[vorbis] mp3pro and the mp3 streaming license

[Frank Heckenbach]

Roel VdB wrote:

> What do you think is meant by "If MP3 is used for free distribution on
> the Internet, we will not charge royalties" then?  At Thomson they
> know a free radio station has costs and they get funded.  So as long
> as you are not asking $ to hear the stream they can't charge you.
>
> It is _not_ their business how you raise funds.  Can be
> + donations
> + advertising on the site via banners or
> + advertising or thank sponsor messages in the programs sent out via mp3
> which, in the end are all related to the broadcast directly or
> indirectly and all raise funds.
> 
> So when they say "If MP3 is used for free distribution on the
> Internet, we will not charge royalties" this means: we only ask
> royalties if you charge to listen.

Interesting logic. Are you a lawyer, and have you ever tried to
convince a judge with kind of logic? More precisely, are you a
lawyer speaking for Thomson? Otherwise I might prefer to understand
what they actually say, rather than your interpretation based on
what they should/might know, what you consider fair or reasonable
and what might be the most convenient interpretation for the
stations.

> analogy.  Some techie inventing a transistor that is in
> all tv's can't claim 2% of global TV-station-income of their TV
> commercials.

Where exactly in patent law does it say they can't? IANAL, but as
much as I seem to have understood of patent law, they can demand
pretty much anything, and if you don't agree to their terms, they
can forbid you to use their invention at all.

Of course, if the inventors of the transistor had demanded what you
say, the TV makers would have said "no thanks, we stick with tubes",
but the resulting effective limitation on patent royalties would be
not by law, but due to market forces since there was an alternative
available. That's why it's especially important not to let a
patented technology like mp3 or WMA get a (virtual) monopoly.

> Actually, I think now many people are relieved (the low cost, could've
> been much worse) and a significant group, the free radio stations, are
> very happy.

I think that's just the kind of ignorant short-sightedness these
companies like to see. Currently, they might do slow and small
changes, because there's competition, and probably also because they
don't want to make bad headlines that affect the political
discussions about software patents. But as soon as these issues are
resolved (from their POV), i.e. all competition killed, and software
patents made legal worldwide, there's no reason anymore for them to
refrain from much heavier changes in licensing.

> ok, I'll be gone now :)

Spread some misinformation and don't bother to read the replies? Troll!

Frank


-- 
Frank Heckenbach, frank at g-n-u.de
http://fjf.gnu.de/
PGP and GPG keys: http://fjf.gnu.de/plan

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