Re: question about commercial use of LAME

Thanks. At least can you confirm that dBpowerAMP uses your software fully
legal (in all countries (or at least in one))? Or you know nothing about it?
Can you confirm that any of software vendors that use LAME as paid licensed
codec are totally right for commercial use of MP3 created in it (from the
mp3licensing.com point of view)?


2015-05-01 22:09 GMT+03:00 Roberto José de Amorim <[email protected]>:

> Right. We are not supposed to give legal advice. You have to hire a lawyer
> for that :)
>
>
> ------------------------------
>   *From*:"Konstantin Smirnov" <[email protected]>
> *Date*:Fri, May 1, 2015 at 14:40
> *Subject*:Re: [Lame-dev] 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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> >> >>> _______________________________________________
> >> >>> Lame-dev mailing list
> >> >>> [email protected]
> >> >>> https://lists.sourceforge.net/lists/listinfo/lame-dev
> >> >>>
> >> >>
> >> >>
> >> >> --
> >> >> 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,
> >> >> [The Hitchhiker's Guide to the Galaxy] suggests, and try it.
>
> >> >>
> >> >
> >> >
> >>
> >>
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> >>
> >>
> >>
> >
>
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