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Mozilla's VP of Engineering On H.264

We recently discussed news that YouTube and Vimeo are each testing their own HTML5 video players using the H.264 format. Firefox does not support H.264, and Mozilla's vice president of engineering, Mike Shaver, has now made a post explaining why. Quoting: "For Mozilla, H.264 is not currently a suitable technology choice. In many countries, it is a patented technology, meaning that it is illegal to use without paying license fees to the MPEG-LA. Without such a license, it is not legal to use or distribute software that produces or consumes H.264-encoded content. Indeed, even distributing H.264 content over the internet or broadcasting it over the airwaves requires the consent of the MPEG-LA, and the current fee exemption for free-to-the-viewer internet delivery is only in effect until the end of 2010. These license fees affect not only browser developers and distributors, but also represent a toll booth on anyone who wishes to produce video content." Mozilla developer Robert O'Callahan has written a blog post on the same subject, following a talk he gave on Friday about the importance of open video on the web.

32 of 675 comments (clear)

  1. Re:HTML5 Video by BrokenHalo · · Score: 5, Insightful

    It's mostly just problem for Mozilla

    Only if people insist on using it. I can't see that it would be in YouTube's interest to use H.264 exclusively.

    But in any case, it sounds like a misnomer to call it "HTML5 Video", which sort of implies a standard. If the "standard" involves coughing up a whacking great licence fee to use it, lots of people just won't be interested, and H.264 will be consigned to the same back shelves as some of the ogg codecs.

  2. Sigh by Anonymous Coward · · Score: 5, Insightful

    And yet even with a perfectly legitimate, reasonable, intelligent argument against H.264, tons of /. comments will go against FF's decision to promote an open, free (for everyone, not just the end users) and sane video standard over a proprietary one, ensuring that only people with lots of money can create browsers, run video sites, etc.

    It's pretty damn simple, yet no one gets it. Just like seemingly everything else these days. Misguided loyalty to one thing because it's been promoted to the end users by those with lots of money as being "obviously" superior wins out over good things simply because people don't want to use common sense and for some reason trust people/companies with greedy motivations simply because of the idea of "they are famous and rich, they must know what's best for me".

    1. Re:Sigh by FrostedWheat · · Score: 4, Informative

      All of your arguments are irrelevant if the licensing issue can't be solved. Firefox can only use codecs that are not covered by restrictive licensing, no matter how good it looks. (And I agree with you, H.264 does looks good) Their choice is basically:

      • MPEG-1: ancient and horribly outdated. (And may yet be covered by patents?)
      • Theora is good enough and much easier on the CPU than Dirac or H.264.
      • Dirac is (for now) a poor performer at the typical resolutions and bitrates used on the net.

      Theora is the best of these options. It doesn't matter how good H.264 looks, it's simply impossible for Mozilla to use it without dealing with the licensing issue.

    2. Re:Sigh by IANAAC · · Score: 4, Insightful

      It's time Americans stopped thinking of themselves as the centre of world technology... H.264 is a free and open standard, just not in the US.

      I agree with the center of the world comment, but...

      "It's a free and open standard, just not there..." isn't completely free and open.

      I see nothing wrong with Mozilla taking that into consideration.

    3. Re:Sigh by psnyder · · Score: 4, Informative

      There must be SOMEONE out there with a great experimental video codec that just needs some love.

      There are already a lot of video codecs out there, because there's a lot of ways to implement it. They all try to balance numerous factors within performance and quality. It's not easy. There's no one "holy grail" that produces perfect pictures while using a smaller number of resources than all of the others.

      Also...
      The editors of HTML5 are Ian Hickson (Google, Inc.) and David Hyatt (Apple, Inc.) Apple uses h264 in almost everything, so they would probably like to see it as the standard.

    4. Re:Sigh by BZ · · Score: 4, Informative

      > H.264 is a free and open standard, just not in the US.

      Or France or Germany, last I checked (as in, there are H.264 patents that have been granted by those countries; these are not _software_ patents but patents on the design of the codec). I haven't looked into detail for other countries, but I think you're making some unjustified assumptions here (like "h.264 patents are software patents").

    5. Re:Sigh by onefriedrice · · Score: 4, Insightful

      My prediction? Canonical will fork it as Mark Shuttleworth's vision of Ubuntu is that "it just works".

      Haha, yeah right. Anyway, I'm not sure what you're talking about with regards to the US software industry having disappeared into a black hole or become irrelevant. Last I checked, the software industry here is still very much active and relevant, and I haven't seen any real evidence to suggest that that will change any time soon.

      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    6. Re:Sigh by Cyberllama · · Score: 4, Funny

      They just hadn't bought any companies for like, 2 whole days, and so they said "screw it" and bought one at random. That's whole Google rolls these days.

    7. Re:Sigh by Goaway · · Score: 4, Funny

      Look, they can quit whenever they want. It's not like they have a problem or anything.

  3. Just open up the video architecture by DrXym · · Score: 5, Insightful

    Mozilla doesn't have to implement anything, just make the video plugin architecture extensible. Otherwise sites will just push other browsers which do implement H264, or will use plugins like Silverlight / Flash to render the content anyway in Firefox.

    1. Re:Just open up the video architecture by BenoitRen · · Score: 5, Informative
  4. Re:HTML5 Video by porneL · · Score: 4, Informative

    Remember that Opera proposed video element in the first place and they've chosen Theora from the start. They're not fond of patents, and may not want to choose H.264, especially if Mozilla doesn't.

  5. Re:So are Google and all the bunch just dumb? by BZ · · Score: 4, Interesting

    Google is not dumb. One major effect of a broadcast licensing fee for all web video is to make it harder to set up a Youtube competitor. Sure, Google has to pay the fee too. But it might well be worth it to them given the stifling of potential competition.

  6. Re:Ideology meet reality by BZ · · Score: 5, Insightful

    I don't think anyone's ignoring those facts. In particular, no one is under the illusion that ogg is a suitable replacement for h.264 in all cases. The hope is that a better codec than either will appear with more suitable licensing terms; in the meantime a premature standardization on h.264 would hurt the chances of that codec being adopted when it appears, no?

    On the other hand, you seem to be ignoring the fact that Wikipedia, say, has no plans to put its video in H.264 (so Safari, say, can't very well view it).

    > Time for Mozilla to face reality and pay up the license as Apple and Google have done.

    As a side note, Apple and Google did not have to pay for a license separately here. They already had the licenses.

    > Otherwise, watch Chrome really destroy Firefox

    If that were to start happening (and it's nowhere close yet), the calculation might have to change, of course.

  7. Re:FFmpeg by Jahava · · Score: 4, Informative
    Just because there's an LGPL project supporting something doesn't mean that patents and licenses don't apply. For more information about this, read the FFMPEG FAQ.

    Mozlla's concerns don't seem related at all to the implementation of the video. Rather, they're concerned about the licensing issues related to their usage of it. According to the article (and the summary, at that), the only reason H264 is even legally embeddable in current software is due to a free-to-viewer clause, and even that may permanently expire in 2010.

    Currently, most of the web (Flash excluded) is free to generate. I can make an HTML document, or a tool to generate HTML documents, and render those HTML documents without paying or owing anybody anything. To legally generate H264 files, you must pay for a license. To build software that generates H264 files, the software company must pay for a license. And (possibly) after 2010, a viewer or viewer software may have to pay for a license to watch the content. These are some pretty huge issues to overcome.

  8. Re:Vorbis and MKV by Chaos+Incarnate · · Score: 4, Insightful

    You're missing one important point: Google already has all these videos in H.264, so serving them up is relatively painless. They'd have to go back and reencode the entire YouTube library if they wanted to offer it in Theora.

    --
    Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
  9. Re:Vorbis and MKV by sopssa · · Score: 4, Informative

    Ogg/Vorbis/Theora are unencumbered and free. No "deals" need to be worked out.
    Ogg/Vorbis/Theora has reasonable quality and compression.
    It can be placed into a MKV container http://matroska.org/, also unencumbered and free.

    You are kind of comparing wrong things here. Both MKV and Ogg are merely containers (and H.264 can be placed inside MKV container too, and is usually done so).

    Also, Theora and H.264 aren't technically equivalent. Theora is kinda there, but it misses many features, is more heavy on hardware and requires a larger bitrate to get the same results. It also completely misses support for B-frames, variable frame rates, interlacing, and larger than 8-bits bit-depths. It also loses out because the creators have chosen to maintain backwards compatibility in cost of being technically superior.

    Another thing that manages to create more support for H.264 is that blu-ray, PS3, DVB (digital television in europe, including cable) and several other services and devices already support it.

  10. Re:Ideology meet reality by Ant+P. · · Score: 4, Insightful

    Time for Mozilla to face reality and pay up the license

    Yeah, that'll happen right after you start paying $5.99 to install the browser.

  11. Re:HTML5 Video by TheLink · · Score: 4, Interesting

    Why's that modded troll? Quicktime has annoyed me enough to uninstall it. I still have flash installed.

    Installing quicktime puts some stupid icon in the systray that annoys you every now and then. If you're not careful while installing quicktime, you might get itunes bundled along.

    Adobe hasn't got around to making flash as annoying as quicktime yet (but they have made Acrobat Reader annoying thus I no longer have it installed).

    --
  12. Re:HTML5 Video by Hatta · · Score: 5, Insightful

    Why can't Mozilla just implement a plugin framework, and leave it up to the user to decide whether he wants to install the h264 plugin, which may or may not be illegal in his area. Some Linux distros ship without MP3 support because it requires licensing, and it's usually just one command to enable MP3 support. It seems like the same thing should work with h264.

    --
    Give me Classic Slashdot or give me death!
  13. Re:Nonsense by Sponge+Bath · · Score: 5, Informative

    Don't people have to cough up a license fee to implement USB? PCI? AGP?

    For USB the only fees are for using official logos to show a product passed certification testing. For PCI you pay 3K/year for a membership to get a PCI ID assigned, but there is no licensing fee I am aware of. I don't know about AGP.

  14. Re:Nonsense by Anonymous Coward · · Score: 4, Informative

    Little problem: Even if Mozilla caves in and pays the license fee, that does not cover anyone else distributing Firefox. Canonical would also have to pay the $5 million for Ubuntu's browser. Firefox would effectively no longer be open source as it would be illegal to compile it (with H.264 support) and distribute the resulting binary.

  15. Re:More patent abuse by Dachannien · · Score: 4, Informative

    Actually, the patents can't cover the bitstreams. Case law such as In re Warmerdam indicates that nonfunctional descriptive material (such as a picture or a song) isn't a process, machine, article of manufacture, or composition of matter, so it doesn't meet the requirements of 35 USC 101.

    However, the patents can potentially cover (modulo any prior art issues) the process of transmitting the bitstreams. It may sound like some really thin slices of salami to you, but that's how the law works.

    By the way, your example about the "fancy new saw" and the resulting cut wood is wrong. As long as the cut wood resulting from using the fancy new saw has a specific, substantial, and credible use (for example, it's not merely ornamental, although there's something called a design patent that covers ornamental designs), it is patent eligible under 35 USC 101, because it's an article of manufacture.

  16. Re:Nonsense by Kjella · · Score: 4, Informative

    By the way, has any of the Mozilla folk sat down at the table and talked with the folks that own whatever IP needs licensing? Have they, you know, said "dudes, we have 33% of the browser market and our business model isn't structured for this sort of thing". My hunch is they could probably get some kind of deal hammered out. The Mozilla foundation does have some political capital you know--this is a good use of it.

    The GPL and patents intentionally mix like oil and water. Directly from paragraph 7 of the GPLv2: "For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program." You can get around this by covenant not to sue *cough*Novell*cough*, but that's abusing a loophole really.

    That works out great in certain circumstances, for example I can't patent something, add that to a GPL project and control distribution by selling patent licenses. But neither can Mozilla, they can't license it from MPEG LA just for themselves, the GPL basically requires them to license it for everyone. That is why you can download the Chromium source, but you will not get a patent license from that either. Only binary builds of Chrome gets the patent license, since a right to sublicense would destroy MPEG LA's revenue model.

    --
    Live today, because you never know what tomorrow brings
  17. Re:Ideology meet reality by selven · · Score: 4, Interesting

    Time for Mozilla to face reality and pay up the license as Apple and Google have done. Otherwise, watch Chrome really destroy Firefox.

    Time for Linux users to face reality and just give up and use Windows, as most other people have done.

    Oh, we didn't do that in 2000 and we have a strong, functioning, free as in freedom operating system now? I wonder how that could have happened.

  18. Re:Nonsense by TheTurtlesMoves · · Score: 5, Insightful

    People license stuff all the time, even standards. Mozilla needs to get over themselves and provide a way to play standard H.264 videos.

    Licensing something like h264 is very different. Its not just the fee (about 5Million pa for FF popularity) its the restrictions that the contract has. Like promising to enforce DRM or not permitting redistribution. These licenses are simply not compatible with GPL 2 or 3. Since I am not free to redistribute FireFox without getting a license from MPEG-LA.

    And proving a H.264 *content* will require licenses after 2010. Have fun with that

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  19. Re:Nonsense by Anonymous Coward · · Score: 5, Insightful

    More importantly, you generally BUY SOMETHING with USB, PCI, or AGP, therefore you give the company money to pay the fees with. Mozilla is given away freely, recouping some money with advertising links. They can't promise to pay lots of money and MPEG-LA has already cut the "loss leader" deals with big companies.... gotta get the money from the little guy. Worse yet, the MPEG-LA is notoriously fickle and as soon as fees kick in we'll have another situation like MP3 where everybody THOUGHT they paid up, but companies in the patent pool use loopholes to revoke MPEG-LA's consolidation of license fees.... then go after everybody "again" just like happened with MP3.

  20. Re:FFmpeg by slim · · Score: 4, Insightful

    Why would you use H.264 instead of Ogg Theora to create your videos? What we're talking about here is how you would play videos created by someone like Youtube. The standard doesn't mandate H.264. It just fails to mandate Ogg.

    If you only put Theora videos on your site, they won't be viewable in Safari (using default Quicktime components), iPhone or Android.

    Professor Markup says:

    There is no single combination of containers and codecs that works in all HTML5 browsers.

    To make your video watchable across all of these devices and platforms, you’re going to have to encode your video more than once.

    As long as there are mainstream platforms that don't support Theora, either you have to encode to H.264 yourself (and pay) or have someone else (e.g. YouTube) encode and host it for you.

  21. Re:Nonsense by 0100010001010011 · · Score: 4, Interesting

    Debian used to have the "Non-US" repositories. I can't see why they couldn't go back to it.

    As much as everyone hates it, Ogg isn't going to win this. As far as I know there isn't a single hardware decoder for it yet. Almost any newer Nvidia card will do it. VDPAU under Linux works AWESOME. It will even upscale SD content (feature set C). Broadcom has their MiniPCI card that a ton of NetBooks run. I bought one for my AppleTV so that I can do 1080p. XBMC supports it. OS X should support it soon.

  22. Re:Nonsense by ottothecow · · Score: 4, Insightful
    Probably the MPEG-LA will rub their hands together and think how much they could make by forcing licensing payments for every browser shipped.

    Nah, I would imagine they would be open to it for a very favorable rate. If the license for free streaming content expires, anyone who wants to use h.264 online will need to pay for an encoding license. The only reason you would want to pay for a license to encode (when there are alternatives that are free on both ends) is if the tech is good and your viewers can all decode the content

    If the MPEG-LA wants to sell to content distributers (who are more willing to pay since they actually depend on the content), they will want firefox's 33% of the market. They might not do it for free since mozilla also has some amount of willingness to pay but I doubt they are in a position to gouge them (and a "donation" to the nonprofit mozilla foundation might be a nice annual tax writeoff).

    --
    Bottles.
  23. Mozilla H.264 Fees = $5,000,000+ per year by CritterNYC · · Score: 4, Insightful

    If Mozilla were bundling H.264 support right now, it would be closed source (so forget about seeing it in Ubuntu by default) and it would cost them $5,000,000 this year. Next year, the fee will be even higher. So, Mozilla would have to allot 6% of their revenue (revenue, not profit) to supporting this one proprietary video codec.

    H.264 is only supported by Chrome and Safari (less than 10% of those online). Let's keep it that way and keep the barrier for entrance into the browser market from reaching insane proportions. Otherwise we'll be left with fewer choices in the browser wars since lots of people can't pay $0.20 per unit for a product they give away for free. Mozilla and Opera certainly can't. But for Google and Aple, supporting H.264 in their browsers is free since they already hit the $5,000,000 cap this year (Google due to all the encoding and streaming of it, Apple due to licensing it for iPods/iTunes).

    So, it's EASY for Apple and Google to support it since it's free and they already ship closed source products (Safari is closed source even though the underling webkit is open, Chrome is closed source even though the underlying Chromium bits are open). Mozilla would have to pay a ton of cash (and increasing) and add closed source bits to Firefox.

  24. Re:HTML5 Video by Hal_Porter · · Score: 4, Funny

    If only there was a company who had licensed H264 and distributed a plug in for free that worked with all major browsers - their business model would be to make money from the authoring tools.

    In fact, since this is going to be used for video, wouldn't it be even better if that plugin supported a Javascript like language, perhaps compiled to byte code and JITted to native code to get decent performance. Perhaps a custom graphics library that allowed people to make players with custom controls show a list of related clips once the video ended.

    Then open source browsers could use the plugin to show H264 videos.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;