{"id":85,"date":"2014-09-26T22:14:56","date_gmt":"2014-09-27T03:14:56","guid":{"rendered":"http:\/\/dogphilosophy.net\/?p=85"},"modified":"2024-07-11T17:29:29","modified_gmt":"2024-07-11T22:29:29","slug":"can-we-make-any-mp3-yet-without-trespassing-on-someones-intellectual-precious","status":"publish","type":"post","link":"https:\/\/dogphilosophy.net\/?p=85","title":{"rendered":"Can we make any .mp3 yet without trespassing on someone&#8217;s Intellectual Precious?"},"content":{"rendered":"<p><a href=\"http:\/\/playogg.org\"><img decoding=\"async\" style=\"float: left;\" title=\"I support PlayOgg! Too bad the Free Software Foundation doesn't anymore... 'PlayOpus' would be better now anyway.\" src=\"http:\/\/static.fsf.org\/playogg\/play_ogg_small.png\" alt=\"PlayOgg\" \/><\/a>The crappy-old-mp3 standard has now been around for <del>nearly a<\/del> <strong>more than a<\/strong> quarter-century.<\/p>\n<hr \/>\n<p><strong>UPDATED:<\/strong> this page might be interesting for historical purposes, but as far as I can tell the last of the possible .mp3 patents <em>finally<\/em> expired by 2018 or so. You may now legally use this ancient format however you please. I still say the quality is poor by modern standards, and it&#8217;s still not suitable for low-latency audio, but it does have the advantage that virtually <em>everybody <\/em>supports it and it&#8217;s generally &#8220;good enough&#8221;.<\/p>\n<hr \/>\n<p>Most kinds of audio players and web browsers have supported better, legally-free formats for a while now, but as usual Microsoft and (most prominently) Apple are stuck with only formats that you have to pay a metaphorical &#8220;poll tax&#8221; for permission to use.<\/p>\n<p>.mp3 is one of them, of course. By modern standards, mp3 is pretty poor. It&#8217;s high-latency so it&#8217;s not suitable for interactive or live uses (e.g. VoIP), the quality is lacking at all but the highest bitrates (so you either have low-quality audio or huge files to transmit and store). It&#8217;s also weighed down by a bunch of patents, of course, so you can&#8217;t even legally make or use .mp3 files without somebody paying protection money to some lawyers for permission&#8230;<\/p>\n<p>&#8230;or can you?<\/p>\n<p>Personally, I&#8217;d rather just never touch the stuff (patents or not, the audio format is lacking, and I really don&#8217;t like the fussy, limited little &#8220;id3&#8221; standards for its metadata, either), but I grudgingly concur that having a basic &#8220;fallback&#8221; format that Microsoft\/Apple\/fifteen-year-old-media-player owners could use until they realize they can upgrade to something better by using a different browser\/media-playing app is sometimes helpful.<\/p>\n<p>I occurs to me that with the original specification for .mp3 being published in 1993 or so, more than 20 years ago, and given that patents aren&#8217;t supposed to last more than 20 years, it seems like a reasonable assumption that at least some if not all of the still-threatening patents (the last of which still doesn&#8217;t expire until 2017!) are optional &#8220;optimizations&#8221; or techniques that don&#8217;t necessarily have to be applied to generate a valid .mp3 file that ancient media players (or new media players from ancient companies&#8230;) can at least play back, even if the files are not &#8220;optimal&#8221;.<\/p>\n<p>For example (<b>DISCLAIMER: <abbr title=\"I Am Not A Lawyer (ask a real lawyer, I may not know what I'm talking about here...)\">IANAL<\/abbr><\/b>), <a title=\"A Big List of MP3 Patents\" href=\"http:\/\/www.tunequest.org\/a-big-list-of-mp3-patents\/20070226\/\" target=\"_NEW\" rel=\"noopener\">This Big List of MP3 Patents<\/a> shows that there are<del datetime=\"2015-04-22T19:48:52+00:00\"> 9 <\/del> 6 patents left (as of <del datetime=\"2015-04-22T19:53:12+00:00\">2014<\/del> May, 2015) keeping mp3 locked up. However, at least <del datetime=\"2015-04-22T19:48:52+00:00\">four<\/del>two of those are specifically patents on ways of encoding two or more channels of audio (i.e. stereo, surround-sound, etc.), so a single-channel (mono) audio stream encoded to .mp3 should definitely not trespass on half of those patents. One more appears to be specific to techniques for encoding &#8220;low sampling rate&#8221; audio (i.e NOT the usual 44.1kHz or 48kHz), so a typical 44.1kHz or 48kHz audio source encoded to .mp3 at that rate wouldn&#8217;t trespass, either.(<b>Note:<\/b> Since this post was originally written, a few of the encumbering patents have finally matured into the public domain, hence the edits&#8230;)<\/p>\n<p>That leaves 3 remaining US patents to be tiptoed around to generate legal .mp3 files:<\/p>\n<ul>\n<li><a title=\"Digital encoding process\" href=\"http:\/\/www.google.com\/patents\/US5579430?dq=5579430\" target=\"_NEW\" rel=\"noopener\">Digital encoding process (expires November 26, 2016)<\/a><\/li>\n<li><a title=\"Digital adaptive transformation coding method\" href=\"http:\/\/www.google.com\/patents\/US5742735?dq=5,742,735\" target=\"_NEW\" rel=\"noopener\">Digital adaptive transformation coding method (<del datetime=\"2015-04-22T16:13:51+00:00\">expires<\/del><b>expired<\/b> April 21, 2015)<\/a><\/li>\n<li><a title=\"Digital coding process for transmission or storage of acoustical signals by transforming of scanning values into spectral coefficients\" href=\"http:\/\/www.google.com\/patents\/US5924060?dq=5,924,060\" target=\"_NEW\" rel=\"noopener\">Digital coding process for transmission or storage of acoustical signals by transforming of scanning values into spectral coefficients (expires August 29, 2017)<\/a><\/li>\n<li><a title=\"Method and apparatus for encoding digital signals employing bit allocation using combinations of different threshold models to achieve desired bit rates\" href=\"http:\/\/www.google.com\/patents\/US6009399?dq=6,009,399\" target=\"_NEW\" rel=\"noopener\">Method and apparatus for encoding digital signals employing bit allocation using combinations of different threshold models to achieve desired bit rates (expires April 16, 2017)<\/a><\/li>\n<\/ul>\n<p>Trying to read those things make my head hurt, but it kind of looks to my definitely-non-expert eye like 5579430 has something to do with &#8220;average bit rate&#8221; encoding (not &#8220;constant bit rate&#8221;), so possibly a true &#8220;constant bitrate&#8221; encoding wouldn&#8217;t infringe?<\/p>\n<p>5742735 looks kind of like it&#8217;s both a specific way of designing an encoder (with a &#8220;controller&#8221; and multiple &#8220;multi-signal processors&#8221;), AND possibly involves application of particular and\/or multiple &#8220;psychoacoustic models&#8221; (as I understand it, more or less an algorithm for deciding when some part of the sound can&#8217;t be noticed anyway and can be degraded or thrown out entirely, to save extra room for detail in more important parts of the sound). I&#8217;m at a loss as to whether an encoder like <a title=\"LAME Ain't an Mp3 Encoder\" href=\"http:\/\/lame.sourceforge.net\/about.php\" target=\"_NEW\" rel=\"noopener\">LAME<\/a> actually falls under this patent at all. Anybody know? Even if LAME&#8217;s architecture might trespass on the special &#8220;multi-signal processor&#8221; stuff, might it be possible that running it at &#8220;-q 9&#8221; (&#8220;disables almost all algorithms including psy-model.&#8221;) would avoid this patent?<b>(Furthermore,this patent has finally officially run out and no longer even applies!)<\/b><\/p>\n<p>5924060 is also a bit beyond me, but I notice claim 7 specifically calls for application of a psychoacoustic model, so perhaps &#8220;lame -q 9&#8221; might avoid it entirely? Beyond that, I can&#8217;t tell how avoidable the techniques described are.<\/p>\n<p>6009399 seems to specifically claim using multiple psychoacoustic models at the same time (and then deciding which one works best for a particular sample and using that one, if I&#8217;m interpreting that correctly). Seems like not applying a psychoacoustic model to optimize the encoding would bypass this one, or for that matter even only using one model for the entire encoding process.<\/p>\n<p>So then&#8230;am I correct in thinking that there&#8217;s a good chance that &#8220;lame -q 9 -m m &#8211;cbr&#8221;, given input audio with 44.1kHz or 48kHz sampling rate, would avoid the last remaining patent threats still hovering over mp3?<\/p>\n<p>(And, yes, I&#8217;m aware that the result would sound even worse than usual mp3 files, but the point is merely to generate &#8220;usable&#8221; mp3 data as a fallback for old\/recalcitrant audio players. I&#8217;ve got <a title=\"The Opus Codec is awesome\" href=\"http:\/\/opus-codec.org\" target=\"_NEW\" rel=\"noopener\">.opus<\/a>, <a title=\"Ogg Vorbis is also quite good and better than mp3 at the same bitrates - also quietly widely supported, including ALL Android devices ever made.\" href=\"http:\/\/vorbis.com\" target=\"_NEW\" rel=\"noopener\">.ogg [vorbis]<\/a>, and <a title=\"FLAC for highest-quality lossless audio, when file size\/bandwidth doesn't matter\" href=\"https:\/\/www.xiph.org\/flac\/\" target=\"_NEW\" rel=\"noopener\">.flac<\/a> for high-quality audio.)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The crappy-old-mp3 standard has now been around for nearly a more than a quarter-century. UPDATED: this page might be interesting for historical purposes, but as far as I can tell the last of the possible .mp3 patents finally expired by 2018 or so. You may now legally use this ancient format however you please. I [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=\/wp\/v2\/posts\/85"}],"collection":[{"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=85"}],"version-history":[{"count":10,"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=\/wp\/v2\/posts\/85\/revisions"}],"predecessor-version":[{"id":162,"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=\/wp\/v2\/posts\/85\/revisions\/162"}],"wp:attachment":[{"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=85"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=85"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dogphilosophy.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=85"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}