Forgent Networks Wins $25M from Sony for JPEG Patent
SuperBanana writes "A story at the Imaging Resource reports that Forgent Networks just won a $25m lawsuit against Sony, for unpaid royalties on patents Forgent bought back in 1997 for $65,000(there's a nice return); the lawsuit concerns patents on 'JPEG encoding and decoding', which Sony's cameras supposedly infringe upon. Sony is challenging the ruling. Older Slashdot stories covered this back in 2002 when this first popped up on people's radar screens, mainly when the ISO threatened to revoke JPEG's ISO status unless Forgent stopped throwing its weight around. Supposedly Forgent only has until 2004 to get all it can out of the patent."
I bet there was a lot of people's reaction to the title that went something like this:
"I hope this doesn't change anything about my JPEG pr0n"
The patent system is increasingly under abuse, and the US Patent office will allow anything through. It's past time for a revamp of the whole system, the removal of a lot of patents and make some areas un-patentable again.
-- oldthinkers unbellyfeel ingsoc
Supposedly Forgent only has until 2004 to get all it can out of the patent.
Isn't a 384.6% return-on-investment enough for them to have got out of it already?
- Welcome the coming of the New World Odour
Nothing wakes up the apathetic masses quite like this ruling. I wonder if we will ever live in a world where more than 5/10 people realize the importance of open standards. I can dream.
Does this also affect JPEG 2000?
Shows that one should use media that is open and patent free (such as ogg/png/etc) after all...
PNG and LWF - though Lurawave is proprietary
That was classic intercourse!
They claim they couldn't read the "pay royalties" memo because it was a low-quality save and therefore too blurry...
- Welcome the coming of the New World Odour
How about GIF? Oh hang on doesn't somebody own the patent for that as well?
Yes - the PNG format. it's free, works as well(if not better than Jpeg), and all the browsers support it.
We've been using PNG for the past 3 years for our projects without any problems or hitches.
Take a look at the PNG Home Site
This sux. Can I say it loud_enough. These people did not earn this, same as the cretin water rights speculators. How about someone heads over there and throws a few bricks through their stupid selfish window.
The legal system has become the new stock exchange. Bloody Hell. They should all be charged for treason.
matt
I thought JPEG was an open standard, why does Forgent stand to profit from this?
Unlike GIF, JPEG was established by a standards body (ISO). Now they want to renege on that.
Register has more info on this one. Weird.
Eric Sarjeant
eric[@]sarjeant.com
There is a fine line between Patents protection and prevention of the propagation of technology. How close do you hold your cards to your chest before you release that your product is so proprietary that no one uses it?
... some of us need to get paid, but chasing patients on industry standards just because you gave it away and now EVERYONE uses it is dumb.
Sony was using JPEG in there cameras... that kept the oh so VALUABLE compressed image technology on our systems. If yah sue everyone that uses your tech then your tech will disappear. We have maybe one other image compression tech? oh no wait, we've got a tone.
I'm not an open source junky
-- Disclaimer: I can't really back up anything I post on
Can I get a patent that covers the application of coloured "pixels" of coloured compounds to a flat surface to be used as an approximation of my visual interpretation of the world as I see it?
I agree, PNG is brilliant, but IE doesn't support it fully, which hinders its use by webmasters a lot (seeing as IE ownz0rs the market, for better or for worse).
When I am king, you will be first against the wall.
A standard is something people agree on.
Just because someone somewhere says "this is standard" it does not revoke patents other individuals or organizations have.
It wasn't Forgent Networks that won the 25m, it was St. Clair Intellectual Property Consultants Inc.. It just happens to be that the Forgent Networks patent lisence fees that Sony began paying allowed St. Clair to win the case.
We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
Doesn't the linked story say the company behind _this_ lawsuit is St. Clair Intellectual Property Consultants Inc - and the Forge's suit was earlier?
it's in my head
The headline and the text of the Slashdot submission are wrong. Sony paid $16M to Forgent Network some time ago as part of an out-of-court settlement. But this article is about a different company: St. Clair Intellectual Property Consultants Inc. of Grosse Pointe, Mich. That company is the one that has won $25M in court.
Please read the text of the article and the press release appended to it, and you will see a different story than the one given in the Slashdot submission. The press release contains a quote saying: "this lawsuit is similar to out-of-court settlements reached by Forgent Networks and Dallas based law firm [...]" but the two cases are different. They are both bad, but the companies are different.
-Raphaël
imagine if saddam hussein had a patent on GPS....
dear mr. bush,
i am the owner of Iraqi patent 01 entitled "method and apparatus for satellite navigation" issued just today.
it has recently come to my attention that your country is infringing my patent.
every night - and increasingly all day long - tomahawk and ballistic weapons with GPS guidance have been used in an infringing manner in many cities in iraq.
unfortunately, this patent is not available for license. we hope to be able to resolve this matter in an amicable manner, but please be advised that iraq respects patent rights and we will take legal action if necessary.
yours, etc.
saddam
The patent on GIFs expires soon (June) .. I wonder if Unisys will donate the patent to the public domain a month before it expires (in the tradition of RSA) or will they wait around till it expires and milk every dime off a patent everybody knows they dont deserve.
Actually, this has nothing to do with Forgent.
RTFA!
If you can give a product to the ISO body as a standard, then still file patent claims against people, then what does the ISO standard mean???
.Net functionality?
Does this not pave the way for MS to enforce patents on anyone implementing their
Also, why is it that people say Java is proprietary, but ISO standards are not? In the JCP, in order to get anything accepted, you must relinquish all patent rights in it. Sounds to me like the JCP is better than ISO of ensuring that a standard is not proprietary.
Karma Clown
"Supposedly Forgent only has until 2004 to get all it can out of the patent."
So what? They can still dedicate the next 20 years suing people who violated their patent before 2004.
even if png is good, how do you know there is not some company somewhere, with a broadly worded patent in it's pocket, just waiting for a suficient big player to use it, and being sued?
Instead of working hard and being creative, companies (and individuals) have chosen to litigate with crooked lawyers. These lawyers (think Johnny Cochran type) aren't creative, aren't smart, they are simply crooks. It's almost like they advertise and recruit through high profile cases such as this. Juries, Judges, and the public at large are being taken advantage of the same way the mafia takes advantage of an industry or commodity. In this case and cases such as Bezos being able to patent every type of transaction that uses a mouse click, and in most cases, the entire Microsoft Apple/Netscape trials, the judicial systems knowledge of the small details are taken advantage of.
I agree with you, this will have the effect, if successful, of invalidating the technology (JPEG) - a new standard will arise. I am both happy and concerned that it may be Sony though. They have the muscle and marketting/liscensing power to make a new standard adopted very quickly. However, they also tend get all googly eyed when they have the opportunity to make something proprietary and be the SOLE distributer or patent/copyright/license holder.
Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
In my experience 24-bit PNG files are much bigger than JPEG at the quality typically used for web images.
PNG is a very good picture format. However, you cannot simply replace JPEG with PNG. Both PNG and JPEG compress images, but PNG is lossless while JPEG is lossy.
While for say, web graphics PNG may be as good as JPEG, The compression ratio for JPEG is in general much much better for natural images (eg photos). If the patent issue turns out to become very nasty, we may have to adopt the next one (JPEG2000). Situation is similar to the gif->png story.
Where is the "Burn all your JPEG" campaign running? Or "Burn all your JPEG-making digital camera" campaign?
I read that as http://frognet.net at first... I thought that small ISP actually had something big going...
Note that for transmission of finished truecolor images--especially photographic ones--JPEG is almost always a better choice. Although JPEG's lossy compression can introduce visible artifacts, these can be minimized, and the savings in file size even at high quality levels is much better than is generally possible with a lossless format like PNG.
Honk if you're horny.
PNG was not made to replace JPEG as it has a lossless compression method which in practice means a much bigger filesize over JPEG or JPEG2000. Yet, PNG is invaluable for lossless storage of images where even smallest degredation of the image quality is unacceptable (like image editing intermediate files). All in all, PNG and JPEG are apple and orange....
Yes, especially the ones in the coma ward, because they can't say no.
WTF? Iraq claims to own a JPEG patent. That is why we are going after them.
Honk if you're horny.
GIF, JPEG, ...
... support open standards in your products NOW while you can choose to do it.
MP3. Get it through your heads, people. Using these patent-encumbered tech only comes back to bite you where it hurts -- 5 years down a committed tech track. PNG, OGG,
MORTAR COMBAT!
What a novel idea! Obviously a new idea well deserving of a patent (please do not reply if you missed the sarcasm).
Honk if you're horny.
They both have their uses. For image storage, PNGs are better as they are lossless, but for transmission over slow links a lossy JPGs is much more effective.
Gifs/pngs are better suited for drawn images with a small variation in detail, where jpeg is better for photographs or other images with high detail.
And PNG support in IE is horrible. In a recent project I worked on recently I had to convert most of the PNGs to GIFs because IE did not support transparency correctly, let alone the alpha channel. Things were wonderful in Mozilla, whereas in IE they were horrible with lots of jagged edges and I did not know why at the time. Then I realised it was the alpha channel that Mozilla blended the image correctly with the background, and in IE it was a mess. I had to make various gifs with different color backgrounds to achieve the same effect in IE.
The project I am talking about is in here. You can use login test, password test to see what I am talking about, namely the icons on the table after login. It's in portuguese but you shouldn't have many problems with that I hope.
Regards,
pedro
First GIF, now JPEG? I guess we'd better all start using Windows BMP format!
Oh sure, they were throwing their considerable weight, in respect to Sony [Sony who?], around - weren't they?
I hate liberals. If you are a liberal, do not reply.
People without deep pockets don't have to worry. Since they don't have any cash, no one is going to file suit against them. No one sues homeless people.
I hate liberals. If you are a liberal, do not reply.
up until last year, JPEG was considered "open". nobody here even suspected JPEG would be in patent trouble.
maybe tomorrow someone will pop up with a patent that covers the compression that zLib uses (g'bye PNG).
who would you yell at then?
-c
I have discovered a truly remarkable proof which this margin is too small to contain.
Oddly enough the icons looked fine here in IE. Win XP pro with all updates (I dunno if there is some plug-in or something doing something).
But I agree, the engineers over at M$ should fix the alphachannel stuff for PNG (etc) asap.
You are suggesting someone should be allowed to take my patent from the Patent Office, call it a standard, and basically steal my patent?
I must clearly disclose my patent. The standard organizations do not have to publicly disclose any standards. This isn't fair.
Why even bother? You've got so much history of violation (I know you've converted images to JPEG without paying royalties!), that you should just keep using it like the hardened criminal you are.
They can't sue ALL of us before 2004, and there are still a lot of deep pockets for them to get to.
Too bad Sony doesn't have a patent on registering ridiculous patents and suing only the people you think you'll get the most money out of.
These people have the same scruples as spammers. They think that just because a lot of people banded together and made a lot of money, that they should get some of it for not doing anything.
Forgent should be paying US, the loyal users, for increasing the value of JPEG by making it a popular standard!
...
The point of patenting is that you publish the patent in detail, freely and clear for the world to see your idea. And that you have an exclusive right to this invention.
When you make something it is your job to make sure you aren't using someone elses invention, that they have published, not their job to track you down.
Actually, if you read the patents linked from the article, they aren't even patents on JPEG. They make claims on the use of compressed storage formats in digital cameras, such as JPEG.
What digial camera doesn't have the capability to store compressed images? Nobody would buy a camera that wasted memory by storing uncompressed images. Therefore, these are essentially patents on digital cameras!
Don't assume you're safe in 2004. If they can demonstrate that they were doing research into infringement since before the patent expired, I suspect they can press a case against anyone who did not pay them for back royaltees up to when it expired.
This means that you shoudl not be USING the patented technology UNTIL the patent expires.
Does anyone know EXACTLY what's covered? JPEG is huge and has many optional peices. If someone tells me what bits are patented I will start looking at public code to see what can be changed to preserve functionality while still providing JPEG access.
It neither says anything new, or useful, for that matter, so why does it keep getting modded up? Where's my mod points when I need them? -1: Redundant!
"Ask not what your country can do for you." --John F. Kennedy
P N G
All of your JPEGs are belong to us.
See here for info on getting transparent PNGs working in IE.
Yes we only would use Nuclear weapons but not biological weapons on a civilian populace. (Now before you get your panties in a wad, i am pro war and do support the killing of anyone that opposses us, the USA :) but i also know my history!)
. I love the sound of burning women and screaming rubber....
These are what I believe to be their major claims. Remember that November 1990 is before the previous gulf war. You could access the Internet (if you were in a connected university) but there was no web. My PC was 8088-based and the world of music was still trying to recover from the 80s.
IANAPA, but think they may have a valid patent.
Stop worrying about the risks of nuclear power and start worrying about the risks of not using nuclear power.
You'd think some slashdotters would actually be able to spot trolls by now. Boggles the mind.
-Looking for a job as a materials chemist or multivariat
JPEG2000 uses wavelets, which is good, but requires more processing power.
No they don't. JPEG2000's wavelets are about as mathematically complex as JPEG's cosine transform, and possibly even faster because unlike the DCT, JPEG2000's wavelets require only shifts and adds to compute.
Will I retire or break 10K?
patents are disclosed
Patents are issued faster than one person can read them, even if one person does nothing but read patent claims for sixteen hours a day.
Will I retire or break 10K?
I get marketing reports at work and, at least in that context, 25m means $25,000, and 25mm would denote $25,000,000.
Is it case sensitive? Just curious.
"All this wheeling and dealing, it's not for money, it's for fun! Money is just the way we keep score."
As if it weren't already perfectly clear how urgent this is.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
The bottom line is, you can never be sure that a program or standard is free from patents.
It's strange how on that web site the PNG logo is in JPEG :. jpg
http://www.libpng.org/pub/png/img_png/pnglogo-blk
I'll change my sig when I have the time...
In 1990, I had what I thought was a spiffy NEC Powermate 286/10 with EGA. I thought that a greyscale hand scanner was the height of digital imaging tech. The only (removable?) ram devices I knew of at the time were ISA cards with battery backups, which don't lend themselves to cameras. There was not yet any such thing as PCMCIA ram cards. As far as I know, the first digital camera with a floppy disk was (ta-da) the Sony Mavica, which didn't come around until what, 1996 or 1997? The patent was non-obvious at the time, so +5 for having a good idea and -50 for not doing anything at all to try to implement it and letting other people do all of the hard work.
The day I don't have to get a plugin for Gimp to write a simple JPEG or GIF format picture is a day I will enjoy in 2004. For christ's sake - JPEG files are as ubiquitous as the pirated programs that create them, so give it a rest and make the file format public already!
[c0d3fu]: jwjb62@umr.edu || james@macrohub.com
We should revolt on these types of patent lawsuits. Check out http://www.bustpatents.com/ for some information about this. Donate your time or money to fighting this issue.
Technically, a better alternative might be DjVu since it allows lossy compression like JPEG as well as lossless. For some kinds of images it is even smaller than JPEG (5-10 times smaller is claimed for color scanned documents and 2 times smaller for photos). Practically, the drawback is that it is not supported directly by most browsers but requires a plugin, so it is currently useful only on sites with a specialized audience, until (and if) browsers start supporting it natively.
Look at how lame a patent is:
An electronic still camera comprising a lens, shutter, and exposure control system, a focus and range control circuit, a solid state imaging device incorporating a Charge Coupled Device (CCD) through which an image is focused, a digital control unit through which timing and control of an image for electronic processing is accomplished, an Analog-to-Digital (A/D) converter circuit to convert the analog picture signals into their digital equivalents, a pixel buffer for collecting a complete row of an image's digital equivalent, a frame buffer for collecting all rows of an image's digital equivalent, and a selectively adjustable digital image compression and decompression algorithm that compresses the size of a digital image and selectively formats the compressed digital image to a compatible format for either the IBM Personal Computer and related architectures or the Apple Macintosh PC architecture as selected by the operator so that the digital image can be directly read into most word processing, desktop publishing, and data base software packages including means for executing the appropriate selected decompression algorithm; and a memory input/output interface that provides both temporary storage of the digital image and controls the transmission and interface with a standard Personal Computer (PC) memory storage device such as a digital diskette. The digital diskette is removably inserted into the housing of the camera prior to use in recording digital image data.
Like I could copywright artificial intelligence, use of a computer, memory, and a program to simulate the intelligence of a human.
Just sending that to the patent office would probably get me millions of dollars down the line, how can someone stand up to challenge this? Cuz while I'm not a big fan of corporations, SONY shouldn't have to pay for this.
God spoke to me
Then if patent lawyers file a claim against you, sic some DMCA lawyers on them and let them eat each other.
Rough justice for stupid governance.
On the agenda today..
1. Patent digital car equipped with a removable digital media capable of storing route and diagnostic data in one of several user selectable formats
2. #1 with an option for letting the user select the compression ratio or other compression algorithm parameters.
3. #1 with the removable media being a floppy disk.
The CCD has always been solid state, and in fact Sony's first Mavica unit dates back to 1981. It had removable media. To be able to patent any sort of digital data capture device, but with the addition of compression, is folly. The suing company simply patented the easily forseable combination of existing technologies. Maybe a special technologies court needs to be made to handle these kinds of things.
25m is about 82 feet, while 25mm is about 1 inch.
:-)
Smartass... I guess it _is_ Friday. I still want to know, though.
rigmort, the previous post was correct:
m = meters
mm = milimeters
If you are talking money:
$25,000 = $25K
$25,000,000 = $25M
When it comes to intellectual property, let he who lives by the lawyer, die by the lawyer!
Or as Batman said:
"Chicks dig the car."
Getting as much material wealth as possible will help your kids reproduce and help carry on your genes for a long time.
IMHO, the effect is partially mitigated by modern society 'cause it keeps rich guys in check and such. But if contraception and prevailing notions of monogamy didn't exist...and hell, stratified society, rich guys would have a lot more children. Just look at late 19th century mormons. Average # of kids in the highest classes is ~28. And that's with crappy medical technology.
To be able to patent any sort of digital data capture device, but with the addition of compression, is folly.
What format did this first Mavica use? The patent is not on the addition of compression - it's on letting the user select the use of a standard format common on Macs (PICT) or on PCs (I think it was PCX at the time) depending on what machine the user was expecting to read the pictures on.
Yes, it's a lame patent, but it was novel and nonobvious at the time.
Stop worrying about the risks of nuclear power and start worrying about the risks of not using nuclear power.
Yes - the PNG format. it's free, works as well(if not better than Jpeg)
This is ill-informed rubbish and should not have been modded up to its current level of 5. PNG is a replacement for GIF, not a replacement for JPEG. JPEG is a lossy compression scheme intended for photographic images, which can achieve extremely high compression ratios. PNG is a lossless scheme applicable to any kind of image. For photos, you can easily get a factor of 40 compression with JPEG on an image where PNG would give you a factor of only 5. On the other hand, PNG gives excellent compression on line drawings, which JPEG compresses poorly. Apart from the fact that they can both compress images, they have nothing in common and neither is a replacement for the other.
Since there are so many broad software patents out there that reinvent things that have been known for a long time and are used all over the place, it's no longer possible to use computers without violating those patents, perhaps software patent supporters need to be forced to be consistent.
Since using computers --> knowingly violating software patents
knowingly violating software patents --> not respecting software patents
not respecting software patents --> your software patents aren't enforceable
Companies that want to try to enforce their software patents should have to prove that they don't use computers, and they can't use them ever again so that we can all be sure that they respect software patents. That's a small price to pay for being consistent and not being a lying hypocrite when going out to defend your IP space right? You merely have to respect other peoples' IP, as you would have others respect your IP. How hard can that be? It's not like computers are in everything these days.
And don't bother flaming me over this. The very fact that you're reading this means that you're knowingly violating software patents this very moment, or perhaps you're getting this as a printout from someone else who was knowingly violating software patents to read this. So, you don't respect software patents, either.
Best. Comment. Ever. Enjoy!
You can do one of two things.
1) Bend to corporate pressure and do what you are told.
OR
2) Use PNG (with a note for IE users) and let IE users complain to Microsoft, or perhaps they will swith to a different browser.
It's like the saying (paraphrasing): The people who refuse to accept things as they are, are the ones who change the world.
Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
Rutroo...doesn't the On2 VP3 codec use DCT compression, too? (see its faq) This could doom OGG Theora...until 2004, at least
Karma: Excellent (fuck, even in the future moderation doesn't work!)
I'm a bit confused about what you mean by "better". Are you basing this purely on filesize? You certainly can't be talking about quality, because PNGs are losless and will always look better.
Perhaps filesize versus quality? Of course that would be subjective as well.
Personally, I think PNG is better than JPEG for the same reasons that "digital" is better than "analog". With JPEG, if you make a single modification, you loose quality. After a few generations of changes (or conversions, or whatever else) the nice hi-quality JPEG image looks like crap, while the PNG has the same quality after 100 generations as it did in the 1st generation.
Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
Browser support for displaying PNG is not complete, but it absolutely attrocious for printing large PNGs. I have PNGs that are larger than a single page, and have not been able to find a single browser than prints them correctly.
When I tell IE to use a seperate program to handle PNGs, I can get it to work, but that is it.
I've only tried Netscape (windows & linux), Mozilla, IE, and Konqueror.
Computers don't make mistakes. What they do, they do on purpose.
Exactly, I liken this to a "new mafia" that has arisen in the tech sector.
Mafia implies illegal. If what they are doing is illegal, it would be easy.
But it is legal. In AD&D terms they are Lawful Evil. They follow the law and have every legal right to do so.
If you don't like this kind of behavior. Put your vote and your money where your mouth is and change the law.
I own the first Mavica, the FD-7 (the other one is the FD-5, but it doesn't have zoom). It saves its pictures as jpegs. I don't think there are any other options (it's been awhile since I've used it).
What, me worry?
If I was designing the embedded system for such a camera and if the two target systems I was designing for used different formats but the same media, it would be obvious to code both formats into the product.
This doesn't require innovation. Should companies be able to patent switching between modes on any device? Maybe some sort of novel method of switching, or the mode itself, but not the switching.
Patent the act/method of filing a patent application, then refuse to license it to anyone.
Well excuse the hell out of me!
Go ahead, read the previously linked articles on Forgent's own site.
Forgent may be the most striking local example of tech companies looking to exploit their portfolio of patents.
"... mining of patents ... for rockect boosters"
Just how many deals? Forgent's chief technical officer, Ken Kalinoski, shows off a two-page list of companies that Forgent thinks have used the technology that yielded the first two deals. Of the many possible uses for the technology, this list is only of digital camera makers. "And," he says, smiling, "it's in fairly small type." Forgent plans to contact every one.
"Basically, the team entered the mine looking for coal," Kalinoski says. "After some picking at the top layers of rock, we found a small diamond. Upon this find, we retrenched and changed our strategy to no longer look for coal, but rather look for large chunks of diamond".
All these are news paper cut-outs you can find on their site. I guess what I'm trying to say is, if you want to file a patent and make money of licensing, that's fine. But when you file a patent and grant royalty-free use, wait for people to adopt your technology, and then suddenly decide to charge people for using the technology, then that's wrong. You have to second guess their motives?
zWhat would an EWOULDBLOCK block, if an EWOULDBLOCK could block would? -- me
I thought it had to be non-obvious to someone "skilled in the art" or somesuch?
Honestly people, try and speak in less general terms. "Patents" are not evil. This or that patent may be -- ALL patents are clearly not. The grand economy you all benefit from grows because of entrepreneurs. These are people who assume great risk in pursuing ideas. Patents are intended to protect those pursuits. They expire after, I believe, 20 years. This encourages the inventor (short period of personal reward for effort), and benefits society (patent protection encourages development of ideas which are, after 20 years, released into the public domain). Perhaps the open-source-heavy tone of slashdot is clouding minds. Here's some advice: That's the real world out there. If y'all want to slave for free so that other people can profit off your labour, that's great. It's noble, though strange, given Marx. But here's some advice: try thinking of something useful, even indispensable, building it, and patenting it. You might just become important, instead of reactionary and out of touch. Or you can just keep pumping money into the pockets of Linus' and Eric's et. al. Oh right. And Bill. Self interest people. Wake up. Nobody cares about your rosy-eyed geekscapes.