For anyone using Boxee, you may need to remove the app from My Apps and wait for Boxee to refresh its repository index, but eventually version 0.7 should pop up. Its a few rough in places so I hope to do another cleanup within the next few weeks, but at least everything is functional again.

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.

Any thoughts?

The only reason for not releasing a program such as this under an open source license is security. If the ATO is so worried about security then, in my opinion, they have a poorly written system and should be addressing this. It is bad enough that large companies are able to hide their shabby products behind closed source, we should not be permitting our government agencies to be doing the same thing.
Its the old thing of “if you’ve got nothing to hide you’ve got nothing to be worried about”.

I’m not even going to mention areas such as accountability, standards compliance, accessibility issues etc, but in an ideal world where governments are FOR the people, begging for openess would not be an issue.

Edit: What’s worse is that I just went to download this application and found that it won’t let me do it with Firefox! Not even download it! This is nothing if not descrimination against free software. There is no possible way that they can argue IE is either more secure or more standards compliant and yet they will force me to upgrade a piece of software I don’t even use before I cn download a single file. If they are using IE’s library files to submit returns then god help us all.