Hello,
This may sound like a strange subject but I have thinking about it lately. One of my hobbies is working with Computers. In the last few months I have been using Linux instead of MS Windows. Most Linux variants are free to download and install on your Computer and to use instead of Windows. I happen to use a Linux version called Ubuntu. The problem isn’t with Linux but some of the things one should install; this is optional, though not necessary but in order to view some online media formats(MP3, WMV, etc) and listen and watch to CD’s and commercial DVD’s one must download and install certain multi-media “codecs”(software) for free. However according to U.S. law doing so is illegal for U.S. Citizens because it infringes on IP(Intellectual Property Rights and patent infringements) in certain other countries doing this is not illegal. Using MS Windows or the Mac OS is perfectly legal. If I don’t want to break U.S. Law I can still use Linux but unless I break the law (technically speaking) then I would not be able to listen to commercial CD’s or watch commercial DVD’s or access most multi-media (MP3 and video) on the Internet. My question is if I use Linux with these “illegally used Codec Software” is it a Sin or even Mortal Sin?
Let’s understand some computers terms first. A codec (short for compressor/decompressor) is a piece of software that compresses raw data into a specific format and decompresses from a specific format to a data stream the computer can use.
It is the format itself that is patented/copyright (I’m not positive which protection it comes under). The codec is also, but other codecs can be created via reverse engineering (not illegal AFAIK).
There are proprietary formats (mp3, wav, etc.) and there are open formats (ogg, flac, etc.). It is only in the area of proprietary formats that there is issue. And the issue is not with decoding the data, but with encoding it. So if you get an mp3 from the internet (assuming you acquire the file it legally), then it is not illegal to use that file. But, if you rip a CD (more on this in a second), if you want to encode it (that is compress it and save it in a specific format) as a mp3, then you technically have to pay a royalty to the company that holds that patent (I have heard that there is more than one company).
Also, Microsoft does NOT hold the patents to the mp3 format - though they do hold them for their file formats: wav, wmv, wma, etc. (basically if it is
designed for Windows Media Player, then they probably developed it and hold the patent). But, they do hold the patents for the codecs that are used for these media types on Windows. But there is more than one way to create a codec and Microsofts way doesn’t mean someone else can’t find some other way to do the same thing (you’ll find this is true in any patented product).
Now, as for audio CD’s. There are two issues. The first is the format of the data. CD’s use the CDDA format. It is an IEC standard - that means that no one owns the rights to the format in the sense of Windows owning the wav format. What’s left is the codecs which as I said above there is more than one way to create them. The other issue is the data itself. That is owned by the artist and/or the artist’s recording company. Now, according to U.S. copyright law, if you pay for the CD you are entitled to the fair use of it. Now there is a bit of a war going on right now on just what fair use entails, but most would agree that it includes your personal use to listen to and to make a backup copy for yourself. And this same (for both issues) applies for DVD.
If you have any other questions - such as specific open source formats (an interesting topic) - please feel free to ask.
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