Cheers and thanks for answering my previosu questions. Im afraid I
usually sound a bit too negative when discussing things, I just want
to get down to issues that sometimes arent all that positiv or
interesting to talk about, but they have implications that get me
thinking and then I start waffling and you see the results ;)

Anyway yeah if I am understanding all this licensing stuff properly,
the rights youve bought from MPEG-LA entitles you to do what you do
with selling divx encoder/decoder, and giving DivX users limited
rights to use the footage. If Im correct, the absolute most rights you
could give the users, would be anything that is listed as free in the
MPEG-LA mpeg4 license about content distributors. Anything that starts
attracting additional mpeg4 fees, will require the user to seek an
additional license.

If ths is correct, then my previous moan is about whether DivX wants
to give us less rights than mpeg4 license would allow. Im not trying
to kill DivX as a viable business, so Id expect you to want to impose
an extra term or 2, its just the indie license went too far for me.
Its great to hear you are working on different license. This post is
mostly just a fear that youd go too far in the other direction and
give us rights that you cant actually give us.

Ahh patents, dont you just love them, even if I locked myself away for
20 years and wrote a new kind of video format from scratch, it'd still
end up infringing god knows how many concepts.

Steve of Elbows

--- In videoblogging@yahoogroups.com, "JV" <[EMAIL PROTECTED]> wrote:
>
> 
> I will make sure this is crystal clear in the license I'm working on 
> (started work after your last post). I obviously can't speak to 
> other companies, but we cover all mpeg-la licenses relating to use 
> of DivX video with mp3 audio.
> 
> 
> --- In videoblogging@yahoogroups.com, "Steve Watkins" <[EMAIL PROTECTED]> 
> wrote:
> >
> > Im just bringing back this informative post because the mpeg4 
> license
> > issues relate to the DivX questions Ive just been asking.
> > 
> > Also unfortunately its of relevance to the discussion about money, 
> its
> > something people like Peter should strictly speaking look at when
> > considering stuff like the PSP version stuff (as thats mpeg4 or 
> h24)
> > and whether it has implications for subscription. 
> > 
> > Most of the rules strike me as just perfect, they wont touch most
> > video creators unless they get popular & rich enough to afford a 
> fee.
> > For people running services like mefeedia, ourmedia, archive.org,
> > blip.tv, the issue may require more attention, I dunno, I havent
> > thought about that much yet.
> > 
> > Anyway in addition to the excellent info by people provided 
> previously
> > (see below), here is a summary of the H264 agreement. 
> > 
> > http://www.mpegla.com/avc/AVC_TermsSummary.pdf
> > 
> > The first part is of interest to people like 3ivx or divx (if they
> > used AVC h264 stuff). Indeed you can find both these companies 
> listed
> > on the standard mpeg4 licensee page, along with the likes of Apple,
> > Sony, Nero, Mainconcept, Ulead, and other companies that have 
> products
> > that include mpeg 4 encoders and decoders. This gives them the 
> right
> > to sell products using mpeg4, and to grant us users the right to 
> make
> > stuff for personal use. The second part deals with content creators
> > and services that make video available, and is similar to the mpeg4
> > terms mentioned in the previous emails below.
> > 
> > The very reason I dont like the DivX license is because its another
> > layer. If I just use a straight mpeg4 or avc/h264 encoder then I 
> know
> > if my stuff ever got popular or I sell it, I can go to the mpeg 
> body
> > and buy a license that covers me, and that doesnt change terms for 
> a
> > reasonable number of years. Wheras DivX are far less clear, I have 
> to
> > contact them to get a clue what their commercial terms are, and 
> their
> > indie license is too short term and limited.
> > 
> > Is .mov another licensing layer? Do apple require any licencing for
> > heavy commercial use of mov files? 
> > 
> > At last Ive found out the reality behind why things like mpeg
> > standards are a good idea. They still arent free, but they enable
> > individuals or comapnies to easily understand and license the 
> rights
> > to use the technology. Just looking at the list of how many 
> companies
> > claim to have some of their intellectual property used in mpeg4, it
> > would be a nightmare trying to license it from all of them
> > individually, having to do a deal with each of them individually in
> > order to be sure that you wouldnt be sued later for using one of 
> their
> > patents.
> > 
> > Im definately not suggesting that most videobloggers need to probe
> > deeply into ths stuff. For most it is just a case of some basic
> > awareness about encoding license issues (eg paying for 3ivx) and
> > remembering to come back to the issue if you start getting insanely
> > popular and using subscription etc models. People with content 
> longer
> > than 12 minutes per video need to pay a little more attention than
> > those doing short clips, especially if you are trying to find a
> > business model for the future.
> >  
> > Steve of Elbows
> > 
> > --- In videoblogging@yahoogroups.com, "nathan.freitas" 
> <[EMAIL PROTECTED]>
> > wrote:
> > >
> > > 
> > > I dug around the MPEG4 LA website and found this from a 
> powerpoint on 
> > > their FAQ page: http://www.mpegla.com/m4v/m4v-faq.cfm
> > > 
> > > Here's my non-lawyer take on it:
> > > -If you are charging per title, and content is less than 12 
> minutes 
> > > long, no royalty. Otherwise, its something like 2 cents per 
> title.
> > > -If you are charging via subscription, and you have less than 
> 100,000 
> > > subs, no royalty.
> > > -If you are doing a "free internet broadcast", then no royalty 
> until
> > 2008
> > > 
> > > Otherwise, once you have a decent audience size and are making 
> money, 
> > > you'll have to pay up. Doesn't seem too draconion to me, though 
> it
> > could 
> > > become a mild pain to worry about for micro-commercial-content
> > producers.
> > > 
> > > +Nathan
> > > 
> > > ****************
> > > Where End User pays for MPEG-4 Video
> > > Title-by-Title - 12 minutes or less = no royalty; >12 minutes in 
> length 
> > > = lower of (a) 2% of first Arm's-Length Sale or (b) $0.02 per 
> title. 
> > > Licensees are (a) replicators of physical media and (b) direct 
> sellers 
> > > of other media.
> > > Subscription (not Title-by-Title): 0-100,000 subs/year = no 
> royalty; 
> > >  >100,000-250,000 subs/year = $25,000; >250,000 – 500,000 
> subs/year = 
> > > $50,000; >500,000-1M subs/year = $75,000; >1M – 5M subs/year =
> > $100,000; 
> > >  >5M – 25M subs/year = $200,000; >25M subs = $300,000
> > > Where remuneration is from other sources
> > > Free Television (not Title-by-Title, Subscription or Free 
> Internet 
> > > Broadcast) - one-time fee of $2,500 per transmission encoder
> > > Free Internet Broadcast (not Title-by-Title or Subscription) – 
> no 
> > > royalty during first term (through 2008; not greater than Free 
> > > Television thereafter)
> > > Enterprise cap - $3 million per year
> > > Royalties payable on products from January 1, 2004
> > > **************
> > > 
> > > More here: http://www.mpegla.com/m4v/m4v-faq.cfm
> > > 
> > > 
> > > Verdi wrote:
> > > 
> > > >For those of you using MPEG4 or H.264 - check out the QuickTime 
> user  
> > > >agreement related to commercial uses (if you are thinking of 
> that):
> > > >
> > > >< http://www.apple.com/legal/sla/quicktime7.html >
> > > >
> > > >
> > > >14. Use of MPEG-4. This product is licensed under the MPEG-4 
> Systems  
> > > >Patent Portfolio License for encoding in compliance with the 
> MPEG-4  
> > > >Systems Standard, except that an additional license and payment 
> of  
> > > >royalties are necessary for encoding in connection with (i) 
> data  
> > > >stored or replicated in physical media which is paid for on a 
> title  
> > > >by title basis and/or (ii) data which is paid for on a title by 
> title  
> > > >basis and is transmitted to an end user for permanent storage 
> and/or  
> > > >use. Such additional license may be obtained from MPEG LA, LLC. 
> See  
> > > >http://www.mpegla.com for additional details.
> > > >
> > > >This product is licensed under the MPEG-4 Visual Patent 
> Portfolio  
> > > >License for the personal and non-commercial use of a consumer 
> for (i)  
> > > >encoding video in compliance with the MPEG-4 Visual Standard 
> ("MPEG-4  
> > > >Video") and/or (ii) decoding MPEG-4 video that was encoded by 
> a  
> > > >consumer engaged in a personal and non-commercial activity 
> and/or was  
> > > >obtained from a video provider licensed by MPEG LA to provide 
> MPEG-4  
> > > >video. No license is granted or shall be implied for any other 
> use.
> > > >
> > > >Additional information including that relating to promotional,  
> > > >internal and commercial uses and licensing may be obtained from 
> MPEG  
> > > >LA, LLC. See http: //www.mpegla.com. For answers to frequently 
> asked  
> > > >questions regarding use fees under the MPEG LA Visual Patent  
> > > >Portfolio License see www.apple.com/mpeg4 or 
> www.apple.com/quicktime/ 
> > > >pro/faq.html.
> > > >
> > > >15. H.264/AVC Notice. To the extent that the Apple Software 
> contains  
> > > >AVC encoding and/or decoding functionality, commercial use of 
> H.264/ 
> > > >AVC requires additional licensing and the following provision  
> > > >applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED 
> HEREIN  
> > > >ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO 
> (i)  
> > > >ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") 
> AND/OR  
> > > >(ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN 
> A  
> > > >PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS  
> > > >OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.  
> > > >INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED 
> FROM  
> > > >MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. 
> > > >
> > > >
> > > >
> > > > 
> > > >Yahoo! Groups Links
> > > >
> > > >
> > > >
> > > > 
> > > >
> > > >  
> > > >
> > > 
> > > 
> > > -- 
> > > +my life: http://nathan.freitas.net
> > > +my videoblog: http://openvision.tv/itcamefrombrooklyn
> > > +my cause: http://tibetwillbefree.blogspot.com
> > > +my skype: nathanialfreitas 
> > > --
> > > 
> > > Find and watch unique internet video through my original 
> software:
> > > I/ON Internet Video Console at http://openvision.tv
> > >
> >
>






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