Slashdot Mirror


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."

39 of 269 comments (clear)

  1. Peoples first reaction.. by c_oflynn · · Score: 3, Funny

    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"

    1. Re:Peoples first reaction.. by monkeydo · · Score: 2, Informative

      If they read the article thier reaction was probably something like, "Wow, this story doesn't have anything to do with Forgent at all."

      Now, St. Clair Intellectual Property Consultants Inc. through the law firm of Robins, Kaplan, Miller & Ciresi has successfully sued Sony claiming that the company's cameras infringe on four patents dating back to as long ago as 1992, which it purchased in 1995. The judgement was nowhere near the staggering $171.4 million dollars in royalties St. Clair felt it was owed on Sony's $3.01 billion in camera sales since 1998, but at $25 million on patents it obtained for only $65,000, the company is doubtless still laughing all the way to the bank.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  2. Fed up about reading about bad patents by nattt · · Score: 4, Insightful

    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
    1. Re:Fed up about reading about bad patents by jafuser · · Score: 2, Insightful

      Sometime over the past few decades, we went from a majority of people following the spirit of the law, to them following only the most literal letter of the law...

      Now it's all about how you can find the next loophole to exploit, and profit from it as much as possible before someone else does and the loophole is closed.

      I think it's quite a sign of how sad the situation is when you look at how much favoritisim our government gives to big business, when a business itself does not have a right to vote.

      --
      Please consider making an automatic monthly recurring donation to the EFF
    2. Re:Fed up about reading about bad patents by dougmc · · Score: 4, Insightful
      The patent system is increasingly under abuse, and the US Patent office will allow anything through.
      As much as I agree with you, I'm not sure that this idea really apply here. If the patent in question expires next year, that means it was granted in 1987 or earlier. When JPEG encoding first `came out', it was pretty revolutionary, and probably even fit the `not obvious to the layperson' rule that the patent office so often ignores. If the original creator of the JPEG process is the one who patented it, then I'd say it's a valid patent. (of course, if he agreed not to enforce it so it could become an ISO standard, that's another matter.)

      Though what seems to happen more often is that somebody comes up with something clever, and may or may not patent it. Then somebody else comes along, and either patents the original idea (if not patented) or patents it being used in all kinds of obvious ways (like `doing X ... on a computer' was pretty popular a few years ago.)

      Patent reform wouldn't be nearly so important if the patent office could simply follow it's own rules -- i.e. checking for prior art, and disallowing patents on things that are `obvious to the layperson'.

    3. Re:Fed up about reading about bad patents by freestyle-fiend · · Score: 2, Insightful

      > It's past time for a revamp of the whole system,

      I agree. The patent system needs to be changed, not only to prevent bad patents from being awarded, but also to allow (even poor) individuals and small companies to defend and prosecute patent cases and apply for patents. Currently patents are expensive to obtain and use. Patent holders are able to use the cost of court proceedings to punish or frighten
      those of whom they disapprove (especially weaker competitors), even if they would not win the case.

      > make some areas un-patentable again.

      This sounds like Richard Stallman's solution to the patent crisis. I used to agree with it, until I was told that the purpose of the patent system is to provide an incentive (in the form of a monopoly or royalties) for the developer of the idea covered by the patent to publish it. Many of the ideas covered by controversial patents don't need to be published for us to understand them. Some are simply too obvious and others can be reverse engineered. These patents have no purpose. Therefore it is not the case that some areas need to be exempt from patents, but that only ideas that would take the rest of the sector the entire term of the patent or longer to understand should be patentable.

  3. Good by LegendLength · · Score: 4, Insightful

    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.

    1. Re:Good by Anonymous Coward · · Score: 2, Funny

      Forget about open standards! I want to live in a world where more than 5/10 of the population are above average!

    2. Re:Good by archnerd · · Score: 4, Insightful

      Surely you're refering to tech community and not to the general population? Do you think 5 out of 10 people even understand what "open standards" are?

    3. Re:Good by dougmc · · Score: 2, Informative
      Clearly you have not taken statistics courses, it is impossible for 50% of the population to be above average, because they will be the average at whatever point they are in time, so technically you cant have 50% of people above average, as the average will be higher and those people will become the new average.
      Obviously you never took a statistics class either.

      Suppose that you have 100 individuals. 99 of these people have an income of 100 dollars/day. The other one person makes only 50 dollars/day. Looks like 99% of the people have `above average income'. (In case you were wonderng, average means `mean', not `median' and not `mode'.)

      You're assuming a bell curve distribution. While this assumption may be correct much of the time, especially in real life, stop throwing around words like `impossible' when they don't apply.

      (Either that, or you think that `average' means `median'. Of coruse, for a bell curve distribution, mean, median and mode are all the same thing.)

  4. JPEG 2000? by forgoil · · Score: 2, Interesting

    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...

    1. Re:JPEG 2000? by mat.h · · Score: 3, Informative
      Does this also affect JPEG 2000?

      No, I don't think so. The Forgent patent covered DCT-based image/video compression schemes (cut up your image into small blocks; apply a discrete cosine transform to each block; quantize the DCT coefficients, allocating little precision to high frequencies; do some sort of entropy coding on the quantized coefficients), i.e. JPEG and MPEG video. JPEG 2000 is wavelet-based and not covered by this patent, though I am somewhat worried by their choice of arithmetic coding as their entropy coding. I was under the impression that some aspect of implementing arithmetic coding was a little shady, patent-wise (but I don't have any hard facts on that).

      Shows that one should use media that is open and patent free (such as ogg/png/etc) after all...

      Shows that there is no such thing as "open and patent free". Remember the "burn all GIFs" days? As PNG support wasn't widespread enough yet, many a GIF was reencoded into JPEG, as that was open and patent free. People thought.

  5. Sony's defense by nath_o_brien · · Score: 5, Funny

    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
  6. Re:jpeg alternative? by WildThing · · Score: 4, Informative

    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

  7. ridiculous by mholt108 · · Score: 2, Interesting

    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

  8. I'm confused by esarjeant · · Score: 5, Interesting

    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

  9. Re:Enough already by Animus+Howard · · Score: 3, Interesting

    > Isn't a 384.6% return-on-investment enough for
    > them to have got out of it already?

    It's a return of 384 times their investment (38400%) but even so...

    An interviewer once asked multi-billionaire J. Paul Getty "You're a very rich man. How much is enough?"

    He smiled and answered quietly, "Just a little bit more."

  10. There is a fine line.... by Voltas · · Score: 4, Interesting

    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?

    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 ... 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.

    --
    -- Disclaimer: I can't really back up anything I post on /. --
  11. My patent idea by mark2003 · · Score: 2, Funny

    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?

  12. Re:jpeg alternative? by Zog+The+Undeniable · · Score: 2, Interesting

    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.
  13. Ownership by nuggz · · Score: 4, Insightful

    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.

    1. Re:Ownership by AtomicBomb · · Score: 2, Insightful

      I think standardization process is one of the area patent rule must be reformed on. For "important enough" standard, which can be classified as say ANSI, ISO etc, they should be able to register with the patent office.

      A deadline (e.g. 1 yr) is set for patent holders who think their patent has been violated in the process. If they don't actively defense their patent in that process, tell them to forget about it.

      I know some readers may worry about some companies may start abusing the system. But, this won't bring obvious advantage to them. These people don't actually do research/invention. They don't have material to copy at that stage. Even so, there is no money return if they succeed to block the standardization process.

  14. Ummm...Forgent? Read Article... by Fallen+Kell · · Score: 5, Informative

    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"
  15. Wrong headline: this is not Forgent. by Raphael · · Score: 5, Informative

    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
  16. Unisys by Anonymous Coward · · Score: 4, Insightful

    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.

  17. Implications for C# by j3110 · · Score: 4, Interesting

    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???

    Does this not pave the way for MS to enforce patents on anyone implementing their .Net functionality?

    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
  18. 2004 by Anonymous Coward · · Score: 3, Insightful

    "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.

  19. There is a fine line... always is for the Sopranos by adzoox · · Score: 4, Insightful
    Exactly, I liken this to a "new mafia" that has arisen in the tech sector.

    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
  20. Re:FUCK PATIENTS by blancolioni · · Score: 2, Funny

    Yes, especially the ones in the coma ward, because they can't say no.

  21. learn your lessons NOW people by MORTAR_COMBAT! · · Score: 3, Insightful

    GIF, JPEG, ...

    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, ... support open standards in your products NOW while you can choose to do it.

    --
    MORTAR COMBAT!
  22. Re:jpeg alternative? by pcardoso · · Score: 4, Informative

    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

  23. What next? by Andrewkov · · Score: 3, Funny

    First GIF, now JPEG? I guess we'd better all start using Windows BMP format!

  24. duh by Smallest · · Score: 2, Insightful

    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.
  25. Re:Enough already by esper_child · · Score: 2, Insightful

    People like that disgust me. what is the point to having that much money. There is none. He already has more money than most people here will see, and he wants MORE?
    Anyways this is probly even further off topic, but what really is the point to amassing monitary wealth? It seems to me that wealth should be given back to the community to try and make it a better place. The path bettering oneself is not through money but through what is inside. You must give up external wealth to gain internal wealth. In the end it isn't the number of toys that matter, but the actions one takes that matter.

  26. Not exactly JPEG patents by 200_success · · Score: 5, Informative

    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.

    • #6,496,222 Digital camera with memory format initialization
    • #6,323,899 Process for use in electronic camera
    • #6,233,010 Electronic still video camera with direct personal computer (PC) compatible digital format output
    • #6,094,219 Electronic still video camera with direct personal computer (PC) compatible digital format output
    • #5,576,757 Electronic still video camera with direct personal computer (PC) compatible digital format output
    • #5,138,459 Electronic still video camera with direct personal computer (PC) compatible digital format output

    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!

    1. Re:Not exactly JPEG patents by Tablizer · · Score: 2, Informative

      space probes have been using digital cameras for quite a while. I don't know when the first compression was used in such probes, but the Gallelio probe did it at least in the mid 80's....

      Now that I think about it, the Marineer 4 spacecraft that flew past Mars in 1965 used palette simplification, which can be considered a form of compression. Although the TV image from its cameras produced analog signals, the Marineer images were sent back as digital (binary) data. IIRC, the palette (grey-scale) composed of a smallesh integer range, like say 16 or 32 "steps".

      After all, they would probably use real numbers if they had unlimited bandwidth or hardware speed. Using smallesh integers is a form of compression.

      Thus, if the patent claim is for *any* compression of digitized camera info, prior art existed in the early 60's when the probe was built.

      Gotta love NASA.

  27. 2004 by ajs · · Score: 2, Insightful

    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.

  28. I can hear their attorneys now. by luv_jeeps · · Score: 3, Funny

    All of your JPEGs are belong to us.

  29. Re:jpeg alternative? by njdj · · Score: 2, Informative

    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.