The Boxee Bubble: Copyright infringements

Based on the same shared GPL v2 code there is some serious development on all kind of platforms, with all kind of software developers. But there are big differences: XBMC is an open source product and forks like Plex, Voddler and Boxee created closed source code for important and new features.

Boxee, Media Portal, Plex and Voddler are all Forks derivated from XBMC. This means those products started off sharing the same code and functionalities; those products share the same roots and have got the same soul; only different characteristics. Mostly this forking happens when e.g. a part of the community from XBMC thinks things should be done differently. So they are taking the source code and starts developing their own code from there. As time evolve more differences can occur.

I am not saying that all forks have problems with their original source; forking can also be due to technical issues, marketing issues or even ego issues. Forks can also be friends with their original source; they even can donate code back. In this case, technically it’s better to speak of a branche.

XBMC closed the gap between forking and branching with it´s generic and fully functional, multiple DLL Loader. This feature is very handy but it makes sense in Media-related software; You can dual-license a new library from which you own the copyright and load it dynamically with the DLL-loader. Better yet, create a separate deamon backround applications that run in the background and service XBMC with content as then you could choose to release that separate application under any license you choose or even keep it closed source if you like.

The problem is, given the booming Media market, XBMC just begs to be forked. This way Voddler and Boxee choose to commercialize the Code: adding closed source components (a streaming platform, content paymentmodels  and  social layer) to relate to the commercial world.

Boxee is redistributing XBMC Code with closed source components for:

1. streaming content. This component is called “bxflplayer” and  also “libflash”. This is used to view online content;
2. a payment model for their streaming services. they share revenue with Content Providers;
3. social networking. This component is called “libboxee”. It deals with proprietary methods of communication with Boxee’s online back-end server which handles the user account information and social network communications between the users in the Boxee userbase.
4. They use a bootloader.

Boxee is redistributing The Code under a custom license or even without a license and without access to the source code. Either way, Boxee can not protect it´s intellectual property, but it prevents users to exercise their GPL-rights to redistribute those components and backport it into XBMC. This is not in the spirit of Open Source, the GPL and the FSF but it is no problem to the XBMC Foundation.

Essentially, XBMC business case is monetized by the forks. You can say the forks evolved from the XBMC community to the capital market (26 million dollar for Boxee and also many millions for Voddler & Plex). But there is a big BUT:

All commercial forks are preventing users to exercise their rights to redistribute those closed sourced unique executable.

This is disputable and a common problem related to GPL v2. But the spirit of the GPL is definitely violated. In other words, Boxee uses the Freedoms provided by the GPL (thanks to flaws in v2) to capitalize community commons with the approval and cooperation of the President of the XBMC Foundation. Such scam is a total disrespect to the FOSS community and could potentially kill the FOSS movement.

XBMC Foundation has a total different attitude towards Boxee then to Voddler: In Boxees case it’s no problem but in Voddlers case (like in the Plex case) it’s a moral matter. Why? Formally, there are no ties between Boxee and the XBMC Foundation. In practice, there are many ties between Boxee and XBMC through 3rd party cooperations (owned by XBMC Board members). And… a boxee representative is Board Member of XBMC Foundation.

Boxee has been a great XBMC sponsor so far: they donate half the price they won and the helped initial support for infrastructure. Above all, they helped setting up the XBMC Foundation. Besides, it’s no secret that Boxee is working closely with team-xbmc. In fact, two boxee developers are (definitely were) on team-xbmc and some key figures at Boxee are former XBMC members. e.g. XBMC lead developer Roee Vulkan now is Vice President at Boxee. What a great sponsor! Off course, Boxee forked XBMC in return which creates a very interesting but dubious playground, where both parties are each others business partner and competitor at the same time. This must be the reason XBMC Foundation is having no problems with those copyright infringements. That, or they even can´t enforce the GPL.

For a moral and legal opinion about the problem with Boxee (redistribute GPL v2 software with closed source unique executable), the Free Software Foundation (FSF) should give their advise.

In order to give media consumers what they really want (= open source media center software for unified content distribution), those streaming services and payment models for content providers really need to be within the XBMC Framework. I see these features as an opportunity to stay independent from third part suppliers concerning streaming media and an opportunity to better compete the forks.

Can XBMC Foundation get their act together and repair underlying problems? Having this great community and a true Open Source Media Player is unbeatable, even for VC funded forks.