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houghi wrote:
> On Tue, Oct 04, 2005 at 08:37:35AM +0200, Marcus Meissner wrote:
>> The problem is that they have to integrate tightly with the shipping X Server
>> to fulfill the mandatory copy protection mechanisms (macrovision).
>> This makes shipping a generic DVD player for Linux very difficult.
> Ah, so if there would be a legal version of libdvdcss2, that would cause a
> problem? Somehow I do not think so.

Be careful to distinguish between copyright and patents.
That's probably what's the most misleading with libdvdcss2.

- From the copyright aspect, there's no problem whatsoever, as libdvdcss2, mad 
and lame are (L)GPL (or
BSD or whatever, they're OpenSource).
So, from that point, you might very well package it and distribute it according 
to their license
(=(L)GPL).

The problem is with patents and licenses that apply to the underlying 
technologies.

For MP3, the issue is with the patent license: as already discussed often on 
this list, a few
businesses (Thompson and Frauenhofer, amongst others) hold patents on various 
parts of the MP3
technology.
Yes, it's even that bad: it's not just one company having the patents, it's 
several of them.

Some of them specify that you MAY NOT distribute implementations of their 
technology without buying
patent licenses on them. That is the reason why mad (an MP3 decoding library) 
is (L)GPL, but may not
be distributed for free as part of SUSE Linux OSS. The "commercial" (boxed) 
SUSE Linux version may
do so because Novell is a licensee and pays a distribution fee to the patent 
holders. Of course,
that license fee is included in the price of the boxed set.
It's even worse for e.g. lame (an MP3 encoding library), as their patent 
[license] restrictions on
MP3 encoders are very harsh.

Maybe now you realize with Ogg/Vorbis is so important and why you should 
definately use Ogg/Vorbis
(or Theora) when you rip and encode your music or movie collection.
Ogg/Vorbis is not only Free software, it's also _free from patents_:
"Ogg Vorbis is a completely open, patent-free, professional audio encoding and 
streaming technology
with all the benefits of Open Source." (http://www.vorbis.com/)
Also read the 3 paragraphs on their website, starting here: 
http://www.vorbis.com/faq/#com

With libdvdcss2, it's even more complicated, as it might infringe patents, 
depending on the country
you live in (and its laws). Given how aggressive the music and movie industry 
is at the moment, that
means you're potentially a legal target for them, pretty much anywhere in the 
world.
And it doesn't even matter if you're right or wrong, patents are basically cash 
machines.

So, to summarize: libdvdcss2 is (L)GPL, but infringes patents because they 
break the conditions by
which you are allowed to play encrypted DVDs.

As a side note: never, ever use the term "intellectual property". It doesn't 
mean a thing.
That's a PR term (probably invented by SCO ;)) that very vaguely refers to 
copyright and patents,
which are two totally different things. "Intellectual property" is not a term 
that has any "legal"
meaning.
So make sure to use the correct terms "copyright" and "patents", appropriately.

> To build an installer around that should not be too hard, be it deb, rpm, tgz 
> or even a binary.

Well, I'm afraid that even providing an installer could get you into trouble.
Depending on the country you live in and the country where your installer is 
hosted, it can.
As an example: recently, in Germany, Heise (the largest IT news website and 
magazine publisher in
Germany) has lost in court because they were publishing a *hyperlink* to a 
DeCSS2-capable DVD ripper
software (for Windows). They're appealing, but who knows how this will end.

It's a sick, sick world, and I'm afraid we ain't seen nothing yet.

Hope this clarifies the MP3 and DeCSS2 shmoo once for all.

cheers
- --
  -o) Pascal Bleser     http://linux01.gwdg.de/~pbleser/
  /\\ <[EMAIL PROTECTED]>       <[EMAIL PROTECTED]>
 _\_v ===> FOSDEM 2006 -- February 2006 in Brussels <===
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