Hi everyone,
Admittedly, I’m not a tech guy. And all of the points and perspectives given above, seem to me to be very legitimate thoughts and perspectives.
But even though it may be at my peril to chime in here to respectfully disagree with “some” of what has been imparted above, it is however my understanding
(after some research and a some direct exchanges with some department heads at CL corporate in Taipei), that the supposed “For Non-Commercial -or- Private Use Only” issue, is really not necessarily related to any DVD templates, or DirectorZone downloads, or even really to the actual video content.
Those content issues are separate copyright issues, unrelated to the "Non-Commercial Use Only” reference in PD’s EULA
(End User License Agreement).
The “For Non-Commercial Use” issue that was initial referenced when “XG-300” started this thread, is more related to the fact that “some” of the “codec licenses” in a video editing software, comes at different costs and fees.
A licensing fee, that CL pays, and which is ultimately passed on and is reflected in PD’s retail price.
It is my understanding that a codec’s
(e.g. .mp4, .mp3, .wmv, H.264, etc.) patent holder, can and may charge one blanket licensing fee to a software or camera manufacturer, for a use that is intended as being for “Private Use Only” purposes. Then there’s another (presumably higher) licensing fee for “Commercial Use” intended purposes.
For instance, why is it that in PD’s Youtube uploader, that the .wmv format is the only available output format option? A CL department head informed that it’s because the .wmv format / codec is free on the Window / MS platform.
Now I’m sure that someone will jump in here to correct me, if I am way off here.
I am only passing on what I’ve been told, and what I’ve found, owing to a bit of research.
Here for instance, is a portion (albeit one of the older links) of one of the many entries that can be found on the subject of “codec patents and licensing”, via a Google search.
“That ultimately means products that come with an H.264 codec don't also come with a license to use the codec commercially. In order to distribute H.264 content in a way that makes money, the distributor has to pay for a separate license.
So products like Windows 7, Mac OS X, Final Cut Pro, Avid, and modern video cameras aren't licensed to distribute video for commercial use. They all have fine print somewhere that says they're for personal and non-commercial use only. It's language that feels incredibly aggressive and broad, especially since it apparently conflicts with the MPEG-LA's general position that only the final link in the chain, the party selling or distributing the video to the end user, has to pay royalties for using the H.264 encoder.”
Source:
http://www.engadget.com/2010/05/04/know-your-rights-h-264-patent-licensing-and-you/
(But there are many others. Some of which seem to just muddy or contradict the other.)
So perhaps Cyberlink’s legal team, in order to cover all their bases, feels obligated to put a blanket “For Private Non-Commercial Use Only" statement in their EULA, to cover themselves as they have no way of knowing which codec a user may use for any production that a user may distribute commercially for compensation.
(Wedding photo / videographers for instance.)
But I would welcome having any of our more knowledgeable members chime in here and educate me and all of us, with regard to any errors or any inaccuracies that I may have proffered here, with regard to the EULA "Private Use" issue/statement being at it’s core, most likely a bulk Private Use codec licensing fee, versus a more expensive bulk Commercial Use codec licensing "fee issue".
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This message was edited 1 time. Last update was at Aug 20. 2013 09:52
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