Since my last post regarding the conversion of media from Channel 9′s Catch Up service, I have been in discussion with the company behind this technology, Hiro-Media. My concerns were primarily around their use of the open source xvid media codec and whilst I am not a contributor to xvid (and hence do not have any ownership under copyright), I believe it is still my right under the GPL to request a copy of the source code.
First off I want to thank Hiro-Media for their prompt and polite responses. It is clear that they take the issue of license violations very seriously. Granted, it would be somewhat hypocritical for a company specialising in DRM to not take copyright violations within their own company seriously, but it would not be the first time.
I initially asserted that, due to Hiro’s use (and presumed modification) of xvid code, that this software was considered a derivative and therefore bound in its entirety by the GPL. Hiro-Media denied this stating they use xvid in its original, unmodified state and hence Hiro is simply a user of rather than a derivative of xvid. This is a reasonable statement albeit one that is difficult to verify. I want to stress at this point that in my playing with the Hiro software I have NOT in anyway reverse engineered it nor have I attempted to decompile their binaries in any way.
In the end, the following points were revealed:
- The Mac version of Hiro uses a (claimed) unmodified version of the Perian Quicktime component
- The Windows version of Hiro currently on Channel 9′s website IS indeed modified, what Hiro-Media terms an ‘accidental internal QA’ version. They state that they have sent a new version to Channel 9 that corrects this. The xvid code they are using can be found at http://www.koepi.info/xvid.html
- Neither version has included a GPL preamble within their EULA as required. Again, I am assured this is to be corrected ASAP.
I want to reiterate that Hiro-Media have been very cooperative about this and appear to have genuine concern. I am impressed by the Hiro system itself and whilst I am still not a fan of DRM in general, this is by far the best compromise I have seen to date. They just didn’t have a linux version.
This brings me to my final, slightly more negative point. On my last correspondence with Hiro-Media, they concluded with the following:
Finally, please note our deepest concerns as to any attempt to misuse our system, including the content incorporated into it, as seems to be evidenced in your website. Prima facia, such behavior consists a gross and fundamental breach of our license (which you have already reviewed). Any such misuse may cause our company, as well as any of our partners, vast damages.
I do not wish to label this a threat (though I admit to feeling somewhat threatened by it), but I do want to clear up a few things about what I have done. The statement alleges I have violated Hiro’s license (pot? kettle? black?) however this is something I vehemently disagree with. I have read the license very careful (Obviously as I went looking for the GPL) and the only relevant part is:
You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.
Now I admit to being completely guilty of a single part of this, I have attempted to discover the source code. BUT (and this is a really big BUT), I have attempted this by emailing Hiro-Media and asking them for it, NOT by decompiling (or in any other way inspecting) the software. In my opinion, the inclusion of that specific part in their license also goes against the GPL as such restrictions are strictly forbidden by it.
But back to the point, I have not modified, translated, disassembled, decompiled or reverse engineered the Hiro software. Additionally, I do not believe I have adapted it either. It is still doing exactly the same thing as it was originally, that is taking an incoming video stream, modifying it and decoding it. Importantly, I do not modify any files in any way. What I have altered is how Quicktime uses the data returned by Hiro. All my solution does is (using official OSX/Quicktime APIs) divert the output to a file rather than to the screen. In essence I have not done anything different to the ‘Save As’ option found in Quicktime Pro, however not owning Quicktime Pro, I merely found another way of doing this.
So that’s my conclusion. I will reply to Hiro-Media with a link to this post asking whether they still take issue with what I have done and take things from there.
To the guys from Hiro if you are reading this, I didn’t do any of this to start trouble. All I wanted was a way to play these files on my linux HTPC, with or without ads. Thankyou.