Black Magic Design Cameras
To be frank, though, I don't think I will be able to get 50 thousand dollars anyway, so why bother thinking about some Sony. On the other hand I might actually afford to buy and own a good Black Magic Design camera.
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If you are into video editing on GNU / Linux, you probably heard about Davinchi Resolve. A proprietary video editing program that weirdly has a GNU / Linux native version. It is designed by the Black Magic Design company. A manufacturer of cameras.
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Though the program is clearly not Free Software, the intention of at least considering people using Free Software is there. And at least for that I can respect the company.
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They have both professional type cameras competing with Sony Venice. And more pocket type cameras for beginners. But the company is a little strange. Unlike Sony where the professional cameras are super duper expensive and beginner cameras are super duper crappy. Black Magic is not that extreme. The high end cameras that they sell are quite affordable. And the cheaper cameras that they sell are quite high end.
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Even if I buy the cheapest camera that they have Black Magic Pocket 4k I'm still getting a switchable lens, great sensor, insane picture quality, insane low light performance, shooting in RAW and so on an so forth. But weirdly enough. The PDF that explains everything about the camera doesn't even have the words "Subscription" or "License" present anywhere.
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Okay, I though maybe they are doing something like this with their high end stuff. I clicked on the most expensive camera that they have and words "Subscription" and "License" does not appear anywhere.
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The cameras appears to not need a connection to the internet to work. Which is good. Even though they do have firmware updates. But since I can just keep the camera disconnected, I think it's not that bad.
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The prices are so good I can afford the high end stuff that they have. Which is nuts. It records 12K ( 12288 by 6480 pixels ) in 60 fps. Or if I want 240 fps I can still do that in 4K. And it costs only $6.5K? What?
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But there is a huge catch with all of it. Black Magic cameras do not record .mp4 files. Their default file format is .braw which stands for BlackMagic Raw. A file which has only one program that can read it and it's a system-wide plugin ( something like a driver, but for a file-format ) developed by Black Magic. This program is available for GNU / Linux but is very proprietary.
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To obtain it you need to fill up a form in which they ask you your name, email, phone number, country, city and street where you live. I put John Doe everywhere and it let me see the next step, which is a huge License agreement that nobody reads. Shall we read it then?
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To be honest I like the beginning. It starts with:
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IMPORTANT: Read this before installing this software.
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I don't know if anyone ever read it though, but hey. At least they are trying to make people pay attention to the fact that they are about to sign a bloody contract.
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Subject to payment of applicable license fees, Blackmagic Design Pty. Ltd. ("Blackmagic Design") hereby grants to you a non-exclusive license to use this software product (the "Software") and accompanying documentation on the terms below. The Software may be used on a single system only, and may be copied for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
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This is already interesting. They start with saying that you pay for something, while the download link is technically gratis. Perhaps they are using the same agreement for all kinds of software. Which is strange, but okay, fine. Whatever.
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Then they particularly claim that you can use the program only on one system and that you can't give it to nobody else. This means that the program is not Free Software because it already violates the last 2 freedoms to share the program and to share it modified. But then again, using this link you obtain only the binary, so you are also denied the second freedom. In which case, this program is already quite something to stay away from.
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Then the license is going into the whole "No warranty" thing. The kind you can find for obvious reasons in all Free Software licenses. But the kind that is kind of strange for a proprietary program from a professional hardware company. But I guess they all want to cover their asses.
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Then it says:
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Content accessed through or created by this Software is the property of the applicable content owner and may be protected by applicable copyright or other intellectual property laws. This License Agreement conveys no rights to such content.
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Which is nice. At least they are not as evil as Autodesk. Even though this statement is kind of unnecessary to be honest.
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Blackmagic Design has no obligation to issue any updates, revisions, corrections, new versions or manuals for this Software or otherwise to support this Software in any way.
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Is this a thing now that people think that updates are inevitable, to the point that a company needs to write this thing into their license agreement? Like some time ago you would get a disk. And that's what you will get. And if you want the new version, you buy a different disk. What the hell?
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Blackmagic Design reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of this Software.
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Okay this one is kind of bad. Does this imply that the program has a universal back door? Will it change itself on the fly if they suddenly decide that a change is required? It is not very good. Also they might change prices? For something that you download gratis?... Which means they might out of nowhere demand you pay a subscription and the program will refuse to work if you don't? I would not trust my files to that thing, if I want to see those file again.
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Oh an of course they can change licensing terms at will. Brilliant!
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Then they do something interesting. They make you:
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agree to abide by the copyright law and all other applicable laws of Australia, United States and other applicable jurisdictions.
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Which is strange, because Australia and United States have different constitutions. And they want you to obey "all other applicable laws" or in simpler languages "all laws" of both of these countries. Or other countries. How on earth can you obey laws of every country? What if the law in one country contradicts with the law in another country? Is it a genuine mistake, or are trying to trick people? Because if the people obey by all the other rules in this agreement and Black Magic still doesn't want to service those people, they could theoretically claim that since laws are different, it is impossible for a person to obey all laws and therefor it is impossible for a person to obey the agreement. What the hell?
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I know what they are trying to do. They are trying to stop people in a country without copyright, which still have a court system from copying the program and re-distributing it. I get it. And I believe that it just makes the program even more unnecessarily proprietary.
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And of course:
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You may not, permit unlicensed persons to use your copy of the Software, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software
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... they are trying to stop good people from developing a Free Software alternative to it.
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Then it says that you can terminate the license by deleting the program. Or terminate the license by not obeying the license, apart from the part where they claim no warranty and the part where they claim that you have to follow laws and not allow people to reverse engineer the program. So those you still agree to even if you terminate the license. So you can't terminate those two... Hm...
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Then they state that the agreement is governed by Australian laws ( since the company is apparently from there ).
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Then they do this:
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If any provision of this License Agreement is unenforceable, invalid, or violates applicable law, such provision shall be deemed stricken and shall not affect the enforceability of any other provision of this License Agreement.
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Which is interesting. I think they are trying to acknowledge a possibility of some of the stuff on the license to become illegal. Which is interesting type of thinking. Never seen that before in a software license.
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And than they say that you may not change the text of the license. Fair enough, people today can use the Inspector tools to change the text and agree to that instead. Perhaps that is what they are trying to avoid here.
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Then a twist happens. They are suddenly pointing out more rules in a much more legal-sounding language than before. In the end I learned that those things in the beginning are only kind of explaining the legal text. But looking through the legal text I didn't find much difference.
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One of the terms in the legal text is:
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The Licensee agrees to use the SDK only for the Permitted Use and in compliance with all applicable laws, including all applicable intellectual property laws.
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Which basically takes away the last remaining freedom. The freedom to run the program as you wish. What a bunch of assholes!
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Then the legal code is referring to "Sample Source Code" all the time. Perhaps the SDK comes with a piece that they developed that shows how to work with the SDK. So you could develop your own program that run with it. But they say things like:
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Licensee Software subject to Licensor’s ownership of the underlying Sample Source Code and other parts of the SDK
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Which means that even though you hold the copyright for your changes, they hold the copyright too. Which is a weird way to say that nobody can develop any Free Software from that "Sample Source Code" in the package. And if it is the only way to learn how to code for the SDK. Well, they just made me very angry about their company.
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I like the section 2.6 one a lot:
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The Licensor and its suppliers do not warrant that the SDK will be free from all known viruses and the Licensee is solely responsible for virus scanning the SDK
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Very funny.
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Then we have a repeat on everything so far. I guess to hammer down what people are agreeing to. And after a while they have this:
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If the Licensee becomes aware of any actual or suspected internal use or mis-use of the SDK that is not in compliance with the requirements of this Agreement, then the Licensee will notify the Licensor in writing and shall take all reasonable steps required to rectify or prevent any and all uses that are not in compliance with the requirements of this Agreement.
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Which is interesting, because one of the ways to reverse engineer software with such licenses is to be employed by somebody who has Agreed to the contract, but yourself be somebody who doesn't Agree to the contract. They are trying to stop it here too. Shit!
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Of course there is this again:
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The Licensor may immediately terminate this Agreement at any time with or without notice
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Which is just pathetic at this point. As a comparison both GPL and Creative Commons licenses explicitly state that the license is irrevocable. In the case of those proprietary programs they can just say "I don't like you" and fuck you over.
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Upon termination of this Agreement, the Licensee must immediately cease to use the SDK and if capable of return, return the SDK (and all copies thereof in its possession, custody or control) to the Licensor.
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Wait. What do you mean by that? Because later they state that if you are unable to do that, you have to delete the program. So should you mail them a USB drive with it. I don't understand what are trying to say here. It's a thing you download. What, do they have an upload back feature somewhere? LOL!
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To be honest a similar wording can be on a license agreement for their camera OS. And therefor if they decide that you are not worthy ( even if you paid for the camera ) you will have to return the camera to them. I want to see if they have any such bullshit. And if they do. Holly fucking shit!
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Yeah. This was a hell of a stupid legal code.
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To be honest, the camera I was looking at, Black Magic Pocket 4K is also recording in Apple's Pro-Res file format. Which was reverse-engineered since 2011. But I'm kind of pissed.
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Think about it. A person buys a camera. The person is recommended to use a particular file format "BlackMagic Raw" ( or in some cases this is the only format that it can record in ) and then this person makes videos in that format. Then this person need to work with those videos, so he copies them over to the computer only to learn that the computer doesn't understand the format. And so the person goes online, finds the SDK program. And is now literally forced to sign the damn agreement, to get the damn videos to work. This is very nasty.
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