[icecast] [thomas at arkena.com: [vorbis] mp3pro and the mp3 streaming license]

Asymmetric asym at rfnj.org
Sat Jun 9 19:46:29 UTC 2001

At 14:31 6/9/2001 -0500, you wrote:
>On Sat, 9 Jun 2001, Asymmetric wrote:
> > It should be noted that this fee applies only if you are delivering in mp3
> > format "for profit."  If you're doing it for free, you don't have to pay
> > them a dime.. from the quoted URL...
> >
> > ----
> > "If MP3 is used for free distribution on the Internet, we will not charge
> > royalties," he says. But "if people monetize, the inventors should have
> > their fair share," he adds.
> > ----
> >
> > I don't know about the rest of you, but I'm not charging anything.
>Alright, so I don't charge for the stream.  Does not the sales of
>advertisement go against this statement, in particular that last line?  I
>might not charge, but I charge advertisers.  Technically the stream is not
>"free" then is it not?  I realize this is a fine line (splitting hairs),

This isn't really a fine line at all.  If after removing your streaming mp3 
content, you had no basis for charging your advertisers, then it's pretty 
clear that the streaming is the real "source" of the revenue, and not the 
advertisements.  In general, the law has shown that if you use technology X 
in your product, then it is at least in part responsible for the revenue 
generated by your product.

>but does anyone honestly think Thompson is going to let people making
>money on something that is free to consumers stand?

Probably not.. so hopefully vorbis gets it's groove on a bit quicker.

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