I forward this to the cooker list.

I wrote to Frauenhofer and their response is below. This does not fully 
answer our question as it does not address Open Source but commercially 
sold software decoders. BUT, it does say the licensing policy has not 
changed and since Mandrake has not been sued up till now, that should be 
a good indicator that Mandrake should continue the way it always has - 
that is to continue (as before) to INCLUDE software based Open Source 
MP3 Players in the distribution.

Hope this helps to calrify the issues involved.

Regards,

Jason Greenwood

-------- Original Message --------
Subject: Re: MP3 Licensing Question
Date: Wed, 28 Aug 2002 22:47:01 +0200
From: Stefan Geyersberger <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
Organization: Fraunhofer IIS-A
To: [EMAIL PROTECTED]
CC: [EMAIL PROTECTED]
References: <[EMAIL PROTECTED]>

Hi,

the following statement was sent to the Slash Dot.org Web site for 
clarification.
It should be up within the next days.

------------------------------------------------------------------------------
Steve Syatt
SSA Public Relations for Thomson multimedia (the lower case is not a 
typo...)
My Tel: (818) 501-0700

Statement from Thomson Multimedia, mp3 Licensing

In a posting appearing Tuesday August 27, 2002 on the Web site
'slashdot.org,' an individual cited a change in the mp3 license fee
structure of Thomson and Fraunhofer.  The writer of the post apparently
misread the mp3 licensing conditions, as Thomson's mp3 licensing policy has
not experienced any change.

To clarify, since the beginning of our mp3 licensing program in 1995,
Thomson has never charged a per unit royalty for freely distributed software
decoders.  For commercially sold decoders - primarily hardware mp3 players -
the per-unit royalty has always been in place since the beginning of the
program.

Therefore, there is no change in our licensing policy and we continue to
believe that the royalty fees of .75 cents per mp3 player (on average
selling over $200 dollars) has no measurable impact on the consumer
experience.
------------------------------------------------------------------------------


Jason Greenwood wrote:
 > Dear Sir/Miss,
 >
 > A war is raging in the Open Source Community regarding MP3 Players. In
 > particular, the inclusion of the XMMS MP3 Player Plugin in the
 > forthcoming Mandrake 9.0 Release. Is it required to obtain a license for
 > software based MP3 Players that are Open Source (Free)?? Your pages used
 > to address this but have been removed. Please clarify for all involved.
 >
 > As an OSS software user I hope that you make exemptions in your
 > licensing for Open Source Projects as improvements in the format are
 > returned to you in the form of source. As such you receive valuable
 > development input in place of royalty fees. I was not commissioned by
 > anyone to write this to you. I am asking on my own behalf and on behalf
 > of Open Source Software Users the world over.
 >
 > Kindest Regards,
 >
 > Jason Greenwood
 >
 >


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