Why don't they just put a price tag on FME for separate purchase, and then just include it with FMS?
On Aug 5, 2007, at 7:53 AM, Kevin Towes wrote: > 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 > > > _______________________________________________ > 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
