On 09/01/2010 09:15 AM, Paul Giblock wrote:

I don't believe it is valid to draw that conclusion.

The problem is a lack of information, not us trying to hide evidence.

Perhaps a solution is to make the samples available in a seperate package? We can constantly nag the user into downloading the sample pack.  Distros could put the sample pack into nonfree repos?

As far as projects.. I plan to add author and license metadata.

There have been a ton of lawsuits against artists using short clips from other works, though I haven't heard of any related to an instrument sample. Sample CD producers and distributors are extremely protective of their work however, and often use DRM in their new releases in an attempt to avoid piracy or conversion into open formats like WAV or SF2. Reason ReFills use proprietary encryption, and many sample CDs require the use of the manufacturer's software just to use the samples.

I suspect that if AKAI, East West, or some other big name did a side-by-side waveform comparison of an LMMS sample and one of their own they'd raise hell about it were they to match. Adding reverb or modifying the amplitude would nullify a binary match, but you can still tell if it's the same sample by aligning the crests/troughs. Also considering Microsoft's claims about Linux and OSS violating numerous patents, that would do nothing to bolster OSS's reputation as being legally safe to use.

I agree that documentation for each sample is the solution, placing the burden of proof of a sample's freeness on the author making the claim. That would show that all reasonable precautions were taken and provide a layer of protection. Any samples that are unable to be documented should be replaced. That would also allow the samples to be included with LMMS without the need for a second package.

--
Kevin Fishburne
Eight Virtues
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