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11-25-2008, 02:01 AM
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#1
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Member
Registered: Aug 2004
Location: Australia,NSW
Distribution: CalculateLinux, FreeBSD, Makulu, OpenSuse
Posts: 269
Rep:
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What Software on Linux Is Illegal in Australia?
Hi, -I really need to find out if certain software like (PLF) pkgs & using MP3,MMS Streaming ,Libdvdcss,mpeg2 W32Codecs etc is Illegal in Australia as I heard that some Countries are OK with free Codecs Like Canada.
The Main one I,m interested in mainly is Software to do with MMS Streaming like Libmss & Gstreamer-mss .
I know this Topic has been Talked about lots of times on the Web But I could never find the straight answers I was looking for as Well as finding out if their Legal in Australia.
Thanks anyOne
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11-25-2008, 03:23 AM
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#2
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Senior Member
Registered: May 2008
Location: planet earth
Distribution: Debian
Posts: 1,732
Rep:
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If you want to know whether software is legal or not in Australia you need to talk to a suitably qualified legal practitioner; what would geeks know about the law?
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11-25-2008, 08:06 AM
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#3
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LQ Guru
Registered: Oct 2005
Location: Northeast Ohio
Distribution: linuxdebian
Posts: 7,249
Rep: 
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Well w32Codecs are not free...
Libdvdcss - is certainly not legal in the US, dunno bout where you are at..
Anything in the Debian main repository should be relatively safe, since Debian is 100% free provided you stick to the correct repositories. If you start adding packages from Debian-multimedia.org or the non-free repository then you have crossed the line from free to other..
If you are looking to stream I would look at free solutions like Darwin, VLC, Fluxmotion.
http://www.howtoforge.com/apples-dar...-on-centos-5.2
http://www.videolan.org/vlc/streaming.html
http://www.flumotion.net/
Then just avoid any proprietary codecs and you should be in good shape,..
or purchase legal codecs for Linux.. http://www.fluendo.com/press/releases/PR-2007-01.html
you can get a quick overview of the licensing for the codecs here..
http://en.wikipedia.org/wiki/Comparison_of_video_codecs
Theora is the only codec that is truly 100% safe. - unencumbered, with no proprietary pieces.
I don't know what the rules for usage are on the others, but you can be pretty certain if your site where to become as popular as say YouTube, and you were using a proprietary codec, someone would want a piece of you.
IANAL - and I agree get professional legal advice.
Last edited by farslayer; 11-25-2008 at 08:08 AM.
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11-25-2008, 08:33 AM
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#4
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Senior Member
Registered: Oct 2005
Location: Lithuania
Distribution: Hybrid
Posts: 2,247
Rep:
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Matroska is also free.
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11-25-2008, 09:14 AM
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#5
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Member
Registered: Feb 2005
Location: London, UK
Distribution: Gentoo
Posts: 568
Rep:
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For codecs'es have a look at the links provided by farslayer. In most cases (if not all) you can find free open-source alternatives for those.
The problem is libdvdcss. Apart from the US very few countries have a made a clear stand. So Australia (like the UK) is most likely in the same gray area. However given that this library have been around for years, and that in one of the few cases brought before the courts, the film industry lost (the DVD-Jon case in Norway). I would be tempted to go as far as saying that since no cases have been brought, the film industry have accepted that libdvdcss is legal. The argument that legalised it in Norway was that the industry cannot dictate how you can view a DVD you have bought. That the same library can be used to illegally copy DVDs is not your problem (or as in the case in Norway, the creator's problem).
So in most places (with the exception of USA and possibly some others) I would think it is legal to use libdvdcss to view otherwise legally obtained DVDs.
Mons
EDIT: Check Ubuntu's advice on libdvdcss: https://help.ubuntu.com/community/FreeFormats#Video
It makes the case that viewing legally obtained videos using this library is legal even in the US.
Last edited by monsm; 11-25-2008 at 09:28 AM.
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11-25-2008, 05:52 PM
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#6
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Senior Member
Registered: May 2008
Location: planet earth
Distribution: Debian
Posts: 1,732
Rep:
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Quote:
Originally Posted by farslayer
Theora is the only codec that is truly 100% safe. - unencumbered, with no proprietary pieces.
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Theora's licensing is very permissive, but bits are patented and bits are proprietary. Don't confuse 'free to tinker', 'free to use', 'proprietary', and 'patented' - those are all very different issues which happen to cross paths at times. The eye-pee trolls would love to have people confused like this because it helps their eye-pee crusade. People need to understand the fundamental issues so they can laugh at the eye-pee trolls and tell the trolls what they can go do with themselves.
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11-25-2008, 07:47 PM
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#7
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LQ Guru
Registered: Oct 2005
Location: Northeast Ohio
Distribution: linuxdebian
Posts: 7,249
Rep: 
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Theora is Patent Free...
http://www.fsf.org/blogs/community/playogg-theora-1.0
http://www.theora.org/faq/#14
VP3 has some patents but that has been handled as well..
http://www.theora.org/faq/#24
Is there another piece I am missing ?
Ahh here it is..
Quote:
Theora is free
Theora comes without licensing fees. Neither commercial nor private use will make you owe money to us. The Theora specification is in the public domain, its reference implementation is open source and subject to a license which permits inclusion in proprietary commercial products. On2, which owns patents that apply to the technical foundations of Theora, granted an unrevocable free license regarding those patents.
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Unrevocable free license still sounds pretty good to me.
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11-26-2008, 06:37 AM
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#8
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Member
Registered: Aug 2004
Location: Australia,NSW
Distribution: CalculateLinux, FreeBSD, Makulu, OpenSuse
Posts: 269
Original Poster
Rep:
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I have been using Linux as my No.1 distro for a number of years now & its only just sunk in that certain codecs etc could be illegal as I couldnt understand how you could be made to pay to be able to watch a DVD for example.
I am also wondering if there are sites that may sell codecs cheap ,as I think Linux is so good that I couldnt care if I paid a couple of dollars for a codec or 2 so I can install them on any linux Distro I use -wether its for a years liscence or lifetime ,as no matter how much better Linux gets it will hopefully always be free unlike having to pay to upgrade Windows.
Maybe someone could sell codecs cheap which you then own but if you want to upgrade it in a year or 2 then they could charge a 50 cents or a dollar for every codec upgrade ,But if you dont upgrade it then you still have your Codecs for life to use on linux, .
AnyWay
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11-26-2008, 03:49 PM
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#9
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Senior Member
Registered: May 2008
Location: planet earth
Distribution: Debian
Posts: 1,732
Rep:
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If you already have codecs because, for example, you have a paid copy of WinDuhs I don't see how anyone can say you've done anything illegal. Although the text of the trade agreement between USA and Australia seems to indicate that Australia is meant to produce laws similar to the DMCA and also accept software patents, I doubt that the legislators have been in any great hurry to do that. So if it's for private use, you already have other codecs, and you paid for your DVDs, I don't see how you can be doing anything illegal by watching your DVDs. Even in the USA where some people have suggested that using software like dvdcss to watch your own DVDs may be a violation of the DMCA, I don't believe that is so; I can't imagine a judge who would think it is illegal to watch the DVDs you paid for (unless you robber the neighbor to get a player). I can just imagine the headline: "Man goes to jail for watching Terminator 2".
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