Macromedia Flash 7 licensing: The devil is in the details
Friday June 04, 2004 (05:30 PM GMT)      
By: Joe Barr
http://business.newsforge.com/business/04/06/04/1643234.shtml?tid=2&tid=82&tid=85&tid=94

Macromedia was trumpeting the news last week that a free version of its 
popular Flash 7 Internet client was now available for Linux. The new 
software gives Linux users greater access to multimedia content on the 
Internet than they would otherwise have. But careful readers of the 
licensing terms for Flash 7 urge caution for both end users and developers 
of Linux distributions.

Under the terms of Macromedia's end user license agreement (EULA), you may 
install the player on only a single computer. If your family has multiple 
computers, I guess you're out of luck. The EULA specifically precludes 
installation on anything but Windows, Mac, Linux or Solaris desktop 
machines. If you're thinking of installing it on a laptop, forget it -- 
it's not allowed, nor are any other kinds of mobile computing devices.

If you're thinking this is silly or stupid, wait, there's more. Installing 
the software signals your acceptance of the terms, and those terms also 
include this little gem:

   2. You agree that Macromedia may audit your use of the Software for 
      compliance with these terms at any time, upon reasonable notice. 
      In the event that such audit reveals any use of the Software by 
      you other than in full compliance with the terms of this Agreement, 
      you shall reimburse Macromedia for all reasonable expenses related 
      to such audit in addition to any other liabilities you may incur as 
      a result of such non-compliance. 

Distribution problems?

NewsForge was contacted by Warren Woodford, creator of the MEPIS Linux 
distribution, asking if we were aware of the restrictions on 
redistribution of the Flash 7 player. We weren't, but we checked it out. 
According to the Macromedia Web site, such distribution is limited to 
Windows PCs. Period. There's no distribution allowed for ISVs or vendors 
of Linux, Mac, or Solaris versions. Warren told us:

   If Macromedia stands by the current agreements as presented on its 
   Web site, then I'll have to create some sort of installer helper so 
   users can easily download and install Flash 7 for themselves with the 
   installer package coming from the Macromedia site. That is what I 
   plan to do for other players, if necessary.

   If there were an opportunity to reason with Macromedia and urge an 
   enlightened approach to Linux, I would point out the NVIDIA EULA, 
   which explicitly makes an exception for Linux and allows their drivers 
   to be redistributed as long as the components, including written EULA, 
   are not modified. 

The terms for distribution of the Flash 7 player currently displayed at 
the Macromedia Web site are very clear. They state "The free Macromedia 
Flash and Shockwave Players Distribution Program is designed for ISPs, 
enterprises, and software developers solely for the Windows PC (including 
Windows 95, 98, 2000, NT, ME and XP)."

Since the press release announcing the availability of the Linux version 
of Flash 7 contained endorsements by Novell, Red Hat, and Turbolinux, we 
found the situation curious, to say the least. After querying Macromedia, 
we received this response from company spokesperson Sandra Nakama:

   We worked with the companies named in the release to enter into custom 
   agreements for them to distribute Flash Player 7. Now that we have 
   released the player we are going to revise the online licensing 
   agreement to reflect our support for redistribution of Flash Player 
   on Linux desktops. 

So it appears the licensing issues restricting distribution of Flash 7 on 
Linux are being addressed and will be removed. Still, for personal use, 
keep the restrictions on multiple machines and laptops in mind, because 
that auditing clause could bite you if you don't.

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