Understanding mod_shout "licensing"
Since mod_shout encodes/decodes and audio file in the MP3 format, can someone explain to me how this complies with licensing since MP3 encode/decode software is not "free". Is the patent holder giving a free license to use the technology since it is a open source package? Is another technology being used that does not require licensing? Thanks, Tony
The best site I have seen in regards to mp3 licensing requirements is: http://mp3licensing.com They seem to indicate that commercial use requires a license: http://mp3licensing.com/help/index.html#4 http://mp3licensing.com/help/index.html#5 I am not a lawyer, I have no knowledge if this site represents all possible patent claims related to mp3. As always, I would advise people using technologies they suspect are patent protected to seek legal advice to understand their own obligations based on their use and legal jurisdiction. Mike On Jun 21, 2010, at 8:56 AM, Tony Graziano wrote:
Since mod_shout encodes/decodes and audio file in the MP3 format, can someone explain to me how this complies with licensing since MP3 encode/decode software is not "free".
Is the patent holder giving a free license to use the technology since it is a open source package? Is another technology being used that does not require licensing?
As such, is there a peer review board in FS of any sort to keep potential plugins out of the project unless they properly comply with copyright and patent laws? If not, why? The G729 plugin has a license function. Why wouldn't something like MP3? What is the benefit to FS of accepting a plugin from anyone that is operating without proper licensing from a copyright or patent holder? It seems like a slippery slope to me. I feel these are legitimate questions, and was wondering if there was a centralized license function so licenses for things like G729 and MP3 (or anything else) could be administered and offer to allow a firm to operate a legitimate server. Thanks, Tony On Mon, Jun 21, 2010 at 3:39 PM, Michael Jerris <mike@jerris.com> wrote:
The best site I have seen in regards to mp3 licensing requirements is: http://mp3licensing.com They seem to indicate that commercial use requires a license: http://mp3licensing.com/help/index.html#4 http://mp3licensing.com/help/index.html#5 I am not a lawyer, I have no knowledge if this site represents all possible patent claims related to mp3. As always, I would advise people using technologies they suspect are patent protected to seek legal advice to understand their own obligations based on their use and legal jurisdiction. Mike On Jun 21, 2010, at 8:56 AM, Tony Graziano wrote:
Since mod_shout encodes/decodes and audio file in the MP3 format, can someone explain to me how this complies with licensing since MP3 encode/decode software is not "free".
Is the patent holder giving a free license to use the technology since it is a open source package? Is another technology being used that does not require licensing?
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Hello Tony, The G729 plugin has a license function. Why wouldn't something like
MP3? What is the benefit to FS of accepting a plugin from anyone that is operating without proper licensing from a copyright or patent holder?
from the same website (http://mp3licensing.com/help/index.html#4): "However, no license is needed for private, non-commercial activities (e.g., home-entertainment, receiving broadcasts and creating a personal music library), not generating revenue or other consideration of any kind or for entities with associated annual gross revenue less than US$ 100 000.00." Not every use of mp3 requires licensing, so if *we* want to use freeswitch with commercial purposes, they make it possible to use mod_shout but it is up to *us* to make sure we are not going against the laws. Just the same way stores sell you a CD/DVD and it is up to you if you're going to reproduce/redistribute the author's music for non-personal uses without his permission. I know it would be nice if we could have all the information given with just installing FreeSWITCH and i think a "licensing feature" is a nice suggestion but I am not quite sure about the funding needed for such a thing. If you need additional dedicated support you can always email consulting@freeswitch.org and check if they provide such services or find legal advise from an expert in your region. As such, is there a peer review board in FS of any sort to keep
potential plugins out of the project unless they properly comply with copyright and patent laws? If not, why?
It seems like a slippery slope to me. I feel these are legitimate questions, and was wondering if there was a centralized license function so licenses for things like G729 and MP3 (or anything else) could be administered and offer to allow a firm to operate a legitimate server.
About those other 2 questions I don't know, wait for someone else to reply to that. Have a nice day. -Milena
Since we don't distribute or build mod_shout in any binary form... its not our job to police the patent's. Thats you the end users responsibility. You build it.. you load it... its on you. We have ZERO interest in any patent and licensing of MP3 in FreeSWITCH as a product. mod_shout uses two external libs that are downloaded and built against when YOU build it. /b On Jun 23, 2010, at 10:51 AM, Milena wrote:
It seems like a slippery slope to me. I feel these are legitimate questions, and was wondering if there was a centralized license function so licenses for things like G729 and MP3 (or anything else) could be administered and offer to allow a firm to operate a legitimate server.
About those other 2 questions I don't know, wait for someone else to reply to that.
Have a nice day. -Milena
On 06/23/2010 11:51 PM, Milena wrote:
Hello Tony,
The G729 plugin has a license function. Why wouldn't something like MP3? What is the benefit to FS of accepting a plugin from anyone that is operating without proper licensing from a copyright or patent holder?
from the same website (http://mp3licensing.com/help/index.html#4): "However, no license is needed for private, non-commercial activities (e.g., home-entertainment, receiving broadcasts and creating a personal music library), not generating revenue or other consideration of any kind or for entities with associated annual gross revenue less than US$ 100 000.00."
Not every use of mp3 requires licensing, so if _we_ want to use freeswitch with commercial purposes, they make it possible to use mod_shout but it is up to _us_ to make sure we are not going against the laws. Just the same way stores sell you a CD/DVD and it is up to you if you're going to reproduce/redistribute the author's music for non-personal uses without his permission.
The part you quoted there relates to content licencing, not hardware/software licencing. The whole issue of content licencing seems vague on that site. What constitutes distribution? Does mailing people their voice mails converted to MP3 count as distribution? It seems that every single copy of hardware and software must be licenced, and the low volume charges are clearly listed, as is the minimum of $15,000 per annum. Steve
participants (5)
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Brian West
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Michael Jerris
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Milena
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Steve Underwood
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Tony Graziano