Toshiba Sues Over DVD Patents
angry tapir writes "Toshiba has filed suit in a US court against Imation and several manufacturers and distributors of recordable DVD media for the alleged infringement of its patents. Imation and the other defendant companies named in the complaint do not have license agreements covering recordable DVD media with Toshiba or the DVD6C Licensing Group (DVD6C), and have engaged in the import and sale of recordable DVD media in the US without permission, according to Toshiba."
Well it's a good thing we have Bluray to protect us from those evil DVD manufacturers
Toshiba filed suit Thursday in a U.S. court against Imation and several manufacturers and distributors of recordable DVD media for the alleged infringement of its patents.
Toshiba licenses patents essential for meeting DVD format specifications, the company said on Thursday.
Imation and the other defendant companies named in the complaint do not have license agreements covering recordable DVD media with Toshiba or the DVD6C Licensing Group (DVD6C), and have engaged in the import and sale of recordable DVD media in the U.S. without permission, Toshiba said.
DVD6C was set up by nine developers of DVD technology and formats, to license jointly their DVD patents.
Eight companies, including companies in Taiwan and India, have been named as defendants in the suit before the United States District Court for the Western District of Wisconsin.
Toshiba's complaint seeks damages for past infringement, and requests that the court prohibit the sale, manufacture and import into the U.S. of recordable DVD media by the defendant companies.
The infringing recordable DVD media is sold in the U.S. under the Imation and Memorex brand names, Toshiba said.
Whale
Flash drives are ridiculously cheap, and substantially more convenient. DVD-Rs can either embrace dirt-cheapness and utter commodification, or they can die.
In school, I used to get told that if I wanted to eat candy in class that I would have to provide enough for everyone. Toshiba brought enough for everyone, but some companies are trying to get more than their fair share by not paying for a license. Toshiba is completely in the right to demand payment for the licenses.
On the other hand, this is why killing HD-DVD was such an important thing. Putting two major patent holders (Toshiba and Microsoft) in charge of the direction of the de facto media format would have been disastrous.
There ought to be a law against patent trolling
They can't use it. It's patented.
How exactly is this a patent troll? It seems to me that Toshiba retains the rights to patents legitimately obtained for actual innovation and have long been known about and licensed to others. Toshiba isn't holding the patents for ransom with outrageous licensing terms, submarining them, or keeping them a secret until after a standard was ratified and then springing them. I'd say that for a system that has all sorts of flaws and issues, this is a legitimate case where the system is working as it was intended in a legitimate fashion.
Humm, that's an interesting idea. Have you considered patenting it?
While licensing consortia look at first glance to be Evil(tm), they actually do serve an important function. Many technologies are covered by several, perhaps dozens, of patents. Trying to negotiate individually with each company for licensing terms would be a legal and logistical nightmare - especially considering that if you miss one, you're screwed. Negotiating with a licensing consortium means that you only have to go through the licensing steps once, and you're covered for the duration of your license against all of the various patents covering the technology.
Yes, you still have to be careful inasmuch as some company may have decided not to get on board the consortium train, but the chances of this happening are reduced.
The true evil arises when licensing consortia impose "terms of use" on their licenses, such as by leveraging patents to enforce DRM restrictions on equipment manufacturers (DVD-CSS, AACS, HDMI, CableCARD, etc.).