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H.264 vs. Theora — Fightin' Words About Patentability
An anonymous reader writes "Thom Holwerda from OS News has penned a rebuttal to claims from Daring Fireball's John Gruber that Theora is a greater patent risk than H.264. Holwerda writes, 'And so the H264/Theora debate concerning HTML5 video continues. The most recent entry into the discussion comes from John Gruber, who argues that Theora is more in danger of patent litigation than H264. He's wrong, and here's why.'"
So before someone starts the whole "which codec is better" flamewar again: someone at xiph thinks theora is better, ars thinks h264 is better, and this guy has a do it yourself kit in the form of a shell script.
Have fun arguing, as the past few articles have been quite fruitful in that area. Sadly few have realized (despite it being the main focus of most of those articles, but hey, who reads those) that quality will not be the merit to win this battle.
Nope it's dishonest. The same thing applies to software and hardware patents. There's no distinction in that explanation that cannot be applied to mechanical inventions. You've made the case for voiding all patents, not just software.
A far more coherent argument would include the rapid evolution of software, with examples such as GIF. Of course GIF is a special case which allowed a better candidate, PNG, to become more common (with a side journey into IE's market dominance holding back PNG acceptance while IE's PNG support sucked). So GIF encouraged invention, the "legitimate purpose" of patents. So a good argument is difficult to make.
Very simply, math is abstract and remains free. The formula to calculate mortgage interest, or the location of a thrown object given the initial vector, gravity, atmospheric pressure (density), and external force such as wind, are not patentable. You can discover them and write papers and be influential in the field, but never patent it.
PKZIP had a patented compression method. Zlib did the same thing, just using a different method, and created compatible files. MP3 encoders bypassed Fraunhofer patents. Maybe the output wasn't byte-for-byte the same, nor the compression levels equal, but there is a serious hole in the argument for software patents when you can just do the same thing a different way and get around the patent.
The answer to Microsoft's Linux patent FUD is: Show us the patent, we'll work around it. The only place that fails is specific implementations like H.264 or FAT LFN or MPEG or SMB which are multi-platform. You can't program around a patented file format. Did you know that reverse engineering is valid for compatibility purposes? Why would that exist if not for a purpose? Then when you successfully reverse engineer something for compatibility, you can't use it because of patents. Why even have that exception if patents make it irrelevant?
That's my main argument these days - if I can break the DMCA for interoperability, I can ignore patents for the same reason.
The perfect mouse trap is invented, or the perfect lawn mower. I can choose to buy the patented solution, or go with a competitor. I buy in, paying extra for the patented hardware, and break a part. Is it allowed to fabricate my own parts to replace a broken one? Not if it violates the patent. So why can I reverse engineer for software interoperability, but I can't for hardware? Law may say one thing, here's my argument.
Hardware which is validly patentable does not have an interoperability requirement. Your saw does not have to work with other saws, so the parts may be patented. A company like Black and Decker could patent a battery which powers their tools, and they would own interoperability among products but I'm free to choose a competitor or build my own, which need no interoperability.
Software patents are increasingly used to protect a desirable object, so that content creators or consumers or both have to pay to create and/or access the content. Here's a new video codec, use it for a while while we hammer out the standards, then I pull the trigger and require payments. If you are the sole distributor of content and content will be consumed on your device (such as Pez and the Pez dispenser), patent away. But a method of packing up video to be shared with your devices, other companies, competitors and those in unrelated fields - interoperability is a requirement, and patents simply don't make sense.
I have a mathematical algorithm which uses psychoacoustic modeling to reduce the audio data which must be encoded, resulting in smaller files. Brilliant idea, which is unpatentable by itself. The algorithm is unpatentable by itself. I can develop a separate model to accomplish the same thing, better, using the exact same algorithm (with a different model underneath). Psychoacoustics happens to be a fundamental part of the universe, which should be unpatentable like (natural) DNA is, or a description of gravity.
So I u