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May 28, 2010
Why can't I own my own stuff?
Much as I have been enjoying Linux, one of the biggest hassles I have had (more in some distros, and less in others) has been in the video streaming department. I previously discussed the Flashplayer problem, and a way to work around it, but the main reason for these problems is not technology per se, but licensing. Linux is free, Open Source software and that poses quite a problem in the video department. Sure, there are plenty of codecs that can be installed and configured later, but building them into the distributions is impossible because of licensing laws. Anyway, in the course of looking at the problem I kept stumbling onto something that I find downright creepy. Glenn Reynolds had mentioned it a little while back, and the piece he linked is something I keep running into in these discussions. I keep kvetching about how things are getting to the point where your computer is not yours. Well, it turns out that your camera is not yours. ...there is something very important, that the vast majority of both consumers and video professionals don't know: ALL modern video cameras and camcorders that shoot in h.264 or mpeg2, come with a license agreement that says that you can only use that camera to shoot video for "personal use and non-commercial" purposes (go on, read your manuals). I was first made aware of such a restriction when someone mentioned that in a forum, about the Canon 7D dSLR. I thought it didn't apply to me, since I had bought the double-the-price, professional (or at least prosumer), Canon 5D Mark II. But looking at its license agreement last night (page 241), I found out that even my $3000 camera comes with such a basic license. So, I downloaded the manual for the Canon 1D Mark IV, a camera that costs $5000, and where Canon consistently used the word "professional" and "video" on the same sentence on their press release for that camera. Nope! Same restriction: you can only use your professional video dSLR camera (professional, according to Canon's press release), for non-professional reasons. And going even further, I found that even their truly professional video camcorder, the $8000 Canon XL-H1A that uses mpeg2, also comes with a similar restriction. You can only use your professional camera for non-commercial purposes. For any other purpose, you must get a license from MPEG-LA and pay them royalties for each copy sold. I personally find this utterly unacceptable.I find it unacceptable too. We now live in a digital world. Computers and cameras are basic tools for being able to function in that world. And to the extent they are not ours, we are peons. Serfs. Whether I go out and spend $500 or $5000 for a camera, that damn camera ought to be mine. And the pictures I take with it are mine. This sucks big time. But most users are not worried, because the MPEG-LA lobby is holding off on enforcement until 2015. So you can go right ahead and have your YouTube videos and you don't have to worry that they might not be yours, because the camera you made them with wasn't yours. It's as if they're deliberately leading everyone into an open corral, to be closed later. All cameras, and all video editors and players are encumbered by this restriction: And no, this is not just a Canon problem (which to me sounds like false advertising). Sony and Panasonic, and heck, even the Flip HD, have the exact same licensing restriction. Also, all video editors and official media players come with similarly restricted codec licenses! Apparently, MPEG-LA makes it difficult for camera manufacturers, or video editor software houses, to obtain a cheap-enough license that allows their users to use their codec any way they want! This way, MPEG-LA caches in not only from the manufacturers and software providers, but also artists, and even viewers (more on that later). Maximizing their profit, they are!I have been thinking about it. For two days now. And the more I think about it, the more worried I become. Worried enough to return to something I said in a previous post: ...Software is one of those gray areas between property and freedom, and the waters are further muddied by the fact that it's a form of speech. So, copyright law applies, and Microsoft and Apple are therefore fully justified in licensing and selling their software, as well as (as I must grudgingly admit), use the power of the police to thwart those who violate their property rights. This is problematic, though, especially when they want to go further, and insist on finding property rights in things which are embedded in Open Source software. Wars can result from such stuff, and it is wise for everyone to remember Hemingway's and MacArthur's warnings about "undefended wealth."Fortunately, we're not talking about the ownership of human beings here, but there is a similar philosophical disconnect, with antithetical attitudes. Some people think they own what others think is not theirs to own. The corporations which constitute MPEG-LA think you do not have the right to do what you want with your own property, because they think that part of it is theirs. This problem is not going to go away. posted by Eric on 05.28.10 at 05:59 PM |
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Actually, I think it is the other way around. The MPEG entities are the ones that think that they own all of it, and they are the ones that are mistaken. As soon as they try to enforce it, they will learn what happens when the public turns fully against a special interest.