On Tuesday 04 October 2005 08:54, Pascal Bleser wrote:
> 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

Thanks Pascal,

I found that very interesting and informative.

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