enough to smoke Tobacco cigarettes anyway, but it really pisses me off that I am considered an adult and cant even buy a lighter when I wanted one to light a kerosene lamp and heater. Go figure. (Well, an elongated explaination of why I need it will work, but its the principle :) Btw, kerosene is a Canadian invention to ya know for all those battling it out in the ca*net3 debate. -- Scott Mountenay
I think that the MP3 file format itself can't be declared illegal. Any more than pillowcases can be declared illegal. Sure, burglars use pillowcases to haul all the silverware and valueables out of the house, and Intellectual Property thieves use the MP3 format to transport stolen copyrighted music. But the file format and the pillowcase are just the container.
I wouldn't want all the damn feathers blowing around my face because I didn't have a pillowcase, after all. . .