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Re: Legality of using VLC


Chronological Thread 
  • From: Marshall Eubanks <>
  • To: "Richard Mavrogeanes" <>
  • Cc: "Brent Draney" <>, <>
  • Subject: Re: Legality of using VLC
  • Date: Tue, 3 Apr 2007 11:28:59 -0400


On Apr 3, 2007, at 11:21 AM, Richard Mavrogeanes wrote:

Possible. The DVD hardware maker is (commonly) licensed.

Apple also pays the royalty for MPEG-4 and AAC, allowing them to offer
what appears to be 'free' decoding in QuickTime. They are also a patent
holder.

Is Apple part of the MPEG-LA patent pool for H.264 or MPEG-4 ? My understanding from Dave Singer
was that it was not.

Marshall


/rich


-----Original Message-----
From: Brent Draney
[mailto:]
Sent: Tuesday, April 03, 2007 11:17 AM
To: Frank Fulchiero
Cc: Richard Mavrogeanes;
;
;

;


Subject: Re: Legality of using VLC


I believe that Apple gets away with this because every machine
they sell has a dvd and their os only runs on machines they sell.
(the above may not be entirely true with OpenDarwin)

This sounds like a one-to-one and onto argument for equivalence
to me.
Anyone by this argument?

Brent


On Apr 2, 2007, at 10:24 PM, Richard Mavrogeanes wrote:

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.

If you have a DVD player in the computer, you (or someone) has
already paid to use the MPEG-2 decoder. Why should one have to pay
the decoder license twice?

<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>

I'm not sure I agree with the above. Apple is hosting VLC downloads
on their own servers, and they have pretty savvy lawyers. I doubt
they would host a program that was inherently illegal to use, or
inherently put their downloaders at risk.

They also work with the MPEG2 and MPEG4 licensing agencies on other
issues, it would be hard to "hide" their VLC hosting.

The situation is more that Apple is offering you a free legal car to
drive, and it's only illegal if you drive it over the speed limit.

The legality is what VLC is being used for, I believe. Just like a
copying machine is legal, but not if you copy and distribute
copyrighted works.

Have you heard of anyone being sued for using VLC, or been asked to
stop using it?

Frank Fulchiero
Digital Media Specialist
Connecticut College







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