Legal MP3 Encoding in USA with Linux?

[sb73542]

Hello,

I am trying to set up a digital recording solution for a non-profit organization. I would like to use Linux because Windows costs too much. But I need to be able to encode some of the organization's original content to MP3 audio, so that it will work with people's MP3 players. I'd use Ogg if I could, but our end consumers are not techy individuals, and very few players support Ogg.

It's imperative that I use software that is 100% free of legal issues in the USA. I can't use anything shady or for which there exists even the possibility of legal trouble in the event of a government audit, etc. Is there any existing software that I can legally use? Or would it be possible for me to use LAME, after paying the MP3licensing company their $0.75? Or do they only license to big companies in volume? Does anyone know if it's genuinely legal to encode MP3 using Windows out of the box?

I'm not concerned at all with the principles of OSS- I personally use Java and Flash, etc. because they are perfectly legal and absolutely necessary. I'm confused about Ubuntu's stance on MP3's, whether they are eliminating official support because of OSS sentiments or because it's truly illegal in some areas.

Thanks for your help!

[poofyhairguy]

Hello,
I am trying to set up a digital recording solution for a non-profit organization. I would like to use Linux because Windows costs too much. But I need to be able to encode some of the organization's original content to MP3 audio, so that it will work with people's MP3 players. I'd use Ogg if I could, but our end consumers are not techy individuals, and very few players support Ogg.
It's imperative that I use software that is 100% free of legal issues in the USA. I can't use anything shady or for which there exists even the possibility of legal trouble in the event of a government audit, etc. Is there any existing software that I can legally use? Or would it be possible for me to use LAME, after paying the MP3licensing company their $0.75? Or do they only license to big companies in volume?

You can't just buy a single license I don't think. The only legal MP3 player in Linux is the Realplayer, maybe it encodes MP3s. I don't know.

I'm confused about Ubuntu's stance on MP3's, whether they are eliminating official support because of OSS sentiments or because it's truly illegal in some areas.

Then let this page explain:

https://wiki.ubuntu.com/RestrictedFormats

Below is the reason why Ubuntu lacks media support for closed codecs "out of the box."

A single example will be used- MP3's.

The group that holds the patent on MP3's demands that for each player with MP3 support a 75 cent fee must be paid:

[WWW] http://www.mp3licensing.com/royalty/index.html

It might not seem like a lot, but when the distro is free then even such a small fee is too much. The only other option is to pay a large one time fee that could otherwise pay a developer to work on Ubuntu for a whole year! So it costs money to distribute software that pays MP3s.

If Ubuntu ignored this, it could be sued in nations like the U.S. where this patent is valid. Either Ubuntu would have to pay up or the developers could never set foot in a country with such patent laws ever again (not reasonable). So because it costs money, Ubuntu has no MP3 support.

Now take this situation, and multiply it times every type of restricted software out there (that isn't a free like OGG) and you see what the situation is. So in order to spend money on developers, not laywers, Ubuntu has to avoid touching these codecs. Even an easier way to install them such as "click here to install" would make Ubuntu an accessory to a crime in many nations.

This is why its important to support open codecs and standards. But Ubuntu can't provide restricted software, or make it any easier because of the law.

[sb73542]

Thanks for your fast reply!

Hmmm. I almost positive that Realplayer doesn't encode anything. It only plays.

I guess I could just use Windows. Anyone know if it's legal with a default Windows install? Thanks!

[sb73542]

Huh, what do you make of this?

http://www.mp3licensing.com/help/#5

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 gross revenue less than US$ 100 000.00.

Does this apply if I'm using LAME or some other OSS encoder that hasn't payed anyone any royalties? And what about a non-profit (and low income too) organization? The MP3's are absolutely not being sold, but it's not exactly a private user...

[Kyral]

Hold up. I thought that the guy who patented the MP3 format could only get away with charging for something that "generated an MP3 complient bitstream"

[sb73542]

Well, a "bitstream" would be generated by reading or writing an MP3 file, correct? It's a well done patent, unfortunately.

[poofyhairguy]

Does this apply if I'm using LAME or some other OSS encoder that hasn't payed anyone any royalties? And what about a non-profit (and low income too) organization? The MP3's are absolutely not being sold, but it's not exactly a private user...

I think you found the clause you needed. As long as the org does not sell them, that says that they can be made.

Use Lame with pride. You just found the loophole you needed.

[Kyral]

Well, a "bitstream" would be generated by reading or writing an MP3 file, correct? It's a well done patent, unfortunately.

I think the bitstream is the MP3 itself. So things like codecs would only read it...

[sb73542]

But I'd still be happy to give them their stinking $0.75 if it gave me more rights.

I assume this means that I am also allowed to listen to MP3's with any player I might choose, as long as I am not generating profit by listening to them?

Thanks for all your help!

[Kyral]

But I'd still be happy to give them their stinking $0.75 if it gave me more rights.

I assume this means that I am also allowed to listen to MP3's with any player I might choose, as long as I am not generating profit by listening to them?

Thanks for all your help!

Holy hell! He found the loophole that might let Ubuntu destribute MP3 codecs outta the box! SCORE!