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Steve Jobs Hints At Theora Lawsuit

netcrawler writes "Steve Jobs' open letter on Flash has prompted someone at the Free Software Foundation Europe to ask him about his support of proprietary format H.264 over Theora. Jobs' pithy answer (email with headers) suggests Theora might infringe on existing patents and that 'a patent pool is being assembled to go after Theora and other "open source" codecs now.' Does he know something we don't?" Update: 05/01 00:38 GMT by T : Monty Montgomery of Xiph (the group behind Theora, as well as Ogg Vorbis, and more) provides a pointed, skeptical response to the implicit legal threat, below. Monty writes: "Thomson Multimedia made their first veiled patent threats against Vorbis almost ten years ago. MPEG-LA has been rumbling for the past few years. Maybe this time it will actually come to something, but it hasn't yet. I'll get worried when the lawyers advise me to; i.e., not yet.

The MPEG-LA has insinuated for some time that it is impossible to build any video codec without infringing on at least some of their patents. That is, they assert they have a monopoly on all digital video compression technology, period, and it is illegal to even attempt to compete with them. Of course, they've been careful not to say quite exactly that.

If Jobs's email is genuine, this is a powerful public gaffe ('All video codecs are covered by patents.') He'd be confirming MPEG's assertion in plain language anyone can understand. It would only strengthen the pushback against software patents and add to Apple's increasing PR mess. Macbooks and iPads may be pretty sweet, but creative individuals don't really like to give their business to jackbooted thugs."

124 of 686 comments (clear)

  1. He doesn't know something we don't. by Korey+Kaczor · · Score: 5, Funny

    He doesn't know anything that we don't already know.

    However, he, on the other hand, thinks different. (TM).

    1. Re:He doesn't know something we don't. by pitchpipe · · Score: 5, Funny

      However, he, on the other hand, thinks different. (TM).

      He also walks on water and shits ice cream.

      --
      Look where all this talking got us, baby.
    2. Re:He doesn't know something we don't. by Pinky's+Brain · · Score: 2, Informative

      I can say without a doubt in my mind that any H.264 implementation infringes on patent clauses for patents not in the patent pool ... all software of non trivial complexity infringes on patents.

    3. Re:He doesn't know something we don't. by sbeckstead · · Score: 2, Informative

      Yes but the H.264 implementation only infringes on the patents of the holders of the H.264 patents.
      The whole idea is to come up with new and different ways to do things, not get pissed off because someone else beat you to it.
      In the old days and I'm sure it still happens. There are guys working in large companies watching several patents and as soon as they expire they implement the item and sell it to us without giving the original inventor one red cent. I say patent holders need to make hay while the sun shines.

    4. Re:He doesn't know something we don't. by shutdown+-p+now · · Score: 4, Insightful

      Yes but the H.264 implementation only infringes on the patents of the holders of the H.264 patents.

      How do you know?

    5. Re:He doesn't know something we don't. by sabernet · · Score: 5, Insightful

      I'll feed the troll....sorry.

      Get over it guys he can have opinions just like you and me.

      You don't quite understand the difference between "opinion" and "veiled threat"? Really? He's producing FUD while possibly trying to launch an abusive lawsuit based on software patents(which are patently evil themselves) on Theora basically because he sits on the license board for H.264.

      This isn't an opinion. It's an open declaration of war on an NGO. If your brain weren't so apparently dependent on Apple's marketing trolls, I wouldn't understand how you could possibly be fine with that.

    6. Re:He doesn't know something we don't. by sabernet · · Score: 4, Insightful

      There is no difference if the threat is expressed as an opinion.

      Those are two different things. An opinion is something like "I think they may get sued." A threat is "I will probably sue you."

      An opinion is based on what your personal feelings at the time are. A threat is when you factually confront someone with the aim of informing them you will or may do bad things to them.

      For example, me saying "I think you will get killed if you keep running into traffic like that." is my opinion. Me saying, "I will kill you." is a threat and is, in fact, illegal.

      Stop me if I'm going to fast for you.

      Dealing with your competitors FUD is the price of doing business

      Excuse me, Glen Beck, but at what point is Theora trying to make money?

      There used to be a course given at business schools called "business ethics". At some point, yes, they appear to have gone to the wayside more and more lately. They did that in the past too. Interesting you used the word "firing line".

    7. Re:He doesn't know something we don't. by sabernet · · Score: 5, Insightful

      Producing something for free as a service has never been a "business". Ever.

      Apparently, the only thing you hold dear is your stock portfolio, up on your own personal "high horse"(you did start with "Linux dweebies and Microsoft apologists"). So any further discussion involving anything other then dollar signs would be as fruitless as describing Pythagorean theory to a gnat.

      So, while I still have karma to burn, I feel absolutely entitled and justified in saying that people like you are everything that is wrong with humanity. Get off my fucking lawn.

    8. Re:He doesn't know something we don't. by commodore64_love · · Score: 4, Insightful

      It seems clear to me that Mr. Jobs has adopted Microsoft tactics. If someone threatens the profitability of your product - exterminate them. Jobs is planning to attack Theora with what amounts to a frivolous lawsuit. Even if he loses, it won't matter, because Theora will be driven into bankruptcy by the attack. It sounds just like 90s-era Microsoft.

      And even if Theora survives, the battle will have left them so depleted that they'll longer be a competitor. However you look at it, Jobs accomplishes his goal.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    9. Re:He doesn't know something we don't. by tomhudson · · Score: 2, Interesting

      You forgot to ad that there's nothing to protect users of h264 from OTHER patent claims.

      And theora's response was the exact right one to take.

      BTW - a lot of the world doesn't buy into software patents. Let's see if the Supremes get it right with Bilski.

    10. Re:He doesn't know something we don't. by GameboyRMH · · Score: 5, Interesting

      Apple is so much worse than Microsoft now. Maybe worse than Microsoft ever was. A trailblazer in terms of vendor lock-in - they've paved the way for totally closed software environments, a concept that would have seemed so insanely backwards 5-10 years ago that nobody would have believed it would be the trend of the future. Apple is clearly THE primary threat to software freedom these days.

      The scary thing is that MS customers always knew they were being screwed and just had to settle, but Apple makes their customers want it. The majority sees nothing at all wrong with what's happening - never mind things like this that they don't know about. They fawn over iPhones and iPads, Average Joes fucking line-camp for this stuff. It's scary as hell, I've only seen otherwise sane people roll over and spread en masse like this for homeowner's associations, I thought it was just because houses are huge investments and people often don't have much of a choice, but I guess I was wrong and people can abandon all sense of freedom for anything they want enough.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    11. Re:He doesn't know something we don't. by ChipMonk · · Score: 2, Insightful

      Not all monopolies are illegal. The patents need to be challenged, on the basis that their use doesn't create a new machine, they simply carry out different algorithms on glorified calculators. An old Commodore 64, with enough extra storage, can carry out the same calculations, albeit a lot slower.

      Sigh.

    12. Re:He doesn't know something we don't. by Anonymous Coward · · Score: 2, Insightful

      yeah, its an opinion, just like when The Godfather says, "i think something unfortunate may happen to you" while his thugs tap their palms with baseball bats behind him.

    13. Re:He doesn't know something we don't. by Anonymous Coward · · Score: 5, Interesting

      I'm guessing the AC above isn't interested in disclosing his identity in connection with the slanderous claim above because he knows it to be untrue.

      Xiph.org has never taken a "don't tell us" position, nor to the best of my knowledge have any of our contributors in connection to Xiph.org activities. Willful ignorance is not a viable strategy in this field.

      We very much want to know about any real patent exposure, especially from someone actually competent enough to raise reasonable concerns (Not likely from a 2L without particular patent training and video coding experience, but still). We have expended considerable effort knowing about, dodging, and helping others review the patent status of our work. After all— this stuff exists for the very purpose of being unencumbered.

      --Greg Maxwell (greg@xiph.org)

    14. Re:He doesn't know something we don't. by Eskarel · · Score: 2, Insightful

      No. The GP's post is an example of why software patents(and all patents) need to be sane.

      New ideas provide value for society, new ways of doing things, new things to do, all help to enhance everyone's quality of life. Without some form of protection, the only way to make any money off good ideas(and therefor the only way to encourage people to spend time coming up with good ideas) is by keeping them secret which doesn't really benefit anyone.

      You do not have some sort of right to implement someone else's idea without compensation simply because implementing an idea in software once someone has thought of it is easy. Easy to implement is not the same thing as obvious.

      The problem with patents, both software and otherwise is that patent offices all over the world are really bad at determining what is non trivial and non obvious. "Do the same thing everyone has been doing for centuries ON THE INTERNET", should not be patentable. "Solve a problem which no one else has ever been able to find an answer for" should be, whether you're solving that problem with metal or with code.

    15. Re:He doesn't know something we don't. by professionalfurryele · · Score: 2, Informative

      Okay why is it that one form of mathematics can be patented and other kinds cant? All a computer program is is a mathematical algorithm. I'm a professional scientists, when do I get to patent the maths I derive? Not that I'd ever want one.
      Software patents are insane because they allow you to patent maths. I'd like to think it's obvious why you don't want a field as interconnected and related as mathematics to be patented. What happens when some clever mathematician shows some alogrithm to be isomorphic (the standard of sameness) as some other method implemented in software patents! Without the physical device to point to and say "that mechanism" patents become a nightmare.

    16. Re:He doesn't know something we don't. by hairyfeet · · Score: 2, Insightful

      Right back at ya...http://www.microsoft.com/opensource/. Although I think it is funny that everyone screamed MSFT users were locked in and couldn't do squat, now it looks like Steve has old Bill beat in that regard. Don't like IE? A dozen other choices easily. Don't like WMP? More choices than you can count. Office? Ditto. Hell from what I understand you don't even have to jailbreak a Windows smartphone to run unauthorized apps!

      I think Jon Stewart said it best when he went off on Steve and Apple for the Gizmondo incident. What I will never understand though, is that you have this rabid fanbase that brags they pick up devices with a nearly 100% markup, is more locked down than anything the Ballmer monkey ever even dreamed of, yet the act like it somehow gives them this cool vibe to pay beyond top dollar for total lock in. Sorry, but I just don't get it. But then again I was always the type that liked having slots on his PCs and using any hardware I want, so what do I know.

      BTW I'm betting that Apple will end up going AMD since Intel has basically crippled performance on their mobile devices by locking out Nvidia. It'll be hilarious to see the same guys that talked about how superior Intel was do another PPC>>>Intel flip flop if it happens. Gotta love that RDF!

      --
      ACs don't waste your time replying, your posts are never seen by me.
  2. Well by buchner.johannes · · Score: 2, Insightful

    Luckily, there are no software patents :-)

    --
    NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    1. Re:Well by rqg · · Score: 2, Interesting

      Maybe he meant: there are no software patents [in Europe].
      I'm guessing that by the Free Software Foundation Europe mentioned in the summary.

    2. Re:Well by LordVader717 · · Score: 2, Informative

      Well there are. The MPEG-LA has European patents and goes round suing everyone with them.

    3. Re:Well by Theaetetus · · Score: 2, Interesting

      Maybe he meant: there are no software patents [in Europe].

      Yeah, there are. The European bar on patenting software is exactly the same on the bar in the US on patenting software per se under Bilski and Warmerdam. But if you claim a method of doing X, comprising doing Y, by processor of a computing device, or claim a system for doing X, comprising a processor of a computing device configured to do Y, you can certainly get it patented. I am a patent agent, and have gotten several dozen patents in Europe that cover software.

      Disclaimer: I'm not your patent agent, this is not legal advice, etc.

  3. Another article on SJ by ColdWetDog · · Score: 3, Funny

    Time for the Two Minute Hate!

    Can we do this maybe just once a day?

    --
    Faster! Faster! Faster would be better!
    1. Re:Another article on SJ by Anonymous Coward · · Score: 2, Funny

      If it makes you feel better, I feel pretty much exactly the same way with regards to the antirich.

    2. Re:Another article on SJ by Omnifarious · · Score: 2, Insightful

      I agree. I think Apple hasn't had the opportunity to be nearly as evil as Microsoft yet. But the ways things are going, I have no doubt they'll take the opportunity as soon as it presents itself.

      And, while I half expected this, I'm still angry about it.

    3. Re:Another article on SJ by postbigbang · · Score: 2, Insightful

      Ya know... Ubuntu Lucid Lynx is looking better all the time. I wonder if it'll run on my MacBookPro before I put it onto Craigslist....

      Jobs has become the new Gates and Ballmer. What a wonderful guy.

      There's a point where his 'it just works' changes to 'he's just a jerk'. I think that point is getting really, really close.

      Too bad. What nice toys he makes. Darwin to MacOS X was so smooth. Now the Snow Leopard release has about the same bugs as a Windows release. Once the viruses start, I'll be long gone. Pity. You wanted to like the guy for his bravery and his David/Goliath thing. Now he's desperately trying to hang on to his novel franchises.... at the cost of what seems to be his honor. Shrug. History repeats itself.

      --
      ---- Teach Peace. It's Cheaper Than War.
    4. Re:Another article on SJ by wealthychef · · Score: 2, Insightful

      Am I being manipulated into this anger, or have they just put their heel on the back of my neck long enough that their propaganda has stopped working?

      Are those your only choices? You're not being manipulated into anger. The fact that you are angry at "the rich" when an article about Steve Jobs' opinion on one piece of open source software comes along strikes me as a bit over-furious. LOL

      --
      Currently hooked on AMP
    5. Re:Another article on SJ by JordanL · · Score: 2

      SJ talks about patents in Theora and your reaction is that you feel anger towards people with more wealth than you?

      What do those two things even have to do with each other?

    6. Re:Another article on SJ by roca · · Score: 2, Informative

      Turns out that Canonical is an H.264 licensee. They don't care much more about free video formats than Steve Jobs does.

    7. Re:Another article on SJ by ScrewMaster · · Score: 2, Informative

      I agree. I think Apple hasn't had the opportunity to be nearly as evil as Microsoft yet. But the ways things are going, I have no doubt they'll take the opportunity as soon as it presents itself.

      And, while I half expected this, I'm still angry about it.

      Are you kidding me? I still have an original Apple ][ Standard (Integer ROM) somewhere in a box around here.Spent some years coding for the thing, only to have Apple refuse to improve even basic aspects of the design (the keyboard for one) and do it's damnedest to kill off any competition. They they dropped it like a hot potato, refused to provide any support, and when you called up to, say, order a spare disk controller PROM the answer was "we've never made any such product, sir, we recommend you purchase a Macintosh." I'd been a loyal customer up to that point, sold a LOT of systems. Consequently, it was the last Apple product I ever owned (other than an iPod Nano that I got as a gift, so I don't count it.) I'll tell you this: Jobs is a dick. He's always been a dick, will always be a dick. That may be news to a lot of people (those who only got on board with Apple in recent years) but the reality is this: Jobs is nothing more than a hopped up used-car salesman who hitched a ride on Wozniak's genius. To anyone who honestly believed that he's any different under the hood than Gates or Ballmer: you've been fooling yourself. I hope this opens a few eyes.

      --
      The higher the technology, the sharper that two-edged sword.
    8. Re:Another article on SJ by wealthychef · · Score: 2, Insightful

      How we feel is based on the information we get.

      Well, that's one way of thinking about it. Of course, the "information" we get has to pass through our perceptual filters first. So when two people hear or see the same thing they may feel very differently. You might see every news story through the filter of "the rich have too much power, how is this going to screw the little guy?" Then you'd spend a lot of your time angry, I'm guessing. Since your point of view looks like "the truth" or "information" to you, you are stuck with your anger.

      Why am I saying all this? You started out asking, essentially, "why am I angry?" Just to point out you have a choice about your feelings, when you understand that your point of view is just a point of view and not "the truth." I'm not saying it's false, BTW. But are you 100% sure it's absolutely accurate?

      --
      Currently hooked on AMP
  4. The Steve Jobs douchebaggery is in full swing! by ZosX · · Score: 5, Funny

    Apple's new slogan: "There's a patent for that."

    1. Re:The Steve Jobs douchebaggery is in full swing! by Raffaello · · Score: 4, Insightful

      And now Apple drops all pretense of being the underdog and joins the ranks of the FUD purveyors.

    2. Re:The Steve Jobs douchebaggery is in full swing! by TrancePhreak · · Score: 2, Insightful

      I thought they did that long ago with their "I'm a Mac" ads.

      --

      -]Phreak Out[-
    3. Re:The Steve Jobs douchebaggery is in full swing! by SanityInAnarchy · · Score: 4, Informative

      There's a difference between FUD and actual legal issues. Mozilla can't support H.264 in Firefox out of the box.

      It is a bit annoying, however, that they absolutely refuse to use local libraries (DirectShow, GStreamer, etc) to access what codecs the user has available.

      --
      Don't thank God, thank a doctor!
    4. Re:The Steve Jobs douchebaggery is in full swing! by AnEducatedNegro · · Score: 3, Informative

      disclaimer: i have been drinking.

      because, douchebag, local libraries make the ui platform dependent. have you looked at the architecture diagram of xul lately?

  5. The bottom line by Anonymous Coward · · Score: 4, Funny

    The apple is the best computer. I don't care who he sues, it is for a good reason no doubt. Stop stealing from apple you dirty hippies.

    1. Re:The bottom line by Korey+Kaczor · · Score: 4, Funny

      What if dirty hippies are stealing your apples? You know, they hop over your fence, climb up your apple tree, and start taking the apples. You confront them, and they're all like, "Yo, man, you can't, um, steal mother nature." Then flash those damned, self-righteous smug looks.

      I think they're working for Al Gore. Like, his henchmen or something. After all, he _IS_ on the board of directors for Apple Computers (TM).

    2. Re:The bottom line by Anonymous Coward · · Score: 5, Funny

      I agree. Apples are the best computers. The quality is unparalleled. When shopping for an OEM computer to put Linux on, I always buy an Apple.

    3. Re:The bottom line by Illogical+Spock · · Score: 3, Funny

      What if dirty hippies are stealing your apples?

      This explains the missing part of the Apple's apple. Jobs saw him stealing the apples and shot with his rock salt iShotgun.

      --
      --- Illogical Spock
    4. Re:The bottom line by impaledsunset · · Score: 3, Insightful

      Yeah, I heard about that and I got an iPad. But for some reason I can't get this stupid Linux to work. No wonder nobody uses Linux when it is so hard to use.

    5. Re:The bottom line by uberjack · · Score: 2, Funny

      As Free Waterfall Jr. said, "You can't own property, man"

  6. Connect the dots by BearRanger · · Score: 4, Interesting

    Microsoft conspicuously said today that IE9 will only support H.264 for HTML5 video. Add in Apple and you have the two largest consumer OS vendors backing the same codec. I suspect they do know something the public doesn't, even if they themselves will not be a party to this patent challenge.

    Theora will just end up becoming collateral damage in the coming war all of the large vendors are about to wage with Google. Follow the breadcrumbs and that's where you eventually end up.

    1. Re:Connect the dots by Jackie_Chan_Fan · · Score: 3, Insightful

      and MKV is better than MOV, AVI, and WMV...

      Open formats and technology scare the crap out of them.

      Granted MKV is just a container... it is still a far better container.

    2. Re:Connect the dots by Anonymous Coward · · Score: 5, Informative

      Ogg is the container, Theora is the codec. Confusion arises sometimes because Ogg Vorbis music files are typically called "oggs", even though Vorbis is the codec in that case.
      http://en.wikipedia.org/wiki/Ogg
      http://en.wikipedia.org/wiki/Theora

    3. Re:Connect the dots by westlake · · Score: 3, Informative
      Microsoft conspicuously said today that IE9 will only support H.264 for HTML5 video. Add in Apple and you have the two largest consumer OS vendors backing the same codec. I suspect they do know something the public doesn't

      There are 811 AVC/H.264 licensees and 26 licensors

      Apple and Microsoft are licensors along with industrial mega-corps like Mitsubishi Electric, Sony and Toshiba.

      Google and Canonical are licensees.

      H.264 has tremendous strength simply in OEM support and brand-name consumer tech. There are no significant players missing here.

    4. Re:Connect the dots by dangitman · · Score: 2, Insightful

      Granted MKV is just a container... it is still a far better container.

      ... that doesn't work with most devices or software on the market.

      --
      ... and then they built the supercollider.
    5. Re:Connect the dots by segedunum · · Score: 5, Insightful

      Microsoft conspicuously said today that IE9 will only support H.264 for HTML5 video. Add in Apple and you have the two largest consumer OS vendors backing the same codec.

      Unfortunately for Microsoft and Apple they actually believe that they control something. Currently there is no h.264 content out there for HTML5 video and Microsoft and Apple have no means to create it.

      Theora will just end up becoming collateral damage in the coming war all of the large vendors are about to wage with Google.

      Unfortunately, Google controls YouTube and what YouTube chooses to use is what matters. Like it or lump it, they are the standard for internet video which is why Steve Jobs has had to answer some uncomfortable questions about why Apple is incompatible with YouTube, and not the other way around. Google have rather steered away from h.264 in recent weeks towards VP8 (the successor to Theora), largely because they know they'll be steering a car that could take any direction it likes in the coming years and it will be used by Apple at some point to try and shoot YouTube and Google down. Microsoft and Apple in particular have no content to be able to dictate what format people will use, so they have to resort to threats.

    6. Re:Connect the dots by westlake · · Score: 3, Insightful

      Unfortunately for Microsoft and Apple they actually believe that they control something. Currently there is no h.264 content out there for HTML5 video and Microsoft and Apple have no means to create it.

      Tens of millions, hundreds of millions, of cell phones, web cams and camcorders generating H.264 video every minute of every day.

      Two fantastically rich corporations with deep penetration into the consumer market space. Partnerships with global content providers and distribution networks.

      Out of the game the both of them.

      This is what On2 had to say before the merger:

      What capabilities does H.264 add to the Adobe Flash Player?

      Support of H.264 allows choice for consumers and enterprises, and gives users access to a broader range of content for the Flash Player. Many in the broadcast industry, including content providers for HD DVD/Blue Ray DVD, already encode in H.264. To enable the most efficient consumption of this content on the PC using the Flash Player, supporting H.264 makes sense, and allows users of the new player to avoid delays or other artifacts associated with a transcoding step for a better viewing experience. The already ubiquitous Flash Player has now extended its reach to play back H.264 content across all PC platforms, i.e., Windows, Mac and Linux. Support Center H.264 FAQ

    7. Re:Connect the dots by Concern · · Score: 2, Insightful

      Oh yes, H264 is well loved by many. Bluray does use it, and that claim about broadcasters is true; beyond original MPEG streams, I have seen several preparing their "digital archives" with high-bitrate h264 - by which I mean 8, 12 or even higher Mb/sec - far beyond what is used on the internet. This is the corporate equivalent of a 1024Kb/sec mp3. :) It's also approved as part of the new HDTV broadcast standards, though not actually used in practice - and this too would be at far lower bitrates.

      It's just not used much for distributing video on the web. By volume this job is done by Flash, and as you know, Flash has historically used Sorenson Spark and then an On2 protocol called VP6. H264 support was added to flash several years ago (2007 I believe?) but bulk transcoding video is resource intensive, expensive, and difficult. And of course, tool development and pricing has a lag time. So, most video on the web remains in the two predecessor codecs.

      Amusingly, the same proprietary, patented codec hell that Microsoft and Apple love so much makes it far more difficult than it already should be to switch to h264. The marketplace for workable transcoding solutions is highly limited as a result of the IP thicket, and (historically, if not still today) you basically have no alternative other than buying Anystream and building a cranky army of Windows servers to do it, while by the way paying a stunning fortune in license fees.

      Compare to what happens when you target an open codec, and all the world's developers then collaborate and compete on tight implementations across a variety of hardware architectures. That's when you have wicked time to market on things that run in CUDA, or eke out every last operation in every clock cycle of your highly-core-dense blade racks. And work without leaking memory and crashing. And cost nothing. Nice little luxuries like that.

      Just to reiterate, It really doesn't matter what codec broadcasters use internally, or on Blurays, or anywhere else. To target the web, they must transcode regardless, to get a delivery format that balances bandwidth (and costs) with quality. If there is a good free codec available, it starts to look very attractive - lower costs and far fewer headaches. The only reason this hasn't already happened is "codec blackmail:" you have to support the proprietary mess, because vendor X or Y has your audience hostage and you have no alternative. With HTML5 and a free codec, we can finally end this disaster, but not if Apple and MS and Adobe can help it...

      --
      Tired of Political Trolls? Opt Out!
  7. Re:Sensationalism by E+IS+mC(Square) · · Score: 5, Funny

    And here comes Apple apologists. You know what, fuck you, fuck steve jobs and fuck my karma.

  8. Google is the key here by javilon · · Score: 5, Insightful

    They need to move fast, clean VP8 up and push it into Chrome, Android and youtube. Firefox and Opera will follow quickly and the attempt to lock web multimedia into propietary formats from Apple and Microsoft will fail.

    This move from Apple and the Microsoft's statement about only supporting H.264 are a reaction to Google's purchase of VP8. Both Apple and Microsoft are terrified of Google. They are willing to give up quicktime and wmv as long as Google doesn't succeed in pushing an open source, patent free solution to web video.

    --


    When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
    1. Re:Google is the key here by starseeker · · Score: 4, Insightful

      How does that help? Is VP8 acknowledged by other major players to not infringe on any other patents? Would Google agree to shield all users of VP8 from any legal attacks by patent holders?

      I rather expect that the holders of these patents feel that any possible implementation of video on a computer infringes on SOME patent they hold, and if there exists some hypothetical codec that does not infringe I'd guess some team of lawyers didn't do their job right. Sort of like how SCO was claiming that no possible modern operating system could exist without violating SCO intellectual property rights, except using the patent system for the fence-building process. Even if there are codes that are completely free and clear, can you imaging how long it would take a the legal system to sort out such a lawsuit? SCO has dragged their action on for YEARS, and that's without thousands of patents to use as clubs.

      If they pick on the developers of Ogg Theora, what happens? Do they stand any chance of carrying on such a lawsuit, as an open source effort? Would various interested companies back them and support them in a fight to the finish? The most frightening interpretation of that email suggests we may actually find out.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    2. Re:Google is the key here by Goaway · · Score: 3, Informative

      That plan just happened to slip his mind when he shipped iPhones and iPads with built-in Youtube support, then?

    3. Re:Google is the key here by martin-boundary · · Score: 2, Funny

      Fighting a lawsuit as an open source effort? Now that would be interesting. Of course we'd need to build a lawyer robot who would be linked to a public web forum with a decent rating system. We'd have the court's minutes online in realtime, with forum members analyzing the implications straight away, and computing the best attack vector for responding to the claims. Then a guy called CmdrBurger would upload the most promising responses into the lawyerbot's mouthpiece control center through an XmlHttpRequest, and the judge would hear a melodious synthetic voice reading the relevant objections in any one of his preferred languages, with printed hardcopy for the opposing lawyers and a projected display on the ceiling for the audience.

    4. Re:Google is the key here by Kristoph · · Score: 2, Insightful

      There are hundreds of simple games for free on the AppStore. This is not about paying. This is about platform control. Whomever controls the dominant development platform is in a better position to compete.

    5. Re:Google is the key here by mjwx · · Score: 2, Insightful

      They need to move fast, clean VP8 up and push it into Chrome, Android and youtube. Firefox and Opera will follow quickly

      And release plugins for IE 7, 8 and 9 as well as Safari then dust their hands off with the satisfaction of a job well done.

      Once YouTube (Google) pushes VP8 or Theora over H.264 it's over. It doesn't matter what codec the browsers use, its what the content publishers use that matters. You already grab a third party browser plug in to view YouTube, heck Adobe would probably set flash up as a VP8 decoder as well as H.264 and SWF (they will if they wish to remain relevant). If google can seduce the likes of Netflix and Hulu with license free codec's then all the better.

      Apple and Microsoft are attempting to control the stick from the wrong end, the consumers end point doesn't matter, its the publishers that does.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  9. Going after Open Source is not a winning strategy by gweihir · · Score: 3, Insightful

    Unlike other community things, it actually works and people will defend it, because they are using what they write themselves. Go after Open Source and you are basically dead, even when it may take you a long time dying. The time to play games of greed and power with software are over. This stuff is critical infrastructure, everybody needs it and it has to be both good quality and readily available. Open Source can do that. No other approach can. And this becomes harder and harder to ignore.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  10. The world needs more Richard Stallmans by g3k0 · · Score: 2, Funny

    If there was only a Richard Stallman for every Steve Jobs and Steve Ballmer.... On second thought, a global epidemic of athletes foot may not be the best scenario either.

  11. Re:I look forward to contributing to the fund by DragonWriter · · Score: 4, Insightful

    Now now, they haven't sued anybody about this yet...

    Just like Microsoft hasn't sued anybody over the supposed patent violations in Linux.

    Possibly for similar reasons. FUD is cheaper and easier to generate than a lawsuit that won't get thrown out of court, and maybe even get you sanctioned.

  12. Re:Steve Jobs is different; he is abusive. by FF8Jake · · Score: 2, Insightful

    Don't worry Korey, you'd be hilarious even if an Apple Fanboy didn't donate his liver to Steve Jobs.

  13. No jump to see he's trying to suppress competition by Ungrounded+Lightning · · Score: 2, Informative

    Looks to me, Steve Jobs just knows there are people looking into suing Theora. Not Steve Jobs (or Apple) is going to sue Theora.

    Even if that's the case he made the announcement in the form of a FUD attack on Theora and the other open source CODECs.

    Now lots of potential adopters will instead be waiting for the other shoe to drop before considering an open source solution - and paying for proprietary stuff meanwhile. And if the shoe never drops they'll wait, and pay, a very long time. This is the magic of FUD.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  14. Good things could come of this by karl.auerbach · · Score: 5, Insightful

    Jobs is partly correct and part incorrect.

    When he says "All video codecs are covered by patents" he is incorrect. Patents are limited by their claims and it is completely possible that there is a codec that does not fall under any patents. One such codec, the null codec that simply turns every input bit into itself, is probably free of any patents. Of course that would be a silly codec.

    Just because something is open source does not mean that it does not infringe on one or more patents. A lot of folks confuse "copyright", which protects expression, with patent, which protects ideas. Under patent even an independent expression (an implementation), even an open source one, might impinge on a patented idea.

    I suspect that pretty much everybody here, including myself, is of the belief that patents have been granted that are overbroad, that live too long, and that are simply reflective of prior or obvious practice that existed at or prior to the time of the patent filing. There is much that is broken in the patent system.

    I can readily believe that ogg/theora might impinge on some patent in some country. Then again it might not. And whether that patent is itself valid is a question that would have to be answered once we knew what those putative patents were.

    Since proving that something like ogg/theora doesn't infringe is like proving a negative, it is pretty hard to ever say that something is provably and undeniably free of patents.

    But it would, in my opinion, be a good thing to have the matter fully debated in the context of a lawsuit. It would create a forum where the H.264 people (and other patent-codec people) could duke it out with the open source codec community in a place where we could get some definitive answers that ratchet and lock into place and thus give guidance to us in the future.

    If Ogg/theora (or Google's VP8) violates a patent it is better to know it now so that we can work around the patent or obtain blanket community licenses.

    My own guess is that if the Apple or the MPEG people engage in something more than sabre rattling that they will find the open source community a resourceful and dedicated opponent. Most particularly, the open source community is probably a very formidable opponent on the question of whether that patent on which the claim of infringement is based is itself valid.

    Apple and the MPEG people could find that at the end of the battle that their own patents have fallen.

  15. Re:I look forward to contributing to the fund by mkiwi · · Score: 2, Insightful

    You raise a valid point, except for as alluded to in my post, Steve Jobs/Apple does not own the patents in question. Your analogy would be correct if Apple owned the patents.

  16. While I might not agree with his wordage... by LordRPI · · Score: 5, Interesting

    I'm ready to go "all-in" with a bet that says the second Google releases the source to VP8, every company with patents on video compression will begin examining VP8 source code for patents. They have their legal teams and engineers ramped up to start digging ASAP and I do believe that's what Steve Jobs means.

    1. Re:While I might not agree with his wordage... by butlerm · · Score: 2, Interesting

      Sorry No. If you are intelligent enough to determine (for example) whether BTRFS might infringe on a ZFS patent without reference to the BTRFS source code, the source code of any BTRFS utilities, BTRFS file system format documentation, or other published information, more power to you. We are a long ways from the cotton gin.

      Black box analysis won't even come close to determining if any internal methods are infringing. NetApp sued Sun over ZFS a few years back, and they wouldn't have had a clue what was really going on inside of ZFS if there wasn't anything published about it. Determining how ZFS really worked inside without reference to documentation, source code, or other published information could take a skilled engineer several weeks just to get started.

      How would you determine, short of reverse engineering, that ZFS was a copy on write, "phase tree" type filesystem, for example? And that just scratches the surface.

  17. Seems more like a conjecture on his part by melted · · Score: 2, Insightful

    I don't think it's Apple who's assembling this set of patents. The lawsuit WILL happen sooner or later, inevitably. If Apple started distributing Theora, this lawsuit would happen within a month, even though they're in MPEG LA. Who knows what their contract with MPEG LA says, too. They might lose the right to distribute h264 as a consequence.

    I understand SJ on this one, even if I think his "thoughts on flash" are utter and complete bullshit for the most part.

  18. Does he know something we don't? by Aldenissin · · Score: 2, Funny

    Bubbe, I probably know a lot you don't.

    --
    Like a city whose walls are broken down is a man who lacks self-control.
  19. Rubbish by Macka · · Score: 4, Insightful

    This makes no sense to me. Lets run with your thought experiment for a moment. Google release a blinding implementation of VP8 support in Chrome next week, then FF and Opera pick it up and release browser updates the week after. Somehow, content providers decide this is a great idea and they all jump on the VP8 band wagon. How does this hurt Apple? What's to stop Apple from adding it to OS X and the iPhone OS along side H.264 and supporting both. How does this give google some kind of competitive edge over Apple that would make Apple "terrified"? They both have full access to H.264 and related tools today, so nothing would change with adoption of VP8: the status quo is maintained. You're just trying to blind people with FUD.

    1. Re:Rubbish by node+3 · · Score: 4, Insightful

      Somehow, content providers decide this is a great idea and they all jump on the VP8 band wagon. How does this hurt Apple?

      It doesn't. But it does hurt the theory that Steve Jobs is out to control eveyone's minds and only Google can stop him, and as such, he is perpetually afraid of Google and is out to destroy them at all costs.

      Facts and reality need not apply.

    2. Re:Rubbish by quantumplacet · · Score: 2, Interesting

      nowhere did he say it would hurt apple as a company, or give google a competitive edge. what he did say, and that it you made no attempt to refute, is that it would hurt apple's and microsoft's attempts to push proprietary codecs as standard.

    3. Re:Rubbish by dangitman · · Score: 2, Insightful

      what he did say, and that it you made no attempt to refute, is that it would hurt apple's and microsoft's attempts to push proprietary codecs as standard.

      I don't think that Apple and Microsoft have any particular interest in "pushing" H.264 simply because it is proprietary. Rather, it is a CODEC that is widely supported, and in particular has many mobile devices that include hardware decoding support. It also benefits from being pretty clear from a legal perspective with respect to patents. Neither Apple or Microsoft gain anything from it being proprietary.

      --
      ... and then they built the supercollider.
    4. Re:Rubbish by westlake · · Score: 2, Insightful

      Lets run with your thought experiment for a moment. Google release a blinding implementation of VP8 support in Chrome next week, then FF and Opera pick it up and release browser updates the week after.

      When does VP8 hardware support reach consumers?

      In mobile devices? Camcorders? PCs? HDTVs and the set-top box? Not next week. Quite probably not even next year.

      Where are the editing tools for both the pro and the amateur?

      Meanwhile the installed base for H.264 grows exponentially.

    5. Re:Rubbish by Concern · · Score: 2, Interesting

      I have an answer, though who knows if this is true.

      Microsoft loathes Linux and will do anything in their power to destroy it. In the long term, they may even believe it is as big as or a bigger threat than Apple. They have long loved that the problems around proprietary codecs created a barrier to entry for free software platforms. Eventually Ubuntu and others institutionalized workarounds for these (binary codecs and separate distribution), but there are legal problems associated with this. Flash was really annoying for them - because it ate WMV's dinner, AND Adobe supported Linux, yuck. At least they had the good grace to do it badly. But that was nothing. Now HTML5 will allow Linux to support itself, and be a first-tier web multimedia client. Unacceptable! They will do almost anything to stop it. Patent threats are rule #1 in their anti-competition playbook. So understanding that bit's easy.

      What's interesting is that now Apple is in the same boat as Microsoft. This is a bit of a conceptual challenge for many of us who grew up with them as the hapless underdog, but those days are over. And Apple now loathes Linux even more than Microsoft. Or to put it another way, they loathe Android, Ubuntu on PC's and netbooks and you name it. Steve Jobs considers the smartphone and portable space his personal playground, but really anything that creates an alternative for Windows and RIM switchers other than Apple has a giant target painted on it, as far as he's concerned. And look at the numbers. Linux is his only serious competitor in mobile (going forward), and could be in other segments before long...

      Steve's dream is to out-Bill Bill. He sees the day coming when he will have hundreds of millions of users locked in his proprietary platform, and he means to get them and keep them, by any means necessary.

      The two giants fear and hate the idea of competition from free software (and google's vision of open standards) so much that they are willing to abandon some of their own failing codec ambitions (major corporate ego hit and major dollars written off) and team up on h264 rather than fail individually and let an open codec win.

      It looks like Google was rooting for Ogg Theora to be the one defacto HTML5 codec "that works on everything." They see an advantage in conclusively ending MS, Apple, and Adobe's grip on the client. Why, is a whole question in itself. But they apparently do, and with control of Youtube, they are in a position to really move the needle in terms of codec marketshare.

      Apple and MS were furious, but what could they do? Well, fucking with the HTML5 standards process for one, but that was just a delay tactic. Google can get cooperation from FF, and ActiveX makes IE* vulnerable to HTML5 support via plugin. So they will eventually get what they want in the browser space.

      But the patent threats are another story. I'm guessing Google has done their homework and determined that the patent challenges against Theora could succeed, or at least would be so ugly and expensive and prolonged that it might be cheaper to buy a good commercial codec (VP8) and release it free to the world. Of course in the magical and nebulous world of software patents, they can still get sued regardless - because every single non-trivial piece of software violates thousands of software patents, but they must feel their legal position will be much stronger there. So, legal bean counting?

      That, and I imagine considerations such as whether VP8 is actually a better codec than Theora might occasionally come into play. :)

      --
      Tired of Political Trolls? Opt Out!
    6. Re:Rubbish by Cajun+Hell · · Score: 4, Insightful

      It's the likes of Mozille, Xiph and the FSF that are putting the breaks on HTML5, to the great benefit of Adobe's Flash... Others have offered their support for HTML5 with H.264 video, and without the attempts to frustrate it's use, it would be a widely accepted standard by now.

      Emphasis mine. Uh, was that a typo? You probably meant to say "US Congress" because it sure as hell isn't Mozilla, Xiph, or FSF who insists that nobody in US is allowed to implement H.264 without first asking for permission. That's the nature of patent law, and in US, Congress is who is responsible for that.

      The FSF prefers to be anti-pragmatic

      Software patents are anti-pragmatic, and again, that's not FSF's fault. You've got one of the most powerful governments in the world telling programmers what they're allowed and not allowed to implement. That's an outrage, especially in the so-called "land of the free," so maybe focus your anger where's it's deserved.

      --
      "Believe me!" -- Donald Trump
    7. Re:Rubbish by Draek · · Score: 4, Insightful

      I don't think that Apple and Microsoft have any particular interest in "pushing" H.264 simply because it is proprietary.

      Yes, they do. The higher they raise the barrier to entry of the particular market, the lower the chances of having a new Google leaving them hanging as it happened with the web market.

      It also benefits from being pretty clear from a legal perspective with respect to patents.

      Not really. That Apple et al own patents over h.264 doesn't mean there's nobody *else* owning patents over it, as so many Microsoft and Apple products have shown these past couple decades.

      --
      No problem is insoluble in all conceivable circumstances.
    8. Re:Rubbish by dangitman · · Score: 2, Insightful

      Yes, they do. The higher they raise the barrier to entry of the particular market, the lower the chances of having a new Google leaving them hanging as it happened with the web market.

      How would Google "leave them hanging" by releasing a video CODEC as Open Source? Apple and Microsoft could just use that, seeing as it is Open Source.

      Not really. That Apple et al own patents over h.264 doesn't mean there's nobody *else* owning patents over it, as so many Microsoft and Apple products have shown these past couple decades.

      But being a "patent pool" composed of the major players in the industry means that you'd have to be pretty wealthy or ballsy to go up against them.

      --
      ... and then they built the supercollider.
    9. Re:Rubbish by Arker · · Score: 2, Insightful

      Because Apple and Microsoft are pushing patented, unfree "standards" as a way of raising the barrier to entry to the market. You see, in a free market, the price of goods approaches the cost of their production, which means profit margins tend towards the minimum. Both companies seek to avoid this by raising the barrier to entry to exclude competition. Since the main competition they fear is from free software, they dont even need to raise it very high in monetary terms to lock out their competition and wallow in monopoly rents. Even nominal royalties lock out the competition, which is why they are indeed desperate to get patented technologies adopted as standards in every field possible.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    10. Re:Rubbish by dangitman · · Score: 2, Insightful

      Because Apple and Microsoft are pushing patented, unfree "standards" as a way of raising the barrier to entry to the market. You see, in a free market, the price of goods approaches the cost of their production, which means profit margins tend towards the minimum. Both companies seek to avoid this by raising the barrier to entry to exclude competition.

      But neither Microsoft or Apple owns H.264, and the cost of licensing is close to zero (and is actually zero in many cases) so this argument makes no sense. How is H.264 a barrier to entering the market?

      --
      ... and then they built the supercollider.
  20. Re:That Steve was a nice fellow once... by Jackie_Chan_Fan · · Score: 4, Informative

    Steve jobs has NEVER been a nice fellow. :)

  21. Re:Sensationalism by Pinky's+Brain · · Score: 2, Interesting

    This isn't about Xiph ... this is about Google.

    Apple is in a very similar position as Microsoft was a while ago, and they are using the EXACT same playbook ... FUD.

  22. Re:Steve Jobs is different; he is abusive. by Korey+Kaczor · · Score: 4, Funny

    Steve Jobs walks into a coffee shop and finds a college-aged student drinking chai, busily typing away on a laptop in front of him on the table.

    "Hey, kid, what's up?" Steve Jobs flashes a big smile, and extends his warm, friendly paw.

    The college kid looks up while sipping on his drink, and for a moment does not register his messiah, until he does a double take and spills chai down his shirt.

    "Wow! It's really Steve Jobs! I hope you heard my prayer last night!"

    "Um, yeah..." Jobs says, affirming the question with a hint of confusion. "Look, I'll give you an iPod, signed with my name on it, if you give me your liver."

    College student's eyes widen. He can barely contain his excitement, and he manages to mutter a weak "yes" before passing out from his sheer spiritual bliss.

    The next day, Steve Jobs woke up for the first time in a long time, ages in fact, free from jaundice and a new hankering for a few shots of Malibu, and was last seen leaving a box that said "i-p-p-p-p-p-pod" on a grave in a cemetery.

  23. Re:I know how the next codec standard will be chos by Anonymous Coward · · Score: 3, Interesting

    The porn industry chooses its standards. Everyone else follows.

    It's interesting how often this myth gets repeated. If anything, the porn industry went with HD DVD in the high definition disc format wars. And we all know how well that worked out:

    http://arstechnica.com/old/content/2007/01/8602.ars

  24. When does MPEG1 become free and clear? by starseeker · · Score: 2, Insightful

    I know it sucks by modern standards, but the claim that "all video codecs are covered by patents" is a bold one to make - surely MPEG 1 is either at or close to the end of its patent life (at least in the US)?

    http://en.wikipedia.org/wiki/MPEG-1

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  25. Steve's shine seems to be dulling by ClosedSource · · Score: 2, Funny

    Did someone destroy Basil Hallward's painting of him?

  26. Re:I look forward to contributing to the fund by squiggleslash · · Score: 4, Interesting

    I'm about 99% sure that Apple does, indeed, own H.264 patents.

    The various *LAs are licensing consortiums. They don't own the patents they license, they're authorized to license them (and then only in limited ways) by the patent holders.

    Steve Jobs would indeed know if there was a group assembling a patent pool to "go after" Theora. And from what I've read of Xiph's attitudes to patents, I suspect they have a case. It'll be interesting to see.

    (Maybe this'll help Dirac, which in many ways is a more promising codec, and has the advantage that the BBC did quite a bit of work on making it "Free")

    --
    You are not alone. This is not normal. None of this is normal.
  27. Re:I know how the next codec standard will be chos by santax · · Score: 2, Insightful

    Well that might have been the case with betamax over video2000, but Sony chose blue-ray... When they brought out the PS3. And that's why blue-ray is the format these days. And no, there was no porn on it... Then again, I only know people with a ps3 that actually use blue-ray. Dvd is fine. Back in the old days, there was no internet where you could get your porn. Big difference there.

  28. Re:Sensationalism by AHuxley · · Score: 5, Insightful

    Open source codecs hurt the Apple MPEG LA connection.
    Everybody loves the manual prices, codec prices, lock in cash flow feel and Theora "like" lock out.
    Apple, Real, MS ect all seem to want a codec to lock in developers and milk them at some workflow level eg. color correction, production software ect.
    The idea that some free blog could set you up with a "good enough" Linux/Mac/Win guide to shoot 720/1080 HD media, edit, encode it and give/broadcast/sell to the world is just wrong to Apple, MS ect.
    You should be buying Apple or MS low end software, learning via student discounts and then walking in and buying $1000 to 10000+ worth of software to start and then think about itunes ect to sell your art.
    Theora is the main threat to this. People have the creativity, low end HD cams, friends, a codec and the web.
    Nothing is stopping them from bypassing Apple, Hollywood, MS ect. and going to the consumer except a good free codec for real world web "sharing".
    You still need a CC system for payments ;)

    --
    Domestic spying is now "Benign Information Gathering"
  29. Apple is evil by Angst+Badger · · Score: 5, Insightful

    I've often made the argument that Apple is far more evil than Microsoft in terms of pursuing vendor lock-in and coercively leveraging one product in order to drive sales of others to the detriment of real competition; the only thing that held Apple back was that it blew the marketing battle against Wintel a long time ago. Now that their fortunes are on the rise again, we can reasonably expect to see Apple flex its muscles in ways that are just as insidious as Microsoft during its rise to dominance. This being one of those occasions, I'll say it again: Apple was innocuous for so long because they simply didn't have the market share to abuse their customers (much).

    Now, for the other half of this endless loop, I'll yield the floor and let the usual crowd of Mac fanboys explain to us how Apple's predatory stance towards Open Source is really insanely great. (And really, this should be a great occasion for nostalgia, since the release of the iPad gives Apple fans the first chance they've had in several years to argue that preemptive multitasking -- or, in this case, any multitasking -- is actually a good thing.)

    --
    Proud member of the Weirdo-American community.
    1. Re:Apple is evil by bm_luethke · · Score: 3, Insightful

      It's not the first time this scenario has happened - frankly it feels a great deal like the days of the early Macs.

      I recall the first Mac I ever saw - I was in high school and a friend had just purchased one (upgrading his Apple IIe), I do not recall which Mac it was but was the top of the line at the time. All of us oohed an ahhed over it. Indeed, it was one of the slickest things I had ever seen. I wanted one so bad I couldn't stand it but I (even with my parents help) just could not afford one so I settled for a PC (the 486's had just come out and I got one of those - over 3500 for it but the mac topped 5k). The friend with Mac talked about how great it was, look how stylish, how great the graphics were, how responsive the GUI (Whats a GUI says I? I have dos 4 something!) and it was all true.

      But then slowly reality set in, though it did take a couple of years. His emulator would play nearly anything he wanted but my hardware progressed in ways Apple didn't see fit with their "vision" so emulation didn't really work. As we both started learning about these things called computers I started being able to do loads of things he couldn't. Prices for my devices quickly fell, his didn't. Access to new devices were quick on mine, not on his. My hardware adapted to my vision, his required him to adapt to Apples.

      Apple came along with both the iPod and iPhone and made something people could brag about from all points of the road. They could often say "I can go do this - can you?" and all but the Blackberry users would slink off (and those users didn't care and still more often than not do not - the blackberry is a tool, not an entertainment device). They found the perfect time for their vision to be the best out there. Now time has moved on, heck even in the time since I purchased my Moto Droid it has drastically changed. From an anecdotal point of view my boss with his iPhone has gone from jokingly pointing out all he can do that I can't to seeing a thing or two I regularly do that he can't (along with most of those things I couldn't my phone now does). From a somewhat less anecdotal point if view (but still more anecdotal than not) I simply watch when I sit in a busy terminal in an airport and note what phones people are playing with. A few months back and I was the only Android device - now not so much. Last trip I counted 10 iPhone devices (or rather iPhone like ones - I noticed two that got downgraded to iPod touches when they brought out their blackberrys - I do not know them well enough to tell them apart) and 6 Android ones.

      Apple has always self imploded when the market place exceeds their vision. They have almost always been good about filling voids and making niche markets mainstream - they have been bad about fulfilling those needs over a long term period. For those whose wants coincide with their visions Apple is the perfect company - nothing wrong with that. Even today the Mac is the preferred tool for many graphic professionals for this reason (though some of their arguments are a holdover from the past, many are not). But for normal everyday people having the person next to you do something wanted with their device that you can not do makes them want it. Microsoft and the PC won out back then from that and slowly moved away from it due to market dominance. Even then Microsoft can't take the truly draconian stance Apple does (see Vista and few purchasing it).

      They (Jobs in particular) have never understood that the stronger they try and control a thing the less control they have over it (yea, I know I'm mostly quoting Star Wars here and comparing him to Vader - yet in this case rightfully so). A company that understands they have to be flexible yet still have their vision will win over them in the long run. Will Google win over them? Hard to say, they are in a similar position to Microsoft in the early 90's. No one phone is going to be the iPhone killer any more than we can point to the Mac killer. It will not be the Motorola Droid, HTC Incredible, or the yet to be announced DFC

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    2. Re:Apple is evil by thoughtsatthemoment · · Score: 2, Informative

      The one big thing I do have to give Apple credit for is improving KHTML and releasing their changes back to the community as WebKit, which is now used in many things.

      KHTML was GPL/LPGL licensed so Apple didn't have a choice.

  30. Re:I know how the next codec standard will be chos by u38cg · · Score: 3, Insightful

    Nope. Porn went for VHS: it was more prosaic economics that did it for Betamax. Porn hasn't created the One Streaming Format yet, either. The porn industry went for HD-DVD over Bluray, an expensive mistake. The one thing they've done right is accepting and working with piracy to increase the size of the market.

    --
    [FUCK BETA]
  31. Push into Android how exactly? by SuperKendall · · Score: 2, Insightful

    They need to move fast, clean VP8 up and push it into Chrome, Android and youtube

    And then Android battery life starts horribly suffering due to lack of hardware support. Sounds like a winning idea!

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Push into Android how exactly? by roca · · Score: 2, Informative

      Sure: http://hacks.mozilla.org/2010/04/theora-on-n900/
      That C64x+ DSP is present in the Droid, N900, Palm Pre, and iPhone 3GS, among others.

    2. Re:Push into Android how exactly? by drinkypoo · · Score: 2, Insightful

      They need to move fast, clean VP8 up and push it into Chrome, Android and youtube

      And then Android battery life starts horribly suffering due to lack of hardware support. Sounds like a winning idea!

      Do you know enough about VP8 to tell us whether it's possible to accelerate it with hardware found in OMAP3, or perhaps, OMAP4? If so, please elucidate. If not, please stop "sharing" your snark or my boojum will eat him.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  32. A response from Xiph's Greg Maxwell by Anonymous Coward · · Score: 5, Informative

    Here's the perspective of Greg Maxwell from Xiph on Steve Jobs' claims:

    http://lists.xiph.org/pipermail/theora/2010-April/003769.html

    1. Re:A response from Xiph's Greg Maxwell by sl3xd · · Score: 2, Informative

      Apple dropped ZFS from Snow Leopard because they were worried about getting sued by NetApp, so there's some merit to the argument that Apple may simply be avoiding a lawsuit.

      Google supports Theora development, and Google is a pretty juicy target, too... so it doesn't quite add up there.

      The place I do think it does add up is simple: MPEG is an ISO standard, and H.264 is also an ITU standard. It has very broad support and many, many implementations.

      Ogg more or less a self-proclaimed standard, with much of it designed by fiat (and by one man), with few implementations other than Xiph's own references (which, being BSD licensed, are simply copied into other products). As I recall when VP3 was donated to Xiph, a bit part of the reason was to spite the MPEG-LA and ISO, because they didn't choose VP3 (and On2 would never get patent royalties). It was sort of a 'poisioning the well' sort of deal.

      Don't get me wrong; the Xiph codecs are excellent, and Monty is exceptionally good. But supporting the Xiph codecs makes only a little more sense (due to their openness and patent-free status) than supporting Sorenson, VC-1/Windows Media, Real, or VP8 (rumors of Google freeing it notwithstanding; it ain't happened yet.)

      They work great; but MPEG-4 and H.264 are ubiquitous, well documented, etc. There are advantages to limiting the number of supported codecs.

      --
      -- Sometimes you have to turn the lights off in order to see.
  33. Re:Steve Jobs is different; he is abusive. by socsoc · · Score: 3, Informative

    It's from a 419 scam bait prank. P-P-P-Powerbook

  34. Re:That Steve was a nice fellow once... by Bing+Tsher+E · · Score: 2, Informative

    At the very beginning of Apple he was the Eddie Haskell. Woz was the nice fellow.

  35. They've nearly always been more evil by Sycraft-fu · · Score: 2, Insightful

    Every since they were the "Jobs" Apple. Initially, Apple was the "Woz" Apple. Products centered around what he, as a geek, liked. Jobs just marketed them (and marketed them well I might add). However that lasted only until around the mid 80s. Then the "Jobs" Apple took over.

    Well that Apple has always been about control, about lock in. They want to tell you what you are going to do on your computer. When you want more power, they want you to throw it away and buy a new one. They will tell you what technologies to use and when the decide one is obsolete (like ADB) they'll just drop it and leave you to struggle or purchase new equipment. It is their way or no way.

    I don't see any change in Apple behavior now that they are popular again, they've nearly always acted this way. It is just more people are noticing, and people who aren't so accustomed to it. The hard core Mac heads are used to what Apple does, since that's how they've always done it. They either accept it, or rationalize it. The thing is, now we have people buying Apple gadgets because they are shiny and trendy. However they are not so used to this "We are going to tell you what it is," idea.

    Personally, I say if you don't like it, don't shop Apple. You don't lack for choices in the tech market. If you disagree with their strategies, go elsewhere. I do not at all care for the way they do things, so I own no Apple products. This is no great loss to me, I'm not excluding myself from anything I want. I love my computer, I love my Blackberry, I've got the devices I want that do what I want. I can live with the fact that they aren't trendy.

  36. Re:I look forward to contributing to the fund by Anonymous Coward · · Score: 3, Informative

    I'm about 99% sure that Apple does, indeed, own H.264 patents.

    Don't settle for being 99% sure - go and check:
    http://www.mpegla.com/main/programs/AVC/Pages/PatentList.aspx

    Apple owns one patent licensed through the h264 pool, "Using order value for processing a video picture", US 7,292,636.

  37. Re:Okay, prove it by Sabriel · · Score: 2, Insightful

    Perhaps if they looked and avoided them they wouldn't have anything to worry about?

    As noted in the summary, the patent holders seem keen to insinuate that you simply can't do video codecs without infringing on their patents, without actually saying so plainly.

    As noted in the summary, Jobs says 'a patent pool is being assembled to go after Theora and other "open source" codecs now' - and I read "go after" as "attack", because that's what it is.

    Perhaps if we didn't allow asshats to decide they can control the use of mathematics, to decide they can use patents as weapons, we wouldn't have this sort of crap to worry about.

  38. Re:Steve Jobs is different; he is abusive. by MindlessAutomata · · Score: 5, Funny

    I've always been a PC at heart.

    Not like the rest, the others. Everyone around me. I was at odds with my society and knew it early since birth. Unlike them, I did not "Think Different!"--the mantra of the Macs around me, the phrase on all the billboards in the city that served as a reminder to its citizenry. Sameness pervaded the essence of my being and no amount of self-conditioning I did could change that. Eventually, I gave up and isolated myself emotionally from society.

    I gaze at the faces going by, the white earphones contrasting their black turtlenecks, connecting their ears to their pockets, their blank faces engrossed in hip Indie rock music and various garage bands. I envied them for their perfection against my flaws and my compulsive nature to expand, to burden my life with troubles instead of remaining, like them, simple and easy to deal with. The grandest of virtues, simplicity... the philosophy by our loyal benefactor Steve Jobs, who descended from the heavens, creating the Earth, the iron, the wind and the rain. Steve Jobs, who defined the parameters of existence, the one who set about the patterns of reality, the constants, the variables. He who made gravity, electromagnetic energy, and shaped atomic structures and brought forth motion. From these things, he crafted the elements, processed them, refined them, and from these things engineered Apple products through the purity of his mind. Each Apple product was individually crafted by his own hands with the programming code used to run each device having being compiled in his brain and uploaded to each device telepathically, breathing life and perfection into each and every unit.

    Except, it seems, for me, for I was not among the many. I was a PC. They were Macs. I've always been a cold, stiff person. I got by, disguising myself by keeping my non-Ipod music player safely out of sight, which I use because of my depraved nature demanding more functionality than the simple and easy-to-use Ipods have to offer.. In the safety of my own home, behind locked doors, I ran a Forbidden, a contraband computer from more depraved, earlier days that was not given the love and blessing of being birthed by Steve Jobs. I dual booted, out of the great sin of curiosity-- curiosity, a shameful value of a PC, as curiosity has no place where simplicity matters most--using two of the great unutterable blasphemies-- something called "Windows Vista" and something else called "Linux." Although, as I mentioned before, although my tendency to be a PC and towards conformity has always been inherent to me, I was truly transformed when I found these old things in a hidden cache of computer parts predating The Purging. Perhaps the greatest sin of all, the single evil that, if discovered, would damn me forever, was the fact that my mouse had more than one button.

    As I walk among the Macs on the streets, passing the Starbuckses as I went along, I wondered how it all came to this. I glanced at The Holy Marks on the foreheads as the people wandered down the streets, the Bitten Apple tattooed on all our of us at birth, and wondered if, perhaps, there could be something more to life. But again, this was a PC's thought, and not, like everyone elses', a Mac's. We were to hold ourselves to the philosophy of Steve Jobs--so as his products were designed for idiots, so too were we to be idiots. But I was not a Mac--I was not an idiot. I was simply too complicated to be a worthwhile person.

    Nature called. I found a nearby public iPoo--squeaky clean and sparkly white, things weren't all bad--and let myself go, expelling the waste that had accumulated inside me. After relieving myself and committing the overly-complicated and thus illegal act of wiping my ass (I did not flush as iPoos, designed to be idiot-proof, did not flush) I left and once again wandered the streets aimlessly, hoping to find some meaning in a world where I simply did not belong, a world where if my true nature was discovered, I would be endlessly persecuted by smug, self-righteous sons of bitches.

  39. Lots of patents by electrostatic · · Score: 3, Informative

    From your references, the AVC/H.264 Patent List is a 49 page pdf file. Each page shows about 10 to 20 patent numbers, or around 700 by a quick calculation.

    Interestingly, Apple has only one patent.

  40. Re:Steve Jobs is different; he is abusive. by ScrewMaster · · Score: 5, Insightful

    Dude you forgot to include the joke as well.

    I disagree. I thought it captured the essence of both Jobs and his followers rather well. Now, if you happen to be one of those followers, you probably found the post much less entertaining.

    --
    The higher the technology, the sharper that two-edged sword.
  41. Re:Sensationalism by node+3 · · Score: 2, Insightful

    This isn't about Xiph ... this is about Google.

    Apple is in a very similar position as Microsoft was a while ago, and they are using the EXACT same playbook ... FUD.

    Attacking Theora is an attack on Google how exactly?

  42. ZOMG OSS *KNEELS* by GameboyRMH · · Score: 4, Interesting

    Oh wow they have some open source stuff, just like Microsoft, they're totally absolved of all those entirely unrelated things I talked about in my post, oh how wrong I was about them, they're total saints because the core of their OSes and some other doodads are open source.

    If robots running OSS destroy humanity I will rejoice, for our death would be righteous.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  43. Re:Sensationalism by bheekling · · Score: 4, Interesting

    All video codecs are covered by patents. A patent pool is being assembled to go after Theora and other “open source” codecs now

    (emphasis mine)

    Google recently acquired On2 and plans to Open Source the VP8 codec.

    --
    "..."
  44. You snooze, you lose by tepples · · Score: 3, Insightful

    We don't know for sure, but H.264 is in such wide use that any patent holder would either have asserted its patents or risk having its claims estopped by laches. (Laches is legalese for "you snooze, you lose.") Theora doesn't have this advantage.

    1. Re:You snooze, you lose by FrostedWheat · · Score: 4, Informative

      Theora (or rather the VP3 codec) is older than H.264 by about 3 years.

  45. Re:The world is upside down... by Kristoph · · Score: 2, Insightful

    I hate to burst your bubble ..

    - Apple has no significant H. 264 license and has no grounds to sue anyone related to Theora. Apple is saying they know litigation is pending by a 3rd party.

    - Apple permits writers and publishers the ability to set their own eBook prices. The market defines the prices.

    - The Apple engineer who lost the iPhone remains employed by Apple.

    - Flash sucks right, we all agree to that, we all think it should die? Apple starts 'battling it' and it's evil?

     

  46. Re:All Patents Terminate by russotto · · Score: 2, Insightful

    1. All patents cease to have proprietary ownership 20 years after their filing date. Thus some will easily go out of date in the next 5-10 years.

    Would work if the patent office was competent. They're not; they're happy to accept multiple patents on the same thing (there were at least two LZW patents, and run length encoding has been patented many times).

    3. ANY patent may be challenged by showing prior art that is demonstrable from a date prior to the patent filing and paying a small nominal fee for reexamination. This is the "silent patent killer" that every patent holder fears. This can come from a published piece of information from ANYWHERE in the world. It can come from privately developed and non-public sources, too, if it can be substantiated, if I remember right (such as in an invenstion documentation book).

    When a prior art claim is evaluated, the standards are ridiculously stringent. Any small difference between the prior art and the patent means the patent stands. On the other hand, when a device is evaluated for infringement, the standards are quite broad; little differences don't count.

    6. Any open source creator for something like a video codec better have one heck of a good patent attorney firm that can give real world advice on patents from day one.

    The only advice the attorney would give is "don't". There's no point in consulting a lawyer unless you _want_ to kill the deal.

  47. Re:H.264 is not proprietary by Anonymous Coward · · Score: 3, Insightful

    You're legally prohibited from implementing H.264 except with permission of the people who own it. That's about as proprietary as something can possibly get.

    If there was a codec with no documentation whatsoever, just binary-only implementations - that could still be more open than H.264, because the only obstacle to implementing it would be one's ability to reverse engineer the binaries, rather than one's ability to fight off the police.

  48. Re:Sensationalism by tomhudson · · Score: 2, Interesting

    I agree 100%. Those days are coming fast, thanks to the reduced energy requirements of adding more cores compared to more complex cores. Video is one of those things that is comparatively easily parallelized. And bandwidth is getting better and better, cheaper and cheaper. 1 ghz to the curb is a reasonable goal for 2020. And considering that the average home probably has over a terabyte of storage right now, a petabyte by 2020 is probably a very conservative estimate.

  49. Some Information by sjobs · · Score: 2, Interesting

    I usually never post on here, though from time to time I do browse the site. However, some of the commenters seem to be mistakened. All video codecs are not protected by patents, as far I a know. All video codecs worth using, however, are patented. At this time we do NOT know if Theora does indeed include patented technology. The legal department here is currently looking into it. I also stand by my word and for as long as control of the company remains in capable hands, there shall be no Flash support on our mobile devices.

    --
    Sent from my Mac Pro.
  50. Re:Steve Jobs is different; he is abusive. by Korey+Kaczor · · Score: 5, Insightful

    Thanks.

    Jobs is worse than Bill Gates.... granted, both are pretty much assholes, but Jobs, I feel, is even worse. He's just lucky to be the underdog so he can look like he's fighting the bad guy.

    I don't even think (correct me if I'm wrong) that even Bill Gates stole from his #2.... Wozniak was the mind behind the Apple II and yet Steve Jobs cheats Wozniak out of money because he, Woz, was in the hospital at the time (if I have the story straight). What a great man to run a company. Hell, maybe he can be an "innovative" CEO by asking potential employees if they're virgins or not! Think Different!

    Apple's R&D, marketing, and innovation is far better than Microsofts, and that's undoubtedly true. But the way they act, their soviet style secrecy, suing fans of theirs who leak material simply because they love Apple's hardware and software, disgusts me. They're worse than Microsoft and as bad as MS is, I'm almost glad they were the monopoly we got in the 80s and 90s and not Apple Computers.

    Plus Apple gets it a bit easier, with them taking the backbone of their O/S from FreeBSD.

  51. Re:That Steve was a nice fellow once... by linhares · · Score: 2, Insightful

    I think the line "don't go all Howard Hughes on us" qualifies for the meme of the year.

  52. Companies will be companies by h00manist · · Score: 2, Insightful

    Microsoft was the "modern, young, alternative" to IBM. Then Apple, then Next, Google, and so many others. It's pointless - companies are run for profit, and letting opportunities for profit pass is not what they do. Morality or legality of actions is an issue, but the profit is quite the issue. The alternative would be for us to give our money to open source programmers, but we keep shooting our feet and not doing that.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  53. Ready, fire, aim! by Whuffo · · Score: 3, Informative

    I can't believe what I'm reading here today. The video codec "war" is over; Google doesn't really even have a horse in the race. Apple devices support H.264 and Microsoft is putting it into the next IE version. Between Apple and Microsoft that covers an overwhelming majority of the video players and that's what any sensible web site will be using to encode their video files.

    VP8 may be very cool and Theora is nice, too. But see the above and realize that even if all of the "me too" web browsers use open source codecs exclusively they'll insure that they'll remain a "me too" browser. I'm sure that the Firefox users here (like me) have noticed the (still) large number of web sites that are reduced in function or unusable to that browser. If those sites can't even be troubled to write HTML that works on all browsers, what makes anyone think they'll maintain multiple copies (encoded in multiple formats) of each video file so that when some uncommon / open source web browser comes along it'll be able to view the videos? Even mighty Google isn't in a position where they can force a video codec on us.

    If open source zealots want to engage in battles like this, they need to pick their battles better. And those intellectually dishonest postings trying to blame Apple for the way things are don't serve anyone. Put some of that time and effort into making a difference instead, OK?

    Here's something to think about: is it possible to write a codec that plays H.264 files without infringing any patents? Don't assume it's impossible - it could very well be possible and that could lead to an open source codec that is compatible with what the big boys use. That's a worthy goal; who's going to give it a try?

  54. Apple against freedom by Anonymous Coward · · Score: 2, Insightful

    Stop feeding this troll already. By buying Apple products you essentially finance a war against your freedom.

  55. Re:To hell with those codecs; the real story here by Super_Z · · Score: 2, Informative

    Xserves are hardware, Sun Messaging Server is a piece of software written in C.

  56. Yes, only he can see than dancing fairies by xiphmont · · Score: 4, Interesting

    As a Theora developer, this is news to me. Would you mind mentioning who this buddy is so I can go back through my mail queue and verify that you're just making shit up?

    I know you're lying, as regardless of what our response would have been it most certainly would _not_ have been, "ssshhh don't tell anyone".

  57. Feb 27, 2009 by troll8901 · · Score: 2, Informative

    Dup post! You've already posted this a mere 428 days ago!

  58. Re:Sensationalism by tomhudson · · Score: 2, Interesting
    At some point, it's just "good enough."

    We can put linux in a watch - but for most, a laptop is "good enough."

    Same thing with TVs - the 27" color TV was the staple for a whole generation - and it went from almost the price of a new car to $200 during that time (and there are still all those people who haven't moved on to hi-def tv).

    Yes, doubling the screen size was nice, but I'm not trading in my 50" for a 100" any time soon - where would I put it? That's becoming a problem. Same as you can only cram so many screens (or a screen of a certain size) on your desk. Do you really want to have to stand while working on your computer, like those faked interactive screens on the TV crime shows?

  59. Lack of competition? Really? by sourcerror · · Score: 2, Interesting

    The MPEG-LA has insinuated for some time that it is impossible to build any video codec without infringing on at least some of their patents.

    Then I guess it's time for some anti-trust litigation ...