UPDATE: Engadget just wrote a reply to this article. The article says that you don't need an extra license to shoot commercial video with h.264 cameras, but I wonder why the license says otherwise, and Engadget's "quotes" of user/filmmaker indemnification by MPEG-LA are anonymous...
UPDATE 2: Engadget's editor replied to me. So according to him, the quotes are not anonymous, but organization-wide on purpose. If that's the case, I guess this concludes that. And I can take them on their word from now on.
UPDATE 3: And regarding royalties (as opposed to just licensing), one more reply by Engadget's editor.
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I think this is what falls under the definition of patto leonino in Italy, that is leonine partnership. In Italian it is more precisely called a leonine agreement, according to which one of the partners, in this case it could be MPEG-LA, enjoys all the benefits, while the other bears the disadvantages or losses. Such agreements are void in Italy as are all the unreasonbable clauses in a contract that are not signed separately one by one.
Edited: misplaced tag.
Edited 2010-05-02 08:37 UTC
Yeah, I was about to say the same about Germany. I'm glad that our jurisdictional system is rather consumer-friendly than enterprise-biased.
We call such contracts "sittenwidrig" which translated means immoral and makes them totally void.
So, my personal consequence is simple: I will use H.264 by using libx264 to convert videos (e.g.: I'm about to convert about 24 family home video tapes into H.264, almost 500GB of raw data) and just ignore those idiots from MPEG-LA. If they're not willing to do fair business, I won't do either and just "steal" their stuff (even though I wouldn't call that stealing for the aforementioned reasons).
Adrian




Member since:
2009-06-20
Is this restriction enforcable outside the US?