Question... couldn't you make a flash app with live streaming? (you  
can set the frame rate and frame size)

On Aug 5, 2007, at 8:30 AM, Sales Department wrote:

> 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:red5- 
>>>>> [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:red5- 
>>>>>> [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*
>>>>>>
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>>>>>>
>>>>>
>>>>>
>>>>>
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