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Is mp3 licensing required for stand alone apps created with Flash Builder?

New Here ,
Mar 27, 2015 Mar 27, 2015

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I've been writing some interactive educational software in ActionScript that utilizes Adobe AIR and plays mp3 files to communicate/instruct the user.   I was wondering if I would need to pay mp3 licensing fees based on what I found at mp3licensing.com


I wrote to the folks at mplicensing.com and got the following question in reply:


Will the software itself include mp3 decode (playback) capability, or will it be using the decoder provided in Android.  If the software doesn’t include mp3 code itself, but simply includes mp3 files for playback by the hardware device mp3 code, than you would need our content distribution license, not our electronic gaming license.

If this is true, then it may be that no license is needed at all, since we exempt from the need for our license any entity with mp3 revenues below USD $100,000 per year.


I responded:


I am writing this software in ActionScript using Adobe Flash Builder to create a stand alone application that will be bundled with Adobe AIR and use Adobe AIR to run.  AIR supports Android, iOS, PC desktops, and Macs. 


they replied:

I am not sure if AIR will play .mp3 files. If it does, and your code does not have mp3 encode or decode functionality, and AIR is simply used to play the content, and your revenues do not exceed USD $100,000 per year, our license is not required.


My question now is:   Does Adobe AIR use the decoder provided in Android or does it have it's own decoding code?   Are we subject to the licensing fees for games, etc when distributing programs that play MP3 files using Adobe AIR?

Thanks,
Robert

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