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Forgent and Microsoft Sue Each Other Over JPEG

goombah99 writes "CNET reports that the long running Forgent JPEG patent claim story has a new turn. Forgent Networks has filed a lawsuit against Microsoft, alleging the software giant infringed on its digital-image compression patent that serves as the technology behind JPEG. The suit comes in response to a suit Microsoft filed last week, asking the courts to find Forgent's patent unenforceable. '... despite Microsoft's recent inquiries about licensing the patent, they chose to file a lawsuit, leaving us no alternative but to assert infringement claims against it,' stated Richard Snyder, chief executive of Forgent. U.S. patent No. 4,698,672, relates to video image compression and transmission specifically and compression in general. The underlying technology is an amalgam of Cosine Transforms, Huffman coding, and odd details. Major corporations are respecting Forgent's claims: to date Forgent has collected about 100 million dollars in payments from computer and camera companies for this patent settling on suits with 31 companies. Past slashdot stories here, here and here. How might this impact Longhorn? Forgent has shown interest in selling it (to Compaq) so it's not unthinkable Microsoft could just buy it and own it."

296 comments

  1. My prediction.... by chrisopherpace · · Score: 3, Interesting

    My prediction is that this will turn into a patents war, since I know that MS at least has quite an arsenal stocked up....

    1. Re:My prediction.... by metlin · · Score: 5, Insightful

      Hopefully, that will be a good thing.

      If there is a big enough high profile case that displays the stupidity behind such patents, the USPTO may actually be forced to reconsider the way it handles patents.

      Imagine - a big case that brings in all the big fellas into the picture fighting over something the judge rules to be too trivial or too basic.

      Aww, who am I kidding. I should lay off the crack.

    2. Re:My prediction.... by Anonymous Coward · · Score: 0

      My prediction is that Microsoft will crush Forgent like a bug. I'm glad someone is willing to stand up to Forgent. Forgent is extorting money for an unenforceable patent from the little guys who can't afford to defend themselves from a patent lawsuit.

    3. Re:My prediction.... by SCVirus · · Score: 1

      Well clearly... since microsoft can prove without any question that they not only invented the JPEG format and its compression but pictures in general.

    4. Re:My prediction.... by menkhaura · · Score: 1

      Well, hope never dies, but the USPTO has already shown its own stupidity.

      --
      Stupidity is an equal opportunity striker.
      Fellow slashdotter Bill Dog
    5. Re:My prediction.... by Anonymous Coward · · Score: 0

      My prediction is that this will turn into a patents war,

      Fine. Bring it on. It just means fatter lawyers.

      (Did I mention my tasty marinade for BBQ'd lawyer?)
      [patent pending]

    6. Re:My prediction.... by Anonymous Coward · · Score: 0

      Begun, this patent war has.

      (Sorry, it was too tempting)

  2. Why? by Future+Man+3000 · · Score: 4, Interesting
    I cannot for the life of me understand why companies choose to fight over patent-encumbered formats when unencumbered formats exist.

    Microsoft could dump .JPG (and .GIF for that matter) in favor of .PNG and .MNG tomorrow without being the worse for it.

    --

    I never vote for anyone. I always vote against.
    -- W.C. Fields

    1. Re:Why? by LiquidCoooled · · Score: 3, Interesting

      Would this effect usage in Internet explorer?
      (Not that I care in that instance, but if MS backs off using it, then would FF also have to handle licensing it?)

      Or is this simply image file creation thats at stake?

      --
      liqbase :: faster than paper
    2. Re:Why? by Tarcastil · · Score: 1

      Yeah, since nobody uses GIFs and JPEGs.

    3. Re:Why? by dabigpaybackski · · Score: 4, Funny

      What good is a Microsoft JPEG, anway? All you see is a blue rectangle where the picture is supposed to be.

      --
      "OH SHIT, THERE'S A HORSE IN THE HOSPITAL!"
    4. Re:Why? by whoisshe · · Score: 2, Insightful
      Microsoft could dump .JPG (and .GIF for that matter) in favor of .PNG and .MNG tomorrow without being the worse for it.

      what? and bless an open file format, and set the example that the way to get out from under patents is to use free, open formats?

      no way. MS would much rather own JPG.

      --
      who is she? leave a comment!
    5. Re:Why? by Synbiosis · · Score: 5, Insightful

      Microsoft could dump .JPG (and .GIF for that matter) in favor of .PNG and .MNG tomorrow without being the worse for it.

      Yes, and then everyone's digital cameras which compress pictures using JPEG can magically update their firmware to compress pictures using PNG.

    6. Re:Why? by t_allardyce · · Score: 5, Interesting

      PNG/MNG use lossless compression which generally means they don't get as high compression ratios as JPEG. Not to mention that JPEG is pretty much standard on the web, how could microsoft just dump it? The way I see it this whole thing is ridiculous, I was taught JPEG (DCT, Huffman etc) at university, its practically up there with Fourier and basic maths, Forgent are just milking a decades old 'technology' and the poor cow is running dry.

      --
      This comment does not represent the views or opinions of the user.
    7. Re:Why? by Anonymous Coward · · Score: 0

      Simple answer:

      WE would suffer when Photo viewer stopped working, when all those free bundled apps stopped letting you use the most common image format there is. It's fair cop that our grannies would suffer.

      Won't someone think of the grannies?!

    8. Re:Why? by nkh · · Score: 3, Insightful

      PNG is the future of GIF, everyone agrees with it. But replacing JPEG by PNG is doomed to fail. PNG are so much bigger (especially phtos) that you can't store or transfer them easily. It's the same problem with compilers: you can have the perfect compiler generating the fastest code possible but it will be so long to compile that no one will use it. If you need 5 minutes to send one birthday photo to your mother and she needs 2 minutes to get it, no one will be interested.

    9. Re:Why? by x_codingmonkey_x · · Score: 0

      I think it's out of principle. I think Microsoft would rather get sued and pay a lot of money then use an Open Source picture formats. It was a wonder that they are actually going to support PNG in IE7 (but this is probably due to a lots of demand by web designers). But in general M$ would like to stay as far away from the Open Source "communists".

    10. Re:Why? by Anonymous Coward · · Score: 5, Informative

      This is not like the GIF situtation. What happened with GIF is that the lzv inventor patented his own invention. With JPEG, the patent Forgent has has nothing to do with JPEG, per se, except for the fact that the patent uses technology similiar to JPEG (DCTs, etc), all of which is technology invented before this particular Forgent patent.

      JPEG is an open format, plain and simple. Everyone who invented it made it an open format.

      Forgent does have a patent, but it is not for JPEG. It's for something else, and they're just playing the lawyer game to milk as much money from this patent as possible. It's too bad some companies caved in, giving these crooks money to hire more lawyers.

    11. Re:Why? by BlacBaron · · Score: 1

      Wouldn't Microsoft still be liable for all the infringement they had made up until that point? And given Microsoft said that we can't be sued for their patent infringements wouldn't anyone who doesn't upgrade to their new JPG/GIF less versions would be keeping them liable?

      --
      Update Watch - Automatic software update notification
    12. Re:Why? by hunterx11 · · Score: 3, Insightful

      It's because the encumbered formats are so entrenched. GIF is still more popular than PNG, and MP3 is more popular than OGG. The irony is that in both cases, the majority of people have gone on using the encumbered formats, blissfully ignorant of any issues.

      --
      English is easier said than done.
    13. Re:Why? by ortholattice · · Score: 1, Informative

      No, JPEGs can't be replaced by PNGs because PNGs (and GIFs) are lossless, whereas JPEGs are purposely lossy in order to achieve much better typical compression than PNGs (or GIFs). What you want to replace JPEGs with is the open-source, patent-free DjVu.

    14. Re:Why? by ToasterofDOOM · · Score: 1

      I just wish that they would realize that open standards work and this lawsuit will get neither of then anywhere

      --
      I am Spartacus
    15. Re:Why? by Anonymous Coward · · Score: 5, Informative
      Here's some more information, which I got from The web archive (It's not Karma whoring when your Mr. AC):
      Content of the Patent US 4698672 Relevant to JPEG

      The patent refers mostly to video compression. Some claims can be applied to still image compression as well. The central claims are formulated in Claim 1, 13, 38 and 39.

      These describe a well adapted code book used in the encoding process (Claims 1 and 13) and the decoding of the codestream (Claims 38 and 39), followed by entropy encoding. The key point of this algorithm is the use of so called "runs", sequences of identical symbols, encoded by the number and the value of the symbols in the run.

      Does JPEG use methods claimed by US-Patent 4698672?

      Despite differences in nomenclature and small deviations of the described algorithms the answer has to be in the affirmative, as both algorithms are close enough in details and in general. The similarities are as follows:

      1. The data stream is segmentated into runs of the most common symbol.
      2. Each run is characterized by a pair of symbols (n, a) with n indicating the length of the run and a information about the next symbol delimiting the run. This extends all the way to the last symbol.
      3. The remaining information is encoded using a special codebook.
      4. Runs of the most common symbol that reach all the way to the end of the block are encoded using the special EOB symbol.
      5. The codestream rewritten using the codebook is finally Huffman entropy encoded.
      The algorithm used in JPEG is very close to the technology described in Claims 1,13, 38 and 39. The two methods of encoding are not identical but similar to the point of algorithmic equality.

      Can "prior art" be proven in the case of Patent?

      The main ideas, methods and numerical experiments of the key parts of the invention, especially Claim 13 concerning the codebook content, had already been published in several articles before the registration of the patent.:

      1. H. Meyr, H.G. Rosdolsky and T. Huang, "Optimum Run length Codes, IEEE Transactions on Communications, vol.22, no 6, June 1974 , pp 826-835
      2. R.B.Arps, "The Statistical Dependence of Run-Lengths in Printed Matter", Nachrichtentechnische Fachberichte, vol 40, pp 218-226, 1971
      3. A.N.Netravali, F.W.Mounts and E.G.Bowen, "Ordering Techniques for Coding of Two-Tone Facsimile Pictures", The Bell System Technical Journal, Vol.55, pp 1539-1552, 1976
      4. H.Gharavi, Conditional Variable-Length Coding for Gray-Level Pictures, AT&T Bell Lab.Technical Journal, Vol. 63, pp 249 -260, 1984
      The general principle of encoding more common symbols in code of shorter length, and less common symbols in code of increased length has been in use since at least 1828 when Samuel Morse invented his alphabet. The Morsealphabet assigns longer code to less common symbols and shorter to more common ones, thus assign the shortest to e, then n, r, i, s, t. E Shannon formulated a mathematical theory of data compression using statistical correlations between spatially subsequent symbols and the encoding into code of length according to frequency 50 years ago.

      Does JPEG Infringe Upon US-Patent 4698672?

      First of all, despite the fact that the two algorithms are not truly identical they are similar enough to support the idea that JPEG does touch upon the claims made in the so called "Forgent-patent".

      But it can be safely assumed that JPEG does not infringe on the patent as "prior art" can be proven.

      The quoted literature does not describe the claims identically. But it does prove that even though the claims are differing in minor details from the ideas, methiods and results expressed within the articles the invention would have been obvious to an expert familiar with the ideas of the articles. They furthermore prove that the whole content of the invention was known to US scientists at the time of the registration of the patent.

      This should result in a rejection of any patent related claims by Forgent Networks.

    16. Re:Why? by Anonymous Coward · · Score: 0

      On top of that, if JPEG "has sufficient similarities" to the held patent to be considered infringing as they say, it just proves that the patent was insufficiently novel and specific to be granted in the first place!

    17. Re:Why? by Anonymous Coward · · Score: 0

      Lossless means no data is lost! An exact replica is maintained.

      Lossy means that data is discarded/averaged! An exact replica is not maintained.

      PNG supports both lossy and lossless!
      JPEG supports both lossy and lossless!

    18. Re:Why? by penix1 · · Score: 2

      "This should result in a rejection of any patent related claims by Forgent Networks."

      Good post there Mr. AC! The problem with the system is that it should have been rejected by the USPTO instead of being issued in the first place. That would have saved the other suckers that paid Forgent off instead of wasting even more money in our broken court system. The question I got is when it is found to be invalid does Forgent have to pay the extortion money back to those pigeons? That would be the way to fix this situation if you ask me.

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    19. Re:Why? by shutdown+-p+now · · Score: 2, Insightful

      This is so mainly because the majority of people don't know these formats are encumbered, or even what 'encumbered' means in this case and how it hurts them.

    20. Re:Why? by Anonymous Coward · · Score: 0

      How exactly does it hurt them, I mean really?

    21. Re:Why? by Anonymous Coward · · Score: 0


      I thought GIF was free again?
      Is that not right?

    22. Re:Why? by Anonymous Coward · · Score: 0
      I was taught JPEG (DCT, Huffman etc) at university

      was your instructor Dr. Chen, the inventor of DCT, and inventor on the patent?

    23. Re:Why? by petermgreen · · Score: 1

      the unisys patents have expired

      there is the ibm patent but afaict that has never been enforced and could probbally be blown away by using the expired unisys patents as prior art

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    24. Re:Why? by doug141 · · Score: 1

      The market cap of Forgent is less than 50 mil. Microsoft could buy it with about 30 hours income... Then sue everyone else using jpeg!

    25. Re:Why? by Anonymous Coward · · Score: 1, Informative

      How can they milk "decades old" technology when patents expire within 20 years?

      Patent holders only get about 16 years of temporary monopoly in exchange for sharing full, detailed, and *ENABLING* description of their invention with the public (via patent publication if granted) because the patent approval process takes about 3-5 years.

      Please understand that the goal of the patent system is to provide SUFFICIENT INCENTIVE to inventors to take substantial financial risks & personal sacrifices to solve tough problems and to fully disclose their solution with the public in exchange for a TEMPORARY (not decades long) monopoly.

      Like anything else, this noble goal which is often effective, is exploited by scoundrels who try to abuse the system and lack of time patent examiners have to do their work.

      ---
      Like patents, eliminating bugs in software makes more sense than abolishing all software in general.

    26. Re:Why? by Jace+of+Fuse! · · Score: 1

      Or they could be good-guys, buy the patent and let everyone use it for free.

      Oh, wait, we're talking about Microsoft aren't we? Nevermind.

      --

      "Everything you know is wrong. (And stupid.)"

      Moderation Totals: Wrong=2, Stupid=3, Total=5.
    27. Re:Why? by ari_j · · Score: 1

      The irony is that in both cases, the majority of people have gone on using the encumbered formats, blissfully ignorant of any issues.

      That is precisely as ironic as the fact that the majority of people use Alanis Morisette's definition of irony instead of one that comes even remotely close to that in the dictionary.

    28. Re:Why? by Samari711 · · Score: 4, Interesting
      It's not lack of time and patience on the part of the examiners so much as the fact that the USPTO uses the number of patents it grants to evaluate how well the office is performing. More patents granted means more revenue for the USPTO and the result is that the USPTO is one of very few government agencies that makes money. So really the USPTO has incentive to be liberal with their granting of patents and let the courts figure out which ones are really valid.

      Probably the only solution that the USPTO would like would be to shift more of the cost of getting a patent to the application phase so that they don't have to wait till the patent is aproved to get income from it. Of course that would create a larger barier for smaller inventers but should make people think twice before filing nonsense patents and also would make it more likely for more scrutiny to be applied to each patent that does come though.

      --

      I never said I was smart, I just said I was smarter than you

    29. Re:Why? by bit01 · · Score: 1

      I cannot for the life of me understand why companies choose to fight over patent-encumbered formats when unencumbered formats exist.

      As other posters have noted there is no realistic patent-free JPEG replacement. It's simply a cost thing: Does it cost more or less to hire a bunch of lawyers than it does to switch to a new format?

      I applaud M$ on this one. Patents in standards are evil and the fact that they chose to fight it rather than cave is good, both for them and for the community.

      ---

      Scientific, evidence based IP law. Now there's a thought.

    30. Re:Why? by Short+Circuit · · Score: 2, Insightful

      Why should they? It'll just encourage others to sue.

      The same suggestion (and response) was repeatedly brought up in reverence to SCO and IBM.

    31. Re:Why? by Anonymous Coward · · Score: 0

      The DCT used in (most) JPEG compressors is inherently lossy, due to floating point rounding (or even fixed point, sometimes). Thus, there is no lossless compression w/ JPEG.

      PNG may do lossy, but not in a way that is meant to appear visually lossless. It can just use fewer bitmaps, etc.

      So, no, they are not interchangable. They serve different purposes.

    32. Re:Why? by jskline · · Score: 1

      Ahh... but...

      Microsoft won't. Fact is that the predominant amount of the imaging done on the web these days is jpeg, and even less GIF. You are going to be hard-pressed to convince the general web admin to switch out all his/her graphics files for one of the GPL or such like based formats.

      You also have a very distinct possibility of Microsoft in fact buying up these format rights and denying all rights to use them to anyone using Non-Microsoft products. This then would allow them to control much of the Net as we know it, and force abandonment of Apache, and many other things. I can see it coming. And the only way to stop it would be congressional legislation that would refuse Microsoft any and all rights to own these patents based on proven abuse with monopolistic power, and other demonstratable past actions.

      Don't let those bastards get hold of those patents!!!

      --
      All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
    33. Re:Why? by TummyX · · Score: 1


      Microsoft could dump .JPG (and .GIF for that matter) in favor of .PNG and .MNG tomorrow without being the worse for it.


      Who in their right mind would replace JPG files (a lossy high photo compression format) with PNG (a lossless low photo compression format)?

      That's like suggesting we replace MP3 with FLAC.

    34. Re:Why? by hunterx11 · · Score: 1
      The conditions that encourage companies to fight for the formats are the very same conditions which render the companies' legal maneuvers irrelevant. I fail to see how that isn't ironic.

      Sometimes I like to think that there is irony in the fact that a song called "Ironic" is not ironic. But it really isn't ironic. But is that lack of irony perhaps ironic? Not really. But...? It's quite a recursive problem, as far as I can see.

      --
      English is easier said than done.
    35. Re:Why? by Anonymous Coward · · Score: 0

      "The irony is that in both cases, the majority of people have gone on using the encumbered formats, blissfully ignorant of any issues."
      Oh like that issue that the only benefit of reencoding my years old music library from one lossy format into another will gain about -30% quality loss compared to 5% space savings? Ooh the irony! THE IRONY!!! THE IIIROOOONNNYYY!!!!!!
      *IRONY FORCE FIELD ENGAGED*

    36. Re:Why? by Anonymous Coward · · Score: 0

      IBM is enforcing their LWZ patent (against SCO).

    37. Re:Why? by Anonymous Coward · · Score: 0

      This is a rather stupid argument. How do you know that someone won't claim a patent on PNG/MNG 15 years from now?

    38. Re:Why? by petermgreen · · Score: 1

      got any sources to back that up?

      not that it would surprise me if they used it as part of a carpet bomb tactic on sco.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    39. Re:Why? by Glenn+R-P · · Score: 1

      How do you know that someone won't claim a patent on PNG/MNG 15 years from now?
      They were published in 1995/1996. So any patent would have had to be filed in 1996 or 1997. Incidentally, PNG's "progressive display" method was new and probably patentable, but its inventor chose to donate it for free use in the PNG spec.

    40. Re:Why? by Pecisk · · Score: 1

      Hmmmm, no. I don't see any kind of reason why should PNG fail as JPEG replacement. Sure, hell, Microsoft will beat shit out of Forgent and everyone, including open source folks, will be happy, because JPEG was meant to be free format, so if someone like Microsoft is pushed to protect this, let it be then.

      But I can share PNG files very easily and without big problems already now. File size is not such a big deal.

      So it just needs a few apps to switch to this format - in the case of very bad news from Forgent - and believe me, no one will notice. Users don't care about formats - and I agree they shouldn't, they just need a stuff which works. PNG support is wide-spread, so using and spreading it shouldn't be a problem already now.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    41. Re:Why? by Pollardito · · Score: 1

      i would think that anyone sued by MS after buying this patent could just say to the judge "but MS themselves said that this was unenforceable"

    42. Re:Why? by Pollardito · · Score: 1

      The question I got is when it is found to be invalid does Forgent have to pay the extortion money back to those pigeons?

      that would depend on the terms of the settlement, and i doubt they have that sort of a clause

    43. Re:Why? by cecom · · Score: 1

      How about the USPTO paying back the damages ? That should teach them to think before granting absurd patents. I hope the USPTO files for bankrupcy and its employees go to prison. They are doing more damage than real criminals.

    44. Re:Why? by catman · · Score: 1

      Yeah, so it's a typo - I was just *shocked* to see the phrase "reverence to SCO" ....

    45. Re:Why? by killjoe · · Score: 1

      If MS stopped supporting JPGs then you can bet your ass they would.

      --
      evil is as evil does
    46. Re:Why? by Anonymous Coward · · Score: 0

      The inventor of DCT also gave it to the JPEG group, and now see what's happening.

    47. Re:Why? by Scarblac · · Score: 1

      They can be sued for using patented technology without a license.

      Hasn't happened yet, and it's probably not practical to do, but even users of a program need a license.

      --
      I believe posters are recognized by their sig. So I made one.
    48. Re:Why? by Tim+C · · Score: 1

      Not if they lose the case to have it struck down, *then* buy the company/patent. If I were feeling particularly Machiavellian, and had that sort of cash, I can see how I might bring the suit, lose on purpose, then buy the patent (or company). If the sums work out, it could be worthwhile.

    49. Re:Why? by Knetzar · · Score: 1

      That or charge a fee to the USPTO each time a patent is overturned in court.

    50. Re:Why? by Flyboy+Connor · · Score: 1

      So perhaps a good solution is to let the USPTO get paid for every patent they REJECT. If with such a scheme we see the USPTO reject more patents than it does now, we KNOW that their evaluation methods are no good.

    51. Re:Why? by Shaper_pmp · · Score: 1

      That's very interesting information - let's look at these similarities:

      1. The data stream is segmentated into runs of the most common symbol.

      What, like run-length-encoding? ... which has been around for ever, and is pretty much the simplest compression algorithm known to man. Hmmm, original...

      2. Each run is characterized by a pair of symbols (n, a) with n indicating the length of the run and a information about the next symbol delimiting the run. This extends all the way to the last symbol.

      Again: what, like run-length-encoding?

      3. The remaining information is encoded using a special codebook.

      Not entirely sure about this, but it doesn't sound excessively difficult or clever. It sounds kind of general and catch-all. In fact, the very generality of the statement suggests to me they use (or construct) their codebooks in different ways.

      4. Runs of the most common symbol that reach all the way to the end of the block are encoded using the special EOB symbol.

      Right, so (a,-1) means "a until the end of the block", rather than wasting bits specifying exactly how many times to repeat the character (a,1633069832)? Well, I hate to say it, but this does seem... kind of... obvious?

      5. The codestream rewritten using the codebook is finally Huffman entropy encoded.

      Right, and do they own the patent on Huffman entropy encoding? If so, I'll cheerfully sit down and shut up, if not, can it really be a point against JPEG that they use the same algorithm as Forgent's process, if Forgent doesn't own a patent on it?

      I'm presuming these are abridged similarities between the Forgent and JPEG methods, or that there's some Deep Magic in the codebook step, because otherwise this looks depressingly uninventive and non-obvious...

      --
      Everything in moderation, including moderation itself
    52. Re:Why? by hedge_death_shootout · · Score: 1

      Riight.
      If it wasnt for their ideological opposition to open standards, MS would definately cripple their operating system and browser by making it unable to properly render virtually every webpage containing pictures.
      Yehhp, it's definately their ideological position that rules out dumping JPG.

      So insightful.

    53. Re:Why? by Samari711 · · Score: 1

      Yes, that would be nice in theory but where would that money come from? If you mean that people would get charged more if their patent doesn't get aproved then we'll end up with a system that is just a broken, if not more broken. Basically only big companies would be able to afford the risk associated with filing and would use that fact to crush small companies/inventors. What we need is a balance, too many patents are a bad thing for innovation but so are too few.

      --

      I never said I was smart, I just said I was smarter than you

    54. Re:Why? by Anonymous Coward · · Score: 0
      File size is not such a big deal.

      Ok, let's use tiff, wav and abandon all compression standards shall we? Next time leave it to the smart people to decide what's a big deal and not.

    55. Re:Why? by Chriscypher · · Score: 1
      Would this effect usage in Internet explorer?


      No, but it might affect usage in IE.
      --
      "You have liberated me from thought."
    56. Re:Why? by HuguesT · · Score: 1

      DjVU only has an open-source decoder, not an encoder. DjVu is not patent free, it uses wavelet encoding (which is a patent minefield, one of the reasons JPEG2000 is not getting off the grounds).

    57. Re:Why? by DavidTC · · Score: 1

      Why not? They crippled their browser's CSS support because of their ideological opposition to open standards.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    58. Re:Why? by DavidTC · · Score: 1

      I think the USPTO should have to pay for the lawyers that get it overturned.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    59. Re:Why? by stonecypher · · Score: 1
      --
      StoneCypher is Full of BS
    60. Re:Why? by shutdown+-p+now · · Score: 1

      If a hardware manufacturer (or software developer) has to pay a license fee for a proprietary format, this added cost ends up in the retail price for the product. AFAIR, in case of e.g. DVD players, this adds up to quite a bit.

    61. Re:Why? by Pecisk · · Score: 1

      So why do you think people really use WAV and FLAC for sharing music already? Why they share VOBs?

      Because bandwith is cheap. Hard disk space is cheap. And in the end, people tends to have a quality - actually you would be very surprised how differently one song (for example, I listen these days Seal - there is such song 'When The Man is Wrong'). I have listen it to mp3 and with very small speakers.

      I now listen full blown WAV and with normal audio system - still trough PC - and it blows me away how differently it sounds.

      At the begining no one one cared that internet audio streaming was 16kb/sec, it was like 8-bit, 22'000 khz resolution. No one can listen to such stream for hour these days - and you won't find such stream either. It is usually 64kb/128kb 44'000 and 16 bit resolution. Almost as Mp3.

      And for user, there is no big deal for file size.
      For common user.

      For you maybe it is.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  3. So I have to burn my JPGs too? by Anonymous Coward · · Score: 0

    First Burn Your GIFs post!

  4. This shows .. by GNUALMAFUERTE · · Score: 0

    That they just have no concept of what ethics are, and have not such a think as a set of rules.
    I'm agains Patents, and against copyright. There are many people out there that are pro-copyright. If it's the way they think, and are coherent about it, i just respect it, doesn't matter how much i disagree with them.
    But in the case of Microsoft, it's not a belief. They only beleive that they have a right to rule the world, and would just do anything that could potentially benefit. If you ask me, i don't think that someone should be granted a patent, under any ocasion. But i also think, that in a world where patents exists, a patent for Jpeg is more logic than a patent for double click.
    The RIAA is a piece of crap, but you don't see them using Kazaa, Microsoft goes against the same thing that they say.

    --
    WTF am I doing replying to an AC at 5 A.M on a Friday night?
    1. Re:This shows .. by black+mariah · · Score: 3, Insightful
      I'm agains Patents, and against copyright.
      You DO realize that the GPL and other Free licenses DEPEND on copyright in order to have any standing, right?
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    2. Re:This shows .. by Anonymous Coward · · Score: 0

      A. Businesses never had ethics as a requirement except for PR.

      B. We need copyright, and even most open source developers would agree. That's why we have the GPL. Guess what? It's a form if copyright. Other markets need copyright, too. Would you like it of Harry Potter books were never written? Or if O'Reilly never published books? (yes I know there are some exceptions in this area, but the majority are copyrighted) There's a reason a great deal of IP is copyrighted.

    3. Re:This shows .. by Anonymous Coward · · Score: 3, Interesting

      Hey fcuktard, Microsoft is the one trying to get Forgents JPEG patent nullified - not the other way around. It seems like Microsoft has been on the right side of quite a few patent issues recently and I cant remember the last time they were on the wrong side of one but all they take is shit from you idiots. If you want them to do the right thing then give props where theyre deserved. If the 800 lb gorilla is willing to do the world a service by freeing JPEG then they deserve congrats.

    4. Re:This shows .. by Anonymous Coward · · Score: 1, Funny

      That was the most incoherent string of purported thoughts that has ever been posted to the international headquarters of poorly thought out rants that is Slashdot. You managed to denounce patents, copyright, Microsoft, Amazon, and the RIAA; your spelling is atrocious; and your entire post is entirely irrelevant. On the whole, it is without precident in Slashdot history outside of some of the wittier GNAA posts.

      In other words, you win Slashdot.

    5. Re:This shows .. by GNUALMAFUERTE · · Score: 0, Troll

      1 - How can capitalists defend their system after clearly stating over and over that Businesses doesn't involve ethics?

      2 - Actually, i would LOVE the fact that Harry Potter and O'Reilly woudln't exist at all!.

      Cheap mass-produced, pseudo-literature for stupid kids, and market-driven, badly written. very basic, technical documentation?? Who needs that?.

      3 - The GPL is a hack arround copyright. The GPL is about Free Software, it doesn't have a damn thing to do with Open Source. Please read this post: http://slashdot.org/comments.pl?sid=147175&thresho ld=-1&commentsort=3&tid=123&mode=thread&pid=123323 28#12332347

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    6. Re:This shows .. by aichpvee · · Score: 3, Insightful

      We'd all be better if O'Reilly had never published any books.

      --
      The Farewell Tour II
    7. Re:This shows .. by close_wait · · Score: 2, Informative
      Microsoft has been on the right side of quite a few patent issues recently and I cant remember the last time they were on the wrong side of one
      ER, like the FAT patent they tried to enforce on all flash card manufacturers a couple of years ago?
    8. Re:This shows .. by badriram · · Score: 1

      They never enforced it. They offered to licence FAT along with SOURCE CODE. It was optional, and not once did they go to court or force any company to sign up.

    9. Re:This shows .. by Anonymous Coward · · Score: 0

      You DO realize that without copyright there's no NEED for copyleft either, right?

    10. Re:This shows .. by Anonymous Coward · · Score: 0

      check the slashdot article. it's not what it says.

    11. Re:This shows .. by Anonymous Coward · · Score: 0

      Thats because their patent got rejected:
      http://slashdot.org/article.pl?sid=04/0 9/30/134620 7

      If it didn't you can rest assure microsoft would be demanding companies left right and centre to pay royalties for it.

    12. Re:This shows .. by Anonymous Coward · · Score: 0

      No, I dont.

      What the GPL has done/does is to use the legal mumbo-jumbo other coorporations use to extort heaps of mony outof anyone in their sight as a defence-wall against those very coorporations.

      Its like "when in Rome, act like a Roman" : You do not need to be one, but you can use their own weapons to defend yourself against them :-)

  5. No, JPEG serves a purpose by Anonymous Coward · · Score: 2, Insightful

    PNG is fine for LOSSLESS graphics, but JPEG is LOSSY. Only if you have tons of bandwidth would you be fine.

    1. Re:No, JPEG serves a purpose by Derek+Pomery · · Score: 1

      MNG format includes JNG.
      http://www.libpng.org/pub/mng/spec/jng.html

      I have no idea if this spec infringes or not. It seems to allow significant variation in encoding though.

      --
      -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
    2. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 1, Informative

      It says the primary purpose is to enable use of multiple JPEGs in an MNG which to me implies that it isn't going to be much different patent-wise.

    3. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0

      Almost.

      GIF = looses some color data but keeps shapes sharp. Recommended for pics of drawing, video games, etc. Anything where color data isn't that important. patent expired.

      JPEG = keeps all the color data but shapes get blurrier. Recommended for photos. Bogus unenforcible patent according to burnallgifs.org

      PNG = the free software gif replacement. Looses no data yet somehow manages to compress better than gif (that seems unrealistic. Maybe its free software FUD?). Apple has a bogus patent on this with clear prior art.

      MNG = never heard of 'em

    4. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 5, Informative

      What a pathetic set of definitions.
      GIF. Lossless, but limited to 8 bit colour pallette.
      JPEG, can use lossy compression but true color.
      PNG, non-lossy, can use various pallette sizes including true-colour with full alpha channel. Can use a variety of compression algorithms, many of which are superior to that used by GIF.
      MNG. Friggen Google it. Who cares if it ain't well known - another patent war would be just push this spec needs.
      Hell. This set of definitions ain't great either, but is more accurate than the gibberish you typed.

    5. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0

      GIF does not "loose" anything.

    6. Re:No, JPEG serves a purpose by NeoThermic · · Score: 1

      > What a pathetic set of definitions.
      > GIF. Lossless, but limited to 8 bit colour pallette.

      No, no, no, no, no! Lies! All lies!

      A GIF is not limited to an 8bit color palette in any way shape or form. Its the applications that make GIF's that limit it to 8bit.

      http://phil.ipal.org/tc.html is proof that GIF can support more than a 8 bit palette. Its just that the generated image can exceed the point of a small file sized image.

      In short: GIF can support more than 256 colour palette.

      NeoThermic

      --
      Use my link above, or to view my server, NeoThermic.com
    7. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0

      Hah. I said the definitions weren't that great.
      But that's an old link. Been around for years. Yep. Technically you can cram more colours in.
      But still, only an 8 bit pallette per frame.

      Makes the uses rather limited.
      With animation typically your image is going to be about the same number of colours (although of course there is the possibility of a background frame overlayed with the animated object).
      And the trick the page pulls of chopping the image up into chunks, each getting an 8 bit segment is just silly.

    8. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0, Funny

      The only ones that would have a problem with graphics in the PNG format are the stupid dial-up users. Personally, I think all websites should start using graphics in the PNG fortmat, and the size for each image should be from 300KiB on up. The fucktards that are stuck with dial-up, well that's their own damned problem.

      Wouldn't that be sweet, a site that is a total of 3MiB, It would take a broadband user only a few seconds, while a dial-up user it would take at least 10 Min for the page to load, that would force them to either upgrade, wait for the page to load, or just get off the fucking internet. no matter what the choice is, problem solved through natural selection.

    9. Re:No, JPEG serves a purpose by petermgreen · · Score: 1

      yes its possible to put multiple frames in a gif and specify no delay and therefore get truecolor but most browsers seem to put in a delay anyway (and its exactly the same delay in every browser i've tried go figure) also there is a pretty large filesize penalty (its hard to tell exactly how high because the only thing i could find capable of creating such images doesn't support compression)

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    10. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0

      That is the one of the most stupid things I have ever seen. Well of things that were typed correctly. You realize that their are 100s of thousands of people all across the US (not to mention other countries) that are forced to use dialup because the 'last mile' problem is yet to be solved efficiently and effectively. 802.16 will help tremendously, assuming that SBC and other major telcos adopt it, but for the current time, many people are absolutely /stuck/ with dialup, and have no choice. The other problem comes from people such as my grandmother, who doesn't need broadband and doesn't want broadband. She has no need of it whatsoever, and will be unlikely to ever get it. There is no reason she should have to 'suffer' though, because she made a valid and intelligent choice based on her individual usage needs. To sum it up: Get off you high horse, jackass!

    11. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0
      PNG [...] Can use a variety of compression algorithms, many of which are superior to that used by GIF.

      The last time I looked at the PNG spec, only flate compression (same as gzip) was supported. Does PNG now support other compression methods?

      MNG. Friggen Google it.

      It seems like the Unisys patent had expired by the time the MNG spec was finalized. And there's a MNG-VLC (Very Low Complexity), which suggests MNG was over-designed. Oh well, back to animated GIFs we go...

    12. Re:No, JPEG serves a purpose by mactari · · Score: 3, Funny

      MNG. Friggen Google it. Who cares if it ain't well known - another patent war would be just push this spec needs.

      Hey, that Googling was a great idea! Miramar Mining was up 5.15% just Friday, putting it back over the dollar mark. I can only assume it's because they have a dog in this JPEG format patent fight.

      Gotta read between the lines, folks. Man, I love me some /. stock tips.

      --

      It's all 0s and 1s. Or it's not.
    13. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0

      Didn't expect to get modded up to 5 on a 30 second rant. That's /. for ya.
      http://pmt.sourceforge.net/pngcrush/
      'fair 'nuff, all zlib, even if a variety of tweaks are used which explains the various compression results. So, sorta correct.

    14. Re:No, JPEG serves a purpose by Niet3sche · · Score: 1

      My $0.02 on why JPEG *does* serve and have a purpose is this: Due to the fact that JPEG makes use of a quantizer and has frequency-space (thanks to DCT), it is a really nice candidate for image-based steganography. Yes, I say "candidate" knowing full well that MANY MANY MANY methods actually exist for this, thanks.

    15. Re:No, JPEG serves a purpose by kabbor · · Score: 1

      Just to add: You can do lossy PNGs. Officially, it's by prefiltering to create an image that compresses well, but many programs do this in their save routines, making it a one-step process.

    16. Re:No, JPEG serves a purpose by Anonymous Coward · · Score: 0

      natural selection demands that the mods step in and score the parent "-1:Asinine"

      parent's first reply pinned the tail on this donkey - he's a jackass!

  6. This looks like a SCO tactic by Anonymous Coward · · Score: 5, Informative

    I think Forgent is playing a SCO tactic here; I have looked at the original patent and conclude that it is not patenting JPEG. In more detail, anything that JPEG uses which is detailed in this patent was discovered by somone besides the "inventor" of this patent.

    Forgent doesn't have a leg to stand on; as soon as this case hits the court room, this bogus patent will be declared invalid. The JPEG's group response to this nonsense patent.

    1. Re:This looks like a SCO tactic by Anonymous Coward · · Score: 0

      Ah, so the 31 companies which have forked over $100M+ are just stupid? $100M will hire a lot of lawyers....

    2. Re:This looks like a SCO tactic by Anonymous Coward · · Score: 0

      Patent defense is not about whether or not the patent is applicable. Patent defense is about 'risk management'. Risk management means: "This guy files a lawsuit against us with an x% chance of getting a preliminary injunction, and a y% change of winning in the end". To a big digital camera company such as sony/kodak/minolta/canon, either means a big loss of revenue, and risk management gives simple rules as to which amount would be a wise amount to settle for that minizes risk. And given the size of the digital camera market, I'm not surprized to see such a dollar amount.

      See, the details of the patent don't matter, just the fact that they filed, and when the market is big enough their chance of winning doesn't matter anymore either for the fight or settle decision.

      It busines 102, I guess... Yes I agrees it sucks, but that is how lawyers work: they suck.

    3. Re:This looks like a SCO tactic by stonecypher · · Score: 1

      This would be a CompuServe tactic. SCO tried to take ownership of things they didn't own. Forgent is trying to charge for something that previous owners made free.

      There's no question of ownership here whatsoever, and it's already gone through 31 successful settled lawsuits with major companies to the tune of a hundred million dollars, so the idea that this is a bogus patent or that they don't have a leg to stand on is either silly or means that thirty one major corporations don't have sufficient legal teams to protect nine digits. Which of those seems more likely to you?

      --
      StoneCypher is Full of BS
  7. Re:Hello there! by Anonymous Coward · · Score: 0

    Okay. Thank you for answering my question, sir.

  8. Patenting file formats? by LiquidCoooled · · Score: 5, Interesting

    I thought you couldn't patent a format?

    Is it the MS implimentation of saving the file that is at fault, or am I just wrong and the format itself is patented?

    --
    liqbase :: faster than paper
    1. Re:Patenting file formats? by cduffy · · Score: 4, Interesting

      You can patent a compression algorithm. If a format specifies a particular compression algorithm... well, there you are.

      Patenting a file format itself... well, it shouldn't be possible. but MS has done it, so in the US at least it demonstrably is.

    2. Re:Patenting file formats? by MilenCent · · Score: 2, Interesting

      So why was there so much furor over GIF not so long ago? It relied on a patented compression technique. That's only over because the patent finally expired.

      I hate to once again echo the Slashdot party line on this, but software patents are just BAD.

    3. Re:Patenting file formats? by natrius · · Score: 3, Insightful

      I hate to once again echo the Slashdot party line on this, but software patents are just BAD.

      It's easy for people who program software or are otherwise interested in the software ecosystem to see that software patents are a bad thing. The question is, how are they that different from patents in other industries?

      The thing that everyone always mentions is how it's impossible to develop software without infringing on a patent. I agree. There are various other industries in which this is true as well, such as the biotechnology industry.

      For example, let's take the polymerase chain reaction, a technique that is necessary to do anything in the biotechnology industry. A company holds a patent on the technique, and I'm not sure if the patent has expired yet. The reason why everyone in the industry needs to use PCR is simple: The industry has a specific lingua franca, DNA, on which every development must be built. There is almost always a "best" way to do something when it comes to biotechnology, because there is machinery inside living cells that you have to work with to get things done. If you can use, for example, an enzyme that a cell already uses to accomplish a task, that's probably going to be the best way to do that task, because building enzymes from scratch to perform a desired task is outside of our reach at this point. So once someone discovers this "best" way, everyone else is going to need it for things to progress.

      This is similar to software in the sense that there is usually a best way to get something done. When it comes to algorithms, it's all math, so you definitely have a best way to do something.

      We've witnessed how innovation has been stifled in the software industry due to patents, but I'm fairly sure it's happening in many other industries as well. When the founding fathers gave Congress the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries," a patent system was a good way of accomplishing that. Instead of focusing on the problem of software patents, we need to be discussing whether or not the patent system in its current for is actually promoting progress, and what changes need to be made to it to ensure that it does.

    4. Re:Patenting file formats? by MilenCent · · Score: 1

      It's easy for people who program software or are otherwise interested in the software ecosystem to see that software patents are a bad thing. The question is, how are they that different from patents in other industries?

      Because, unlike other industries where a patent covers an expression of an idea, in software development the patent is dangerously close to being the idea itself. There were things I came up with on my own in my bedroom at the age of 14, playing around on my Commodore 64, that probably conflicted with a software patent out there, somewhere. That strikes me as dangerously wrong.

      As for patents outside of software... well things like business method patents are also kind of screwy. Isn't true that the current patent laws say anything that can be created by man can be patented? I think that's inherently dangerous, and it's only a matter of time before it becomes really troublesome.

      On patents, as they were practiced before, I don't have enough information to say one way or another, but I'm bothered by the idea that I can tell someone else, someone I've never had any contact with, to stop doing something, because I did it first and registered it.

      No matter what the founding fathers said, something about this seems wrong. I understand that patents were created in order to safeguard against specific problems with the marketplace, but I don't even know if they're currently doing their job in that regard -- off the top of my head, how about how quickly the other PVRs caught up with Tivo?

    5. Re:Patenting file formats? by Tim+C · · Score: 1

      I thought that in the US it was demonstrably possible to patent just about anything though? Just because you've managed to patent something doesn't necessarily mean that you'll be able to enforce the patent, either (at least in theory)

    6. Re:Patenting file formats? by Ed+Avis · · Score: 1

      One difference is that biotech already has relatively high overheads - you need to have a laboratory and expensive equipment already, so patent licensing is not a significant extra barrier to entry. But software development is often done by small firms or individuals to whom having to license hundreds of patents (or get shaken down by Lucent, etc) is a significant burden.

      One way to tweak the patent system to promote progress is to grant patent monopolies only in areas where there's evidence it gives an economic benefit. There is no evidence of any benefit in the area of software, as studies have found, so it would be a good start to exclude software from patentability - whatever happens to the rest of the system.

      --
      -- Ed Avis ed@membled.com
    7. Re:Patenting file formats? by Alioth · · Score: 2, Insightful

      The trouble isn't that patents exist (even software patents) - the trouble is what's getting patented. It's so bad that the patent office has a term "pioneer patent" for real inventions, and says that makes only a tiny fraction of the patent applications!

      IMHO, the only things that should be patentable now are the "pioneer patents" - everything else should be rejected. There should also be an easy way of overturning patents when it can reasonably be demonstrated that someone else independently came up with the same thing (i.e. making it easier to overturn on the grounds of not something that someone "ordinarily skilled in the art" can come up with). At the moment it costs so much to have a patent overturned, you may as well license it even though it should never have been patentable in the first place. The compression used by GIF had two separate patents for the same invention - one held by Unisys and one held by IBM. It's not novel if there can be two patents covering exactly the same "invention"!

  9. You'd think Microsoft would be more innovative. by crottsma · · Score: 5, Funny

    A lawsuit? Stupid. Microsoft should employ the same technique I use at BestBuy. Just purchase the license, use it for a while, and then return it claiming that the salesman scratched it.

  10. Selling to Compaq by MHobbit · · Score: 3, Interesting

    (to Compaq)

    If Forgent was going to sell it to Compaq, wouldn't it just be selling it to HP? Or have I been incorrectly thinking all along about HP buying Compaq, when in fact HP only bought the computer portion of Compaq? I'll go Google for more info...

    --
    Debugging? Klingons do not debug. Bugs are good for building character in the user.
    1. Re:Selling to Compaq by Anonymous Coward · · Score: 0

      Presumably this was before the HP-Compaq merger (which was about 3 years ago)

  11. Just when does this patent expire? by HidingMyName · · Score: 2, Interesting

    I thought patents were for 17 years, and this one appears to have been granted in 1987.

    1. Re:Just when does this patent expire? by Anonymous Coward · · Score: 0

      i believe its 20 years

    2. Re:Just when does this patent expire? by Husgaard · · Score: 2, Informative

      The US of A signed TRIPS, so they have to let patents be valid for at least 20 years according to article 33.

    3. Re:Just when does this patent expire? by Trepalium · · Score: 5, Informative

      The patent may have a life of up to 20 years. The rules to determine if the patent qualifies for a 20 year life or a 17 year life based on a filing from 1987 are too complex for me to figure out. All new patents filed in any TRIPS signatory nations have 20 year terms.

      --
      I used up all my sick days, so I'm calling in dead.
    4. Re:Just when does this patent expire? by metlin · · Score: 1

      Well then, drag the war on until then.

      And guess who gets richer? Not Microsoft nor Forgent. The freakin' lawyers. Yay!

    5. Re:Just when does this patent expire? by Anonymous Coward · · Score: 0
      That would be an illegal (constitutionally speaking) retroactive law; violation of the "takings" clause, by taking from the (future) public domain.

      You're correct that the law is at it is, but the law is illegal in the US as it stands.

    6. Re:Just when does this patent expire? by Husgaard · · Score: 3, Interesting
      Yes, I believe just like the Mickey Mouse copyright extension.

      Nonetheless the Mickey Mouse copyright extension was upheld by the US supreme court.

    7. Re:Just when does this patent expire? by Anonymous Coward · · Score: 0

      That only applies to the following (TRIPS)
      Article 14
      Protection of Performers, Producers of Phonograms (Sound Recordings) and Broadcasting Organizations

      It will most likely be missinterpreted or a slant put on it. Sigh! that's how lawyers make $$$. It is not so much reading the letter of the law, after all law is a matter of precedence. In other words if you have many $$$ then you have have a good chance of having the letter of the law interpreted to your advantage.

      On a good note: "At least these people will not get out of life alive".

    8. Re:Just when does this patent expire? by lottameez · · Score: 4, Informative

      They used to be 17, but got extended (and grandfathered) to 20 when the US signed up for the GATT treaty.

      --
      Yeah? Well I think you're overrated too.
    9. Re:Just when does this patent expire? by angle_slam · · Score: 3, Informative
      The rules to determine if the patent qualifies for a 20 year life or a 17 year life based on a filing from 1987 are too complex for me to figure out.

      The basic rule actually pretty simple. The term is either 17 years from the issuance of the patent or 20 years from the filing date. Calculate both dates. Whichever is later is the patent term.

      For patents filed after June 8, 1995, it's even simpler--20 years from the filing date. In the present case, the 20 year date is longer, so it will not expire until October 27, 2006.

      The more complicated part is determining if the maintenance fees are paid and if the patent in question is a continuation.

    10. Re:Just when does this patent expire? by Anonymous Coward · · Score: 0
      This patent was issued on October 6, 1987. For all patents issued at that time, the term is 17 years from the issue date, and the patent expired on October 6, 2004.

      Others here have mentioned the GATT-TRIPS 20 year patent term. That is not applicable here, as the GATT-TRIPS provisions only apply to patents issued after the June 8, 1995, date on which the U.S. law regarding GATT-TRIPS was officially implemented. This includes patents filed before the implementation date and granted afterwards, in which case the term is 20 years from the filing date, or 17 years from the issue date, whichever patent term is longer. GATT-TRIPS does not, however, apply retroactively to patents issued before the implementation date. Finally, if the patent application is filed after the implementation date, the term under GATT-TRIPS is strictly 20 years from the filing date.

    11. Re:Just when does this patent expire? by Anonymous Coward · · Score: 0

      The OP is correct; the patent extension and as you pointed out the Mickey Mouse Revenue Preservation Act are both examples of ex post facto law, prohibited by the U.S. Constitution. Not the first time the Supreme Court has erred, and probably not the last.

  12. Its just another case file for them by t_allardyce · · Score: 4, Funny

    The great thing about all this is that you can just imagine both Forgent and Microsofts lawyers and PHB's in court, neither having any idea what a discrete cosine transform is or how huffman works, sitting their yawning and listening to engineer testimonies while the judge tries to figure what the fuck is going on.

    --
    This comment does not represent the views or opinions of the user.
  13. They are patches. by GNUALMAFUERTE · · Score: 2, Insightful

    Our goal is to have NO COPYRIGHT AT ALL, until then, the GPL is a hack that uses this same fucked up law against itself. One day, copyright won't exist, and since noone will be able to put restrictions on software and other stuff, the GPL won't be needed.

    --
    WTF am I doing replying to an AC at 5 A.M on a Friday night?
    1. Re:They are patches. by MechaStreisand · · Score: 1

      Yeah, and all those people who currently use GPLed software in their products won't be forced to release source or use something else, unlike today. Have you not noticed the legal action about that when cases like that arise?

      If no copyright is the goal, why does anyone bother with cases like that?

      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
    2. Re:They are patches. by Anonymous Coward · · Score: 1, Insightful

      That's simply untrue. The GPL is necessary if you want the source of works to remain free. Even in a world without copyright, I can still make changes, compile into binary form, and give the binaries away for free sans source. So indeed, GPL relies on copyright to achieve its goal of the free availability of source code forever.

    3. Re:They are patches. by fidget42 · · Score: 1

      If there is "NO COPYRIGHT AT ALL" then you don't have any rights to your code. This means that I can take your code, make any changes that I want without giving anything back. No thanks, but I will keep my copyright.

      Now if you would have made a statement about reasonable copyright then I might have agreed, at some level.

      --
      The dogcow says "Moof!"
    4. Re:They are patches. by jdhutchins · · Score: 1

      Our goal is to have NO COPYRIGHT AT ALL

      I don't know who you're speaking for, but most of the OSS community doesn't want to do away with copyright. If there were no copyright, anyone could take OSS code, modify, and release the binary. If they keep the code secret, as many companies do today, there'd be no way to force it out of them. With copyright, we can force them to release the code if it is GPL-derived. Without copyright, anything you produce could be copied by someone else and claimed as their own.

    5. Re:They are patches. by GNUALMAFUERTE · · Score: 1

      Who cares about OSS?, OSS doesn't care about anything but practical things, success.

      I'm talking about Free Software here.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    6. Re:They are patches. by MechaStreisand · · Score: 1

      Something I thought would be fun would be if we could somehow declare, legally, that all those who believe that copyright should be abolished have THEIR rights to copyright abolished. That way, everything they ever produce (or ever have) is immediately under public domain.

      See how much they hate copyright then.

      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
    7. Re:They are patches. by Anonymous Coward · · Score: 0

      I will let go of my copyright at the same time as everyone else.

    8. Re:They are patches. by oscartheduck · · Score: 0

      And Free Software relies upon copyright to remain free. I suggest you read a document about this such as this one: http://www.gnu.org/copyleft/copyleft.html In case you don't read it, here's a brief quote: The simplest way to make a program free software is to put it in the public domain, uncopyrighted. This allows people to share the program and their improvements, if they are so minded. But it also allows uncooperative people to convert the program into proprietary software. They can make changes, many or few, and distribute the result as a proprietary product. People who receive the program in that modified form do not have the freedom that the original author gave them; the middleman has stripped it away. In the GNU project, our aim is to give all users the freedom to redistribute and change GNU software. If middlemen could strip off the freedom, we might have many users, but those users would not have freedom. So instead of putting GNU software in the public domain, we ``copyleft'' it. Copyleft says that anyone who redistributes the software, with or without changes, must pass along the freedom to further copy and change it. Copyleft guarantees that every user has freedom. Copyleft also provides an incentive for other programmers to add to free software.

      --
      How to use coral cache: http://slashdot.org.nyud.net:8090/~oscartheduck
    9. Re:They are patches. by GNUALMAFUERTE · · Score: 1, Interesting

      I Have read every philosofical document on gnu.org, i have studied the GPL, i have even bringed rms to my country to talk on our local GLUG (http://www.shutdown.org.ar), thanx, i know what i'm talking about. RMS has said a million times that the GPL exists because of copyright law, to fix it. It's RMS desire, and i agree, that copyright woudln't exist at all, and that just laws would be correct, that is, many of the thing that the GPL states should be actually law for all software produced, and for other pieces of intelectual production, and so the GPL woudln't be needed. I Agree strongly with that, as utopic as it may sound.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    10. Re:They are patches. by brsmith4 · · Score: 2, Insightful

      The problem is that people who bitch about copyright (i mean total abolition kinda folks) don't produce anything. So saying that they can't copyright won't really affect them.

    11. Re:They are patches. by black+mariah · · Score: 1

      If you want to subvery copyright, all you have to do is put whatever you create into the public domain.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    12. Re:They are patches. by petermgreen · · Score: 1

      not really all that means is that others can make derivitive works and claim copyright on them.

      if there is no copyright and therefore no sale value in code then what incentive is there to keep stuff secret?

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    13. Re:They are patches. by tepples · · Score: 0

      Even in a world without copyright, I can still make changes, compile into binary form, and give the binaries away for free sans source.

      And I can decompile them and have my crack team of software liberation experts think of good variable names and add comments. Executable form is only an obfuscation of the program's logic, and any obfuscation can be reversed.

    14. Re:They are patches. by Anonymous Coward · · Score: 0

      Pssst, he's a troll.

    15. Re:They are patches. by nickco3 · · Score: 1

      The problem is that people who bitch about copyright (i mean total abolition kinda folks) don't produce anything. So saying that they can't copyright won't really affect them.

      Counter-example in two words: Richard Stallman

      --
      -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
    16. Re:They are patches. by Anonymous Coward · · Score: 0

      Richard Stallman is not against copyright.

      He thinks, like many of us, that the present situation has significant problems, and want to split copyright, using different rules for functional works, (IIRC) works of political expression, and (IIRC) works of art.

      He's done good work thinking about most areas, and simplifying this to "remove copyright" is IMO disrespectful.

      I personally disagree with his stance on functional works. I believe limited term protection for functional works is useful, and that his emotional agenda is obvious as he switch from arguing 'what produces best results' to 'is doable' when he switch from other areas to functional works.

      Eivind (BSD person).

    17. Re:They are patches. by oscartheduck · · Score: 0

      There's a great difference between our readings and our understandings of these things, though. Having read a bit around the GPL myself, my understanding is that he is taking the original idea behind copyright in the U.S. system and trying to re-instate that.

      However, we're apparently going to disagree. Either way, I'm glad that we're both agreeing that the GPL is the strongest way to go with Free Software and that OSS isn't. I wholeheartedly agree that there has to be a moral foundation to demanding freedom, rather than simply arguing it is an expediency.

      --
      How to use coral cache: http://slashdot.org.nyud.net:8090/~oscartheduck
    18. Re:They are patches. by GNUALMAFUERTE · · Score: 1

      I'm also glad we agree in such an important idea, it's the basis for everything else we can talk about in this field, freedom is more important than convenience.

      About the GPL, RMS itself has said that it's a kind of patch for the current copyright system, and that he's absolutely against the existance of any kind of copyright. I have discussed this with him personally when we invited him to talk on our GLUG last year.

      In a perfect world everything would be in a kind of public domain, where the law states that everyone should publish their works freely, but that's just utopic.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
  14. Burn all JPEGS? by Husgaard · · Score: 3, Insightful
    I guess we all remember the story of GIF. After this had become an established standard Unisys told the world that they had a patent on the compression algorithm for GIF.

    And now the same is happening to JPEG.

    What do you think is needed to avoid such 'submarine' patent attacks on established standards?

    1. Re:Burn all JPEGS? by Anonymous Coward · · Score: 0

      What do you think is needed to avoid such 'submarine' patent attacks on established standards?

      We retailiate by filling their offices with thousands of gallons of grape jelly.

    2. Re:Burn all JPEGS? by Sycraft-fu · · Score: 2, Insightful

      Reform the patent system. Unfortunately, as it stands this sort of shit is easy to pull. However getting rid of JPEG is even more imporrible than getting rid of GIF. There is at least a replacement format for GIF (PNG) and it's primary use is the web. JPEG, however, is used by everything. Hard to find a consumer digicam that doesn't shoot pictures to JPEG by default, many of them use it exclusively.

      Worse yet, there's no real replacement. The beuaty of JPEG is the same as MP3: It's a lossy, perceptual based compression. You can obtain quite good compression ratios with a minimal percieved loss of quality. That makes is extremely useful for large images that don't need to be 100% perfect.

    3. Re:Burn all JPEGS? by petermgreen · · Score: 1

      if this holds up in court then there WILL be a replacement

      just like ogg vorbis was made to replace mp3 and png to replace gif.

      and there will still be software availible to handle the old format either through underground channels or through paying licesees or both.

      those making self contained systems will either license the patent or use the unencumbered technology (note that for example ut2k3 uses ogg)

      the big problem i can see is for web browsers. Imagine if firefox could no longer render jpeg without a third party hack. (afaict unisys never managed to enforce thier patent against *DECODERS* in court only against encoders)

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    4. Re:Burn all JPEGS? by Anonymous Coward · · Score: 0
      Worse yet, there's no real replacement.

      *cough*JPEG2000*cough*
    5. Re:Burn all JPEGS? by stonecypher · · Score: 1

      What do you think is needed to avoid such 'submarine' patent attacks on established standards?

      See also MP3 and Frauenhoffer, though they were somewhat less blatantly obvious about it, SGML and a few high-end vendors, and for a while there Sun and Java. That said, exactly what should happen has since happened: PNG, Vorbis and Speex, XML, modern scripted DHTML. Formats designed since day one from novel principles to be unencumbered. (I prefer the patent released to public domain, which is more legally secure, than the no patent and prior art defense, but both work.) Better portable music players occasionally play Vorbis, and everybody but IE supports PNG (hell, even IE does if you make an HTML component and stuff all PNGs through DirectX filters.) Scripted DHTML is pretty uniform and reliable these days, allowing application behavior of a quality which would make Win16 programmers green with envy. Hell, this is even happening in response to good-faith commercial dominants like Flash and PDF, in the form of SVG and (arguably) .MHT as RFC2557 archives.

      The progress to open standards is a natural one, though a difficult one, and generally one spurred by commercial standards' abuse. That's why Flash has maintained for so long: Macromedia released the standard, making things like Ming possible, maintaining community goodwill and a high quality editor. They fought open standards by becoming one, because there was no real editor competition, and there still pretty much isn't.

      Over time, interoperability demands uniform deployment, stable extensibility and generality. Open standards are a natural medium for all three axes. Few approaches serve long-term interests better than open standards in any but the most exceedingly vertical markets.

      What do we need? A PNG for lossy compression. JPEG2000 looked like it was going to be that, but the patent situation is just as bad. Someone with sufficient clue simply needs to step in and reinvent with open hands.

      --
      StoneCypher is Full of BS
  15. Patent war? by Goalie_Ca · · Score: 3, Funny

    At least the little guy has nothing to worry about. We're obviously not worth enough money to sue.

    --

    ----
    Go canucks, habs, and sens!
  16. The Patent Expired in 2004 by GrassyKnowl · · Score: 2, Informative

    The patent was filed in 1987.

    A patent lasts 17 years so the patent is now expired.

    1. Re:The Patent Expired in 2004 by Anonymous Coward · · Score: 0

      ya, obviously microsoft, forgent and the judges forgot to look that up. patents last 20 years

    2. Re:The Patent Expired in 2004 by Thanatopsis · · Score: 2, Informative

      Patents usually expire after 20 years - Not 17. It also may have gotten extended. Patent expiration has no impact on past violations.

    3. Re:The Patent Expired in 2004 by Armadni+General · · Score: 0

      Please see this thread for info on my patents last 20 years now.

  17. Copy of the lawsuit? by Anonymous Coward · · Score: 0

    Does anyone have a copy of the actual lawsuit?

  18. Sue Each Other by Anne_Nonymous · · Score: 1

    Why does the phrase "sue each other" give me flashbacks to that comic, Spy vs. Spy?

    1. Re:Sue Each Other by Anonymous Coward · · Score: 0

      too many drugs?

  19. Re:Hello there! by Anonymous Coward · · Score: 0

    Yes, dear mods, the grand question of "penis" IS overrated.

    Let us have a revolution to overthrow the evil reign of the Penisites!

  20. Start the Revolution by Quirk · · Score: 1
    "The first thing we do, let's kill all the lawyers."

    The obligatory quote from Shakespeare's Henry VI is apt in the face of the insanely, litigious state of Corporate culture. "...kill all the lawyers.", and the system fails. The path seems to be grab whatever you can, lay claim via the USPTO, who seem ready to oblige. Then litigate and hold out for a buyout. SCO seems to be run by idiots, as they appear to be failing where all others succeed.

    --
    "Academicians are more likely to share each other's toothbrush than each other's nomenclature."
    Cohen
    1. Re:Start the Revolution by Anonymous Coward · · Score: 0

      "The first thing we do, let's kill all the lawyers."

      Way to shift the blame. This is primarily the fault of the voters. Lets not forget that.

    2. Re:Start the Revolution by magefile · · Score: 1

      That quote from Henry the ... Fifth, I think, is often taken out of context. In context, it's used to demonstrate the stupidity and absurdity of the character who says it. It's not actually an anti-lawyer statement.

    3. Re:Start the Revolution by Quirk · · Score: 1
      The link I gave, underlying the quote, holds an analysis of the quote and the various arguments that surrounded it in Elizabethean times and beyond.

      cheers

      --
      "Academicians are more likely to share each other's toothbrush than each other's nomenclature."
      Cohen
    4. Re:Start the Revolution by Anonymous Coward · · Score: 0

      That quote from Henry the ... Fifth, I think, is often taken out of context. In context, it's used to demonstrate the stupidity and absurdity of the character who says it. It's not actually an anti-lawyer statement.

      That was then, and this is now.
      Funny how times change, isn't it?

  21. MS Vs Forgent by tyleroar · · Score: 4, Insightful

    Microsoft Gross Profit: 30.12 Billion Forgent Networks Gross Profit: 3.30 Million I wonder who will win...

    --
    Portland, North Dakota Puppies
    1. Re:MS Vs Forgent by zoid.com · · Score: 1

      Don't be too quick to declare the winner based on bank accounts. Look at the Intel vs. Intergraph case.

  22. If you live by the sword. by Colin+Smith · · Score: 1

    And here they are trying to have software patents enforced within Europe? What is it that Homer says? Doh!

    --
    Deleted
    1. Re:If you live by the sword. by Husgaard · · Score: 5, Interesting
      And here they are trying to have software patents enforced within Europe?
      I think there are three reasons why Microsoft wants to have software patents legalized in Europe:
      • They want it because they think it is their last possible way to fight their worst (and last remaining real) competitor: FOSS.
      • They want their current (illegally issued, and thus currently illegal) patents to be legalized so they can use them for defensive purposes.
      • They know that with about 50,000 illegally issued patents in Europe there will be a big patent war where everybody sues everybody in Europe if these illegal patents are legalized. This will give them (and the rest of the US software business) a big competitive advantage.
    2. Re:If you live by the sword. by Anonymous Coward · · Score: 0

      Your tactis is nice but it has a little flaw. Microsoft (till the date of this writing) never sued any FOSS organization/person over patent despute.

      They hardly (this is not saying they don't even sue anyone over patents.

    3. Re:If you live by the sword. by Anonymous Coward · · Score: 0
      Your tactis is nice but it has a little flaw. Microsoft (till the date of this writing) never sued any FOSS organization/person over patent despute.

      They don't have to. It's as the basis for FUD that patents are the most powerful, as that will keep FOSS out of government and corporations. Expect a few suits against minor FOSS players brave enough not to cave in at the first 'cease and desist' just to drive the point across.

      They hardly (this is not saying they don't even sue anyone over patents.

      They can't. Between major corporations patents are like strategic nuclear arms. You may need them for MAD, but you can't start using them, as that will only make your enemies use theirs against you. Against people who can't defend themselves though, it's a different ball game.

    4. Re:If you live by the sword. by DavidTC · · Score: 1
      Except people have already figured that out.

      Now they build an entire company, that makes nothing, around one patent, and sue everyone. MAD doesn't work there, because they don't do anything.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:If you live by the sword. by marcosdumay · · Score: 0, Redundant

      They want their current (illegally issued, and thus currently illegal) patents to be legalized so they can use them for defensive purposes.

      If there are no patents, there is no need for defensive patents.

      They know that with about 50,000 illegally issued patents in Europe there will be a big patent war where everybody sues everybody in Europe if these illegal patents are legalized. This will give them (and the rest of the US software business) a big competitive advantage.

      Rephrasing it: The current situation give a big competitive advantage for the Europe. MS is on a position of disadvantage, they only want to lower the playing field by making Europe as fuzzy as EUA.

      Where the third point is also valid, I think the goal of MS supporting software patents on Europe is only fighting FOSS.

  23. Re:Hello there! by Anonymous Coward · · Score: 0, Offtopic
    Vagina?

    (Hoping for "underrated" or "insightful" mod, because "Penis?" was overrated)

  24. Why don't they Just Patent the DCT by Anonymous Coward · · Score: 0

    And while there at it they can patent the Huffman Run Length Encoder. Oops, did I just give away the basis of the JPEG compression technique.

    1. Re:Why don't they Just Patent the DCT by Anonymous Coward · · Score: 0

      I have done some direct research on one part of this patent.

      There are specific "features" of the patent that deal with how codewords are created and used that is the problem

  25. 3 words by Datasage · · Score: 1

    Mutually Assured Destruction.

    If the both patents are enforced, neither will make anything. Just loose money to the lawyers. I'm curious, is the bar association one of the groups lobbying for patents?

    --
    In America we are imprisoned by our fear of them.
  26. If Microsoft Loses, will IE finally do PNGs? by filterchild · · Score: 4, Funny

    If Microsoft loses this lawsuit, would they finally have to make IE do PNG's correctly?

  27. A thinker. by crottsma · · Score: 1, Insightful

    The fact that Microsoft is pursuing an expensive legal remedy instead of adopting or developing an alternative to JPEG indicates that it takes an immense amount of money to develop, establish, and market something as wonderful as the JPEG. However, on the other hand, it may just be that JPEG has become so pervasive that Microsoft has no choice but to support it, and in that case it does seem unfair that a company can continue to harvest so much money, just because they've created a certain degree of consumer dependency. Almost like a twisted kind of monopoly.

  28. They lost the patent!!! by LiquidCoooled · · Score: 5, Interesting

    I just been digging through the USPTO records about this patent (its intruiging in a sadistic way), and I discovered that the physical patent file itself went missing!

    05-22-2002 File Marked Found
    02-25-2002 File Marked Lost
    09-21-2001 Set Application Status
    10-06-1987 Recordation of Patent Grant Mailed
    07-13-1987 Issue Fee Payment Verified

    Heres the link to the info block for the patent.

    I was originally looking for expiry information for this patent, but couldn't seem to find it.

    --
    liqbase :: faster than paper
    1. Re:They lost the patent!!! by Anonymous Coward · · Score: 0

      It seems Microsoft knew about this back in 2002. I suppose you need to let it sit a couple years to clean up any traces.

    2. Re:They lost the patent!!! by cecom · · Score: 1

      I just been digging through the USPTO records about this patent (its intruiging in a sadistic way)

      You mean masochistic don't you !?! :-)
  29. Just go to JPEG 2000 by jcr · · Score: 1

    DCTs suck anyway. If this makes people adopt wavelet compression sooner, all the better.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Just go to JPEG 2000 by Wesley+Felter · · Score: 2, Interesting

      And then someone will whip out a patent which they claim applies to JPEG 2000.

      It's getting to the point where you can only trust stuff that's over 21 years old.

  30. Editors Edited out key item in the post by goombah99 · · Score: 5, Informative
    The editors changed my submission omitting key details. The pattent issue is not cut and dried. Nor is neccessarily absurd patetn abuse. The pattent has two inventors. The first inventor, Dr Chen, is the developer of the Fast Cosine Transform and its applications to compression. Thus the fact that this pattent is based on the Fast Cosine transform is proof that prior art did not exist. The second inventor was also on the JPEG commission that created the standard, so it's reasonableto guess this techinology was put in the standard. The trouble is Dr. Chen published the compression algorithm a year before the patent was filed. In the US, the rule of thumb is you have a year to patent an idea after disclosing it, but exceptions can be granted.

    In this case the patent is mainly about compression and transmission of video. So its the combination of things not just the Cosine Transform.

    However a close reading of the patent claims shows that it also contains technology useful for still compression like jpeg. The fact that this is buried in the complex details may account for why it took so long for the assignee of the patent to get around to claiming it.

    The interesting thing here is that Forgent is willing to sel the patent. It already tried to sell the patent to Compaq. So in theory microsoft could pull a coup here not by breaking the patent but by purchasing it and thereby owning Jpeg. The fact that it already produces a revenue stream sort of underlies that. I also know that I the mpeg compression algorithm may also be based on Fast Cosine Transforms. THere is weaker chance it could be used to claim ownership of mpeg.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Editors Edited out key item in the post by Anonymous Coward · · Score: 0

      It's all math at the end of the day.

    2. Re:Editors Edited out key item in the post by Anonymous Coward · · Score: 0
      It's all math at the end of the day.

      So? might as well say, it's all done on computers. Or It's all done using god's laws. WTF.

    3. Re:Editors Edited out key item in the post by Anonymous Coward · · Score: 0

      If you think that is patent abuse, then please check the US patent 5283943 (you can check more details here http://www.patentstorm.us/patents/5283943.html/
      i'll paste a brief resume of it nevertheless:

      "A system for assembling multiple component products, comprising: an
      assembly machine which assembles products using components retrieved
      from a plurality of compartments located at a corresponding plurality
      of locations, each compartment located according to a type of
      component stored within; a component identifier that identifies the
      type of component stored in each compartment by analyzing indicia of
      the components or component compartments; and at least one location
      indicator, responsive to the component identifier, for producing an
      indication signal of the corresponding location of each component
      compartment or component after the type of component has been
      identified."

      and no, unfortunately this isn't a joke

    4. Re:Editors Edited out key item in the post by Reaperducer · · Score: 1

      The editors changed my submission omitting key details.

      You mean the Slashdot editors edited? This could be a first, because we've seen no evidence of this before. Maybe all the complaining is getting to them.

      --
      -- I'm old enough to have lived through six different meanings of the word "hacker."
    5. Re:Editors Edited out key item in the post by Anonymous Coward · · Score: 0

      I've never heard of a "Fast Cosine Transform" in my travels. What you may be referring to is an FFT with pre and post twiddle operations.

    6. Re:Editors Edited out key item in the post by ergo98 · · Score: 2, Informative

      The interesting thing here is that Forgent is willing to sell the patent.

      Note that Forgent has already racked up $100 million in extortion, err licensing, fees relating to this patent, and they believe that they're just getting started. I doubt they plan on selling the patent for less than a billion dollars.

      Forgent is a classic patent enforcer - they have another patent related to PVRs, and they plan on using their JPEG warchest to finance that tax on consumer products.

      http://news.com.com/Patent+litigants+target+DVRs/2 100-1047-5659298.html

    7. Re:Editors Edited out key item in the post by rifftide · · Score: 2, Informative

      The text of patent 4,698,672 by W. Chen et al. (Compression Labs) makes reference to an earlier patent 4,302,775 by R. Widergren, W. Chen et. al. (Compression Labs). Patent 775 covers a method involving the application of the discrete cosine transform to blocks of an image or video frame. It was first filed in 1978 and apparently revised in 1981. I don't know whether that was the original DCT patent, but in any case it has expired. That's why Forgent hasn't claimed ownership of the basic DCT algorithm itself (which is fortunate, because that it the basis of practically all videoconferencing and streaming video systems in use today).

    8. Re:Editors Edited out key item in the post by coopex · · Score: 0

      Maybe that's because you know nothing of lossy image compression. .20 seconds with google, dumbass. http://www.google.com/search?hl=en&q=fast+cosine+t ransform

      --
      The road to hell is paved with good intentions.
    9. Re:Editors Edited out key item in the post by teknomage1 · · Score: 1

      I expect MS would rather drag the litigation out for the next two years so the patent expires.

      --
      Stop intellectual property from infringing on me
    10. Re:Editors Edited out key item in the post by mdecarle · · Score: 1

      In summary:

      Automated system to put one item on, at or in another item.

      Great. All factories are infringing this!

  31. Ulterior motives by metoc · · Score: 5, Interesting

    I suspect M$ has ulterior motives. M$ has licensed stuff (i.e. LZW/GIF) before and has the cash, so why take the risk of losing in court and making a big payout.

    So why else?

    One. The patent is truly unenforceable, and M$ is confident it can prove it in court.

    Two. They want to set a precedent. If you fail to enforce a patent, and it (accidently) ends up in a standard that becomes pervasive. You can't be johnny come lately and start enforce it. Obviously if people knew the patent existed, they wouldn't have used it in JPEG, or companies like M$ would have only used JPEG if they were willing to pay the royalties. Additionally Forgent is charging royalties as if nobody has a choice (which they don't have now). If they had enforced the patent and asked for royalties 10-15 years ago it would be in limited use and no where near as valuable.

    1. Re:Ulterior motives by Anonymous Coward · · Score: 0

      Despite how much a dollar sign ($) may look like an S, I can assure you it's not actually a letter.

    2. Re:Ulterior motives by back_pages · · Score: 1
      One. The patent is truly unenforceable, and M$ is confident it can prove it in court.

      I know this passes as interesting on Slashdot, and with a bar set this low, it truly is, but this challenging the validity of a patent is the first phase of any patent infringement suit. You're absolutely correct, but it's a little bewildering that this is informative. (It's not your fault; just an observation.)

      Two. They want to set a precedent. If you fail to enforce a patent, and it (accidently) ends up in a standard that becomes pervasive. You can't be johnny come lately and start enforce it.

      This is completely false, however. As a matter of fact, this is exactly what you can do with a patent, and the system was designed to be that way. Whether or not that's right or fair is another discussion, but you could never convince me that Microsoft considers changing the foundations of the patent system as a realistic goal.

      Obviously if people knew the patent existed, they wouldn't have used it in JPEG, or companies like M$ would have only used JPEG if they were willing to pay the royalties.

      Patents are public. The temporary monopoly is granted in return for public disclosure of the technology. Tax codes are tricky - you wouldn't engage in complicated commerce and then just hope you paid your taxes right. You'd hire an experienced accountant to make sure you aren't going to get burned. The patent system was created in the Constitution - it's been around awhile. If you work in technology but haven't paid for any experts to investigate your patent liability, it's a lot like doing your taxes with guesswork and prayers. Sooner or later, you're going to get burned (by the IRS or by some patent owner). Paying for those experts is a cost of doing business in the US.

      The patent was public. If Microsoft didn't know about it, it's nobody's fault but their own.

      If they had enforced the patent and asked for royalties 10-15 years ago it would be in limited use and no where near as valuable.

      That was part of the original intent of the patent system. It's not an accident that you are not required to actively defend your patent. They were well aware that you could sit on it for 15 years and then cash in on an entire industry. Patents are public. A business that doesn't hire an IP lawyer is like a business that doesn't hire an accountant. Sooner or later you're going to get burned and if that happens because your business never investigated its liability, I have a difficult time placing the blame anywhere except squarely on the shoulders of your company.

    3. Re:Ulterior motives by dascandy · · Score: 1

      > Two. They want to set a precedent. If you fail to enforce a patent, and it (accidently) ends up in a standard that becomes pervasive. You can't be johnny come lately and start enforce it.

      You do remember the FAT patents Microsoft is trying to enforce? So, the conclusion is obvious.

  32. Use It or Lose It by gbulmash · · Score: 2, Interesting
    I'm not going to say patents or copyrights are bad. If you create a truly useful invention (be it artistic or technological), you should have the right to control it for a specified period of time and benefit from it. As other posters have noted, the GPL and other open source licenses are not anti-copyright, but are actually dependent on the concept of copyright for enforcement.

    But this isn't about the GPL.

    IANAL, but AFAIK about patents, copyrights, and tradmarks, you have to actively defend your rights or you lose them. That's why when these companies discover a patent in the back of some filing cabinet they bought at a bankruptcy auction, they immediately sue 500 infringers. It's not just for the money, but to establish that they are actively defending it.

    What ticks me off is that someone who owns a patent, copyright, or tradmark can let it be trod upon, made part of universal standards, and essentially give up all rights to it. Then they go bankrupt, retire, get bought out, and a new party acquires their portfolio. That new party then runs out and sues everyone using this IP.

    In cases like this, where the IP has been widely used, has become a standard, and no one has enforced the copyright/trademark/patent for over a decade, the patent should be declared null and void. A new owner shouldn't be able to crawl out from under a rock and start suing people.

    But that would require common sense on the part of our politicians. And as we all know, few of them have any sense and the only time the word "common" is applied to them is when someone's calling them "common crooks."

    - Greg

    1. Re:Use It or Lose It by dlamming · · Score: 3, Interesting

      You're wrong. Patents don't have to be defended, but trademarks do. If I own a patent, I can choose to enforce it against whomever I choose, whenever I choose (unless I've promised not to, hopefully in writing).

      There's sort of an exception to this in case law: if I notify a patent holder that I might plan to use their patent, and they don't respond to me within three years, I can go ahead and use it with limited damages. I may still get sued for future damages once they notice I'm infringing, but I can't get retroactively sued for damages, and I probably won't prohibited from selling my product if I pay a suitable royalty.

      --
      Not only am I a scientist, I play one on TV
    2. Re:Use It or Lose It by Anonymous Coward · · Score: 1, Informative

      While it is true that trademarks must be actively defended, or risk being lost, a reason why Kleenex, Xerox and Coke are constantly defending theirs, Copyrights and Patents can be exercised at the holders whim. This reflects the different nature of the forms of intellectual property, since Trademarks are indefinite, but patents, and copyrights (in theory), are of limited durations. You may therefore choose only to exercise your patents against Microsoft, but you must defend your trademark against every mom & pop store, or risk losing it.

    3. Re:Use It or Lose It by Anonymous Coward · · Score: 0

      In my opinion the free flow of information benefits the world far more than any stifling of this flow. I wonder what the world would be like if patents didn't exists and if a goverment body rewarded the actual creators of technologies that are widely used and useful.

      Just a thought..

      In a way donating to GPL project supports this idea. Now if only the goverment could be convinced to do moderate donations in those areas. I'd bet tossing a billion at OSS a year would have truly dramatic results, and probably end up returning that money to the goverment in the form of increased productivity and economy of running businesses.

      Of course microsoft would hate it...

    4. Re:Use It or Lose It by Anonymous Coward · · Score: 1, Interesting
      IANAL, but AFAIK about patents, copyrights, and tradmarks, you have to actively defend your rights or you lose them.

      As others have said, you do not need to defend a patent or copyright to prevent losing them.

      That's why when these companies discover a patent in the back of some filing cabinet they bought at a bankruptcy auction, they immediately sue 500 infringers. It's not just for the money, but to establish that they are actively defending it.

      See above, and additionally, patents are public documents. The very premise of the system is that they are public documents. The notion that you would find a valuable one hidden in some filing cabinet is counter to the very notion of the US patent system, because a copy of that forgotten patent is readily available from the patent office. The patent office even has a text search for patents back to something like 1976, expanding backwards, and even greater search capabilities if you're willing to pay to support the continuously developing system.

      What ticks me off is that someone who owns a patent, copyright, or tradmark can let it be trod upon, made part of universal standards, and essentially give up all rights to it.

      See above. I'm not trying to flame, but what ticks me off is the sheer number of people at Slashdot who are vehemently against a system about which they aren't informed.

      But that would require common sense on the part of our politicians.

      With all due respect, I don't think it's much to ask that we have at least a basic understanding of the system we're critiquing before we start accusing other people of lacking common sense. How much respect do you have for some nitwit who babbles about how bad linux sucks but doesn't have a clue what he's talking about? Well...

      I've blown 5 mod points on this thread and this stuff still bubbles up. I'm not trying to flame, but this entire post is built on a misconception of how the system works. It's not interesting, it's inaccurate.

    5. Re:Use It or Lose It by eraserewind · · Score: 1
      If you create a truly useful invention (be it artistic or technological), you should have the right to control it for a specified period of time and benefit from it.
      You mispelled "prevent others from benefitting from it".
    6. Re:Use It or Lose It by tepples · · Score: 1

      Copyrights and Patents can be exercised at the holders whim.

      Ever heard of laches? Google it.

  33. Sorry about the grammar by goombah99 · · Score: 0, Redundant

    I was in a hurry to get those corrections posted so I typed fast.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  34. Huh? by Anonymous Coward · · Score: 0

    What's wrong with the way IE handles PNG now?

    1. Re:Huh? by Anonymous Coward · · Score: 0

      hahaha, try loading a transparent/translucent PNG in IE.

      Supposedly that's one of the things fixed in IE 7.

  35. Not SCO? by Anonymous Coward · · Score: 0

    Hmmm... this might have more basis than SCO. With people like Apple and Sony and camera manufacturere paying up it gains a lot of credibility. On the other hand this is pretty alarming. As potentially bad as the EOLAS patent for the web. What could replace JPEG. Certainly not PNG, GIF or TiFF. is there another easily high comresssion open standard for photos

    1. Re:Not SCO? by spinkham · · Score: 4, Insightful

      As far as I know, there aren't any patent free replacements for JPEG currently available. If this situation turns into something similar to the GIF situation, there will be one.
      Remember, there was no PNG either until the GIF patents came to light, or OGG Vorbis until the MP3 patent problems started.
      Compression is a patent minefield however, as the MP3, GIF, and now JPG situations show. You do your best to not use patented alogrithms, but a few years down the road someone finds some obscure patent they say applies. Vorbis and PNG might still run into this trouble, as might any other piece of software in the current climate.
      In case you haven't noticed, software patents in their current form SUCK. Hard.

      --
      Blessed are the pessimists, for they have made backups.
  36. Start the Revolution-Shake your fist at them. by Anonymous Coward · · Score: 0

    In other words, more "sounds good, feels good" slashdot advice. The lawyers are just the middle-men in this whole battle. The companies, and individuals are the ones paying their salary. Killing all the lawyers would no more solve the problem than "stop all the drugs" will solve the drug problem. Trace the circle around, and you find that WE are the reason WE are in this mess. For everyone who gave up and said "I'm too weak". For everyone who remained silent. For everyone who didn't vote. For everyone between now and then. No mercy here, for now's the time to lay in the bed of your own making. Kill all the lawyers you want. Invade all the countries you want. The easy solution will never give you the peace you desire, and it will give you and your legacy nightmares for decades to come. Just look at the Middle East, for were the wrong solution and "eye for an eye" (easy solution) didn't work.

  37. You still don't want others to cut you. by Anonymous Coward · · Score: 0

    bla, bla

  38. Sony and Apple? by Anonymous Coward · · Score: 0

    Sony and Apple are little guys?

  39. Long horn? by Anonymous Coward · · Score: 0

    Okay so you say a patent-free standard will emerge. But what if Microsoft were enjoined from using JPEG as a result of the suit. So would they delay Longhorn till a new web standard emerged. Not likely I agree. But also hard to figure out the alternative if mcirsoft loses this suit. If the suit drags on Forgent would be likely to get an injunction. Shutting any one company out of Jpeg (say cannon or sony) would matter to the internet. But microsoft is the one company where this could cause havoc on the web.

    1. Re:Long horn? by petermgreen · · Score: 1

      ms DOES have the option of just paying up if they lose

      they also have other possible tricks availible.

      i heared somewhere else in this story that the patent was expiring fairly soon anyway. Maybe this is a case of trying a last ditch attempt to get as much as possible out of the patent before it finally expires.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  40. Perhaps not patent abuse, but they're pretty late by Animaether · · Score: 4, Interesting

    Some may claim it's not abuse... I suppose it's ot

    Some claim it was a submarine patent... well no, it wasn't. (Look up the definition of a submarine patent first)

    However...
    - Their patent was issued in October 1987
    - Their patent went unenforced until July 2002

    That's a 15 year gap.
    I know that unlike trademarks, patents need not be enforced. But that's a change I would gladly see made.

    So somebody asked what we can do to avoid these things. Unfortunately, as long as patents exist, I don't think we can avoid them.
    What we -can- do is decide better how to deal with them.
    I'm not one for completely ignoring patents altogether - they have their good uses, even in software.
    But in cases such as these, I think that if a patent hasn't been enforced over a certain technology for over N years (I suggest 3), then I think the patent holder should be barred from making any claims to patent infringement.
    I'm sure there's plenty of loopholes and problems with this, but the basic principle would be
    - you still get to patent stuff
    - people still need to respect that patent. So if you make a product and your patent search results in a hit, you still have to license the patent (if applicable)
    - you still get to hold those who, somehow, missed your patent accountable for it within an N-year timeframe
    - those who somehow missed your patent, and you somehow miss their technology or the realization that it infringes on your patent, for > N years won't suddenly be met with a patent lawsuit
    -- which means that any invention that got wildly popular can't suddenly be milked for all its worth because a bunch of suits managed to twist patent interpretations enough to make it applicable to that invention
    -- small companies won't be sued out of existance just for missing a patent > N years ago

    -----

    As for another user's question... what are open (lossy compression) alternatives ? There's plenty of 'open' alternatives. Problem is that there's a patent of some form behind every single one that I'm aware of. The JPEG thing, JPEG2000, Wavelets, Gradient Tesselation, Fractal..

    I'm not sure if BTPC actually has any patents associated with it. However, the author claims not.
    ( http://www.intuac.com/userport/john/btpc5/index.ht ml )

    -----

    Finally.. I wonder what all this Forgent stuff will do, if anything, to the StuffIt guys; http://hardware.slashdot.org/article.pl?sid=05/01/ 12/0725217&tid=198
    As they use, at least partially, a different compression (to get even smaller files).
    If all this Forgent stuff doesn't apply to them, and Forgent gets to keep the patent business going, the Stuffit format may prove to be attractive to some companies as it would require minimal change in code/etc. (at least when compared to a completely different format)

  41. patent enforcement and serendipity by goombah99 · · Score: 5, Insightful

    As someone who has patents on laser radar methods that are about to expire. I can say I have no idea if people are using my techinuqes in their product or not. How in the hell would I be able to find out. I could not even afford to buy one of the many lidar instruments on the market and check. Even if I could, it would be hard to tell if it was or was not in use. It would be like trying to see if a certain patented math algorithm were encoded inside a computer chip in hardware. So I wait hoping that maybe at the last second I see a paper or something that mentions that someone is using the methods. But discovering your patent is being abused is serendiptous. Thus if you believe in patents then you need to put most of the burden on the people who use methods without checking for patents on them. This is of course an almost equally difficult task. The better solution might be higher thresholds for patent claims.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:patent enforcement and serendipity by Animaether · · Score: 1

      I had a long explanation here, but in short: well-said :)

      All I'm saying is.. if you do find out, or reasonably should have been able to find out, that product X 'violates' your patent - and you don't do anything about it for N years (again, I suggest 3. That should be enough ?), then you waive the right to enforce the patent with regards to product X.
      If product Y comes along which also 'violates' it, you're still free to tell them to license or get the **** out of your market, as long as you do it within those N years of finding out / when you reasonably should have been able to find out.

      As to what defines what 'reasonable' may be, that'd be up to a judge if it would come to that. Should be easier than detangling the mess MS/Forgent are presenting, though. /nokarma

    2. Re:patent enforcement and serendipity by ink · · Score: 2, Insightful
      As someone who has patents on laser radar methods that are about to expire. I can say I have no idea if people are using my techinuqes in their product or not.

      Why do you have the patent? Is it to produce such devices? Is it to extort money from others that come up with the same idea independently, simply because you patented it first? Are you working on a device to realize your ideas? The patent system is supposedly designed to protect inventors during an incubation period. This supposedly fosters innovation, new products, new investment and the real end-goal, new taxes. If you file a patent, and then worry about others potentially using it without your permission 19 years later... well, I simply disagree that this is the 'limited monopoly' that the founders envisioned.

      It sounds more like a lottery ticket, which this suit reeks of.

      --
      The wheel is turning, but the hamster is dead.
    3. Re:patent enforcement and serendipity by back_pages · · Score: 1
      I'm not the OP, but let me try.

      Why do you have the patent?

      Because he invented something, and the one right granted by the original Constitution was his right to seek patent protection for disclosing it.

      Is it to extort money from others that come up with the same idea independently, simply because you patented it first?

      It sounds like you would deny this man his Consitutional right to a patent. There is a word for trampling the rights of an individual for the sake of the masses, of course.

      If you file a patent, and then worry about others potentially using it without your permission 19 years later... well, I simply disagree that this is the 'limited monopoly' that the founders envisioned.

      And if that's what you say, then I simply disagree that you understand how and why the patent system was designed. Of course, I'm only speaking as a person who has read the majority of the manual of patent examining procedure, has read thousands of patents, has performed hundreds of legally justified prior art searches, and is paid to write patentability opinions. You have a much lower UID than I; you're clearly the expert among us.

      It sounds more like a lottery ticket, which this suit reeks of.

      I agree. Sometimes it sucks, but that's how the system has always been designed. Suppose you invent something that's 15 years ahead of its time. Nobody even wants to use it for 15 years. As you have explained, a patriot like yourself would deny that inventor his Constitutional rights to a patent as punishment for inventing something 15 years ahead of its time. Ya know, some governments have shot people for wearing glasses - it was a sign that they were educated and a potential threat to the ruling class. They also trampled the rights of a few for the sake of the masses.

      Suppose you patent something, meaning it has been published and publicly disclosed. Maybe you're licensing it to CorpA for 15 years, or maybe you're not licensing it to anybody because you don't want to or you didn't know anybody was using it. Again, a fine patriot such as yourself would deny the inventor his Constitutional right to benefit from his intellectual endeavor and contribution to US technology. Bravo! Definitely forward thinking on your part.

      Thanks for the insight. Wow, I'm really convinced that you're the reasonable person and my way of thinking was WAY out of line. Oops - I wouldn't want to admit to any thoughtcrime, would I? I'll just keep my head down and pray to Leader that I don't accidentially invent anything that's 15 years ahead of its time.

      And remember kids, books are bad. If you read a book like the MPEP then you would unlearn all the dogma spouted by people who are not experts in patent law, and then you'd switch to the evil side, the side with facts and understanding.

      Seriously, I linked to the MPEP for a reason.

    4. Re:patent enforcement and serendipity by Anonymous Coward · · Score: 0

      Ok, I hate to respond to a troll. But just in case someone actually believes that patents as you describe are in the constitution, I suggest you reread your copy.

      The relevant clause is in Article 1 Section 8 Clause 8

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

      If your definition of a patent does not "promote the Progress of Science and useful Arts" it is in fact unconstitutional.

    5. Re:patent enforcement and serendipity by pete6677 · · Score: 1

      Well of course they waited so long so they can maximize the damages they are asking for. I agree, if there is evidence that a patent is being infringed on and the owner is either aware or should be aware, they should be required to act within a reasonable amount of time or lose the right to claim damages. I can't think of how this infringes any patent holders' legitimate rights other than denying them the ability to wait until something is in widespread use and then use the patent as a lottery ticket.

    6. Re:patent enforcement and serendipity by swillden · · Score: 1

      Of course, if you were a large corporation, it would be much easier for you to discover that your patent is being infringed *and* much easier for you to go to court.

      Ain't it great how the patent system protects the little guy?

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:patent enforcement and serendipity by Anonymous Coward · · Score: 0

      It dosen't promote someone else with such an idea from finding another, better way to do it...

      A patent is something the owner decides what to do with. I guess if Thomas Edison wanted to do something with his lightbulbs or other inventions that you didn't agree with--he was acting in an unconstitutional way?

      Bullshit. Be smarter. If Edison was an asshole with his lightbulbs, YOU should invent the flourescent bulb, or the LED, or whatever... That's how the system works, AND that's HOW IT SHOULD WORK!

      If the lidar guy dosen't want his patents used, figure another godamned way to do it, make a few hundred million and stop bitching for fuck's sake!

    8. Re:patent enforcement and serendipity by MaGogue · · Score: 1


      'It sounds like you would deny this man his Consitutional right to a patent.'

      It is a sad thing that any written rule should take precedence over actual needs of the society.
      Things change, and the right to change, I believe, is the basic right of any human being, and of any really free society.

      MaGogue

    9. Re:patent enforcement and serendipity by Anonymous Coward · · Score: 0

      You idiots, RTFA. This lawsuit is IN RESPONSE to a lawsuit Macroshite filed against this company. Had M$'s lawsuit been filed 15 years ago, i'm sure Forgent would have followed suit (no pun intended)

    10. Re:patent enforcement and serendipity by runderwo · · Score: 1
      Bullshit. Be smarter.
      Sure.
      If Edison was an asshole with his lightbulbs, YOU should invent the flourescent bulb, or the LED, or whatever...
      Unfortunately, that's an impossibility if Edison (or MegaloLightingCorp) is granted a patent on "Device utilizing electrical current to actuate photon emissions".
      That's how the system works, AND that's HOW IT SHOULD WORK!
      Something tells me you have never developed anything of practical value. If you had, you would realize that there are some very powerful moneyed interests that would also find your invention of value to them. Instead of licensing, they sue you, because they know you can't afford to defend yourself. The options are to sell/license your patent to a corporation who then raises the defense on your behalf, or to sell/license your patent to the suing corporation in exchange for not ruining you. Of course, since your hand is forced, if you choose licensing, you will not reap the benefits you feel you are entitled to if you were able to bring the product to market through your own money and investment network. That's not the way the system should work, in my opinion.
    11. Re:patent enforcement and serendipity by runderwo · · Score: 1
      Things change, and the right to change, I believe, is the basic right of any human being, and of any really free society.
      If that's the case, then lobby for a Constitutional amendment. There is a process for that, after all. Why would defying the supreme law of the land be a better option than encoding those changing needs into law through the process already laid out for such?
    12. Re:patent enforcement and serendipity by Maggott · · Score: 1

      Therein lies the biggest problem, though--if they don't know you have a patent on the idea, they probably didn't get it from you, meaning it was THEIR idea.

      They always paint these images of inventors having their hard work stolen by unscrupulous industrialists, but I would paint a different picture:

      A person pours a good chunk of his life and money establishing something new; some new way to accomplish a process. He came up with all the algorithms himself, built the prototypes, and made a business out of his own blood and cash that he got from working his day job. When he finally begins to reap the fruits of his success, somebody sues him, claiming that the process he came up with was patented two years earlier.

      A doomsday scenario that, if the headlines here (or my personal experience) are any indication, actually happens a lot.

      Where's the fear of that? Why is it people are only afraid of things that MIGHT harm innovators and hard workers, but we don't care about things that actually do it on a daily basis?

    13. Re:patent enforcement and serendipity by Anonymous Coward · · Score: 0
      Therein lies the biggest problem, though--if they don't know you have a patent on the idea, they probably didn't get it from you, meaning it was THEIR idea.

      No that is a false assumption. People read the literature. Nearly every patented scientific innovation was at some time published. Or the principles underlying it now part of common knowledge. Thus unintentional re-discovery of major inventions is infact quite easy since the tricky conceptual hurdles have been removed.

      The second problem is by the standard you propose, if I were to simply re-invent the light bulb without knowing it was patented I shouldbe able to sell lightbulbs unencumbered. That makes patents limited protection.

      Finally, what's to prevent the ill willed from knowing about a patent, violating it, and pretending not to have known about it. The law regards tangible actions in very few instances (libel and hate-to name two) does state of mind matter.

      Of course the conundrum you raise is an interesting one. There is no ideal solution. Patent law is just the one we have agreed upon. The problem as I see it is that on the one hand the difficulty for the little guy to protect his ideas means that the burden has to be on the people who infringe. One needs to be able to extract harsh penaties from a few to ward of cheating. Same argument as to why product liability lawsuits have settlements that are disproportionaltely larger than the actual injury. On the otherhand, this urden of proof makes this into a large war club for powerful litiginous groups to squelch competition by the mere threat of litigation. Not good.

    14. Re:patent enforcement and serendipity by Maggott · · Score: 1

      The reasons you state are why I figure patents are an untenable system in the first place. They don't protect the little guy, as intended, nor do they increase the profitability of invention, as intended. For every benefit they give one person, they provide an equal or greater detriment to ten others. (i.e. for every person who patents JPEG, there's nine people who can't patent their own algorithm, even if they came up with it on their own.)

      I don't think there's any such thing as a "Conceptual Hurdle." Everybody has a jillion ideas for the perfect MMORPG design or a way to convert thought into energy or a way to solve all world hunger forever. The problem is they don't mean crap, because actually implementing an idea is 99.9% non-idea-related details and work. The idea itself is completely worthless, and chances are pretty much every creative person in the world has had it. The footwork of coming down with concrete applications of the "Idea" is the only thing that matters, yet it's what we care about the least.

      We're willing to bend over for the guy who spent ten seconds thinking "Hey, you know what would be neat? A cart with an engine on it instead of horses!" but we don't give two shits anymore about the guy who spent four straight years building a factory, hiring the workers, making an actual design and building them. In our eyes he's just a filthy thief because he didn't have legal dibs on the "Idea."

      Even more destructive is the fact that if the guy who invented the wheel was being "justly compensated" for his invention, there wouldn't be fricking carts in the first place--people would have sleds because sled tracks don't require a licensing fee.

      Of course, I think the whole concept of owning information is pathological greed at best and delusional psychosis at worst.

  42. "Defensive Patent" my a$$ by jettoblack · · Score: 3, Interesting

    IIRC, the original owner of this patent really did create the JPEG format (or at least came up with the basics involved) but they filed this patent defensively, just so someone couldn't come along later and do this. But when Forgent bought the patent, they decided not to keep its defensive stance.

    IMHO, public remarks about a patent being defensive-only should be enforced strictly, that is, put a comment in the patent record that definitively marks this patent as defensive-only and not eligible for actively suing anyone, and which cannot be removed for the entire life of the patent or any extensions based on it.

    1. Re:"Defensive Patent" my a$$ by Anonymous Coward · · Score: 0

      Wouldn`t implementing and publishing something do the same thing? Doing so would create prior art, Remember, the thing patent offices are supposed to look for.

      The term "defenssive patents" is used as I understand it for patents ment to protect the people behind the technology (RedHat), not the technology. For this to work the owner of the patent has to be able to sue otherwise there is little deterance.

  43. Micrsoft will be forced to rename their product... by CherniyVolk · · Score: 1


    from Longhorn to Longtime

  44. In 3 years by Tharkban · · Score: 1

    So after getting stuck in litigation for 3 more years they'll still be able to extort money from everyone!

    --
    Tharkban (It is a signature after all)
  45. Fraudulent Networks by Anonymous Coward · · Score: 0

    Ah yes, yet another patent-based racketeering scam.

    The USPTO should be prosecuted under RICO.

  46. Only part of the solution by Luke-Jr · · Score: 1

    Abolishing copyright laws only solve part of the problem. The other part is laws protecting our rights to modify and redistribute information.

    --
    Luke-Jr
  47. Oh great, not again! by noidentity · · Score: 1

    I just finished converting all my GIFs to JPEGs, since they told me GIFs were evil. Now they tell me GIFs aren't evil and JPEGs are! My web pages are going to look awful with all that lossy conversion.

  48. Mea culpa... by BrokenHalo · · Score: 1

    I've obviously been living in a barrel for the last umpteen years. I simply hadn't been aware that jpeg was a proprietary format until I saw this article. Bummer. I sure hope that doesn't mean my digital camera will suddenly stop working with the Gimp. ;-)

  49. PNG by Marcion · · Score: 1

    This may explain Microsoft's decision to further support PNG format in the Internet Explorer 7 Beta.

    1. Re:PNG by Anonymous Coward · · Score: 0

      The fact that webmasters have been screaming their heads off for years about it would seem to be the major factor to me.

      PNG doesn't compress photos very well, and the new support for PNG in IE7 is transparency, which isn't currently widely available for JPEG either.

    2. Re:PNG by Vo0k · · Score: 1

      AFAIR, JPEG doesn't support transparency at all.
      On the other hand, PNG instead of plain 1-bit "transparency" known from GIF supports "alpha channel" which is "level of opacity", allowing for nicely antialiased borders of bullets on arbitrary backgrounds, effects of fading background/text etc.
      For a neat example of PNG alpha channel in action, choose Help>About>Credits in Firefox - the fading of the text has been done with a simple PNG image with alpha channel gradient overlaying the scrolling text.

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
  50. from TFA by bechthros · · Score: 3, Insightful

    ""(Forgent) is subverting the JPEG standard to extract millions of dollars in unwarranted profits," Microsoft's lawsuit states."

    Sounds like Microsoft is against the use of IP laws as bludgeoning instruments to make up for lack of competitiveness in the marketplace.

    Shoe, meet the other foot. It will be very interesting to see how this develops. Can you picture MS as a crusader against IP abuse?

    Me neither.

    1. Re:from TFA by metricmusic · · Score: 2, Interesting

      Its the same microsoft that was calling for opening up the im protocol for interoperability but now that msn has dominant/close to market share they've gone all quiet about it.

      They are no crusader, they only care about themselves.

      --
      http://www.livejournal.com/users/metricmusic
  51. It's not funny in reality though. by Anonymous Coward · · Score: 5, Insightful

    I understand the Score:Funny moderation of the parent because the image of two teams of lawyers heatedly debating something about which they are all entirely clueless definitely *IS* funny.

    However, in reality, this is what is happening today in hundreds or thousands of subject areas, and the end result is nothing short of terrifying: a whole nation's progress is at the mercy of clueless talkers, instead of the do'ers of society.

    It doesn't take a genius to realize that this can't be good for the country's future.

    1. Re:It's not funny in reality though. by dq5+studios · · Score: 1

      That's why I propose building a 'B' ark...

  52. holy cripes, would somebody please friggin... by Anonymous Coward · · Score: 0

    ...mod parent UP!

  53. THERE IS NO SUCH THING AS A DEFENSIVE PATENT! by Anonymous Coward · · Score: 0

    Repeat: THERE IS NO SUCH THING AS A DEFENSIVE PATENT!

    Lameness filter encountered. Post aborted!
    Reason: Don't use so many caps. It's like YELLING.

  54. Hmm . . . by homeobocks · · Score: 1

    I guess two wrongs do make a right.

    --
    MOUNT TAPE U1439 ON B3, NO RING
  55. JPEG 2000? Where is it? by Construct+X · · Score: 1

    Question: Why aren't we seeing widespread use of the superior JPEG 2000 codec in software and digital cameras?

    1. Re:JPEG 2000? Where is it? by Wesley+Felter · · Score: 2, Interesting

      People will generally only move to an incompatible platform/protocol/file format if it is about 2X better than the old one. I've read that JPEG 2000 is only about 30% more efficient than JPEG.

  56. Re:Micrsoft will be forced to rename their product by planetoid · · Score: 0

    But will they be marketing it as the "Mi Ruv Yoo" edition in Asian markets?

    --
    Slashdot requires you to wait longer between hitting 'reply' and submitting a comment.
  57. Re:Hello there! by Anonymous Coward · · Score: 0

    Well, you DID get an underrated there. I think we have discovered the "Yin-yang" prinicple of Slashdot. This calls for celebration!

  58. Re:Perhaps not patent abuse, but they're pretty la by Anonymous Coward · · Score: 0

    I thought patents only lasted for 17 years.
    Hasn't it been 18, and 17 for the mp3 patent?

  59. MNG IS DEAD. by Anonymous Coward · · Score: 0

    MNG is dead. Forget it. IT'S GONE.

    Hell, what little support Mozilla had was dropped a long time ago.

    As far as jpeg vs PNG it's like saying that OGG or MP3's are pointless now that we have Flac or that monkey codec thingi.

    PNG is Lossless. Jpeg is lossy.

    Lossy equals HUGE space and bandwidth savings. You can have nice jpegs that looks to the end user just as nice as PNG images, but are a fraction of the size.

    You use PNG for several purposes...
    1. Archive images,
    2. Use them in workflow, they are nicer then Tiff's because their are hundreds of 'Tiff' variations (some tiffs are lossy, some are lossless, some are compressed, some are not, adobe has their own tiff format etc etc etc etc). That makes life difficult for programmers.
    But either way you can't use Jpegs, you use Tiff or PNG.
    3. Small web images, buttons, widgets and images that require transparency to integrate them nicely.

    PNG is not a replacement for Jpeg. It was never ment to be a replacement, it's not designed to be a replacement, and it's never going to be a replacement.. at least as long as you pay for your bandwidth and disk space in your websites or have limited disk space on small devices.

    PNG is a replacement for Giff, which it is VERY good at. It can do everything that Giffs can do, and do it better, and giffs can't come close to PNG images. It's also a lossless and compressed format, which most versions of tiffs are not.

    1. Re:MNG IS DEAD. by Anonymous Coward · · Score: 0

      APNG =)

      Well, that said I don't know the details on what's better and how and so on and so forth.

  60. More like copyprivilege and patent privilege by tepples · · Score: 2, Insightful

    It sounds like you would deny this man his Consitutional right to a patent.

    Inventors do not have a constitutional right to get patents. Congress has only a constitutional power to grant patents to inventors. The way the copyright and patent clause is written implies that copyright and patent monopolies are a privilege, not a right on par with freedom of speech.

  61. No, DCTs dont suck. by Anonymous Coward · · Score: 0

    I used to have a lecturer, Dr Daughman (he patented an iris recognition algorithm) who was crazy about
    wavelets. So I tried implementing a wavelet based compression technique. It was based on a quadratic wavelet with limited extent .. that worked out to be easy to encode. But I found out that it worked very poorly, at least for the images I tried it on... the reason is that wavelet based algorithms do not do well on images with expanses of constant color (i.e. normal images). Any feature in the image requires wavelets which require, in turn, lots of other wavelets to cancel out the first wavelets' effect.
    Basically, at higher compression ratios you see compression artifacts (ripples) all over the image and at all scales. At least with DCTs on small regions you only see the artifacts in the little squares
    where the features reside ... and blank squares can be compressed very easily.

    Dan Povey

  62. Free software in a world without copyright by tepples · · Score: 1

    You DO realize that the GPL and other Free licenses DEPEND on copyright in order to have any standing, right?

    If you're referring to copyleft, which uses copyright to require a work to be distributed in a form suitable for modification, then consider that without copyright, everybody would have the right to make and distribute commented decompilations of computer programs that were distributed in executable form.

    1. Re:Free software in a world without copyright by Anonymous Coward · · Score: 0

      You've never spent the time to decompile any significant program as it goes through multiple releases, right?

    2. Re:Free software in a world without copyright by black+mariah · · Score: 1

      Which means that 0-day warez d00dz gain widespread credibility, software companies can't make a fucking dime on anything they release (why buy when you can download legally?), and the entire world collapses under the weight of... something (ran out of strawman steam).

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
  63. Go Microsoft Go!!!! by Ragingguppy · · Score: 1

    I can't say that I like Microsoft or their products. Ok... I have no repsect for the quality of their products what so ever. Well software generally. Hardware, I'm alot more forgiving.

    In this situation Microsoft has my complete support. I hope they drive that other company that no one ever heard of before this out of business.

  64. Patents often increace the utility of a device by goombah99 · · Score: 2, Insightful
    If you invent a process and patent it, it can actually make it more likely that the invention will be developed to market by a third party. What happens is that the inventor lacks the wherewithall to commericalize and invention. If they publish it freely then it may not get developed because it woul dnot give anyone a competative advantage to invest in developing it, since another company could copy the marketed product. On the otherhand if a company can buy an exclusive right to a patent it could well be worth the effort of commercializing.

    thus most patents are not aimed at enriching the inventor gratuitously but creating a value that protects further investment in the patent. This is the classic public good argument that privatization of public property is often in the public good.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  65. Microsoft Charge More by DeaderThanYou · · Score: 1

    Oh well, if microsoft has to license JPEG, all they will need to do is raise the price of each copy of windows. Oh No.

  66. Yes and No by Anonymous Coward · · Score: 0

    It is taken out of context, and most people aren't getting the right joke. But it is a joke.

    Yes it is true that the speaker is Dick the Butcher, an evil villian, and his intentions by that statement are not good intentions. But Dick the Butcher has alot of dialoge in the play that comes out funny. Here is the particular quote.

    JACK CADE: I thank you, good people:- there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord.

    DICK: The first thing we do, let's kill all the lawyers.

    JACK CADE: Nay, that I mean to do. Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment? that parchment, being scribbled o'er, should undo a man? Some say the bee stings: but I say, 'tis the bee's wax; for I did but seal once to a thing, and I was never mine own man since.- How now! who's there?


    This dialogue is obviously meant to be funny. Also, Shakespeare abuses lawyers (more obviously) in several other plays too. I leave it to you to find them.

    Funny enough if you google this up on the Internet you can find many, many lawyers with long drawn out arguments as to why Shakespeare is showing lawyers as the bastion of freedom and justice that prevents anarchy. (That is what Dick would think, but not the audience!) This is ofcourse all bullocks, and anyone can easily figure it out by reading the damn thing. If you don't find Dick the Butcher funny, then I guess you don't get that kind of humor.

  67. Re:"Defensive Patent" ==== License of right by Anonymous Coward · · Score: 0

    Defensive patents can exist in a way. In the UK you can place an entry on the Patents Register that licenses are available as of right. These "licenses of right" allow any interested party to get a license on reaosnable terms as a bonus the owner of the patent gets a 50% cut in renewal fees. See Section 46 of the UK patents Act 1977.

  68. Not SCO?-Sucking HARD! by Anonymous Coward · · Score: 0

    "In case you haven't noticed, software patents in their current form SUCK. Hard."

    You'd think that geeks like things that SUCK HARD. How do you think Hoover stays in business?

  69. Yes, they do. by jcr · · Score: 1

    Your experiment notwithstanding, I'm pretty impressed by JPEG 2000. Any compression scheme is going to fall apart in some way when the data become too sparse,

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  70. Yes, they do. by jcr · · Score: 1

    Do'h! Accidentally hit the submit button too soon.

    Your experiments notwithstanding, I've been very impressed by the performance of JPEG2000 on quite a wide variety of images. Have you tried running the test images on which your code performed poorly through the JP2 reference encoder?

    Any compression scheme is going to fall apart when pushed to extremes, but I contend that JP2 performs far better than the DCT approach at identical bit/pixel rates. Add to that, the fact that JP2 files are effectively uncoupled from the resolution of the original image (you can decode to whatever dimensions you want), and I'd have to say that the benefits are compelling.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  71. Another brilliant plan by MS by Anonymous Coward · · Score: 0

    1. Enter negotiations with Forgent for jpg licensing.

    2. MS figures out that Forgent's pattent might be shit. but if it isn't it wants to buy it not license it.

    3. MS sues Forgent making sure they lose and the patent is enforced.

    4. MS buys Forget and owns JPEG.

    Brilliant!

  72. Live by the sword... by littlem · · Score: 1
    Forgent Networks has filed a lawsuit against Microsoft, alleging the software giant infringed on its digital-image compression patent...

    ...die by the sword.

  73. Please stop. by Anonymous Coward · · Score: 0

    In the words of the famous Comedy Central comedian to CNN Crossfire:

    "Stop. Please stop. You are hurting America."

    That means the two idiots out there suing each other over patents and aiming to hurt everyone, stop. Yeah, I mean you Forgent and Microsoft.

    BTW, in case either of you been living in the stone age, JPEG is considered a _standard_. Unisys is on my blacklist of businesses to not do business with for the next 10 years for their super-putzing retardedness with LZW (used in GIF). Remember "Burn-all-GIFs" day when Unisys decided to enforce its patent after GIF had already become the web standard? "Those who fail to learn from history are doomed to repeat it." Welcome to the past Forgent and your new future.

    Oh, BTW, Forgent, if you win your lawsuit, I'll personally call you up and introduce you to my 10 year post-patent blacklist of companies to not do business with for super-putzing. You, Sony, and Unisys will be on it. Both Sony and Unisys have lost big customers due to my influence. Good luck with that lawsuit!

  74. On what reasoning should an algorithm be patended? by master_p · · Score: 1

    An algorithm exists in nature from the birth of the universe. Humans never 'invent' an algorithm, they merely 'discover' it. So an algorithm is actually a physical resource, much like water. Since natural resources can not be patented, why should algorithms be patented? this whole 'algorithm-patenting' thing holds software development back.

  75. Re:Perhaps not patent abuse, but they're pretty la by lordholm · · Score: 1
    As for another user's question... what are open (lossy compression) alternatives ? There's plenty of 'open' alternatives. Problem is that there's a patent of some form behind every single one that I'm aware of. The JPEG thing, JPEG2000, Wavelets, Gradient Tesselation, Fractal..

    This isn't standard, but i can give you this algorithm gratis, you have to put a file format on it to use it, and implement it in real code. JPEG is a bit more complex, and will give better image quality, but this is simple and definitely patent free since Fourier is dead since a hundred years or more.

    comress_image(image, factor) begin
    red_freq_comps = fft_2d(image.red)
    green_freq_comps = fft_2d(image.green)
    blue_freq_comps = fft_2d(image.blue)
    red_comp_comps = throw_away_high_comps(red_freq_comps, factor)
    green_comp_comps = throw_away_high_comps(green_freq_comps, factor)
    blue_comp_comps = throw_away_high_comps(blue_freq_comps, factor)

    return red_comp_comps, green_comp_comps, blue_comp_comps
    end

    --
    "Civis Europaeus sum!"
  76. What happens if a patent is denied? by kabbor · · Score: 1

    Here's a question: What happens if a patent like this is discovered to be bogus?
    Surely all those companies who have shelled out $bignum to licence it would have the right to sue, for hasn't that money been extorted under false pretenses?
    While this issue is not all that clear cut, how about the many cases where the patent holder is obvioulsy aware that their patent is bad?

    1. Re:What happens if a patent is denied? by EzInKy · · Score: 1

      Here's a question: What happens if a patent like this is discovered to be bogus?
      Surely all those companies who have shelled out $bignum to licence it would have the right to sue, for hasn't that money been extorted under false pretenses?
      While this issue is not all that clear cut, how about the many cases where the patent holder is obvioulsy aware that their patent is bad?

      Clearly the liable party should be the one who told the holder that the patent was good by issuing it in the first place, don't you think?

      --
      Time is what keeps everything from happening all at once.
  77. Why not settle? by Bad+to+the+Ben · · Score: 0

    I think the real reason why MS won't settle and ask for a licence is because the patent expires shortly anyway (2007 if it's a 20 year patent). They probably don't see the need to fork out millions when in 2 years time they can do what they like with the technology.

    By suing, they keep their licence money and their "Don't sue us or we'll take you down" image.

  78. Nope. JPEG 2000 also under patent threat by Anonymous Coward · · Score: 1

    Except that JPEG 2000 is already under patent threat from a bunch called LizardTech... http://www.ermapper.com/company/news_view.aspx?PRE SS_RELEASE_ID=356

  79. I wish I was an US IP lawyer by walterbyrd · · Score: 1

    I bet those guys will have more business than they can handle for the for the forseeable future. BSF has made $31MM on the scox, and BSF hasn't done a damn thing. Easiest money in the world.

  80. 3 more words by Anonymous Coward · · Score: 0

    Cross Licensing Agreement

    After all Patents don't really destroy, they just cost money. At a certain point it's cheaper to just agree to share and move on. Assuming companies are run by rational people.