Has it occurred to anyone that maybe it is not in Adobe's best interest to allow anyone to use FME for any purpose other than to stream to FMS? If I were Adobe, I wouldn't sell FME separately unless the whole world moved to another platform and I didn't want to be left behind. FME is a differentiator - probably one of their last ones too.
Luke Scott wrote: > 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 > _______________________________________________ Red5 mailing list [email protected] http://osflash.org/mailman/listinfo/red5_osflash.org
