Re: question about commercial use of LAME

"It wouldn't be legally sound for developers to go around claiming which
patents are in use and which aren't."
And this way I can't know is it legal for me to use LAME for commercial use
(for ex., inside Audacity), as I don't know need I pay for license to
Fraunhofer or not.

2015-05-01 20:34 GMT+03:00 Konstantin Smirnov <[email protected]>:

> "I think it's best if you ask the dBpoweramp developer about whether his
> program is fully licensed."
> It's listed on the mp3licensing.com list of companies licensed.
> "It wouldn't be legally sound for developers to go around claiming which
> patents are in use and which aren't."
> Maybe you can say *does the possibilty of commercial using of MP3 created
> with encoder depends ONLY on what patents (algorithms) are used for it, and
> whether are they still active in given country?*
>
>
>
> 2015-05-01 19:51 GMT+03:00 Roberto José de Amorim <[email protected]>:
>
>> I suspect you're better off hiring a lawyer to analyze what patents are
>> being used in LAME.
>> It wouldn't be legally sound for developers to go around claiming which
>> patents are in use and which aren't.
>>
>> Roberto
>>
>>   ------------------------------
>>  *De:* Konstantin Smirnov <[email protected]>
>> *Para:* robert <[email protected]>
>> *Cc:* [email protected]
>> *Enviadas:* Quinta-feira, 30 de Abril de 2015 16:58
>> *Assunto:* Re: [Lame-dev] question about commercial use of LAME
>>
>> Also can you provide please the number of patents used in LAME versions
>> that is used in Audacity and Reaper Cockos. It's interesting for me also
>> as
>> a developer.
>>
>>
>>
>> 2015-04-30 13:22 GMT+03:00 Konstantin Smirnov <[email protected]>:
>>
>> > Hello!
>> > Thanks.
>> > Can LAME developers confirm that as non-free versions of dBpoweramp come
>> > with a fully-licensed copy of LAME so I can use it commercially for
>> making
>> > MP3 (and sell files made in dBpoweramp without any additional actions
>> such
>> > as getting license etc., as license for Fraunhofer was paid)?
>> > Is that a special license that allows users not to pay for making mp3
>> (is
>> > there something on your site about it, on Windows 7)?
>> > As I understand, LAME which one can use with Reaper Cockos and Audacity
>> > doesn't have such license?
>> >
>> > Konstantin
>> >
>> >
>> > 2015-04-30 11:46 GMT+03:00 robert <[email protected]>:
>> >
>> >> Hi Konstantin,
>> >>
>> >> the answer is no.
>> >>
>> >> l3codeca.acm is a MSACM codec filter from "Fraunhofer Institut für
>> >> Integrierte Schaltungen IIS". If I remember correct, that's what
>> >> Microsoft had as part of Windows for quite some time.
>> >>
>> >> LAME has its own encoding engine.
>> >>
>> >> Ciao Robert
>> >>
>> >>
>> >> Am 29.04.2015, 16:02 Uhr, schrieb Konstantin Smirnov <
>> >> [email protected]>:
>> >>
>> >>  Hello, Rogerio.
>> >>> Does LAME use file "L3codeca.acm" on Windows 7?
>> >>>
>> >>> 2015-04-28 17:30 GMT+03:00 Konstantin Smirnov <[email protected]>:
>> >>>
>> >>>  Hello, Rogerio.
>> >>>> Thanks for the answer.
>> >>>> You write: "The *use* of LAME to encode files as MP3 *may* need
>> >>>> licensing, as you read on that page. We, the LAME team, don't really
>> >>>> know
>> >>>> much about if that's needed in your jurisdiction (or other
>> >>>> jurisdictions). It may be.
>> >>>>
>> >>>> But is it a Technicolor license that's needed (maybe)? Why there is
>> no
>> >>>> anything on theirs site (maybe because patents for MP3 still active
>> >>>> only in
>> >>>> US http://en.wikipedia.org/wiki/MP3)?
>> >>>> Or it is another company? Do you ever received such questions from
>> >>>> another
>> >>>> users of LAME?
>> >>>>
>> >>>>
>> >>>> 2015-04-28 4:47 GMT+03:00 Rogério Brito <[email protected]>:
>> >>>>
>> >>>>  Dear Konstantin,
>> >>>>>
>> >>>>> Since this is a message of general interest to the LAME developers,
>> I
>> >>>>> am
>> >>>>> including the other developers in CC, so that the experience of
>> others
>> >>>>> can
>> >>>>> be shared.
>> >>>>>
>> >>>>> On Apr 23 2015, Konstantin Smirnov wrote:
>> >>>>> > I'm a musician from Russia. Can I use LAME encoder for free for
>> >>>>> commercial
>> >>>>> > use to convert my tracks to MP3 (for example, in Cockos Reaper
>> v4.76)
>> >>>>> and
>> >>>>> > later earn on my music?
>> >>>>>
>> >>>>> That's a perfectly fine use of LAME.
>> >>>>>
>> >>>>> > Must I put anything on my Youtube page about LAME if it's inside
>> >>>>> Reaper
>> >>>>> > Cockos?
>> >>>>>
>> >>>>> Regarding LAME, you only have to worry about two things:
>> >>>>>
>> >>>>> 1 - If you distribute a binary copy of it, you must also provide the
>> >>>>>    corresponding source code that was used to build that binary copy
>> >>>>> of
>> >>>>> the
>> >>>>>    program. This is a very important point that we, the LAME
>> >>>>> developers,
>> >>>>>    care about.
>> >>>>>
>> >>>>>    If you are only distributing the *output* of LAME (that is, the
>> >>>>> encoded
>> >>>>>    MP3 files), then everything is completely fine and you don't have
>> >>>>> to
>> >>>>>    provide nothing extra. Profit from your work as much as you want.
>> >>>>>
>> >>>>>    In summary: if you providing binaries of LAME, you also have to
>> >>>>> provide
>> >>>>>    the sources. If you don't distribute binaries of LAME, then you
>> >>>>> have
>> >>>>>    nothing to worry about.
>> >>>>>
>> >>>>> 2 - The *use* of LAME to encode files as MP3 *may* need licensing,
>> as
>> >>>>> you
>> >>>>>    read on that page.  We, the LAME team, don't really know much
>> >>>>> about if
>> >>>>>    that's needed in your jurisdiction (or other jurisdictions). It
>> may
>> >>>>> be.
>> >>>>>
>> >>>>> > And concerning commercial use of MP3 - must I have a license from
>> >>>>> > mp3licensing.com (http://mp3licensing.com/royalty/emd.html) if I
>> >>>>> want
>> >>>>> to
>> >>>>> > earn on Youtube video - both for using LAME and MP3 earning? In
>> case
>> >>>>> of
>> >>>>> > earning on Youtube the broadcaster is Youtube, so it seems that I
>> >>>>> don't
>> >>>>> > have to pay and get any license. So for authors nowadays is MP3
>> free
>> >>>>> for
>> >>>>> > commercial use on Youtube and they mustn't do anything concerning
>> >>>>> > MP3licensing.com?
>> >>>>>
>> >>>>> This is a personal view and others may have different experience
>> (their
>> >>>>> input is highly welcome here): as long as the files ended up on
>> >>>>> Youtube,
>> >>>>> Youtube will transcode the files to other formats (like AAC and/or
>> >>>>> Vorbis)
>> >>>>> and it shouldn't matter what format you originally used to create
>> your
>> >>>>> own
>> >>>>> music.
>> >>>>>
>> >>>>> If you have any potential doubts about if you have to pay for the
>> >>>>> licence
>> >>>>> (we also have), then, for the case of Youtube, you can simply use
>> >>>>> Vorbis
>> >>>>> as
>> >>>>> the audio encoder and let Youtube take the trouble with the
>> licensing
>> >>>>> side
>> >>>>> of things.
>> >>>>>
>> >>>>>
>> >>>>> Hope this helps,
>> >>>>>
>> >>>>> --
>> >>>>> Rogério Brito : rbrito@{ime.usp.br,gmail.com} : GPG key
>> 4096R/BCFCAAAA
>> >>>>> http://cynic.cc/blog/ : github.com/rbrito :
>> profiles.google.com/rbrito
>> >>>>> DebianQA:
>> http://qa.debian.org/developer.php?login=rbrito%40ime.usp.br
>> >>>>>
>> >>>>>
>> >>>>
>> >>>>
>> >>>
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>> >>
>> >> --
>> >> There is an art, it says, or rather, a knack to flying. The knack lies
>> in
>> >> learning how to throw yourself at the ground and miss. Pick a nice day,
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>> >>
>> >
>> >
>>
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