Michael - 

The EULA limits FME to stream LIVE content only to FMS, period.   BTW -
FMS funds the development of FME, and if people are using FME without
FMS, then we may have to consider putting a price tag on FME to offset
the development and CODEC licensing costs for the next generation of the
product, what do you think about that solution?

If you can't agree to those terms of the EULA, then I would recommend
you uninstall, or create a project that produces a live feed to Red5.  

BTW - both the Firebird and Camero are owned by GM (Pontiac and
Cheverolet).

Kev.


-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of MichaelChan
Sent: Saturday, August 04, 2007 11:24 PM
To: [email protected]
Subject: Re: [Red5] Flash Media Encoder

Kev
I am not a legal profession but please hear my translation based on what
I see from the licensing provision and point out some weasel word that
might have no teeth when it comes to push in court and like to hear your
response.


On Sat, 2007-08-04 at 12:47 -0700, Kevin Towes wrote:
> Michael.  If you read the EULA you will see the following definition
in
> section 1.  I think it's pretty explicit and not ambiguous at all:
> 
> "Flash Media Server" means Adobe's proprietary software that streams
> audio, video and data over the Internet and IP networks and can be
used
> to create Web-based interactive media applications."
In a legal arena, the combined word of Flash Media Server is branded as
Adobe solution? or Adobe will named its server as Adobe Flash Media
Server in the real world, 
To address the court with reasoning, one will ask how does Adobe claim
in marketing its product?
Adobe Flash Media Server or Flash Media Server without mentioned the
name.
The language used in the licensing agreement here will consider broad
coverage but it is somewhat confusing.
I am in no way trying to break licensing agreement but only point out
the weak point of such provision.
In the developing of advance technology along with rapid changes, this
provision will be consider to be one of many that will acted against
improvement of advance technologies.
I consider the following in an argument platform.
Many developers used FME in creating AVI or Mpeg2 or media files and
converted it to FLV files for media flash player to play under the SWF
extension.
Now the flv can be play under the format of FMS platform or RED5
platform, however, the RED5 is not the actual server that holds the FLV,
but it simply pulls the flv files from a central repository server that
received media files from other flv producers. My question here : 
Where is the break of licensing agreement?
since the FME is only in producing FLV files for FMS, and Red5 is not
FMS but a server that can broadcast FLV files.

Red5 stated on their site the following:
"Red5 is *not* a replacement for fcs/fms, and is thus not "a FMS."  

FME license user produce FLV file using FME, the user deposit the file
into a repository server which is not a FMS but storage server only,
Now Red5 will pull FLV file from the storage server which can  be
produced by other FLV encoders such as MING, Moyea SWF,  

It is legal to have a product done by reverse engineering and the
argument here is a reference between Ford and GM (Firebird and Camero),
the only distinction between the two model is the pointed nose of
Firebird and the flat grill of Camero from looking outside without
looking under the hood and inside, both look the same from outside.
Red5 is a project that will change over time and these changes will also
provide advance changes to our daily life and might improve some people
with great impact to their life.
If we pit the Adobe FME licensing agreement compare against the
Microsoft window IE deployment to OEM vendors (United State Supreme
Court ruled that such licensing is consider to be monopolized in
nature.)
Such argument is considered weight heavy to a company who might
considered to be dominate player. 
My questions to the Adobe group are in two parts:
1. Where is the break of licensing?
2. Does this licensing fall within the MS case US supreme court ruling? 

> 
> You will also see this in section 4.3:
> 
> "4.3 General Restrictions.  When used for streaming the Encoded
Content
> to the Flash Media Server, you may only use the Software to stream
> Encoded Content to the Flash Media Server.  You may not use the
Software
> in any way to create a server, executable, or other program that will
> steam or deliver data and/or content from a client to a server, from a
> server to another server, or from a server to a client. "
> 
> Kev.
> 
> 
> 
> -----Original Message-----
> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
> Behalf Of Michael Chan
> Sent: Friday, August 03, 2007 10:30 PM
> To: [email protected]
> Subject: Re: [Red5] Flash Media Encoder
> 
> Kev
> Just to be sure that we are not in any way disrespect the software
> licensing but to be sure that you are not misleading other in comply
> with some provision that is not specific in nature and it is to allow
> users free to choose of preference. 
> In this 2.1, Adobe only stated that FME must work in conjunction with
> FMS (Red5 is a FMS) and Adobe did not stated in this published article
> that for whoever use the FME, they must also required to use "Adobe"
> brand FMS, if this article become part or  is part of the distribution
> license, and Adobe willing to allow users to use FMS without
> specifically required all users registered to use Adobe brand FMS,
> therefore it is fair to say Adobe itself knowing some users are using
> Red5 to be the FMS.
> If you know some legal cases that Adobe won in the past for such
> violation, please provide us with detail or link for such to support
> your comment so this community can benefit.
> MC
> On Fri, 2007-03-08 at 21:27 -0700, Kevin Towes wrote:
> > In the quote I sent earlier it states "solely to capture
> video...and...
> > stream the Encoded Content to Flash Media Server".  That is the
limit
> > of the license.  So the Adobe FME is meant to stream video only to
> > FMS.  I would encourage the OS community to respect the EULA of the
> > Adobe Flash Media Encoder.
> > 
> >  
> > 
> > Kev.
> > 
> >  
> > 
> >  
> > 
> > 2.  Software License. 
> > 
> >  
> > 
> > 2.1  Software License.  Subject to the terms and conditions of this
> > Agreement, Adobe hereby grants you a non-exclusive, worldwide,
> > royalty-free license to (a) download, install and use the Software
> > solely to capture video and/or audio content ("Content"), encode the
> > Content into Flash Video Format  ("Encoded Content") and record the
> > Encoded Content to a FLV File and/or stream the Encoded Content to
> >  Flash Media Server; and (b) make a reasonable number of copies of
the
> > Documentation solely in connection with use of the Software in
> > accordance with this Agreement, but no more than the amount
reasonably
> > necessary. "
> > 
> >  
> > 
> > -----Original Message-----
> > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
> > Behalf Of Michael Chan
> > Sent: Friday, August 03, 2007 8:10 PM
> > To: [email protected]
> > Subject: Re: [Red5] Flash Media Encoder
> > 
> >  
> > 
> > Kevin1
> > 
> > I am not sure where the term you mentioned that FME (Adobe) stated
> > that
> > 
> > it is not allow in Red5, can you please detail your opinion as how
do
> > 
> > you come to this conclusion. As far as I understood in reading this
> > 
> > along with FME license, it did not specific required FME into any
> > 
> > specific Flash Media server by Adobe.
> > 
> > Please let me know if you have new provision that I am not aware of.
> > 
> > MC
> > 
> > On Fri, 2007-03-08 at 17:35 -0700, Kevin Towes wrote:
> > 
> > > Andrea - You cannot use FME with Red 5 without breaking the
License
> > 
> > > agreement of FME (see attached and below).
> > 
> > > 
> > 
> > > 2.  Software License. 
> > 
> > > 
> > 
> > > 2.1  Software License.  Subject to the terms and conditions of
this
> > 
> > > Agreement, Adobe hereby grants you a non-exclusive, worldwide,
> > 
> > > royalty-free license to (a) download, install and use the Software
> > 
> > > solely to capture video and/or audio content ("Content"), encode
the
> > 
> > > Content into Flash Video Format  ("Encoded Content") and record
the
> > 
> > > Encoded Content to a FLV File and/or stream the Encoded Content to
> > 
> > > Flash Media Server; and (b) make a reasonable number of copies of
> > the
> > 
> > > Documentation solely in connection with use of the Software in
> > 
> > > accordance with this Agreement, but no more than the amount
> > reasonably
> > 
> > > necessary. 
> > 
> > > 
> > 
> > > Kevin Towes.
> > 
> > > 
> > 
> > >  
> > 
> > > 
> > 
> > >  
> > 
> > > 
> > 
> > >                                    
> > 
> > >
> >
______________________________________________________________________
> > 
> > > From:[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
> > 
> > > Behalf Of Andrea :-)
> > 
> > > Sent: Thursday, August 02, 2007 4:29 AM
> > 
> > > To: [email protected]
> > 
> > > Subject: [Red5] Flash Media Encoder
> > 
> > > 
> > 
> > > 
> > 
> > >  
> > 
> > > 
> > 
> > > Hello
> > 
> > > i've just Download Flash Media Encoder.
> > 
> > > I can use it in Red5 (in some Way) or not?
> > 
> > > Sorry, i'm Italian, I Sperak English Just a Little
> > 
> > > 
> > 
> > > -- 
> > 
> > > *Andrea*
> > 
> > > 
> > 
> > > 
> > 
> > > _______________________________________________
> > 
> > > Red5 mailing list
> > 
> > > [email protected]
> > 
> > > http://osflash.org/mailman/listinfo/red5_osflash.org
> > 
> >  
> > 
> >  
> > 
> > _______________________________________________
> > 
> > Red5 mailing list
> > 
> > [email protected]
> > 
> > http://osflash.org/mailman/listinfo/red5_osflash.org
> > 
> > 
> > _______________________________________________
> > Red5 mailing list
> > [email protected]
> > http://osflash.org/mailman/listinfo/red5_osflash.org
> 
> 
> _______________________________________________
> Red5 mailing list
> [email protected]
> http://osflash.org/mailman/listinfo/red5_osflash.org
> 
> _______________________________________________
> Red5 mailing list
> [email protected]
> http://osflash.org/mailman/listinfo/red5_osflash.org


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