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JPEG Patent Challenged

ChocLinux writes "The Public Patent Foundation has filed a request at the US Patent Office to revoke Compression Labs' data compression patent, which it is reportedly using to harrass anyone that implements the JPEG format. 'CLI's aggressive assertion of the '672 patent is causing substantial public harm by threatening this international standard on which the public relies,' says Pubpat in its filing."

28 of 278 comments (clear)

  1. Yeesh! Didn't they learn from Unisys by fz00 · · Score: 5, Insightful

    Who wasted time chasing this while nearly putting themselves out of business. How about focusing on some real products???

  2. DONATE!! by backslashdot · · Score: 5, Insightful

    Get this patent overturned. It's extremely important to get these ridiculous technology stifling unoriginal patents overturned.

    Where the hell is EFF on this? Pubpatents is getting my money this year and I recommend you guys donate there as well if you are into donating to tech freedom.

    1. Re:DONATE!! by thebdj · · Score: 1, Insightful

      20 yr old patent, that is due to expire next year. Yes donate your money for them to run off to kill an almost dead patent. This is probably why the EFF just doesn't care in this case, and the fact the EFF realizes the company is simply enforcing their rights to the patent under law.

      --
      "Some days you just can't get rid of a bomb."
    2. Re:DONATE!! by ChaosDiscord · · Score: 5, Insightful
      ...and the fact the EFF realizes the company is simply enforcing their rights to the patent under law.

      Why would the EFF care that they're "simply enforcing their rights"? A major part of the EFF's work is to fight things that may be technically legal, but are morally bankrupt. In some cases they can be fought in the courts by challenging the legality or interpretation of the law. In this particular case a major public standard is built on this patent. It was believed that there were no costs involved with implementing it; the patent was not known about. A decade went by without anyone complaining that it was infringing. Suddenly the owner can pop up and announce that he can shut down a standard used across the world by just about anyone with a computer? Forgent is hardly "simply" enforcing their rights. They are knowingly attempting to blackmail major industries with a submarine patent. They're scum, they're abusing the law, and it would be appropriate for the EFF to be involved. There are many reasons the EFF might not be involved, including the imminent expiration you mentioned. But skipping this case because Forgent is technically within the letter of the law is not a reason.

    3. Re:DONATE!! by trezor · · Score: 2, Insightful

      Agreed. This is nothing more than a sligtly sophisticated form of "I want free JPEGs!!!1".

      You may argue against software patents as much as you like, say they are useless (and in my cases, you will find me agreeing) but even though JPEG and lossy compression may be obvious now it wasn't back then, when the only alternative were TIFF-files (with or without Gzip compression).

      Back then, JPEGs were awesome, amazing and got you p0rn faster over that old analog phoneline. JPEGs, if I may say, represents a "invention" that definitely were worhty of a patent. At least compared to those software patents we read about on this site on a near-daily basis.

      --
      Not Buzzword 2.0 compliant. Please speak english.
    4. Re:DONATE!! by aminorex · · Score: 2, Insightful

      The constitutional justification for the issuance of patents is to promote the useful arts, which is a specific form of promotion of the public interest. If a patent is deleterious to the public interest and does not promote the useful arts, it is without justification, and should be voided.

      --
      -I like my women like I like my tea: green-
  3. Could it be? by AxsDeny · · Score: 4, Insightful

    Is it possible that if JPEG patents were enforced we would actually persue the use a PNG (a significantly better format). As a web developer, if I could rely on people being able to see all the different derivations of PNG, life and design would be much easier.

    --

    zork% mv *.asp /bin/darkroom
    283 files eaten by a grue
    1. Re:Could it be? by Perey · · Score: 2, Insightful

      Problem is, JNG is the PNG container using JPEG compression. The normal 'JPEG' file format (JFIF) isn't the issue, as far as I can tell, the JPEG compression is. JNG is out.

    2. Re:Could it be? by dascandy · · Score: 2, Insightful

      It's good at detecting waves, which is what it was developed for. It thus tries to detect sine waves in a single edge (which is a block wave, which is what the fourier transform was first developed for - but you need an infinite precision one to do that accurately) and detects a bunch of these (1/n! like stuff). Combined and transformed back they do in fact create the same input. For compression they cut off the small details, so it can't transform back and get the same back.

      I can't screw in a screw with a hammer. In the same way then, the hammer would be useless, since it can't even screw in a screw.

      Use stuff where it belongs. Use jpeg for real-life picture compression, not for paint files or screenshots. Use PNG for those that are byte-level regular.

  4. Re:So what? by koweja · · Score: 2, Insightful

    Not always. Sometimes the file size can go from a few hundred KB to two or three megs, which is more than a bit, especially if you're putting the images online where they will be accessed by people on dial-up. Also, for some things like photographs, lossless compression isn't always necessary. So while PNG would make a good fall-back option if JPG wasn't available, it isn't close to a perfect replacement.

  5. Huffman? by darrenf · · Score: 4, Insightful
    FTFP (FTFPatent):
    "A method for processing digital signals, where the digital signals have first values, second values and other values, to reduce the amount of data utilized to represent the digital signals and to form statistically coded signals such that the more frequently occurring values of digital signals are represented by shorter code lengths and the less frequently occurring values of digital signals are represented by longer code lengths,..."


    Gee, where have I seen that before?
    1. Re:Huffman? by ObsessiveMathsFreak · · Score: 2, Insightful

      Um, you do realize that the patent was filed in October 1986 and granted in October 1987, don't you?

      The biggest irony in all this is that wavelet transforms were discovered in the early 1980's and have only been used in the computer software industry during the last ten years. Yet somehow, the patent covers a technique that was not even known to anyone in the computer industry at the time of filing. I somehow doubt that the applicant was a) aware of wavelets and b) understood the wavelet technique mathematically.

      What's more, and I think this is key, this technique covers as yet undiscovered algorithms for compression, whether they exist or not. If I were to discover some new transform that compresses data, even if it was totally unknown beforehand, somehow I'm violating a patent that was filed before any such algorithm, theory or technique was even known about.

      This is what happens when you allow mathematical algorithms to be patented. I blame the RSA patent for all this.

      --
      May the Maths Be with you!
  6. Re:So what? by KiranWolf · · Score: 2, Insightful

    Actually, IE does not render PNGs with transparency properly. The current version in common use (6.0) renders transparency in PNGs as a gray background.

    --
    "Think about how stupid the average person is, then realize that half of 'em are stupider than that!" - George Carlin.
  7. Re:So what? by TripMaster+Monkey · · Score: 5, Insightful


    Um...did you even read the wikipedia article you referenced?

    From your post:
    Unlike JPEGs, PNGs can be lossless
    And from the article:
    PNG (Portable Network Graphics) is a lossless bitmap image format.
    By saying PNGs can be lossless, you imply they can be lossy as well...which is not what they were designed for.

    From your post:
    Sure, they tend to be a bit larger than JPEGs, but I figure the gain in quality is often worth it.
    And from the article:
    Using PNG instead of a high quality JPEG for such images would result in a large increase in filesize (often 5-10 times) with negligible gain in quality.

    And finally, from the article:
    PNG was not intended to replace the other popular web image format JPEG.

    PNG is intended as a replacement for GIF, not JPG.

    Hope this clears things up.

    --
    ____

    ~ |rip/\/\aster /\/\onkey

  8. Here's what. by backslashdot · · Score: 4, Insightful

    Here's what. What happens when someone claims rights on PNG too after everyone starts using it? What we have happening here is the patent board is unable to understand prior art and granting patents on obvious and pre-existing technology.

    The issue is not this particular patent, but the issue is blocking other corporations and lawyer clusters from trying to gain broadly worded patents that incorporate pre existing technology from obscure sources so they can make money.

  9. Potentially valid by swordgeek · · Score: 2, Insightful

    If, and I say IF the patent is valid from a 'no prior art' and is not intuitively obvious, then the complaint is rather suspect.

    "The Public Patent Foundation ... also asks the US Patent Office to take notice of Compression Labs' "aggressive assertion" of its patent, which it says is causing substantial public harm."

    If the patent is valid and the public has used it regardless, then they are within their rights (legal and quite likely moral) to defend it.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  10. No Software Patents by kahrytan · · Score: 3, Insightful

    This type of stuff only reinforces the need to free software patents and helps the intiatives spearheaded at nosoftwarepatents.com

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    \
  11. Software is genuinely not patentable..... by 3seas · · Score: 2, Insightful

    .... however it is copyrightable.

    Copyrights last alot longer.... infinity according to the changing of laws to extend then before they expire..

    Now the thing is, can you write an algorythim/program to do the same thing in such a manner that a picture compressed by it can be uncompressed by jpeg engines, without infringing upon the copyright?

    if you can't then....still do the right thing and oppose the fraud of software patents.

  12. I agree by Sycraft-fu · · Score: 2, Insightful

    Patent law needs to be made like trademark law: Use it or lose it. Basically if you are going to patent something, you need to either exert that patent, or the patent should lose standing. I would say something like if you fail to contact a company for a period of 6 months after a product using your patented technology is marketed on a level that you should be reasonably aware of it, you lose your patent.

    So you are still protected, if someone is just developing something in secret, no problem, even if someone releases a product is a very small market that you wouldn't reasonably know about, no problem. However if your patent is in a product being sold on a wide scale, you have 6 months starting from when it is to contact the company. Failure to do so nullifies your patent.

    I think that would keep it fair, such that people could patent and profit from ideas, but that you can't just patent something and wait for someone to be huge and then sandbag them.

  13. Re:If JPGs aren't available... by jZnat · · Score: 2, Insightful

    In all seriousness, at least all the ["valid"] GIF-related patents [in America] have expired. Too bad PNG has already come so far; the only use for GIFs now is animated smileys for Something Awful Forums.

    --
    'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  14. That never works by Wesley+Felter · · Score: 4, Insightful

    We've seen this before.

    When RSA got popular and people realized that it was patented, there was a large effort to switch to DSA. Right about the time that all the pieces of DSA support were in place, the RSA patent expired so people just kept using RSA.

    When GIF got popular and people realized that LZW was patented, PNG was created. By the time PNG was actually supported more-or-less correctly in browsers, the LZW patent expired.

    I suspect if this JPEG madness keeps up, people will try to switch to JPEG 2000 (which is still patented, but at least the patent holders appear friendly). But it looks like the JPEG patent expires around 2007, which does not leave enough time to switch to anything.

  15. Re:Yeesh! Didn't they learn from Unisys by Wesley+Felter · · Score: 5, Insightful

    Real products are a distraction for these people. Forgent got millions out of various companies without developing anything. Since the legal fees (costs) are much less than the licensing revenue, it's a self-perpetuating system. The RIAA settlements are the same way; each settlement pays for N new lawsuits to be filed and the profit rises exponentially.

  16. Re:If JPGs aren't available... by typical · · Score: 4, Insightful

    Animated PNGs aren't possible (yet), alas...

    Well, it all depends on your definition of what PNG is.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
  17. Re:So what? by patonw · · Score: 2, Insightful

    PNG and JPEG fill different niches. They're different tools for different jobs. PNG is designed to be lossless and was meant as a successor to GIF rather than JPEG. JPEGs are a bit smaller because they throw out a lot of the information (hence are lossy) that isn't as high priority. It's a format for distribution rather than one that you'll want to work in while you manipulate images. For that you should probably be using TIFF or PSD. If you are constantly makinge changes to a set of images, the increase in storage space, while significant percentage-wise shouldn't make that much of a difference.

    GIF, JPEG and PNG are meant for distribution of images over networks where banwidth usage matters. JPEG compresses photographs well. GIFs and PNGs are better for rasterizing text and vector graphics for diagrams and logos... usually things that aren't high in complexity but have a more extreme contrast than you'd find in a vacation photo. If you're seeing a big difference in quality, your JPEG compressor is probably set to being too lossy.

    Technical issues aside it would definitely be nice to have an unencumbered lossy format to replace JPEGs but there are so many ridiculous patents nowadays that you'd probably invest most of your time figuring out what algorithms are safe to use.

  18. Re:You have no idea what you are talking about. by EzInKy · · Score: 2, Insightful


    Software is indeed patentable. This was decided in the Diamond v. Diehr case over 20 years ago. Thousands of software patents have been granted since then, and the requirements have gotten weaker over that time. Whether they ought to be allowed is very debatable, but the fact of the law isn't.


    "Diamon v. Diehr" is only law in the US and does not apply to rest of the world, which is what I suspect the other poster is trying to say. The long term effects that software patents will have on our country's economy is going to be devastating if our developers have to fear being sued for using ideas here that programmers elsewhere are free build upon.

    --
    Time is what keeps everything from happening all at once.
  19. Re:If JPGs aren't available... by mitherial · · Score: 3, Insightful

    You truncated it and and mispelled it:

    "Quidquid id est, timeo Danaos et dona ferentes." 'Whataever it is, I fear the Greeks even when they are bearing gifts'

    Or 'Ein Danaergeschenk' (the Greek Gift) in German.

    /noob =D

    --
    Foo?
  20. Jail The Examiner - Howard Britton by ObsessiveMathsFreak · · Score: 2, Insightful

    People at the USPTO need to go to jail for granting patents like these. They are crippling, willfully, the US economy. A bad patent has all the effect of sinking an oil tanker, and the effects are longers lasting. We still don't have encrypted email because of the willful sabotage committed at the USPTO by granting the RSA patent.

    Throw a couple of examiners in jail. They'll read the next patent more thoroughly then.

    The primary examiner on the patent was Howard W. Britton. He was either incompetant, or willfully neglegent when he granted this patent. If I make a mistake this serious at my job, I can be held seriously accountable for it. So should Mr. Britton.

    I am in no way exaggerating or being sarcastic. In my honest opinion Britton deserves to go to jail for the damage he has done to the economy, and the disgrace he has brought on the entire patent system.

    --
    May the Maths Be with you!
  21. Re:Patent Sales by thebdj · · Score: 2, Insightful

    see my other post above, to which I would add the following statement: since all the other major patent offices are using the first to file system, it would probably be safe to say it is the better system. Removing steps from the patent process makes the job of the office easier and gives examiners more time to focus on the patent work.

    --
    "Some days you just can't get rid of a bomb."