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Re: Legality of using VLC


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  • From: Anibal Vega-Montijo <>
  • To: Richard Mavrogeanes <>
  • Cc: Frank Fulchiero <>, , ,
  • Subject: Re: Legality of using VLC
  • Date: Tue, 03 Apr 2007 10:26:55 -0400

Hi,

Here is a link of a presentation given by Álvaro Martín from Universidad Politécnica de Madrid (UPM).

Challenges for innovation in the Free/Libre and Open Source area (FLOSS).

This presentation has a VideoLAN case study.

http://www.eestec.es/ws06/recursos/EESTEC%20-%20Challenges%20for%20innovation%20in%20the%20FLOSS%20area%20AM%20v1.ppt

Also the openSUSE Restricted Formats webpage explains the legal issues in DVD/mpeg2 video and MP3 audio in Open-source software.

http://en.opensuse.org/Restricted_Formats

Anibal

Anibal Vega-Montijo
()
Systems Programmer
Center for Information Architecture in Research
Research Centers in Minority Institutions
University of Puerto Rico Medical Sciences Campus
(787) 758-2525 ext 2193



Richard Mavrogeanes wrote:
It's very simple, really.
"Open Source" does not mean "non-infringing".
All MPEG encoding and decoding technology is patented. It is not possible to decode MPEG-2 or MPEG-4 without using an essential patent. Commercial products pay the necessary royalty, hence they can never be truly "free".
VLC does not pay the royalty...which is some $2.50 per decoder instance for MPEG-2 alone, and a different schedule for MPEG-4. This is, by the way, why Microsoft does not include a MPEG-2 decoder.
Disclaimer:
Neither I nor my company holds any patents in this area, so I have no ax to grind. My
company sells a decoder, but frankly it's at a loss. I would be far happier if the
decoder royalty issue would just go away, or if there were a carve out in the license
for educational, personal, or non-commercial use. But I doubt this will happen (as a
board member of the MPEGIF and a former board member of ISMA, I can tell you "we
tried").
<opinion>
The patent holders and the firm that represents them are too greedy and make
it far too difficult for an institution to be legal. A VLC user wishing to
follow the rules is presented with an absurd agreement that only makes sense
for vendors.
If a computer has a licensed decoder (e.g. a DVD player), then I would argue the royalty has been paid. But VLC makes no distinction and therefore users risk infringement.
On the other hand, going 55 mph in a 50 mph zone is illegal, but I don't see too many people pulled over for this unless it's a police 'excuse' for something else (and that may be the real risk VLC users run).
</opinion>
Rich Mavrogeanes
Founder & Chief Streaming Officer
VBrick Systems, Inc.
12 Beaumont Road
Wallingford CT 06492 USA
+1 203.303.0200 office
+1 203.623-1698 mobile
http://www.vbrick.com <http://www.vbrick.com/> http://www.vbrick.net <http://www.vbrick.net/> Building Vision Across Your Network

________________________________

From: Frank Fulchiero
[mailto:]
Sent: Mon 4/2/2007 10:08 PM
To:
;

;


Subject: Legality of using VLC



One intriguing rumor I have heard from some folks is that there are people that think VLC is somehow "illegal" to use.
I have not heard this directly, but only indirectly, so don't know how true it is.

If anyone on these lists has a recent article from a knowledgeable source backing up this claim, I would appreciate it if they would post the link.
Also, if anyone has a good argument that VLC is illegal, or breaks any laws, please post your reasoning.

There seems to be a little bit of "almost-fud" regarding this issue, and I think a public discussion would help clear the air.

The OSX version of VLC has been hosted on the Apple servers for a while now, and is the 13th most popular download:

http://www.apple.com/downloads/macosx/

and there have been about 100 million downloads from the VLC site

http://www.videolan.org/stats/downloads.php

I doubt the above two facts would be true if there was something illegal about using or distributing VLC.

I know many of you belong to more than one list, so sorry for the cross-posting, but I'm trying to cover all interested parties, and I think this issue is important, as many of us are using VLC as clients.

Thanks,
Frank Fulchiero
Digital Media Specialist
Connecticut College








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