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Ars Thinks Google Takes a Step Backwards For Openness

An anonymous reader writes "Over at Ars Technica, Peter (not so) Bright gives a long-winded four pages of FUD about how Chrome dropping support for H.264 is a slight against openness. 'The promise of HTML5's video tag was a simple one: to allow web pages to contain embedded video without the need for plugins. With the decision to remove support for the widespread H.264 codec from future versions of Chrome, Google has undermined this widely-anticipated feature. The company is claiming that it wants to support "open codecs" instead, and so from now on will support only two formats: its own WebM codec, and Theora. ... The reason Google has given for this change is that WebM (which pairs VP8 video with Vorbis audio) and Theora are "open codecs" and H.264 apparently isn't. ... H.264 is unambiguously open.'"

663 comments

  1. Summary sucks. by grub · · Score: 5, Insightful


    Peter (not so) Bright gives a long winded, read 4 pages of FUD

    I come to slashdot for the articles but stay for one-sided submission summaries.
    Not that I support Google's move but, come on, this is summary is a troll unto itself.

    --
    Trolling is a art,
    1. Re:Summary sucks. by syousef · · Score: 4, Funny

      Peter (not so) Bright gives a long winded, read 4 pages of
      FUD

        I come to slashdot for the articles but stay for one-sided
      submission summaries.

      Not that I support Google's move but, come on, this is summary is a
      troll unto itself.

      Yeah, completely unprofessional. But think of the possibilities. Billy Poohead Gates. Steve Monkeyboy Balmer. Steve Head Jobs (not to be confused with Richard Head Stallman). And that's just the start. We could give them all silly immature nicknames and ourselves a big pat on the back. All we need to do is lose some brain cells (alcohol will help with that) and act like 12 year olds (no help required)

      --
      These posts express my own personal views, not those of my employer
    2. Re:Summary sucks. by grub · · Score: 5, Funny


      I'm waiting for some new virtual reality gimmick to hit when "Web 3.0" comes around in the future.
      Slashdotters with 11 digit UIDs will hear a virtual doorbell, open a virtual door and see a virtual flaming paper bag on the virtual doorstep.

      All the while a real 30 year old virgin in his mom's real basement is hiding in the virtual bushes watching the victim's avatar stomp the virtual bag filled with virtual dog pop.

      Man we're all a bunch of retards.

      --
      Trolling is a art,
    3. Re:Summary sucks. by krou · · Score: 0, Redundant

      In Slashdot Russia, summaries make your mind up for you.

      --
      'If Christ had tweeted the sermon on the mount, it might have lasted until nightfall.' - John Perry Barlow
    4. Re:Summary sucks. by kiwimate · · Score: 1

      Agreed. There's no call for it and there's nothing served by it. It just sounds like some petulant whiny 14 year old who wants to be a geek. Maybe that's appropriate; the more garbage I read on Slashdot the more I realize the teenagers who are dominating it today are not the teenagers of 20 years ago who were hacking in assembly on their Commodore 64.

    5. Re:Summary sucks. by Gorath99 · · Score: 2

      And inaccurate as well, at least insofar as the article having 3 rather than 4 pages.

    6. Re:Summary sucks. by houstonbofh · · Score: 1

      It works for The Register...

    7. Re:Summary sucks. by Vectormatic · · Score: 0, Offtopic

      i agree, for me this is a new low in /. editing

      FUCK you taco!

      --
      People, what a bunch of bastards
    8. Re:Summary sucks. by ifiwereasculptor · · Score: 2

      Actually alcohol doesn't kill brain cells. http://en.wikipedia.org/wiki/List_of_common_misconceptions

      I know, I'm much more disappointed in myself knowing that than when I could blame my current lack of brightness on past ethanol-fueled fun.

    9. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Have you seen the way he acts in the forums? There was a big fiasco there a few months ago because of something he said.

    10. Re:Summary sucks. by xaxa · · Score: 2

      the more garbage I read on Slashdot the more I realize the teenagers who are dominating it today are not the teenagers of 20 years ago who were hacking in assembly on their Commodore 64.

      I don't think there's that many teenagers reading Slashdot, compared to a few years ago. Only half the readers here are under 34, and the advertisers don't even bother to give the under-18 figure source.

      There are plenty of "at my work" or "at my college" posts, but not many "at school" ones.

    11. Re:Summary sucks. by DrgnDancer · · Score: 5, Insightful

      To be fair, while I haven't been around quite as long as you, I have a pretty low UID and I can't remember a time when Slashdot didn't contain it's fair share of immature prattle, tremendously uncreative insults, or pedantry. Remember when half the people here insisted on always referring to Microsoft as M$, or every single post on a mainstream press articles containing the word "hacker" had at least one, probably several, 20-30 comment threads on the difference between "hackers" and "crackers"? Sadly, we've always been retards.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    12. Re:Summary sucks. by MrHanky · · Score: 1

      Why? Slashdot's summaries are almost consistently wrong.

    13. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Totally. I won't name who the 'anonymous' author of this post is, but I'm certain its the cheif spammer of Ars' Battlefront forum, a stunningly idiotic figure who makes even the most anti-Apple folk cringe a little.

    14. Re:Summary sucks. by grub · · Score: 5, Funny


      I recently turned 45 and still post the occasional goatse link. Slashdot has damaged me more than had I been a heroin addict all these years.

      I've given up all hope at recovery and now embrace my slashdot-induced retardedness. It's like a tattered, smallpox infected blanket on a cold day.

      --
      Trolling is a art,
    15. Re:Summary sucks. by operagost · · Score: 2

      That being said, Peter Bright really isn't a stellar example of technical competence. I had the misfortune of being involved in OS discussions in the Battlefront forum back in the early 2000s and he was a hardcore Windows nut.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    16. Re:Summary sucks. by geekoid · · Score: 1

      I've been here for quite a while(this is my 3rd UID) and it's always been immature prattling. From similar comments as those in the post to long winded posts about grits.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    17. Re:Summary sucks. by Anonymous Coward · · Score: 0

      "alcohol doesn't kill brain cells...," people do.

    18. Re:Summary sucks. by Ugot2BkidNme · · Score: 1

      I have to agree there. Although usually not in the article summary some comments have always been, and always will be, bordering on childish.

    19. Re:Summary sucks. by marcello_dl · · Score: 5, Insightful

      There is only one side.
      Bright says the move is against openness because h264 was developed in the open.
      I posit that that's irrelevant if the source is open if patents prevent you to doing anything to it.
      Developing patent encumbered projects in the open is a great idea because: 1. more eyes means more testing. 2. more eyes means that it's easier to sue competitors who might or might not have looked up the source because the source is freely available.

      So software patents, which were born for the main reason of letting big corps use for software market the same tactics they employ in real markets , have the added bonus to make open source more evil than closed source.

      The only questions that matter are: is that software free or encumbered? - If it's encumbered is it worth the hassle?
      In the case of h264 you have:
      - big market share
      - current market share being irrelevant in two years' turnaround time
      - minor advantage in efficiency
      - minor disadvantage in decoding efficiency against theora when dedicated hardware is not present
      - being tied for the rest of your material's life to MPEG LA decisions :"The [street-smart] people at MPEG-LA have made sure that from the moment we use a camera or camcorder to shoot an mpeg2 (e.g. HDV cams) or h.264 video (e.g. digicams, HD dSLRs, AVCHD cams), we owe them royalties, even if the final video distributed was not encoded using their codecs!" source

      The last point kills it for me, and after SCO trial I think that being paranoid on these issues is not a bad idea. YMMV.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    20. Re:Summary sucks. by BlueBoxSW.com · · Score: 1

      Personally, I like to try to predict what the comments will be before clicking the link to open them.

      Usually I can nail it right on.

      Especially when dealing with the DAP (Daily Apple Post).

    21. Re:Summary sucks. by rubycodez · · Score: 3, Informative

      Your linked article states that it does lead to mass death of brain cells in heavy drinkers.

      It would be more accurate to state that occasional moderate use of alcohol is not known to kill brain cells, but heavy chronic use can.

    22. Re:Summary sucks. by kangsterizer · · Score: 3, Informative

      Slashdot is moderated by the users. you can downrank entire stories.
      If many people uprank this story, it means most are ok with the contents.

      Of course you need nice karma to be able to moderate that stuff. But hey. Slashdot is still the best large volume user moderated news site i know by light years. I can't count how many website comment and story moderation process is utterly useless and crappy in comparison. (even if bashing slashdot is normally a karma setter .. on slashdot :P)

    23. Re:Summary sucks. by rubycodez · · Score: 1

      said the adblock/noscript user?

    24. Re:Summary sucks. by pjstevns · · Score: 2

      Dude,

      20 years ago the commodore 64 was ancient news already. In '91 we had all long jumped onto the x86 bandwagon, lingering in the msdos purgatory, fiddling with waffle-uucp, until two years later linux heaven finally arrived as version 0.99.something.

      Time does fly don't it.

    25. Re:Summary sucks. by kangsterizer · · Score: 1

      Sadly, we've always been retards^W^W^W^W^W^W^W humans.

    26. Re:Summary sucks. by rickb928 · · Score: 1

      You forget all the 'Winblows' comments from the Slackware lusers, the 1337 kiddies braggin on how they can script faster and better than you, laments over Usenet, and of course the deluge when AOL burst at the seams and started bleeding users into the 'real Internet'.

      Oh, and all us h@xors proud of changing our Winblows desktops to look like KDE 3 revs ago.

      No shortage of snark. At least Shashdot hasn't gone dark yet.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    27. Re:Summary sucks. by John+Betonschaar · · Score: 1

      I agree 100%, what kind of an editor let this kind of inflammatory summary hit the front page? I feel like I'm reading the brain-dead comments you'd expect on Gizmodo or Engadget with this article.

      And the worst part about it, is that the analysis this article is linking to isn't even remotely classifiable as FUD, it's not long-winded, and it's actually insightful if you ask me. It's not even a subjective analysis, it's just an analysis of the current state of video codecs, how they relate to each other in terms of openness, how 'open' is not the same as 'royalty free', and how the 'closed' nature of H264 can impossibly be the motive for Google to scratch H264 from Chrome, seeing that it has Flash player (which is proprietary and fully controlled by a single company, only 'open' in the sense that partial specs are availble (DRM system and codec specs are not open), and -that's the best part- includes H264), and in addition to that includes built-in support for other closed/patent-encumbered format such as MP3, AAC or JPEG).

      Is Slashdot trying to become the next podium for uninformed hating, flaming, trolling and FUD sponsored by the editors or what?

    28. Re:Summary sucks. by John+Betonschaar · · Score: 1

      Which goes to show how Slashdot is slowly becoming irrelevant to people who are genuinely interested in technology and sensible discussion about it. Another tragedy of the commons, the flaming fanboy horde has now taken over this site by democratic force :-(

    29. Re:Summary sucks. by matt_gaia · · Score: 1

      ... From similar comments as those in the post to long winded posts about grits.

      Did we really need to bring Natalie Portman into this?

      Unless of course it's about googling for pictures of her with said hot grits, which would be perfectly legit, but I digress...

    30. Re:Summary sucks. by Hijacked+Public · · Score: 1

      Every time I hear that Eels song "I Like Birds" I think of PBG.

      Often I read comments here and wonder if the poster is MEEPT or one of the Adequacy trolls. I still open every Microsoft realted story and hope to see something from l33t j03.

      I don't think the anti-trolling measures implemented here have done much more than blunt the readership's ability to spot real trolls. Yesterday's cell phone story had a couple of obvious trolls that caught dozens of serious replies. Actual crapflooding is down, which is good, but trolling is up if affected at all.

      --
      "Sacrifice for the good of The State" - The State
    31. Re:Summary sucks. by NetNed · · Score: 1

      Yeah slashdot has been quite opinionated in it submissions lately. Just post the dam stories and let the minions handle trolling and spin. Then we can judge it rightfully so.

    32. Re:Summary sucks. by Alex+Belits · · Score: 1

      gb2/b/, n00bz!

      --
      Contrary to the popular belief, there indeed is no God.
    33. Re:Summary sucks. by iamsolidsnk · · Score: 2

      Good info here, I actually read that OSnews report when it first came out and was shocked at the fine print. I think Peter Bright's problem is that Google is taking a Paternalistic approach to the problem by completely excluding the codec instead of bringing all codecs into the loop and letting the user decide. I see other readers getting caught-up in the definition of "openness" or perhaps it's application. H.264 is a gratis codec with strings attached (patents) while WebM promises to be gratis and libre with no "gotchas" based on how you use it (business vs. personal).

      --
      Here I am, here I remain.
    34. Re:Summary sucks. by Mystiq · · Score: 1

      Clearly I'm better than all of you because my UID is only 6 digits. Ha! (There was once a time when 6 digits was considered too long. Wtf?)

    35. Re:Summary sucks. by Yvanhoe · · Score: 1

      From now on, I'll refer to posthumanism and transhumanism as postretardism and transretardism.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    36. Re:Summary sucks. by Thantik · · Score: 1

      I have a theory that he's not a Windows nut, but rather a Microsoft nut (and still is). His article seems to conform quite nicely with what Microsoft released regarding the issue.

    37. Re:Summary sucks. by The+Moof · · Score: 1

      What do you expect from Anonymous "Too Big of a Bitch to Attach My Name to My Insults" Readers?

    38. Re:Summary sucks. by Anonymous Coward · · Score: 0

      It's what happens when you invite the Digg crowd to the big kids table.

    39. Re:Summary sucks. by M.+Baranczak · · Score: 2

      Studies have shown that moderate use of alcohol is harmless, even in large quantities.

    40. Re:Summary sucks. by DinDaddy · · Score: 1

      I saw a road sign in Canada telling me to expect retards.

      Well, actually, it said expect delays on the left and the French equivalent on the right, but I chose to take this message away from the encounter.

    41. Re:Summary sucks. by rubycodez · · Score: 1

      Studies have also shown the uniform mass death of neurons in all parts of the brain by heavy alcohol use (also have shown the targeted death of neurons by certain other mind-altering substances). So it is a true statement that alcohol can cause brain damage, neuron death.

    42. Re:Summary sucks. by tkprit · · Score: 2

      I love the snark ;) "Peter (not so) Bright" != worst I've seen, and after RTFA I could see why an AC would use that moniker. If Google submits webm to ISO, this feels like a non-issue.

    43. Re:Summary sucks. by CCarrot · · Score: 1

      But think of the possibilities. [...] Steve Head Jobs [...]

      Or Steve Hand Jobs...

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    44. Re:Summary sucks. by Anonymous Coward · · Score: 1

      the difference between "hackers" and "crackers"

      Newsflash: nerds DO distinguish between the two, because it is useful to distinguish between the two. Whether you like it or not, the term "hacker" DID originally mean "clever problem-solver" until the media re-assigned the word to mean "computer criminal". Guess which definition mainstream society adopted?

      This is a forum for nerds, not mainstream society, and certainly not the media. So what in the world is so wrong about using one of our nerd-terms as it was originally meant to be used?

    45. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Let me give you another and more positive perspective on Slashdot.

      Allowing people to express their opinions in blog posts (because that's what Slashdot is; a tech news blog) gives it more of a personal feeling. Just like an editorial in a newspaper. All readers in here should be able to determine, like you did, when something is the opinion of the writer. If they don't then we should teach them, because that's the most valuable skill a human can have; to be able to filter input from your surroundings to your brain. Having opinionated summaries of a story is also likely to get people to read the actual source of the story. Using a formal language only conceal the opinion of the author. The opinion are almost always present no matter how the content is articulated. Well articulated and seemingly objective content only trick people to be less aware of the need to look critically on the content.

      I like people and I like opinions. Why do my lawyer not write like he talk - dude?

    46. Re:Summary sucks. by alexo · · Score: 1

      I saw a road sign in Canada telling me to expect retards.
      Well, actually, it said expect delays on the left and the French equivalent on the right, but I chose to take this message away from the encounter.

      Oh, that would be the French Canadians.
      You know, the same people who refer to a swimming pool as a "piss-in".

    47. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Note that Cracker refers to a long-term resident of FL or GA, hence the term Florida Cracker and Cracker House (I have one from the late 30's). From the Wikipedia: "Florida Cracker" is used informally by some Floridians to indicate that their family has lived there for many generations. http://en.wikipedia.org/wiki/Florida_cracker

    48. Re:Summary sucks. by Syberz · · Score: 1

      *ding-dong*

      *sound of feet scampering off*

      --
      ~Syberz
    49. Re:Summary sucks. by jhzet · · Score: 1

      At my school, all the computer geeks read Slashdot.

    50. Re:Summary sucks. by fishexe · · Score: 1

      Actually alcohol doesn't kill brain cells. http://en.wikipedia.org/wiki/List_of_common_misconceptions

      Not directly, and not in light drinkers, but wait: "Alcohol can lead indirectly to the death of brain cells in chronic, heavy alcohol users whose brains have adapted to the effects of alcohol, where abrupt cessation following heavy use can cause excitotoxicity leading to cellular death in multiple areas of the brain." Maybe next time RTFL before you use it to support such a broad assertion.

      I know, I'm much more disappointed in myself knowing that than when I could blame my current lack of brightness on past ethanol-fueled fun.

      Depending on how much ethanol was fueling your fun, you still might be able to use that excuse.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    51. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Was it on a road heading towards the US/Canada border?

    52. Re:Summary sucks. by alva_edison · · Score: 1

      So, I wouldn't count peek and poke statements as hacking assembly. And even though I had one at the time, 1991 was not the year of the Commodore 64. 1991 was the year of the x486 (or Amiga 3000, take your pic).

      On the other hand, the poster was a bit petulant, although the article isn't all bad, and it isn't all good. The article had a focus on vendors needing to encode to H.264 for flash (meaning double encoding if they also want WebM) which was kind of odd, since you can code a flash container for any video format.

      --
      He effected a bored affect.
    53. Re:Summary sucks. by TopSpin · · Score: 2

      About the worst summary I've seen, and I've seen most of them.

      --
      Lurking at the bottom of the gravity well, getting old
    54. Re:Summary sucks. by pedantic+bore · · Score: 1

      ... I can't remember a time when Slashdot didn't contain it's fair share of immature prattle, tremendously uncreative insults, or pedantry.

      Ouch!

      --
      Am I part of the core demographic for Swedish Fish?
    55. Re:Summary sucks. by tenton · · Score: 1

      (There was once a time when 6 digits was considered too long. Wtf?)

      If you're not already there, get on your porch and start yelling at those kids to get off your lawn.

    56. Re:Summary sucks. by catmistake · · Score: 1

      Slashdot has damaged me more than had I been a heroin addict all these years.

      Undoutedly. Heroin just isn't that bad for you. William S. Boroughs lived to his 80's... alcoholics and smokers never make it that far. Heroin is destructive socio-economically, but not all that much biologically (assuming no dirty needles or overdoses).

    57. Re:Summary sucks. by DrgnDancer · · Score: 1

      I didn't say I hated them place. Hell I've been coming back and making comments for nigh on 12 years now (I'd love a function that told me how old my account actually was... I suppose I could just scroll back to my first ever comment.) It's always had a strong and useful core population. It's also always had a population of trolls, extremists of almost every stripe, pedants, and wackos. Both play their part in the great tapestry of Grits, Winblows, in depth technical discussion, and craziness that we all love.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    58. Re:Summary sucks. by DrgnDancer · · Score: 1

      It is, none the less, not worth endless pedantic agonizing that Slashdot has spent on it over the years. We're all aware of the fact you speak. You don't need to bring it up every time the word is "misused". You certainly don't need hundred of comments about it every time the word is "misused". At one time that was the norm.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    59. Re:Summary sucks. by Dishevel · · Score: 1
      In other news ... "Drinking water also kills brain cells.

      Idiot.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    60. Re:Summary sucks. by RobertM1968 · · Score: 1

      I want my blanket back!!!

    61. Re:Summary sucks. by RobertM1968 · · Score: 1

      Sadly, we've always been retards.

      Speak for yourself!!!!

      With that said, "Sadly, I've always been a retard!!!" ;-)

    62. Re:Summary sucks. by Traksius+Egas · · Score: 1

      Hey you kids, get off my board!

    63. Re:Summary sucks. by KnownIssues · · Score: 1

      I have to say, I thought this was especially absurd. I don't know if the poster truly thinks Peter Bright isn't smart or if he just couldn't resist such a big target. I'm sure it would be fair to accuse Peter of being opinionated or appearing arrogant, but Peter's articles are one of the few I regularly look forward to on Ars Technica. They are almost always well-written and informative so this seems especially immature.

    64. Re:Summary sucks. by Svartalf · · Score: 1

      Heh... The Goatse phenomenon was the precursor to that, so I'm half expecting it.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    65. Re:Summary sucks. by shutdown+-p+now · · Score: 1

      I suspect it is because the supply of new geeks has been dwindling for the last several years (since computers because an "appliance"), so, as more time passes, Slashdot audience will grow older on average due to all the older geeks making a majority compared to newcomer younglings.

    66. Re:Summary sucks. by Svartalf · · Score: 1

      I think Penny Arcade described it best: Green Blackboards (And Other Anomalies)

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    67. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Well, sort of. It says that an alcoholic can suffer cell death in brain cells if they stop drinking suddenly, which is more likely to be with the cells suddenly being denied alcohol (to which they are now reliant on) rather than exposure to alcohol. In other words, the cell death is more likely to be lack of alcohol.

    68. Re:Summary sucks. by mcgrew · · Score: 1

      Sadly, we've always been retards.

      No, not retards. There's a big difference between a retard and an assburger.

    69. Re:Summary sucks. by Jane_Dozey · · Score: 1

      Is it heavy alcohol use or the sudden halt of alcohol use in people who are physically addicted? The article linked indicates that it's more likely to be the latter.

      --
      Silly rabbit
    70. Re:Summary sucks. by jthill · · Score: 1

      Read the article. I hope Peter Bright is trolling for hits, but whether it's that or he actually means it my estimation of ars just took a(nother, after Protalinski's recent Google hitjob [.. that's two Google hitjobs in a week, by ars's Microsoft "reporters" .. ] so biased ars had to withdraw it) big hit.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    71. Re:Summary sucks. by geniusj · · Score: 1

      "humans." ?

      Maybe you meant ^H ;)

    72. Re:Summary sucks. by NecroPuppy · · Score: 1

      But those are the slower, weaker brain cells. Killing them off makes the brain more efficient.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    73. Re:Summary sucks. by Traksius+Egas · · Score: 1

      Speak for yourself. Amiga rule{z|d}!

    74. Re:Summary sucks. by KnownIssues · · Score: 1

      Ok, now that I've actually taken the time to read Peter's article, I do have a few opinions of my own to express. First, as I expected, his article was articulate, informative, and interesting. It may not be for everyone (especially those who don't like reading over 1000 words at a time), but I'm likely his target audience and it appealed to me. It may not be 100% correct or agreeable, but it's far from FUD (and apparently, not four pages?).

      As to the actual article: regarding "it's a about (cost) freedom", I don't think it's solely about cost freedom. I think it's also about legal freedom and intellectual property freedom. I do see Peter's point about the hypocracy of supporting Flash, but setting that aside, legal and intellectual freedom are still valid conditions to put on a standard video codec.

      Cost freedom is also a valid condition though. The $6.5 million entry barrier (for over 100,000 users) may be pocket change for Google, but sets a bad precedent for new browser development. If Google is saying H.264 should not be supported by any of the browsers, I would take issue with that. But if they are saying, even though we could support H.264, we want to establish a world where you can't expect H.264, I think that is entirely the right thing.

      On the other hand, I don't believe Google is sincere here (as evidenced by their support for Flash). Rather, I believe Google is attempting to manipulate popular opinion. Microsoft has turned things around with IE9. Apple has gained market popularity with iPhone and iPad. Google sees the threat. They would like you to see Microsoft and Apple appear as the ethical bad guys as they are less able to point out technical flaws than in the past.

      Personally, I think this speaks to the increasing impossibility of setting standards by anything other than adoption rates and financial power bases. The strong are in a position to get stronger. The rule of the technocracy is over and the rule of the plutocracy is well under way. The history of the HTML5 spec shows this clearly, in my opinion.

    75. Re:Summary sucks. by iinlane · · Score: 2

      Especially because he is genuinely bright guy. I've been reading hes articles with great interest an as a rule he's an insightful man.

    76. Re:Summary sucks. by thejynxed · · Score: 1

      This is also due in part to manufacturers churning out ever more disparate disposable computing "devices" that aren't at all like a PC.

      I still await reports on the long-term failure rates of things like the iPad.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    77. Re:Summary sucks. by Carewolf · · Score: 1

      Well, at least the article is pure FUD, except of course for the parts that is crazy ramblings and orwellian doublespeak.

    78. Re:Summary sucks. by Carewolf · · Score: 1

      Microsoft reporters? How do you figure that? I thought Ars was heavy pro-Apple, and just took a dip into the crazy Apple fanatics part of blogoville.

    79. Re:Summary sucks. by Slime-dogg · · Score: 1

      I remember this dude that used to be an author, whose posts were nothing more than political rants and conspiracy theories. I don't remember his handle, though. It was a very long time ago... and I think most people had him blocked.

      This place has become more shiny over the years. It never used to be all anal retentive about being "professional." Hell, there used to be a rather large wikipedia page dedicated to the slashdot trolling phenomenon.

      I suppose I don't really understand where the expectation of "professional" came from.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    80. Re:Summary sucks. by mcgrew · · Score: 2

      William S. Boroughs lived to his 80's... alcoholics and smokers never make it that far.

      Never say never. My great uncle started smoking at age 12, and quit at age 82 when a skin cancer on his lip scared him; he died ten years later.

      A decade ago, the world's oldest woman at the time (now dead) smoked a cigarette every day after lunch, and she was over 100.

      My old, late drinking buddy Ralph drank daily, and he was 86 when he died.

      Most of heroin's socio-economical impact comes from its illegality, but I know a heroin addict. Believe me, you do NOT want to be addicted to heroin. Heroin addicts usually wind up dying from suicide, and their suicides are usually reported as "accidental overdoses".

    81. Re:Summary sucks. by hkmwbz · · Score: 1

      First, as I expected, his article was articulate, informative, and interesting.

      I would have to disagree. His article is supposed to be talking about openness, but he keeps dragging out a bunch of red herrings and straw men, and goes on and on about irrelevant things for several pages. He even gets the definition of an open web standard wrong. H264 is not an open standard according to the W3C's definition. And that's basically all you need to know.

      as evidenced by their support for Flash

      Yes, that's another red herring. And you seem to ignore the fact that Flash is a plugin, not native video.

      --
      Clever signature text goes here.
    82. Re:Summary sucks. by catmistake · · Score: 1
      I didn't mean to promote heroin addiction. I was merely saying that slashdot is indeed likely more harmful than heroin.

      But point taken about long lived smokers. The native americans smoked tobacco for centuries and live to ripe old ages. I believe the real killer is stress, and this is borne out by pipe smokers, who tend to live longer than other smokers because of their laid back, low stress personalities.

    83. Re:Summary sucks. by hkmwbz · · Score: 1

      Unfortunately, he goes on and on about irrelevant things.

      --
      Clever signature text goes here.
    84. Re:Summary sucks. by hitmark · · Score: 1

      Iirc, they have separate sections for both microsoft and apple news. And most of their writers focus on one section or another, with the occasional visit over the fence to other sections. Bright is their "MS man".

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    85. Re:Summary sucks. by hitmark · · Score: 1

      And most of his writing is found, surprise surprise, the microsoft section.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    86. Re:Summary sucks. by KnownIssues · · Score: 1

      I'm perfectly willing to accept I could be mistaken. What are the red herrings and straw men and bunch of irrelavent things? If his definition of open web standard is wrong and H.264 is not an open standard according to the W3C's definition, then how is GIF different from H.264 in this regard? I thought his argument--that just as the img tag allows for an unspecified number of formats to be supported and just as the W3C allows the industry to choose what gets supported, so it is with the video tag--to be perfectly fair.

      Regarding Flash being a plugin, that seems to me like a fairly pedantic (or at best, technical) distinction, but I'm willing to concede a distinction between a company supporting a plugin because it's an industry standard while being against a supposedly closed codec as part of a native tag.

    87. Re:Summary sucks. by hitmark · · Score: 1

      Gratis to whom exactly? Hell, MPEG-LA cut back on playback licensing terms only after Google made webm a credible threat to them.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    88. Re:Summary sucks. by Gorath99 · · Score: 1

      Just NoScript.

      So there's a 4th page if you have javascript enabled? My apologies to the submitter then.

    89. Re:Summary sucks. by bonch · · Score: 1

      Goddamn, Slashdot sucks lately. It's really never been this bad. The news submissions are behind other sites by days, the layout is ugly and confusing, and the submissions are becoming more and more openly biased.

      What's the submitter afraid of, that people might read the article objectively and agree with it? Fuck the submitter for trying to sway people before they even had a chance to read it. It makes a lot of good points, especially about Google shipping the Flash plug-in and supporting the MP3 and AAC codecs for the HTML5 audio tag, all of which it would have to drop support for if it's really doing this for the sake of openness.

    90. Re:Summary sucks. by Anonymous Coward · · Score: 0

      humans what?

      (hint: ^W is not what you think it is)

    91. Re:Summary sucks. by bonch · · Score: 0

      At least Slashdot made up for it with timely technical news and a sense of community. Digg and Reddit really took the wind out of this place. Now it's an outdated source for lame anti-copyright and pro-Google posts.

    92. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Yeah, completely unprofessional.
      [...]
      We could give them all silly immature nicknames and ourselves a big pat on the back. All we need to do is lose some brain cells (alcohol will help with that) and act like 12 year olds (no help required)

      and you'd start to read like The Register, with their tiresome slavish use of terms like "boffins", "freetards", "fondle slab", and stale jokes about Steve Jobs' pronunciation of Jaguar, etc etc...

    93. Re:Summary sucks. by karnal · · Score: 1

      This reminds me of the Garbage Pail Kids...

      --
      Karnal
    94. Re:Summary sucks. by Anonymous Coward · · Score: 0

      Occasional moderate use by whose standards? I'm pretty sure just living in Wisconsin causes cell death just by fume inhalation.

    95. Re:Summary sucks. by theaveng · · Score: 1

      I'm glad Mods can't give summaries or arstechnica.com website a (-1) Troll like they did to my posts (yesterday).

      They probably would mod Ars Technica (-1) censored if they could get away with it, simply because Ars opposes Google's decision.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    96. Re:Summary sucks. by kangsterizer · · Score: 1

      well yes/no I beleive it's always been a bit that way. Yet it's sooo much better than so many other news site that we're still there, and I don't think it sucks.

      Some karma farmers do make the balance go slightly wrong at times, but it's once again so far from the issues on other websites in that regard.

    97. Re:Summary sucks. by iinlane · · Score: 1

      I do think this specific topic is very relevant and he has valid arguments. The H.264 is an established standard and has industry support while WebM is only supported by Google and is inferior format.

    98. Re:Summary sucks. by HRH_H_Crab · · Score: 1

      Ars Technica has a readership who believe that market share and share prices are the defacto standard of quality in IT. Even if the majority of its contributors were not staunch Microsoft fanatics (they are by and large), it would be extremely difficult to keep the readership happy without putting the boot in to Google, Apple, and Linux (in ascending order of ferocity) at every possible opportunity. One could say the same thing about Slashdot of course, but for me the big difference is that the Slashdot readership seem to at least have some self awareness of their bias. Ars' staff and readership actually think that they present a "balanced" viewpoint!

    99. Re:Summary sucks. by theaveng · · Score: 1

      >>>20-30 comment threads on the difference between "hackers" and "crackers"? Sadly, we've always been retards.

      Ding-ding-ding.
      I'm glad Mods can't give summaries or the arstechnica.com website a (-1) Troll like they did to my posts (yesterday). They probably would mod Ars Technica (-1) to censor the site, simply because Ars opposes Google's decision and/or thinks MPEG4 should be supported.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    100. Re:Summary sucks. by korgitser · · Score: 1

      s-tard?

      --
      FCKGW 09F9 42
    101. Re:Summary sucks. by Vryl · · Score: 1

      BRING BACK SIGNAL11

    102. Re:Summary sucks. by hkmwbz · · Score: 1
      No, his article is supposed to be about openness. And yet he talks about all kinds of other things.

      H264 might be an established standard, but it is not an open standard. Even Microsoft agrees that an open standard needs to be royalty-free! Read the W3C's patent policy for more information.

      As for quality, WebM is good enough. That's all it needs to be. Quality is not really relevant.

      --
      Clever signature text goes here.
    103. Re:Summary sucks. by hkmwbz · · Score: 1

      What are the red herrings and straw men and bunch of irrelavent things?

      Anything that doesn't address the claimed topic of the article: Openness.

      If his definition of open web standard is wrong and H.264 is not an open standard according to the W3C's definition, then how is GIF different from H.264 in this regard?

      Excellent point. Gif was a pain in the ass for many years. It should have never been used on the web.

      I thought his argument--that just as the img tag allows for an unspecified number of formats to be supported and just as the W3C allows the industry to choose what gets supported, so it is with the video tag--to be perfectly fair.

      The fact that the img tag did not specify an image format caused the gif mess. That mistake shouldn't be repeated with video.

      Regarding Flash being a plugin, that seems to me like a fairly pedantic (or at best, technical) distinction, but I'm willing to concede a distinction between a company supporting a plugin because it's an industry standard while being against a supposedly closed codec as part of a native tag.

      Basically, Flash lets Chrome play all those videos out there. Just about all videos on the web are using Flash. So Google can promote WebM as the open solution, while still supporting video on the web as it looks today, while the market transitions from Flash to WebM.

      --
      Clever signature text goes here.
    104. Re:Summary sucks. by rubycodez · · Score: 1

      well, if you adopt the strategy of perpetual heavy drinking, never sobering up, then you'll have 100% neuron failure due to death by liver failure. Better to pick a different chemical if "perpetually stoned" is the goal state, there are many that have no risk of neuron or organ failure.

    105. Re:Summary sucks. by calmofthestorm · · Score: 1

      What use is a phone call if you are unable to speak?

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    106. Re:Summary sucks. by marcello_dl · · Score: 1

      What use is a phone call if you are unable to speak?
      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.

      I dunno, maybe you can do a data call with the faxmodem, input some morse code with an harmonica, or use a voice synth.

      Besides, you were going to breath heavily on the phone and say nothing anyway.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    107. Re:Summary sucks. by Anonymous Coward · · Score: 0

      But it's ok for you to censor us? Because that is what you are doing. You dislike being called what you are, so rather than man up and accept the consequences of your actions, you resort to whining about how we shouldn't be allowed to call you out on your trollish activities.

      Freedom of speech goes both ways. You are free to troll, and we are free to tell everyone that you are a troll. If you do not like that, might I suggest you stop being a troll?

      As a wise person once said, "I may disagree with what you say, but I'll defend to the death your right to be held accountable for it."

  2. Putting the snideness of the summary aside... by elrous0 · · Score: 2, Insightful

    I think that the original editorial does have a point in one regard. The height of "openness" and freedom to me is the ability for me, as the user, to CHOOSE whatever format I want to watch or use for myself. Now, I'm sure that there will be some extension for Chrome that allows for H.264 support. But, having said that, I still never feel more "free" when someone REMOVES support for a format.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 5, Funny

      Be sure to pay your $699 H.264 licensing fee, you cocksmoking teabagger!

    2. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      I think you just hit exactly the difference in viewpoint between the Free Software Foundation and the Open Source movement. (Or, if you like, the GPL and BSD licenses).

      To the FSF, you're more free if you fight things that threaten freedom; to the open source movement, you're more free if you can do more.

    3. Re:Putting the snideness of the summary aside... by VGPowerlord · · Score: 1

      Be sure to pay your $699 H.264 licensing fee, you cocksmoking teabagger!

      End users don't pay the H.264 licensing fee, and if they did, it's nowhere near $699.

      Perhaps you're confusing MPEG with SCO?

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    4. Re:Putting the snideness of the summary aside... by unity100 · · Score: 0

      end users dont pay it is it ? and how ? arent you aware that licensing fees as such reflect on the development of applications end users are able to use, and eventually either reduces the proliferation/production of new apps, or raises their prices ?

    5. Re:Putting the snideness of the summary aside... by rveldpau · · Score: 5, Insightful

      Although very crudely worded, "Anonymous Coward" is right. H.264 is created to make money. By Google removing support for H.264, it pushes for an actual open standard. If Chrome and Mozilla had support for H.264, and IE only supported H.264, then everyone would have to pay the licensing fee.

      If however, Google and Mozilla remove support for H.264 and only support open codecs, Microsoft will be forced to adopt open standards as well, rather than slamming Google for "imposing a language on the world," as they've tried to do many times in the past.

      This is a step for openness on the server side. Although it looks like it's removing options, it is actually forcing options by forcing Microsoft to play nicely.

    6. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      So every website will have to encode in every format so each user can decide?

      "Stop oppressing your end users!"

    7. Re:Putting the snideness of the summary aside... by Desler · · Score: 2, Insightful

      You do realize that the amoritized cost of an H.264 license for any company the size of google is fractions of a cent per customer, right? The royalties, which they don't have to even pay for streaming Youtube videos, is maxed out at a few million dollars which is less than they spend on a month worth of cafeteria costs.

    8. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      as an end-user you _never_ pay for consuming h.264-encoded material, be it delivered to you for free or for pay.

    9. Re:Putting the snideness of the summary aside... by SuricouRaven · · Score: 1

      And what about companies smaller than google?

    10. Re:Putting the snideness of the summary aside... by nine-times · · Score: 3, Interesting

      Yeah, I agree. It's strange to support "freedom" by diminishing choices.

      By being so quick to take sides in these arguments, I think some people miss that this just *is* a problem. Everyone wants to say, "why don't we just do this?" and seem oblivious to the problems that might be caused. h264 is open, but it also has patent issues, but on the other hand it's widely used and widely supported. Flash isn't going away until content owners settle on some kind of DRM for HTML5 streaming. WebM is new, isn't widely supported yet, and may (or may not) have some patent issues down the line.

      And what's a bit silly is that everyone wants to talk about this like it's a technical issue-- an issue of which format is "better". It's really a confluence of technical, legal, economic, and social issues, and I don't think it'll be wrapped up without some drastic changes in how we deal with content.

    11. Re:Putting the snideness of the summary aside... by yakumo.unr · · Score: 1

      That's all fine and well for Google and their endless buckets of cash, but what about other companies, or importantly startups who want to get into the game.

    12. Re:Putting the snideness of the summary aside... by tepples · · Score: 1

      If I'll find both FF & Chrome lacking something I "need" in everyday internet surfing, I'll simply switch browser to one that have the missing feature.

      Does IE run in Wine?

    13. Re:Putting the snideness of the summary aside... by theshowmecanuck · · Score: 0

      To the FSF, you're more free if you fight things that threaten freedom; to the open source movement, you're more free if you can do more.

      FTFY: "To the FSF, you're more free if you do what we tell you to; to the open source movement, you're more free if we don't mandate what you have to do."

      --
      -- I ignore anonymous replies to my comments and postings.
    14. Re:Putting the snideness of the summary aside... by Alrescha · · Score: 1

      "If Chrome and Mozilla had support for H.264, and IE only supported H.264, then everyone would have to pay the licensing fee"

      Yes, the ten cent licensing fee. The horror.

      A.

      --
      ...bringing you cynical quips since 1998
    15. Re:Putting the snideness of the summary aside... by JackieBrown · · Score: 1

      Another option is going back to IE.
      I use the browser that gives me more features/performance/whatever (I went years ago from IE to Netscape, then back to IE, then Firefox and finally I'm using Chrome).
      If I'll find both FF & Chrome lacking something I "need" in everyday internet surfing, I'll simply switch browser to one that have the missing feature.

      This attitude is why IE6 was around so long with almost no competition. It is the same rational people use to use against firefox - "why use firefox when site x does not work on it." Fortunately for all us of - including IE users since competition forced microsoft to start developing their browser again - a lot of other people did not follow your way of thinking.

    16. Re:Putting the snideness of the summary aside... by emt377 · · Score: 3, Interesting

      That's all fine and well for Google and their endless buckets of cash, but what about other companies, or importantly startups who want to get into the game.

      H.264 is a standard; not a de-facto, or "industry" standard, but one adopted by an international standards body with wide representation. It publishes specs. If you build a part to do something with H.264 video, as long as it conforms to spec, it will work with others' products. You know, like the way any unlocked GSM phone works on any GSM network that operates on the same frequency band. It's ideal for startups, because you only need expertise in your own narrow product field, not in the entire much broader space. To build say an innovative silicon decoder you don't need to know how to build an encoder, because the elementary stream conforms to the standard. You don't need to know whether it came off a disc or ethernet. And while you occasionally run into interop issues this is positively nothing compared to the alternative of having inhouse expertise for *everything*. Not to mention the cost of dealing with some hacker who thinks they're doing something smart in the encoder, blowing up your taped-out decoder you've sent off to fab!

      Compared to other costs, licensing fees are fairly trivial. $100k doesn't even buy a competent engineer for a year.

    17. Re:Putting the snideness of the summary aside... by tgd · · Score: 4, Insightful

      Although very crudely worded, "Anonymous Coward" is right. H.264 is created to make money.

      Chrome was created to make money.

      Don't forget that when evaluating Google's stance on this.

    18. Re:Putting the snideness of the summary aside... by Enderandrew · · Score: 1

      I always wonder why this logic doesn't get applied to the FSF more often. When they demand 100% open software and blast people who wanting to make the choice to also use or ship proprietary software, they're advocating fewer choices and calling that freedom.

      As much as I enjoy FOSS and open standards, I have this crazy belief that real freedom is freedom of choice.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    19. Re:Putting the snideness of the summary aside... by Nadaka · · Score: 1

      The problem with h.264:

      video encoded with h.264 is only free for non commercial purposes, that includes ad driven sites.

      most video cameras, including many >$10k professional cameras export to h.264 natively and in many cases exclusively.

      This already makes most video on the web illegal for violating the h.264 license.

      The free period for non commercial use has an expiration date and there is not an absolutely certain contract to extend it indefinitely.

    20. Re:Putting the snideness of the summary aside... by Kjella · · Score: 5, Insightful

      If Microsoft only supports H.264 and Google/Mozilla/Opera only supports WebM, the winner is - beyond a shadow of a doubt - Adobe and flash. There's no need for Microsoft to play nice, the video tag is not established and they can in practice delay it indefinitely.

      --
      Live today, because you never know what tomorrow brings
    21. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      IEs4Linux supports IE6.
      The cases that would mandate IE7 or IE8 are very very seldom.

    22. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 4, Insightful

      Why should I pay 10 cents for something to be included that I don't need because I have a free alternative?

      Hell, let's just replace all the tens of thousands of free packages in our Linux repos with patented apps that each have a _completely_ insignifigant ten cent fee?

      Or we could stop the bullshit right now and not support software patents that lead to a system closed from competition.

    23. Re:Putting the snideness of the summary aside... by Exitar · · Score: 1

      The problem I remember that slowed Firefox diffusion was the fact that IE was already installed on Windows and the majority of users simply ignored the existence of other browsers.

      But of course nobody is forcing you to be able to see any content on the web, you're free to keep your principles and reduce your possibilities.

    24. Re:Putting the snideness of the summary aside... by VGPowerlord · · Score: 1

      Given that we're talking about the HTML5 video tag, you'd need IE9*... so this wouldn't cut it.

      *Yes, I'm aware IE9 isn't out yet... actually, wasn't it due out this month?

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    25. Re:Putting the snideness of the summary aside... by ifiwereasculptor · · Score: 1

      Well, as long as Google keeps bundling Flash, it's a non-issue. Flash already supports H264. So having support for H264 decoding via HTML5 and Flash, from what I've gathered, would require a single browser paying two times for the same functionality - once for Adobe's Flash and once for Google's Chrome. Flash isn't going anywhere soon and is still vastly superior to HTML5, performance-wise, in delivering video content, so Google's move makes a lot of sense to me. Granted, the reason given is not that hot, but supporting a free codec in spite of a non-free one can never be a bad thing, can it?

    26. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      Won't someone just write a plugin for Chrome that restores H.264 support or will it get "patched"?

      Obviously this is part of the giving away of the Chrome browser that Google learned from Microsoft: Once you're established you can start throwing your weight around. Note that they didn't drop support for H.264 yet, they are watching how this goes over before doing anything about it. If they lose momentum on this they will forget the idea of dropping support.

      I think dropping H.264 is all about hurting Apple's iPhone and iOS and giving a boost to Android devices, but that's just me

      Also notes that Google is still in China but pretty quiet about it.

    27. Re:Putting the snideness of the summary aside... by jgtg32a · · Score: 1

      If Chrome doesn't have H.264 support doesn't that mean I'll get a little browser popup saying something like "Can't display XYZ need ABC plugin click here to install"

      Doesn't that make this move a moot point? If anything MS can add it to their IE9 adverts "Native H.264 Support"

    28. Re:Putting the snideness of the summary aside... by w_dragon · · Score: 2

      Yes, but it makes money by forcing all browsers to improve their javascript capabilities, allowing Google to provide services via the browser where they can show you adds. Browsers are actually becoming a reasonable platform to develop some applications for, and part of that is Google pushing javascript efficiency improvements on everyone.

    29. Re:Putting the snideness of the summary aside... by i_want_you_to_throw_ · · Score: 1

      Sadly I do not have moderator abilities or I'd mod you up sir! (or ma'am)

    30. Re:Putting the snideness of the summary aside... by DrgnDancer · · Score: 1

      However the article makes a valid point. By the traditional definition of "open standard" H.264 is one. The idea behind "open standards" has always been: "The standards is open, feel free to make your implementation as open or closed as you like". ISO and ITU created the standard, it's "open". Now the program itself is not open or revenue free. I'm not even trying to say it is. The point is that the term has a pretty well defined meaning and H.264 meets that meaning. H.264 is not an open product, but it *is* an open standard.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    31. Re:Putting the snideness of the summary aside... by skribble · · Score: 1

      You make it sound like Google doesn't care about making money, of course they do. In this case they are supporting there own product (which is not only inferior in amny ways, but more signifcantly lacks the wide spread hardware support of H.264) so they can not pay for supporting H.264, a better well supported standard which, while not free, is free to users and reasonable for media developers.

      If it was really about "openess" then Google should have dumped Flash at the same time.

      --
      --- Nothing To See Here ---
    32. Re:Putting the snideness of the summary aside... by Rockoon · · Score: 1

      By Google removing support for H.264, it pushes for an actual open standard.

      Has google submitted VP8 to a standards body when we werent looking?

      This is the crux of it.

      If however, Google and Mozilla remove support for H.264 and only support open codecs, Microsoft will be forced to adopt open standards as well

      What are you talking about? Microsoft already said that IE will use any codec on your system.

      Google is trying to force the codec that it owns lock, stock, and barrel. Which part of that confuses you?

      --
      "His name was James Damore."
    33. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      And everyone blames - Google/Mozilla/Opera as opposed to Apple and Microsoft.

    34. Re:Putting the snideness of the summary aside... by petteyg359 · · Score: 0

      Are you a CEO at a bank, by chance? That last phrase reeks.

    35. Re:Putting the snideness of the summary aside... by drinkypoo · · Score: 1

      Microsoft wins as long as WebM doesn't win, because Microsoft is a member of the MPEG-LA H.264 pool and they get paid when someone licenses H.264... whether they're using Flash, or Silverlight to deliver the content.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    36. Re:Putting the snideness of the summary aside... by drinkypoo · · Score: 1

      I always wonder why this logic doesn't get applied to the FSF more often. When they demand 100% open software and blast people who wanting to make the choice to also use or ship proprietary software, they're advocating fewer choices and calling that freedom.

      Software Freedom is not orthogonal to but is also not equal to User Freedom.

      Software Freedom potentially provides the freest landscape ultimately, but there may be growing pains.

      As much as I enjoy FOSS and open standards, I have this crazy belief that real freedom is freedom of choice.

      Choosing non-free standards is no choice at all. Licensing encumbrance is unacceptable.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    37. Re:Putting the snideness of the summary aside... by arose · · Score: 1

      Yet, you are not free to make an open implementation, you are absolutely not permitted to re-distribute binary copies of said implementation or use it for any purpose. You are free to make closed implementations and source code, use restricted implementations (even though this is, as a rule not actually explicitly specified in the license because the developers want to remain GPL compatible). True FLOSS implementations are not possible in countries that recognize any of the relevant patents.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    38. Re:Putting the snideness of the summary aside... by snakedot · · Score: 1

      The height of "openness" and freedom to me is the ability for me, as the user, to CHOOSE whatever format I want to watch or use for myself.

      You can choose a browser which gives you the choice. But wait, no one does. After this, all browsers either support WebM or H.264. None of them give you the choice to support both. So what do you do? You should choose a browser that ensures openness. H.264 is closed, so it must be a WebM browser.

    39. Re:Putting the snideness of the summary aside... by Enderandrew · · Score: 1

      Licensing encumbrance is unacceptable.

      I buy a computer to perform tasks. I expect it to perform those tasks, and ultimately I will run whatever software performs those tasks best for me.

      Telling me that I can't perform a task because FOSS doesn't exist for it, or I have to use a lesser solution simply because it is FOSS isn't freedom.

      That is simply trading one set of restrictions for another.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    40. Re:Putting the snideness of the summary aside... by Tharsman · · Score: 1

      If the small company is not charging the end user for the video (this applies to all YouTube-like services) then they don't have to pay anything until 2016. At that point the licensing may be revisited and they may have to pay under some new structure or one similar to free TV.

      The Free TV license goes like this:

      Either a one-time payment of $2,500 “per AVC transmission encoder” or an annual fee based on the following brackets:

      • $2,500 per calendar year per Broadcast Markets of at least 100,000 but no more than 499,999 television households
      • $5,000 per calendar year per Broadcast Market which includes at least 500,000 but no more than 999,999 television households
      • $10,000 per calendar year per Broadcast Market which includes at 1,000,000 or more television households.

      If you think your company is so small it can't even afford the 2500 fee, then you are better off simply hosting your video in an existing site like Youtube or Vimeo.

      We do have to keep in mind this is a likely case, not a sure one, and again something that is a non-issue until 2016.

      The biggest issue we have now with the abandonment of H.264 is with mobile devices. All iOS and [for what i know] all Android devices currently have hardware H.264 decoding but not WebM. If they want to decode WebM they have to go pure soft-decoder. This means playing simple videos may drain the battery of your device rather fast.

      At the end of the day, the ones that suffer the most are Android users. iOS may eventually support the format (if Apple is convinced the world adopts it as HTML5 and everyone uses it.) The iPad's battery life is something that borders insanity, and future iDevices can simply add the format in. However, we all know how slow most Android manufacturers are at pushing out software updates, and some of these devices (notably the HTC Evo) just gobble up the battery as it is, imagine if it had to run software decoded video.

    41. Re:Putting the snideness of the summary aside... by smbarbour · · Score: 1

      Well, considering the fact that any software that decodes H.264 is technically required to pay a patent licensing fee, I'm not particularly surprised that Google would drop the support. You can probably expect support to be added in 2028, when the patents expire.

    42. Re:Putting the snideness of the summary aside... by smbarbour · · Score: 1

      Chrome was created to boost brand loyalty. Google does not charge for it, nor are ads directly incorporated. There is no revenue stream associated with Chrome.

    43. Re:Putting the snideness of the summary aside... by CynicTheHedgehog · · Score: 2

      If Microsoft only supports H.264 and Google/Mozilla/Opera only supports WebM, the winner is - beyond a shadow of a doubt - Adobe and flash

      And Google. If Adobe/Flash retain their position as the pre-eminent platform for video, and if Apple continues to block Flash on iOS, then Google will have an advantage over Apple when it comes do displaying video on handheld devices.

    44. Re:Putting the snideness of the summary aside... by Tharsman · · Score: 1
      I posted this to as a reply to another poster a branch up in the thread but still:

      If the small company is not charging the end user for the video (this applies to all YouTube-like services) then they don't have to pay anything until 2016. [streamingl...center.com] At that point the licensing may be revisited and they may have to pay under some new structure or one similar to free TV.

      The Free TV license goes like this:

      Either a one-time payment of $2,500 “per AVC transmission encoder” or an annual fee based on the following brackets:

      • $2,500 per calendar year per Broadcast Markets of at least 100,000 but no more than 499,999 television households
      • $5,000 per calendar year per Broadcast Market which includes at least 500,000 but no more than 999,999 television households
      • $10,000 per calendar year per Broadcast Market which includes at 1,000,000 or more television households.

      If you think your company is so small it can't even afford the 2500 fee, then you are better off simply hosting your video in an existing site like Youtube or Vimeo.

      We do have to keep in mind this is a likely case, not a sure one, and again something that is a non-issue until 2016.

      And to add something new to this post: if a start-up wants to charge, (like Netflix does) then money is not a [big] issue, since the economics would be based around the fees.

    45. Re:Putting the snideness of the summary aside... by arose · · Score: 1

      You are free to not choose freedom, but describing the resulting situation as freedom is not intellectually honest. When you use FLOSS you have the freedom to use it for any purpose (even if FSF strongly recommends to use only FLOSS altogether), including forfeiting some of it to run it along-side or directly combined with it proprietary software (if not distributed), many licenses even let you restrict your direct downstream.

      As a result you (or your downstream) might loosed the choice how and what for to use the software, the choice to make modifications and the choice to redistribute.

      Now why you believe that FLOSS developers have any duty to make thiythiyosos easy for you I don't know. The freedom is well understood to rest in the ability to use, modify and redistribute (possibly modified) copies, your choice of adding H.264 to Chromium has not been restricted, it just became somewhat harder to do so.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    46. Re:Putting the snideness of the summary aside... by oneandoneis2 · · Score: 1

      You're overlooking that fact that mobile web access is becoming huge; Apple's phone & tablet are current kings of the heap; and Steve Jobs refuses to allow Flash.

      Flash is no more universal than WebM or H.264 will be.

      --
      So.. it has come to this
    47. Re:Putting the snideness of the summary aside... by smbarbour · · Score: 1

      Keeping H.264 in the code would also mean that they'd have to maintain separate codebases if they wanted to publish their changes back up (which is how open source is supposed to work): Chrome - Chromium - WebKit - Konqueror

    48. Re:Putting the snideness of the summary aside... by drinkypoo · · Score: 4, Insightful

      That is simply trading one set of restrictions for another.

      The tradeoff is that supporting Software Freedom will lead to more freedom for you eventually, while supporting closed solutions leads to more lack of freedom in the future. You have to create the world you want to live in.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    49. Re:Putting the snideness of the summary aside... by gnasher719 · · Score: 1

      Yet, you are not free to make an open implementation, you are absolutely not permitted to re-distribute binary copies of said implementation or use it for any purpose.

      That's because GPL v.3 shot itself in the foot, making it impossible to create GPL v.3 licensed software that implements something that is patented. Which, by the way, increases the danger of damage inflicted by patent trolls significantly. If only one patent that covers Google's codec is found valid, then you can say goodbye to any open source implementation.

    50. Re:Putting the snideness of the summary aside... by Pennidren · · Score: 1

      Compared to other costs, licensing fees are fairly trivial. $100k doesn't even buy a competent engineer for a year.

      Whew, good thing I make $101k!

    51. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      H.264 wasn't made popular by Microsoft, it's the darling of Apple and their ipods, making it the de-facto standard. The problem with Google's move is all modern media devices have this codec support in hardware, so there's no CPU worries and associated huge drain on mobile batteries. It's going to take years for VP8 & Co to end up in the metal, if ever.

    52. Re:Putting the snideness of the summary aside... by rubycodez · · Score: 3, Insightful

      $100,000 is more than some small companies make in a year.

      I don't have freedom if I have to like the pockets of some cartel Shylock.

    53. Re:Putting the snideness of the summary aside... by hrimhari · · Score: 1

      Funny, I didn't get the same impression as you.

      First of all, there are different "freedoms" at stake. The "freedom" supported is the one of creating or seeing any media without having to pay royalties because of the codec you used, while being able to create your own implementation of the codec because it's also open.

      Supporting this "freedom" will invariably clash against the "freedom of choice", where more choices give you more freedom. Why? Because you can't push for free codecs if the unfree are already widely supported. As long as the unfree remain everywhere, few manufacturers/companies will have any reason to switch and the end user loses.

      Finally, my impression is that the first point is the "freedom" and not the technical aspect, which comes second to illustrate that the free codecs do not come short of the unfree ones.

      --
      http://dilbert.com/2010-12-13
    54. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      Adobe already stated that they are going to support WebM in Flash, which actually makes it a win-win situation for both Adobe AND Google. 'Cause commercial web authors will surely (it's cheaper for them..) prefer WebM and then serve a <video> tag to Google/Mozilla/Opera and use Flash as a fallback for IE/Safari.

    55. Re:Putting the snideness of the summary aside... by Sancho · · Score: 1

      I always wonder why this logic doesn't get applied to the FSF more often. When they demand 100% open software and blast people who wanting to make the choice to also use or ship proprietary software, they're advocating fewer choices and calling that freedom.

      Software Freedom is not orthogonal to but is also not equal to User Freedom.

      Software Freedom potentially provides the freest landscape ultimately, but there may be growing pains.

      I liken this argument to Gitmo. Gitmo (restrictions of freedoms and due process, and going against our Constitution) is a necessary evil to ultimate freedom.

    56. Re:Putting the snideness of the summary aside... by kangsterizer · · Score: 1

      Choosing a path that will lead you to less choices.. aka less freedom is the future is not freedom in the view of the FSF and many.
      Call if preemptive freedom if you will. It doesn't mean they're right, but it's the sole reason for this kind of stuff.

    57. Re:Putting the snideness of the summary aside... by arose · · Score: 1

      Bullshit, the FSF doesn't mandate what you can do any more then anyone else using the same license. Advocacy and philosophy is not a mandate, claiming so is a shitty way of attacking them without actually having an argument.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    58. Re:Putting the snideness of the summary aside... by bws111 · · Score: 1

      Sources? Direct from http://www.mpegla.org/main/programs/AVC/Documents/AVC_TermsSummary.pdf, "In the case of Internet Broadcast AVC Video (AVC Video that is delivered via the Worldwide Internet to an End User for which the End User does not pay remuneration for the right to receive or view, i.e., neither Title-by-Title nor Subscription), there will be no royalty for the life of the License."

      It says nothing about ad driven sites, only whether or not the end user directly pays. Since most of the video on the web is not paid for by the end user, your statement about 'most video' on the web being illegal is false.

    59. Re:Putting the snideness of the summary aside... by tomhuxley · · Score: 2

      Microsoft pays in FAR FAR more in license fees than they get as royalties from the license pool. What it buys them is protection from the other patent owners. The money they receive from the patent pool is a fraction of a fraction of a penny per license fee.

    60. Re:Putting the snideness of the summary aside... by kangsterizer · · Score: 3, Informative

      FOSS doesnt force you to use their software, and doesn't force you to use only their software if you do use some of it.
      On the contrary, proprietary software forces you into many things (including the fact that you don't even own the said software you pay for).
      So you're free, you can use FOSS or not, with or without proprietary software that permits it. There is no *you have to use FOSS* *put gun on your head*.

      On the other hand... FOSS usually still recommands using only FOSS because there's no restrictions (unlike proprietary software).

      Is that so hard ?

    61. Re:Putting the snideness of the summary aside... by Tharsman · · Score: 1

      This does not force anything on Microsoft. Microsoft is not the patent holder here, and it does not bother them that much to go out and implement WebM (although there is an issue there of jumping into an "open" format that is still owned exclusively by your main competitor.)

      For a change, Microsoft is right (although I would not say this is Microsoft as an entity but instead the specific employee that made the comment.) H.264 is a standard defined by the ISO group, not by Microsoft, nor Apple, nor Google. It's not owned by any of the big server, hardware or browser makers. Despite some one making money off it, no one with actual control over some aspect of the web controls or owns it [at this time]. WebM, on the other hand, is Google's property and adopting it, even if they made it Open Source, can result in giving Google more power than they should have.

      If Google feels it's important to "force" WebM support into other browsers, they can go ahead and offer Plugins for those browsers themselves, and use all their marketing power to promote the plugins. If they want to change every Youtube video to WebM and then force the user to download a plugin should they be using IE, they would have all IE installed browsers adopting the plugin in no time.

      I also have to say it's a bit odd how Google picks it's fights. They say they will remove support for the format, but they still include a Flash plugin out of the box. Why not start flexing their muscles by trying to make people get away from Flash first? Simple: because this is not about openness, it's about control.

    62. Re:Putting the snideness of the summary aside... by znu · · Score: 5, Insightful

      Although very crudely worded, "Anonymous Coward" is right. H.264 is created to make money. By Google removing support for H.264, it pushes for an actual open standard.

      This is simply false. (Lifted from a post I just made about this in the Ars forums) MPEG-LA licenses the H.264 standards under RAND (reasonable and non-discriminitory) terms -- they're not playing favorites to give some companies strategic advantage over others. Moreover, if you think about the fact that there are 1000 patents in the H.264 license pool, and no individual company owns more than a few, you quickly realize that nobody who actually implements H.264 is making more money from it than they pay for it. The idea that anyone is supporting H.264 because they want to get rich off of license fees is ludicrous.

      H.264 is a real standard, developed and governed by a multi-party process, recognized by international standards organizations, and extensively documented. WebM is some C code that Google bought and dumped on the public. Other stakeholders had no input into the "specification". There is no formal multi-party governance process; the format is de facto controlled by Google, because they employ the developers. In practice, WebM is defined by Google's code, not by standards documents.

      Oh, and WebM is also technically inferior.

      And as if that weren't enough, it's extremely unclear, given what happened to Microsoft with VC-1, that WebM has actually managed to avoid patent liability. Keep in mind, Google hasn't indemnified anyone, and their strategic interests are served here even if a patent licensing pool does eventually need to be set up for WebM. So they have essentially nothing to lose by pretending its unencumbered, even if it's not.

      --
      This space unintentionally left unblank.
    63. Re:Putting the snideness of the summary aside... by SuricouRaven · · Score: 2

      WebM and x264 are substantially similar internally - in theory I imagine much of the same hardware could be used to decode them. It would need a lot of coder-hours to make it work, but I imagine Google will do that for Android at some point.

      Apple won't. They own a substantial stake in the h264 patent pool - WebM is their direct competitor, so they arn't going to do anything to aid it.

    64. Re:Putting the snideness of the summary aside... by snakedot · · Score: 1

      Yeah, I agree. It's strange to support "freedom" by diminishing choices.

      There'a bigger picture here, namely the freedom of the open web. H.264 hands over control over web video to an industry cartel. That's a very bad thing, as Microsoft proved when they held the web back for a decade.

      h264 is open, but it also has patent issues

      Ergo: It is not open. At least not as far as the web is concerned. The W3C has a policy about patent, and H.264 violates that policy.

    65. Re:Putting the snideness of the summary aside... by drinkypoo · · Score: 1

      The money they receive from the patent pool is a fraction of a fraction of a penny per license fee.

      Yes, and they would like us to use H.264 every time we use digital video so that they get a piece of every license fee. Those fractions of a cent add up if you get money every time someone sells video. And if H.264 is used anywhere in the production chain then they're supposed to get paid, somehow.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    66. Re:Putting the snideness of the summary aside... by hrimhari · · Score: 1

      As I mentioned above, there are different freedoms at stake.

      FSF defends the freedom of modifying any software at will. It obviously goes against proprietary software, which only allows you to run it but not modify it.

      When advocating this freedom, it clashes against the "freedom of choice". But note that the GPL doesn't forbid you to run proprietary software, it just forbids you to turn free software into unfree. As a (intentional?) side effect, when you merge GPL software with proprietary, the later must become free.

      --
      http://dilbert.com/2010-12-13
    67. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      Chrome was created to make money.

      Don't forget that when evaluating Google's stance on this.

      Given, but don't forget that "make money" means very different things for Microsoft and Google.

    68. Re:Putting the snideness of the summary aside... by VortexCortex · · Score: 4, Interesting

      H.264 is a standard; not a de-facto, or "industry" standard, but one adopted by an international standards body with wide representation. It publishes specs. If you build a part to do something with H.264 video, as long as it conforms to spec, it will work with others' products.

      ... ?? Your point is? I believe what you're referring to is a documented format. Any such documented audio/video encoding format that conforms to its specification can be read by any video decoder that conforms to the same respective spec.

      In fact: Data from any type of encoder conforming to a spec can be read it's corresponding decoder! ( GnuZip reads WinZipped files... )

      This means, Theora, VP8, MP4, MP3, and even Windows Media Audio (WMA) and Win Media Audio (WMV) have multiple implementations -- they are all "open standards" in that anyone can create a complying implementation via the format's documentation.

      You know, like the way any unlocked GSM phone works on any GSM network that operates on the same frequency band. [H.264 is] ideal for startups, because you only need expertise in your own narrow product field, not in the entire much broader space.

      The same can be said for VP8, Windows Media, MP3, Theora, Vorbis, and virtually every existing codec known to man.

      The difference is that unlike H.264 "standards boards", VP8 and Theora do not pursue license fees, and claim no patents.

      Startups would be more wise to go with a codec that is not patent encumbered, and costs $0.00 to license... Not H.264.

      To build say an innovative silicon decoder you don't need to know how to build an encoder, [blah blah blah blah blah blah]

      Documented file formats enable multiple or partial implementations of codecs... Self evident really, no need to iterate every type of implementation that can exist or re-repeat yourself, we get it.

      And while you occasionally run into interop issues this is positively nothing compared to the alternative of having inhouse expertise for *everything*.

      Yes, it's quite foolish to build an inhouse codec, but H.264 isn't the only codec out there.

      Hell, you can create a wrapper that allows an interface to external codec libraries in order to support all of the codecs I've mentioned above... However, if you ship a product with a patented encumbered codec, you must pay the licensing fee to MS, MPEG-LA, or other such patent holders.

      The license fee for VP8, and Vorbis is $0.00.

      Compared to other costs, licensing fees are fairly trivial. $100k doesn't even buy a competent engineer for a year.

      Yep, and for absolutely NO FEE you can just use Theora/Vorbis, or VP8. $100k is 10000000% more than $1, and infinity% more than $0.

      Fact is, Chrome is a derivative of Chromium -- If Google goes with H.264 then Chormium would have to have H.264 support, or else Google has to maintain a separate video branch in Chrome.

      Unfortunately, If I compile Chromium Source Code that has H.264 support I'm forbidden from distributing the binaries unless I pay the licensing fees.

      From a web browser "start-up" perspective, it's best for Google NOT to burden the "start-up" with licensing fees or maintaining it's own incompatible video branch if the "start-up" were to fork Chromium.

      Thus, Chromium currently has no H.264 support (in favor of VP8 and Theora/Vorbis), and Chrome is simply adopting the same behavior as upstream.

      Additionally: I could have just s/ H.264 / WMV / in your post, and made the reductio ad absurdum argument for Microsoft's proprietary format -- but my heart wouldn't be in it.

    69. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      To the FSF you are more free if VLC can't be in the Apple App Store. That "freedom or nothing" attitude can be a problem.

    70. Re:Putting the snideness of the summary aside... by JustNiz · · Score: 1

      I don't know that Microsoft will ever play nicely. I'm betting they will do their usual tactic of trying to convince people that Microsoft's approach is THE 'standard'.

    71. Re:Putting the snideness of the summary aside... by KarmaMB84 · · Score: 1

      Microsoft pays more in licensing fees for H.264 than they receive. They're a very minor patent holder in that pool.

    72. Re:Putting the snideness of the summary aside... by gbjbaanb · · Score: 1

      To be fair to some of them, they allow plugins, some of which provide ones to display H.264,

      now what will probably happen is Microsoft will bundle a H.264 viewer and automatically install it into your firefox directories to enhance your browsing experience with the "Silverlight+H.264 video" plugin as part of a Windows Update.

      Personally, I don't think its going to be properly resolved until Facebook decides to back one codec or the other :)

    73. Re:Putting the snideness of the summary aside... by tomhuxley · · Score: 2

      I don't think you are getting my point:

      A. Microsoft pays a license fee for every single copy of Windows they sell. (alternatively, Apple pays a license fee for every copy of MacOS X and iOS they sell)

      B. Their share is based on their portion of 1135 patents owned by 22 companies. How many? Microsoft has 65 patents in the pool. (How many does Apple have? 1 patent.)

      A > B

      The biggest patent holders are Panasonic (377), LG (198) and Toshiba (137).

      Microsoft and Apple are doing this to avoid lawsuits, not because they are making off like bandits from royalty fees.

    74. Re:Putting the snideness of the summary aside... by tomhuxley · · Score: 1

      In B, "Their share is based ..." should read "Their share of royalties is based .."

    75. Re:Putting the snideness of the summary aside... by drinkypoo · · Score: 1

      Microsoft and Apple are doing this to avoid lawsuits, not because they are making off like bandits from royalty fees.

      Microsoft and Apple usually win lawsuits. They want H.264 to win because they want Google to lose. They are scared shitless that Google will make it impossible for them to control eyeballs. Nonetheless, there are actual monetary reasons why Microsoft wants H.264 to win.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    76. Re:Putting the snideness of the summary aside... by cwtrex · · Score: 1

      I fail to understand why noone has mentioned the possibility of the HTML5 video tag implementing a "videotype" attribute with possible values being WebM or H264 (with the possible future expansion into other options).

    77. Re:Putting the snideness of the summary aside... by elrous0 · · Score: 1

      Software Freedom potentially provides the freest landscape ultimately, but there may be growing pains.

      Is that kind of like the argument that ultimately communism will free all the workers to run the state in a workers' paradise, but to get there it's somehow necessary to go through Stalin's purges?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    78. Re:Putting the snideness of the summary aside... by Enderandrew · · Score: 1

      No, but the FSF goes after companies that ship mixed FOSS and proprietary software and declared that if users aren't using 100% FOSS software all the time, they aren't free.

      I understand the FSF's views of software freedoms, but my point is that they're asking me to trade one set of restrictions for another set of restrictions while claiming their freedom is the only valid definition of freedom.

      I'm saying this is comparable to what Google is doing here. They're pushing for the use of open codecs, at the cost of hurting user choice. So Google is clearly in the wrong, but when the FSF does the same thing they aren't?

      How does that work?

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    79. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      or, users will get tired of video not working in their browser and use IE instead of Firefox or Chrome.

    80. Re:Putting the snideness of the summary aside... by quetwo · · Score: 3

      Wrong. H.264 was created to create a STANDARD. They roaylities are pooled to pay for existing patents that HAD to be infringed on in order to create the standard. These same patents are expected to be infringed upon in the 'open-source' WebM. H.264 lives in a LOT of places, much more than just the web. Sattelites, Cable TV, Video Cameras, video encoders, hardware decoders, televisions, etc. all have had support for H.264 for a LONG time. By Google removing support for it, for a codec set that they own (remember, it's not free, they still own it), it will force a lot of content to be re-encoded to meet the WebM standard, just to support that browser. Re-Encoding the video just means that you will loose quality, loose productivity (your CPU cycles will have to do the encoding), and just cause a ruckus in the market.

      I wish people would just stop drinking the Google Cool-Aid and think about WHY they are making this move. It's not about the money. it's not about openess. It's about trying to make the standard that they bought the standard for video on the web. Next thing, they will limit the licensing to their competitors so that they can't do everything they are doing with video on the web.

    81. Re:Putting the snideness of the summary aside... by spongman · · Score: 2

      The biggest issue we have now with the abandonment of H.264 is with mobile devices. All iOS and [for what i know] all Android devices currently have hardware H.264 decoding but not WebM.

      so, which is better?
      1) we switch now and inconvenience some users who don't have hardware support, or
      2) we wait until 2016 when everyone will have H.264 support, and then have to switch everyone because license fees are going up?

    82. Re:Putting the snideness of the summary aside... by joetainment · · Score: 1

      Chrome was created to make money *indirectly*. The Chrome browser itself will probably never actually make money, but if it encourages increased internet use and increased ease of development for the web through free open standards, then it will increase Google's core business.

      Regardless, it shouldn't even matter if Google does somehow make money from this. A widely available free open standard for internet video is a huge net win for everyone. The only people it could possibly hurt are those who currently make money from licensing, or benefit from the disadvantage that Free Software has in not being able to legally incorporate patented technology. Every argument I've seen presented against WebM and for H264 is short sighted, and fails to take into account the long term implications. Once such argument being: "Devices support H264 and not WebM" when clearly, future devices could easily support WebM at no licensing cost. Another argument being that WebM isn't good enough, which fails to take into account its rapid pace of improvement, and the fact that since there are patent free legal open source implementations, new versions of the standard can continue to progress freely.

      Arguments in favor of H264 also ignore the disadvantage that it imposes on Free Software. Such a disadvantage is not acceptable for an internet standard. Hopefully once enough support gets together for WebM, the W3C people will incorporate it into the official web standards.

      My guess is that the people at Google realize that we're *never going to get* a ubiquitous high quality free open video standard for the web *unless* they really put their foot down on this issue. This action directly benefits me, and it benefits nearly all other web users long term. If the decision benefits Google too, I'm OK with that.

    83. Re:Putting the snideness of the summary aside... by arose · · Score: 1

      This isn't about GPLv3, additional restrictions can't be added to GPLv2. So if a GPLv2 implementation would honestly state the restriction that actually exist on doing anything with the code, it would still not be compatible with anything else. Hence the issue is kinda swept under the rug, that doesn't change that the code can't legally be used with all of the freedoms granted by GPLv2.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    84. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      It's strange to support "freedom" by diminishing choices.

      I think this statement illustrates the fundamental problem with free software. Freedom means too damn many things. In this case, Google is promoting freedom in the sense of web developers' freedom to create and encode video unencumbered by concerns of future royalty liability. Much the same way the FSF promote freedom in the sense of developers freedom to extend and improve software unencumbered by concerns of cash payments to previous developers. This sense of freedom is really very specific to software and content creators, and is very different than the freedom of content and software consumers to have anything they want any way they want it. h.264 is inherently unfree in the first sense, so dropping it increases freedom in the first sense, even if it reduces freedom in the second sense.

      FSF, and apparently Google, value freedom primarily in the first sense, presumably with the belief that empowering developers will naturally create freedom in the second sense. Or at least provide alternatives. This, I think, is the point that the general public misses: free software doesn't care about consumers. Free software cares about creators.

    85. Re:Putting the snideness of the summary aside... by bryansj · · Score: 1

      Who is "noone"?

    86. Re:Putting the snideness of the summary aside... by makomk · · Score: 2

      If the small company is not charging the end user for the video (this applies to all YouTube-like services) then they don't have to pay anything until 2016.

      If all they're doing is streaming videos over the Web for free to users who've already got a paid-for h.264 decoder, then they don't have to pay anything yet. On the other hand, if they want to create software with the ability to play back h.264 video, that incurs a per-user fee right now even if they're not charging the end users anything.

    87. Re:Putting the snideness of the summary aside... by tomhuxley · · Score: 1

      Apple and Microsoft settle most lawsuits against them, big difference. And Google wants to own your eyeballs to sell to advertisers. So what? These are businesses, they will compete against each other for your attention but their genuine concern for the commonweal is pretty much limited to their own self-interest.

      If there are actual monetary reasons why Microsoft wants h.264 to win besides the ones I've already shown don't really pay off handsomely, what are they? I'm genuinely interested in hearing it since I can't think of much which doesn't come down to lawsuit avoidance.

      Now, why is Google doing this, how about this for an explanation:

      Google was perfectly happy to be a h.264 licensee for Chrome until recently. So what changed recently? Microsoft decided to provide a h.264 plugin for Firefox.

      What if Google wants Microsoft (and ultimately Apple) to pay for the privilege of having h.264 on their OSes. It saves Google $6.5 million in licensing costs (that the capped maximum for software licenses).

      Google can then promote WebM free and clear while knowing that all costs for supporting h.264 are being paid by someone else.

    88. Re:Putting the snideness of the summary aside... by theshowmecanuck · · Score: 1

      So what part of "you have to give your code away if you use ours" isn't telling you what to do with your own code? I do know a policy of "use our code and do whatever you want with it (including giving away your own code if you want)" is not telling someone what to do. I guess you must like benevolent dictators too. I'll tell you what to do because it is good for you, and I'm nice.

      --
      -- I ignore anonymous replies to my comments and postings.
    89. Re:Putting the snideness of the summary aside... by makomk · · Score: 1

      "The standards is open, feel free to make your implementation as open or closed as you like"

      The idea behind h.264, however, is basically "everyone involved in creating the standard tries to lobby for it to be covered by as many of their patents as possible, so they can get royalties from it or at least avoid paying royalties themselves, even when there's an unpatented alternative that's just as good." Net result is that there's a huge thicket of patents around it, everyone else has to pay far more royalties than they should, and no-one is entirely happy.

    90. Re:Putting the snideness of the summary aside... by geekoid · · Score: 1

      But that's not open in this context, and rather stupid, to be frank.

      A) You don't choose the format someone else puts on there site, so there really isn't a choice for the user. Or more correctly, it's a false choice.

      B) People need to pay royalties for the format. So by the context relevant definition of open, it isn't.

      Would you feel less free if the courts removed the ability of the police to hold you without cause?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    91. Re:Putting the snideness of the summary aside... by geekoid · · Score: 1

      IT's still a fee, and ti's still royalties; hence NOT OPEN. Yes it's a standard. But it is counter to the idea and concepts of standards to charge for them...yes yes I know it happens.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    92. Re:Putting the snideness of the summary aside... by geekoid · · Score: 1

      Google could do just as well without Chrome.

      Google is more like the companies of old that created stuff for RnD. Yes, ultimately there is money to be made, but that doesn't not mean everything is made to make money.

      Yes, I am critical of Google, but overall they have been an impressive company for the consumer.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    93. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      and continue to loose market share - certainly...

      submitted using Firefox running under Solaris 11 Express - yup, they lost my market share.

    94. Re:Putting the snideness of the summary aside... by hrimhari · · Score: 1

      (...)my point is that they're [the FSF] asking me to trade one set of restrictions for another set of restrictions while claiming their freedom is the only valid definition of freedom.

      They're [Google] pushing for the use of open codecs, at the cost of hurting user choice. So Google is clearly in the wrong, but when the FSF does the same thing they aren't?

      In the case of the FSF, it's not a matter of free software being the only valid freedom, but rather being the freedom with most priority regarding software. Their goal is that all software should be free. The reality will probably never get near that goal, but if you set your goal too low and reach it, you stop fighting, right? So to reach the maximum percentage of free software that reality will allow it, they probably need the unrealistic, utopic goal.

      The FSF can never hurt your freedom of choice as an end user: you're still free to use proprietary and/or free software. Even the developer's freedom of choice is barely hurt: you can develop proprietary software using free software, as long as the free part gets its source code shipped with it and the proprietary part is not derived from the free.

      In the case of Google, we can't really know their real reasons. But the argument for free codecs is most likely as I explained before. If they really think so or not is beyond the point. The goal is to have the free codecs as well supported as the non-free.

      This choice hurts your freedom of choice as a media creator in the short term: if you keep using H.264 you may have trouble with people using Chrome. If you don't use H.264 you'll have trouble with hardware/software that don't support the free codec you chose. But at any time you'll be able to ship both versions of your media. It's not like you're forced not to use H.264.

      As the end user, you still have the choice of: using another browser, asking for a compatible media, implementing H.264 as a plug-in and paying the license...

      So, firstly (no difference between FSF and Google), to me there's a clear difference between both cases:

      - The FSF has a valid goal where the freedom of choice is barely hurt: the only two forbidden things are derive from free software to create proprietary software, and not ship the free software's source code.
      - Google's real motives are unknown, but if we stick to their argument: they want to stop supporting royalty dependent codecs. Media creators and users will suffer with this decision in the short term. But if the free codecs get widely adopted, the importance of the paid codecs to media creators is null and to users very small.

      Secondly (free codec vs. freedom of choice), if the free codec's goal is reached, you'd have no reason to use the proprietary codec: why pay if you can have similar results for free?

      --
      http://dilbert.com/2010-12-13
    95. Re:Putting the snideness of the summary aside... by westlake · · Score: 3, Insightful

      Although very crudely worded, "Anonymous Coward" is right. H.264 is created to make money.

      As if no one has to pay the bill for ongoing R&D at this level.

      But let us begin with a bit of history:

      H.264/MPEG-4 AVC is a block-oriented motion-compensation-based codec standard developed by the ITU-T Video Coding Experts Group (VCEG) together with the ISO/IEC Moving Picture Experts Group (MPEG). It was the product of a partnership effort known as the Joint Video Team (JVT). The ITU-T H.264 standard and the ISO/IEC MPEG-4 AVC standard (formally, ISO/IEC 14496-10 - MPEG-4 Part 10, Advanced Video Coding) are jointly maintained so that they have identical technical content.


      The intent of the H.264/AVC project was to create a standard capable of providing good video quality at substantially lower bit rates than previous standards (e.g. half or less the bit rate of MPEG-2, H.263, or MPEG-4 Part 2), without increasing the complexity of design so much that it would be impractical or excessively expensive to implement. An additional goal was to provide enough flexibility to allow the standard to be applied to a wide variety of applications on a wide variety of networks and systems, including low and high bit rates, low and high resolution video, broadcast, DVD storage, RTP/IP packet networks, and ITU-T multimedia telephony systems.
      H.264/MPEG-4 AVC

      H.264 has never been exclusively a web video codec.

      For a small global sampling of video services and applications based on H.264:

      List of video services using H.264/MPEG-4 AVC

      A search of Google for "H.264 medical applications" returns about 276,000 hits. A search of Gooogle Images for "H.264," 33 million hits, "WebM," 173,000. A product search of Google Shopping for "H.264," 69,000 hits.

      Consumer products, industrial and commercial security and so on.

      If your employer can't play his internal videos in the browser, he won't be installing Chrome - he won't be transcoding to WebM - and he has one less reason to choose Linux or Android over the iOS, OSX or Windows 7 platforms.

      20% of peak hour network traffic in the states is a Netflix video stream.

      Think of it as five hours each evening without a single penny going to AdSense.

      Licenced, paid for, and content protected video. No one can simply walk away from a market that size and survive.

    96. Re:Putting the snideness of the summary aside... by Alrescha · · Score: 0

      "Why should I pay 10 cents for something to be included that I don't need because I have a free alternative?"

      If you're satisfied with less than 'best', then you shouldn't. Why should those of us happy to pay ten cent for the best codec available to us be denied that opportunity because a small but vocal minority are unhappy with a very reasonable licensed product?

      If you want to talk about not having software patents at all, fine. But that is a different topic. Until that happens, MPEG LA is just working within the system, and not badly at that.

      Personally, I find Google a much more disturbing corporate entity than the MPEG LA folks.

      A.

      --
      ...bringing you cynical quips since 1998
    97. Re:Putting the snideness of the summary aside... by westlake · · Score: 1

      And what about companies smaller than google?

      If your broadcast, cable, DVD, or subscription market is 100,000 households or less licensing H.264 costs you nothing.

    98. Re:Putting the snideness of the summary aside... by hedwards · · Score: 3, Insightful

      Except that the MPEG-LA patent pool means that it can't be used by Firefox as an included plug in. Remember than in some parts of the world, Firefox is the most popular browser, and even in parts where it's not, they've still got a sizable install base. Same goes for other free browsers, they can't be expected to pay when they aren't charging for their products.

    99. Re:Putting the snideness of the summary aside... by arose · · Score: 1

      The GPL (among with other copyleft licenses) is also a widely used open source license. Any critique of it reflects on all of FLOSS, and is in no way unique to the FSF. In fact, you can just observe that GPL (or at least LGPL) is used in Chromium and leave the thread on that, because it's pointless to argue about H.264 if it is by definition as restrictive as the FSF.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    100. Re:Putting the snideness of the summary aside... by hedwards · · Score: 1

      Ten cents is ten cents more than I'm currently required to pay to use Firefox.

    101. Re:Putting the snideness of the summary aside... by Enderandrew · · Score: 1

      You do realize the FSF has repeatedly said Firefox isn't free software, and repeatedly asked Mozilla to block the installation of any non-GPL extension or plug-in, right?

      If you think the FSF is fine with people using proprietary software and respects users's freedom of choice, then I don't know what to say, except the blast Ubuntu for allowing users to install proprietary software, blast the kernel for allowing proprietary firmware, and blast Mozilla for allowing proprietary software.

      The FSF has called for putting users in a jail cell where they don't have the freedom to run the software they want, and insisting that anything less than their set of rules doesn't constitute free.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    102. Re:Putting the snideness of the summary aside... by s73v3r · · Score: 1

      And what are you going to do with your Theora decoder? Something like 99% of the web's video is in H.264. What good is being able to implement a free Theora decoder if there's nothing to decode?

    103. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      If you're nit making 100k as a company you wouldn't be able to afford engineers either so it's a moot point.

    104. Re:Putting the snideness of the summary aside... by corvax · · Score: 1

      What this is really about is wich format gets chosen as THE defacto standard for the html video tag. Now no one wants an encumbered format to be choosen because it will hinder how video is used/viewed/shared/sold redistributed. There HAS to be ONE codec chosen you cant have multiple contenders because it would cause sites considerable bandwidth and hosting costs to have videos encoded multiple ways. Also you pay the "h264 tax" when you buy cameras dvd players etc. Once webm is ported to those devices youll stop paying that tax.

    105. Re:Putting the snideness of the summary aside... by Sparhawk2k · · Score: 1

      Chrome was created to push a better web environment that will help Google make money in other ways, not to make money in itself. Now, that doesn't mean you should forget that Google exists to make money. But it does put Chrome itself in a slightly different light.

    106. Re:Putting the snideness of the summary aside... by stiggle · · Score: 1

      So you fully support the HTML 'BLINK' tag and think it should stay?

      Some things should be removed - those with patent licensing especially so.
      I know that MPEG LA have said that internet video using H.264 will not have to pay any patent license fees, but do you trust them to keep to that?

    107. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      MPEG-LA licenses the H.264 standards under RAND (reasonable and non-discriminitory) terms -- they're not playing favorites to give some companies strategic advantage over others.

      Except that the terms are discriminatory: it is completely impossible to use H.264 in many free software products, for example. They are giving companies strategic advantage over non-profit entities.

    108. Re:Putting the snideness of the summary aside... by tbannist · · Score: 1

      So what part of "you have to give your code away if you use ours" isn't telling you what to do with your own code?

      The part that says "if". You are offered an opportunity with an associated cost. It is your choice whether to take advantage of the opportunity or not. The fact that you are expected to pay the cost if you take the opportunity does not infringe on your freedom in any way, shape or form.

      --
      Fanatically anti-fanatical
    109. Re:Putting the snideness of the summary aside... by Haeleth · · Score: 1

      The height of "openness" and freedom to me is the ability for me, as the user, to CHOOSE whatever format I want to watch or use for myself.

      Really? I think you'll find yourself in a tiny minority, as most users don't even realise there is more than one video codec available, let alone care which is used.

      OTOH, quite a lot of people do care about having the choice to use whichever web browser they want; and since very popular browsers such as Firefox cannot easily implement H.264, it is clearly beneficial to this more relevant choice issue for the web to standardise on a format that does not require the imposition of choice-limiting licensing restrictions.

    110. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      At least 80% of any hardware that accelerates H.264 in hardware can probably be used to accelerate VP8: most of the functions are similar enough for that not to be a problem, and what you generally really see, rather than truly fixed-function hardware blocks, is proprietary DSPs or shaders, with the decode logic being pushed to it in the driver. There is nothing specific about H.264 in that.

      The TI OMAP, Broadcom and Samsung SoCs used in mobile phones, for example, all are capable of supporting VP8 in hardware in the same way they support the H.264 profiles: I saw an existing OMAP running it fine in hardware at 1080p at the VP8 launch, and it wasn't even optimised that well then... you’ll see that work in pushes of Android Gingerbread on the various phone hardware, for example, which is already on the Nexus S. My own phone plays it in hardware already.

      The transforms that VP8 uses are essentially the textbook forms of the strange, modified ones H.264 uses (and therefore, may very well be very close to H.264, but in my personal opinion - I'm aware one of the x264 devs disagrees - was probably specifically designed to nearly, but not quite infringe any of the known patents). I note incidentally that Google are notoriously good at search, have an exhaustive index of all registered patents, and spent millions to buy On2 essentially specifically for the purpose of opening VP8 - I don't think they wasted those millions, I think they know it doesn't infringe anything they haven't licensed because they've actually exhaustively checked every filed patent (sounds hard? Easier than searching the web!), but they will not indemnify you for that because Google is not in the business of accepting your liability or selling you insurance (and besides, MPEG-LA don't indemnify you for patents they don't hold either - if an MPEG-LA patent covered VP8, they would have had to have taken action by now or be able to demonstrate why they haven't, and any hypothetical unknown submarined patent that covered VP8 would probably cover H.264 as well).

      True fixed-function stuff actually isn't used very often (Sandy Bridge does seem to be one, but we do still have the chipset shaders to play with), and the fixed functions that do get used are usually sufficiently general for it not to be a problem most of the time. Expect to see more hardware support coming, with backported drivers.

    111. Re:Putting the snideness of the summary aside... by wamatt · · Score: 1

      Although very crudely worded, "Anonymous Coward" is right. H.264 is created to make money. By Google removing support for H.264, it pushes for an actual open standard.

      This is simply false. (Lifted from a post I just made about this in the Ars forums) MPEG-LA licenses the H.264 standards under RAND (reasonable and non-discriminitory) terms -- they're not playing favorites to give some companies strategic advantage over others. Moreover, if you think about the fact that there are 1000 patents in the H.264 license pool, and no individual company owns more than a few, you quickly realize that nobody who actually implements H.264 is making more money from it than they pay for it. The idea that anyone is supporting H.264 because they want to get rich off of license fees is ludicrous.

      H.264 is a real standard, developed and governed by a multi-party process, recognized by international standards organizations, and extensively documented. WebM is some C code that Google bought and dumped on the public. Other stakeholders had no input into the "specification". There is no formal multi-party governance process; the format is de facto controlled by Google, because they employ the developers. In practice, WebM is defined by Google's code, not by standards documents.

      Oh, and WebM is also technically inferior.

      And as if that weren't enough, it's extremely unclear, given what happened to Microsoft with VC-1, that WebM has actually managed to avoid patent liability. Keep in mind, Google hasn't indemnified anyone, and their strategic interests are served here even if a patent licensing pool does eventually need to be set up for WebM. So they have essentially nothing to lose by pretending its unencumbered, even if it's not.

      Great post. Notice how there is no comeback.Could not have said it better myself.

    112. Re:Putting the snideness of the summary aside... by tyrione · · Score: 1

      $100,000 is more than some small companies make in a year.

      I don't have freedom if I have to like the pockets of some cartel Shylock.

      Line the pockets.

    113. Re:Putting the snideness of the summary aside... by tyrione · · Score: 1

      Chrome was created to boost brand loyalty. Google does not charge for it, nor are ads directly incorporated. There is no revenue stream associated with Chrome.

      It's a browser. There is always a revenue stream when using a browser. You just aren't the one paying Google to have your content strewn all over sites.

    114. Re:Putting the snideness of the summary aside... by znu · · Score: 1

      Firefox could simply use external H.264 decoding capabilities, present in both Windows 7 and OS X by default, and trivially available for Linux.

      Frankly, this whole argument is a straw man. Would you really want the codec implemented in the browser anyway? What are the odds the browser developer would implement things as well as the OS developer, especially with respect to features like hardware acceleration? The vast majority of applications, including browsers, have no reason to contain their own implementations of video codecs.

      And as far as Firefox in particular, the Mozilla Foundation makes nearly $100M/year in revenue from search engine referral payments. They could trivially afford H.264 decoder licensing, if for some reason they did want to include a decoder internally.

      The Mozilla Foundation's decision not to support H.264 is political, not practical.

      --
      This space unintentionally left unblank.
    115. Re:Putting the snideness of the summary aside... by blair1q · · Score: 1

      1. Create a new browser technology and give away a full browser for free.
      2. ???
      3. Profit!

      In this case, the ??? can only involve goodwill, because any other browser will get you the same ad clicks.

    116. Re:Putting the snideness of the summary aside... by Timmmm · · Score: 1

      All true, but I think there is one big advantage that WebM has over H.264: the WebM format *must* be a Matroska file, and it *must* contain Vorbis and VP8, which only has one profile. That basically means if you have a WebM file, and a WebM decoder, you can almost certainly play it.

      In contrast, H.264 can be paired with any audio codec, in any container, and has a large number of different profiles and features that not all players support .

    117. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      Someone is getting rich, otherwise the fees would not be so large. And if it isn't one person getting rich, then the fees are large because a lot of people are getting paid quite a bit. Either way, it costs a lot more than the alternatives, and if FF and Chrome aren't going to pay for it, it's not going to get very far. When Safari drops it that will leave IE, which is dwindling in market share; and if MS tries to get sites to use a lot of H.264 to push IE, keeping other browsers from showing the content, that's just going to bring up its antitrust problems again.

    118. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      And Firefox was, too, right? Why would we want a standard for the web depend on who has the cash to pay?

    119. Re:Putting the snideness of the summary aside... by babblefrog · · Score: 2

      Isn't WebM BSD licensed, with an irrevocable patent grant? How can they limit how their competitors use it?

    120. Re:Putting the snideness of the summary aside... by Americano · · Score: 1

      The terms of the license will not be raised more than 10% per renewal period. That's baked right into the license terms, and if MPEG-LA tries to hike them more than that, they won't be able to collect.

    121. Re:Putting the snideness of the summary aside... by russotto · · Score: 1

      That's because GPL v.3 shot itself in the foot, making it impossible to create GPL v.3 licensed software that implements something that is patented.

      No, it isn't. Anyone who neither holds the patent nor a license for the patent can create as much GPL v.3 licensed software that implements it as they care to. This may infringe the patent, but it does not infringe the GPL.

    122. Re:Putting the snideness of the summary aside... by spitzak · · Score: 1

      So what part of "you have to give your code away if you use ours" isn't telling you what to do with your own code?

      Perhaps this is a troll, but the answer is imbedded in your own question. I put it in bold if you are too blind to see it.

    123. Re:Putting the snideness of the summary aside... by Draek · · Score: 1

      The fees for those that actually produce content rather than simply consume it as you do are much higher.

      --
      No problem is insoluble in all conceivable circumstances.
    124. Re:Putting the snideness of the summary aside... by spitzak · · Score: 1

      Because all the parties are interpreting this tag but refusing to understand any values other than the ones they want. So Chrome will not crash when given video in H264, it will just ignore it.

      Disinterested parties such as Opera will just give the codec name to video libraries on the system where it is possible for the user to add new missing ones. But Microsoft, Firefox, and (I think) Chromium are all refusing to do this. They all give really bogus excuses about stability (this is especially silly from Microsoft, where the video library is their own product!) but the real reason is to make sure the codecs they don't want do not work.

    125. Re:Putting the snideness of the summary aside... by Draek · · Score: 1

      Google's position isn't due to Chrome but to Youtube, in particular their desire not to be fucked over by MPEG LA in licensing fees over it.

      --
      No problem is insoluble in all conceivable circumstances.
    126. Re:Putting the snideness of the summary aside... by shutdown+-p+now · · Score: 1

      Fact is, Chrome is a derivative of Chromium -- If Google goes with H.264 then Chormium would have to have H.264 support, or else Google has to maintain a separate video branch in Chrome.

      They don't. Ever wondered why x264 doesn't have legal problems?

      Unfortunately, If I compile Chromium Source Code that has H.264 support I'm forbidden from distributing the binaries unless I pay the licensing fees.

      That is correct (in the USA). But that is your problem, not Google's.

      To prevent users from accidentally doing something illegal - not that they have to, but just to be nice - they can always use #ifdef.

    127. Re:Putting the snideness of the summary aside... by spitzak · · Score: 1

      As I understand it, Microsoft, Firefox, and Chrome are all refusing to allow the HTML5 tag to launch plugins. They have amazingly convoluted and bogus excuses for this, though it is pretty obvious that the reason is that it would make it easy for users to work around all their politics and run the codecs they don't like.

    128. Re:Putting the snideness of the summary aside... by Draek · · Score: 1

      I'd say they're more interested in raising the barrier of entry to the market than they are in money per se. We've always known Microsoft is perfectly willing to spend a few millions just to get rid of a competitor, so the MPEG LA licensing fees must look like a bargain to them, given the effect they're having on the market.

      --
      No problem is insoluble in all conceivable circumstances.
    129. Re:Putting the snideness of the summary aside... by Svartalf · · Score: 1

      All it takes is the right DSP code and a DSP capable of doing h.264 decode.

      A demo of WebM on Android on an OMAP4 SoC...

      In theory, you could get an OMAP3 or similar to do the work- it just won't be able to be at as low a power consumption as the OMAP4's (which is part of the big deal with the OMAP4 demo there...)- which means if your vendor provides a codec to swap in, you too can have WebM on your phone.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    130. Re:Putting the snideness of the summary aside... by Draek · · Score: 1

      Control of the format is irrelevant, as both sides are trying to push their format onto the HTML5 standard, and whatever gets put there will become the actual standard regardless of what anyone else does afterwards. In that context, Flash is irrelevant as its closedness is so obvious as to not make it even a potential candidate for the HTML5 standard.

      What matters however is the licensing, and while WebM is available under a BSD license for anyone wanting to use it for any purpose whatsoever, h.264 is known to depend on patents held by an oligopoly formed by some of the largest players on the industry which are very much *NOT* available to anyone, at least not without a significant monetary fee.

      --
      No problem is insoluble in all conceivable circumstances.
    131. Re:Putting the snideness of the summary aside... by Draek · · Score: 4, Insightful

      H.264's licensing terms are anything but "reasonable", given its context. HTTP is free, HTML is free, FTP is free, every single protocol and format standardized for its use on online communication has been free since the inception of the Internet, demanding now the use of a codec that requires monetary payment to create, distribute and display content using it is outrageous, particularly when valid, Free alternatives exist and have already begun to be put in place.

      --
      No problem is insoluble in all conceivable circumstances.
    132. Re:Putting the snideness of the summary aside... by zeroshade · · Score: 1

      What about when you're shipping a browser or some other software that needs to embed a decoder? Then if you're getting millions of downloads, you're paying millions per year. When you're talking about free software like Firefox and Opera, they don't have the money to spend millions per year. If you're a small company trying to make a product that licensing fee is by no means trivial.

    133. Re:Putting the snideness of the summary aside... by DJRumpy · · Score: 1

      What substantial stake? Apple has a single patent in the pool. Folks like Samsung have a huge number of patents in the pool. Apple's stake is actually very small.

      Apple won't. They own a substantial stake in the h264 patent pool - WebM is their direct competitor, so they arn't going to do anything to aid it.

      http://www.engadget.com/2010/05/04/know-your-rights-h-264-patent-licensing-and-you/?s=t5

      Claiming some huge 'win' for Apple if H.264 stays dominent is stretching the truth a bit. Some of the 26 companies in the patent pool own over a hundred patents.

    134. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      Hey, you've convinced me on the goodness of the H.264 industry standard, its openness and multi-party procedure. Its great!!! Thats how I like things done. Now the only thing remaining for all that greatness is that "multi-party" companies agree alltogether on liberating each one of their share of the patents they are holding on pieces of code used in H.264 and then also any suitability and royalty demanding related to it and future releases of the current web video standard. This way I think all browsers, even Chrome, and every product/app/little tool maker, you and me, will agree on full supporting that nicely conceived thingy. In fact, we don't need WebM really. We just need a few less greedy bastards agreeing on their standards and succeed.

    135. Re:Putting the snideness of the summary aside... by Carewolf · · Score: 1

      That is not how it works. A number of companies draft a standard. The objective of each company is to make the standard infringe on their patents, or secrectly patent parts of the standard as it is being drafted (happens all the time). If the participating companies could not do this they would get no value for their VERY expensive membership of a standardization organization.

    136. Re:Putting the snideness of the summary aside... by Slime-dogg · · Score: 1

      I didn't realize that there were no alternatives to Chrome!

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    137. Re:Putting the snideness of the summary aside... by lennier · · Score: 1

      If you build a part to do something with H.264 video, as long as it conforms to spec, it will work with others' products.

      You can build a GPL-licenced implementation of H.264, but it will be illegal to distribute in the USA or any other software-patent regime.

      Why do people defending H.264 keep overlooking that it makes a whole class of developer into outlaws? Not a very useful feature for a standard - unless you happen to not be or know or use the products of anyone in that developer class. Good luck with that.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    138. Re:Putting the snideness of the summary aside... by hrimhari · · Score: 1

      I don't think the FSF is OK with people using any proprietary software, simply because it goes against its goal. But I don't see where the problem is.

      The difference between our opinions seems to lay in the fact that you seem to think that, because the FSF defends its goal, it's bad. While I admire the notion of free software as explained by the FSF, I understand the need of an entity like the FSF defending its purism, and at the same time I admit to myself that I am not ready to live today without some proprietary software.

      I don't judge the FSF for trying to be pure because I accept its role in the defense of free software, any free software , even if it's not the copyleft-free-software they prefer.

      If they complain that Firefox is not free software because it runs proprietary plugins (if, because you didn't add any citation), I reserve the right to disagree on the basis that FF itself is free, even if it can be run with proprietary software. Much like we can compile and use GNU tools in HP-UX or Windows without the GNU tools themselves stopping being free software.

      In fact, this kind of right is clear on the first link I mention.

      --
      http://dilbert.com/2010-12-13
    139. Re:Putting the snideness of the summary aside... by lennier · · Score: 1

      MPEG-LA licenses the H.264 standards under RAND (reasonable and non-discriminitory) terms -- they're not playing favorites to give some companies strategic advantage over others.

      They are, however, discriminating utterly against Free and Open implementations of the 'standard'. I think this is the bit which industry players ofter forget - companies can licence patents, but Free Software developers simply cannot, because imposing any further restrictions on users it violates the GPL (or any GPL-compatible license which has a similar clause).

      So standard, shtmandard, it's illegal to develop for if you work in GPL code - not in fact 'reasonable and non-discriminating' at all. That FLOSS didn't exist when RAND was defined doesn't help - it's now become a huge heavy hammer which makes a whole class of development illegal.

      Seriously, this stuff is Open Source IP Law 101 which we've all on this site learned from heart for the last fifteen years - where are all you IP newbies coming from who don't know the ropes? It's sweet to see so many fresh naive young faces who think the system works, but it's not like these questions haven't been asked and answered for decades.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    140. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      Yeah, they 'recommend' you use only FOSS by removing support for alternatives

    141. Re:Putting the snideness of the summary aside... by lennier · · Score: 2

      Same goes for other free browsers, they can't be expected to pay when they aren't charging for their products.

      It's not just 'can't be expected to pay'. It's legally obligated by copyright law to NOT pay, if the patent licence cannot be passed on to the user in the same manner that the GPL's rights and freedoms are.

      This is not about being cheap. It's about respecting the law and empowering the user. H.264 is a nasty piece of work because it creates a divide between those who own a patent licence and those who don't. But in the GPL world you cannot create such a divide, either morally or legally. The whole intent of the Free and Open Software movement is to remove the artificial copyright and patent divides between developers and users.

      What disturbs me most about this whole H.264 discussion is that a generation seem to have grown up who simply don't understand how dangerous this patent is, as a technological precedent. I get that you just want to 'create stuff without caring about politics', but do you not realise that the existing politics are set up to prevent you from just creating stuff' Politics is exactly what the GPL is fighting so that you can create. MPEG-LA want to divide you into different classes with different rights based on how much you pay, and keep a long patent string on you - and remove your ability to use GPLed software for media. GPL wants to give everyone the same rights as everyone else, to empower consumers to be creators and users to be developers.

      Google as a company might not be 100% non-evil, but in this case, they appear to be backing the GPL, which is the non-evil side of this particular debate.

      I believe that empowering users is both the best way to unleash creativity, and just the Right Thing to do for its own moral and ethical sake. But I'm getting the sense that far too many of you out there simply don't care about the legal frameworks that give you the rights you assume you have - that you don't even realise what rights you don't have, and are even cheering on their destruction.

      That's just sad. Please wake up and educate yourselves.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    142. Re:Putting the snideness of the summary aside... by Sheik+Yerbouti · · Score: 1

      Rubbish

      What did you pay for chrome? Nothing

      Are you forced to use google search? No

      Is that even the default? no you are asked to choose on first startup which search engine to use and might I add that choice is far more straight forward than the convoluted way MS implemented the choice on IE as a pop under tab.

      No one pays anything to use chrome and further chromium is completely open source. Quit trying to equate Google that genrally does good things with cartels like MPEG-LA that's just rubbish.

    143. Re:Putting the snideness of the summary aside... by Improv · · Score: 1

      It's still a problem. All the tools that can't casually be extended to deal with a format without licensing BS are lessened. We're best off shunning formats that are closed if we reasonably can.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    144. Re:Putting the snideness of the summary aside... by Improv · · Score: 1

      Open governance of a patented technology still leaves us with patents to deal with. It's reasonable for the community to prefer that "C code that Google bought and dumped", managed however google likes, over encumbered code. We can fork if we like.

      Maybe WebM is technically inferiour. I don't know enough to have an opinion. If it's a reasonable choice, we should go with it (or theora) anyway. Patented formats belong in the dust.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    145. Re:Putting the snideness of the summary aside... by asdfghjklqwertyuiop · · Score: 1

      They don't. Ever wondered why x264 doesn't have legal problems?

      ...yet

    146. Re:Putting the snideness of the summary aside... by asdfghjklqwertyuiop · · Score: 1

      Compared to other costs, licensing fees are fairly trivial. $100k doesn't even buy a competent engineer for a year.

      Exactly. Because nobody has ever produced a non-trivial piece of software, ever, without paying some engineer at least $100k, right? OP is clearly living in some fantasy land where web browsers, video utilities or maybe even entire operating systems are produced and given away for free. Ludicrous.

    147. Re:Putting the snideness of the summary aside... by BitZtream · · Score: 1

      And you don't have to pay that $100k until you get into the millions of units distributed.

      For small independent developers the fee is $0. If you get popular, yes, you have to pay, but the tiers for payment are extremely cheap compared to the distribution size.

      After 100k units (below that is no royalty charge) I believe it is, your price per unit is about $0.025 USD .... thats right ... 3 cents per unit, and it does nothing but go down from there.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    148. Re:Putting the snideness of the summary aside... by BitZtream · · Score: 0

      Fee has nothing do to with open.

      Pretty much every OSS license in existence fully accepts charging fees for the software distribution. You could not possibly be more wrong, nor could you possibly be any more obviously a freeloader.

      What you mean is because it has a 'fee' it is not 'Free'. Open has nothing to do with your argument.

      And what you mean by free is not free as in libre, its free as in no cost, again, absolutely no relation what so ever to open.

      What you mean by 'OPEN' is 'FREE RIDE'. You need to learn engrish a little better me thinks.

      Its completely normal to pay for standards, I'm guessing you've just never worked in the position to know that. People pay to license open standards all day long.

      Richard Stallman doesn't define open, neither do you, and you both have the wrong definition.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    149. Re:Putting the snideness of the summary aside... by BitZtream · · Score: 0

      f however, Google and Mozilla remove support for H.264 and only support open codecs, Microsoft will be forced to adopt open standards as well, rather than slamming Google for "imposing a language on the world," as they've tried to do many times in the past.

      Really? Microsoft HAS to do what everyone else does?

      What world have you be living in because I've been fighting Microsoft not following what everyone does for the last 15 years. I don't think I was ever around for the time when MS followed someone else standards (with the exception of IP and Kerberos that I can think of).

      MS won't change because of this, and websites will still do what MS says if they want to stay relevant. Slashdot might not, but major websites will, including Google.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    150. Re:Putting the snideness of the summary aside... by BitZtream · · Score: 0

      I would gladly pay for many Linux packages at $0.10 a piece, hell much more than that.

      I won't pay, however, for the thousands of shitty half completed Linux apps that are pawned off as 'alternatives to commercial software' when they are no where NEAR the same level of quality.

      Of course, Linux distributions, just like Microsoft Windows distributions could bundle a bunch of shit together and charge one price for the package instead of 10 cents per package and sell it too me for $100. They'd have to raise the bar from a usability standpoint, but its not out of the question and it could actually be used to fund development.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    151. Re:Putting the snideness of the summary aside... by BitZtream · · Score: 0

      I'm sorry, WHY can't it be used as a plugin? All firefox has to do is support the codecs installed on my Windows machine and it'll have h264 support as I have it for other reasons, and every other app on my system doesn't seem to be unable to use those codecs ...

      The browser developer doesn't have to pay if they don't use it, they just have to make provisions so someone else can sell it or give it away if they want to pay the fees.

      The license fees are so ridiculously cheap that you could write it off as a cost of doing business and it wouldn't even be worth mentioning on the balance sheets. Hell, saying you support h264 so the video will play on the iPhone/iPad in your advertisements would be worth the $10k cost per year (price for 1million units or more).

      But back to my original point, please cite specifically where Firefox would be unable to use h264 for any reason other than their own artificial reasons.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    152. Re:Putting the snideness of the summary aside... by SadButTrue · · Score: 1

      I suspect the union of "Bank CEO" and "Posting on /." is really really small.

      --
      grape - the GNU free, open source rape
    153. Re:Putting the snideness of the summary aside... by BitZtream · · Score: 1

      h264 is open, but it also has patent issues

      Yes, except by licensing h264 the patent responsibility is on them, not you, so this hogwash about 'omg scary patents' is just a retarded FUD excuse.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    154. Re:Putting the snideness of the summary aside... by BitZtream · · Score: 0

      FOSS software forces me to do MANY thing the way the authors wanted it even though I have the skills to change it. I don't have the time to change it.

      For the record, I also have the skills to pretty much mangle any commercial software package into doing what I want as well, without the source, binaries are just another form of code to be deciphered. But I don't ... because I don't have the time.

      As far as FOSS not having restrictions ... ever FOSS license except public domain is a list of restrictions placed on what you can do with the software, its retarded to say it has no restrictions when the license itself is nothing more than a list of restrictions. You DO know FOSS software is still licensed right?

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    155. Re:Putting the snideness of the summary aside... by SadButTrue · · Score: 1

      thank god I am not alone.. google gives me the scary dreams too!

      / thank you, thank you
      // i will be here all week
      /// don't forget to tip the waitress

      --
      grape - the GNU free, open source rape
    156. Re:Putting the snideness of the summary aside... by theshowmecanuck · · Score: 1

      You are offered an opportunity with an associated cost.

      A fee is a fee by any other name. According to what you say, GPL should take the free out of FSF.

      --
      -- I ignore anonymous replies to my comments and postings.
    157. Re:Putting the snideness of the summary aside... by mjwx · · Score: 1

      Chrome was created to make money.

      How is this contrary to doing good things?

      Making or wanting to make money is not intrinsically evil. Like just about everything it can be done with good effect, bad effect and no real effect on the old Fallout Karma scale.

      Since when has turning a profit, turned you evil?

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    158. Re:Putting the snideness of the summary aside... by terjeber · · Score: 1

      If you, as you should, use the codecs installed on the computer on which your browser runs, the licensing cost for shipping H.264 support, contingent upon the PC having an H.264 decoder (the majority of them do) is zero. Nix. Nada. Zilch. I think Google can afford to ship when paying $0.00 in licensing cost. Don't you?

      This has nothing to do with licensing cost and everything to do with Google wanting to rule the world.

    159. Re:Putting the snideness of the summary aside... by terjeber · · Score: 1

      and the funny thing here is that H.264 is the open standard governed by a standards body. WebM, though free, is closed and owned by a single company. So, we are supporting open standards or...

    160. Re:Putting the snideness of the summary aside... by drinkypoo · · Score: 1

      So, we are supporting open standards or...

      Heads they win, tails we lose.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    161. Re:Putting the snideness of the summary aside... by cwtrex · · Score: 1

      I understand this, however, what I attempted to say was why they didn't think to implement this feature instead?

      (current use of the code below and defaults to h264 which chrome will ignore or webm which IE will ignore in total)
      <video src="movie.ogg" controls="controls">
      your browser does not support the video tag
      </video>

      Specifies type so browser knows how to(or if it can) process it:
      <video videotype="webm" src="..." controls="controls">

      or

      <video videotype="h264" src="..." controls="controls">

      The whole point of this would be for them to still be able to publish the video tag as part of HTML5 and have room to expand upon it as needed.

    162. Re:Putting the snideness of the summary aside... by Aighearach · · Score: 1

      In addition to being an insufferable moron in general, you show an extreme lack of respect for your elders. Sonny.

    163. Re:Putting the snideness of the summary aside... by Aighearach · · Score: 1

      I thought the point was that we want it to be a contained, known system that we (users) can trust. Like javascript.

      There used to be lots of different content plugins, but a lot of users are only willing to install one or two, because they don't trust plugins. It isn't, and is not seen as, safe to just install any old plugin. And that risk means that low information users would need to be afraid of html5, and we'd need to train them to be afraid and not to install stuff.

      We've been there. We want to go forwards, not back.

    164. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      Because the free alternative is the equivalent of demanding iTunes and Amazon to support OGG along with all of the hardware manufacturers. It may be 'free' but it isn't necessarily better.

    165. Re:Putting the snideness of the summary aside... by RichiH · · Score: 1

      Yes, now. But once WebM is in silicon, and all chip vendors other than Intel committed to that, you have all smartphones hardware-enabled to play WebM (as with H.264 today, granted). Maybe Apple will disable that on purpose, maybe they won't.

      Anyway, you are left with a situation where only MS IE and possibly Safari & the iPhone can not play WebM. Everyone else can. And you don't have to pay for one of the options. So people will shift to WebM (hopefully) as it saves costs in the long run.

      And Adobe Flash will support WebM. So IE & Safari get to play WebM via Flash. Everyone else will use the video tag. iPhone & iPad users are already used to not having an open platform so they should be fine ;)

    166. Re:Putting the snideness of the summary aside... by RichiH · · Score: 1

      > every single protocol and format standardized for its use on online communication has been free since the inception of the Internet

      GIF.

      Other than that, I agree.

    167. Re:Putting the snideness of the summary aside... by tbannist · · Score: 1

      I can see your point, but I don't agree with it. You are conflating different meaning of free, the Free Software Foundation is about freedom, not cost. The cost of using GPL software as an integral part of your own software is allowing other people the same freedom that the GPL granted to you.

      --
      Fanatically anti-fanatical
    168. Re:Putting the snideness of the summary aside... by marnues · · Score: 1

      That $100K might not be a big deal to small companies here in New York. But back home in Montana where the license is not adjusted for cost of living (how awesome that would be), $100K is enough to buy a starter home. Let me think...buy my startup an H.264 license or deal with Theora and finally own my house. What a choice...

    169. Re:Putting the snideness of the summary aside... by theshowmecanuck · · Score: 1

      If you take the point: time = money, then yes I am talking about cost as well as freedom. But not necessarily. If I tell you that I will give you something, but in return you MUST do something for someone else, then you are not giving that something away for free. You are attaching a condition. A condition in this case is a constraint, and a constraint by definition is the opposite of free.

      In the case of FSF, you give me something for free, but then tell me I HAVE to give away whatever I work on that uses it. While I think it is a nice, and often good thing to do, by telling me I HAVE to do it is putting a condition/constraint on my using your code. You are forcing me to do something if I use your code. If we were talking in terms of money, you would be forcing me to give you money in return for your product. There is quid pro quo in both scenarios.

      I agree with the merits of the FSF and the GPL, but sorely disagree with people running around telling everyone it is 'free' and 'open', regardless of the beer analogies you might use. They are good projects but please, I wish people involved in them would stop trying to dress this up as something more than a form of forced software socialism (and I don't believe that all aspects of socialism are bad, after all, I like communal pooling of resources to pay for police and fire services, public education, etc.). I know GPL people hate to hear this, but I believe that Apache and BSD are far closer to real free and open software than GPL is, as they don't put constraints on the users of their code. Meanwhile, the GPL gets ever more restrictive (e.g. v2 to v3).

      Finally I am really bothered by the fact that people here will mod people as a troll if they don't agree that the GPL and the FSF are really free. People who do this are just as bad as the Christian and Muslim fundamentalists who can't stand people to disagree with them. Especially when I am right. :p

      --
      -- I ignore anonymous replies to my comments and postings.
    170. Re:Putting the snideness of the summary aside... by tbannist · · Score: 1

      The problem is that your definition of "freedom" is all rights and no responsibilities. In theory that's better, in practice that leads directly to a loss of freedom.

      --
      Fanatically anti-fanatical
    171. Re:Putting the snideness of the summary aside... by Anonymous Coward · · Score: 0

      GIF, MP3, to name a couple of contrary examples...

    172. Re:Putting the snideness of the summary aside... by yakumo.unr · · Score: 1

      And yet, though I realise it wasn't the only reason (they believe the same logic Google has now chosen to follow) even Mozilla decided it was too much to invest.

    173. Re:Putting the snideness of the summary aside... by Chuck_McDevitt · · Score: 1

      Except it is very likey that WebM infriges the very same patents that MPEG-LA is licensing. Just becuse WebM was developed without looking at closed-source code, that doesn't absolve it from patents.

  3. Rarrr!!! by Jugalator · · Score: 3, Insightful

    RARRR WTF, so much FUD blah blah blah... (continue raging in the way that the submitter is hoping for)

    --
    Beware: In C++, your friends can see your privates!
    1. Re:Rarrr!!! by jgagnon · · Score: 1

      You really need to work on your anger management. You're really not angry enough yet.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
  4. So, h264 is by unity100 · · Score: 0

    not open but, its open ?

    1. Re:So, h264 is by jgagnon · · Score: 1

      It's open and free like a franchise is open and free.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    2. Re:So, h264 is by unity100 · · Score: 1, Informative

      so, its not free, and open.

    3. Re:So, h264 is by SuricouRaven · · Score: 4, Informative

      The standard is open, and there are open source encoders and decoders. So in that sense, it's open: Everything is fully and publicly documented. However, it is also covered by hundreds of patents, which means you can't actually use any of that information without getting a licence from the patent holders. One of whome is Microsoft, who stands to make a lot of money from it. Others include Sony and Apple, who stand to make a lot too. So far the consortium that administers the patent pool has been quite reasonable about terms - free for noncommercial use, low costs even for commercial - but there is a fear that if x264 were to become so established it were impossible to do without it then there would be a temptation for them to start milking more money from those patents.

    4. Re:So, h264 is by Anonymous Coward · · Score: 1

      h.264 is about as open as you can get. 'Open' never meant 'free', they are separate topics. In this case however 'Open' is 'Free' for how all of you use h.264 as MPEG-LA has already stated. At least h.264 has undergone, and continues to go through the 'open' review process for the hidden cost of patent infringement. The source code for h.264 is readily available, there are multiple projects out there working to improve h.264, and at this point, it clearly outperform WebM. I am not sure how anyone can consider h.264 to be 'not open' since it is probably the most transparent codec development process the community has ever seen. WebM on the other hand was a closed source development process that stole, seemingly at will from open source projects and implemented those ideas poorly. Bad decisions aside, the single most important reason to not use WebM is that it has absolutely -zero- support from the professional community. It isn't used in production, there is no hardware support, it isn't used anywhere, period. More importantly, it isn't likely to be used anywhere as it lacks the fundamental technical support of advanced containers. MKV folks, is a no substitute for the way that TS, MP4, and MXF, all open standards, are used today. You also have to consider that the CE companies (sony, panasonic, microsoft, apple, etc) all have a vested interest in h.264, for all the right reasons. They chose a codec technology that is open, highly advanced, and can be used nearly transparently from professional studio production to broadcast to consumer distribution. There are many flavors (levels and profiles) of h.264 and each has their place in the food chain. There is only one WebM, and guess what, its a consumer technology, implemented poorly although it is improving under the care of google, and there is no desire to drive it upmarket where it can be used in the professional applications. So on the one hand you have Google and WebM, an untested (deep patent waters), under supported, and non-professional codec, and on the other hand you have every single CE company (read the bulk of the wealth in technology) as well as every single studio/broadcast/telco/cable operator who has already made a commitment to h.264. And yes, while their are issues in the patent portfolio for h.264, at least they are being dealt with and we can move forward. This doesn't even begin to touch the rest of the ecosystem that is part of the video distribution technology portfolio (AAC/MP4/AC-3/DTS/AMR/etc, etc, etc) for all of which there is a working, in use solution that works alongside of, and in tandem with, h.264. WebM is the new Real, don't believe everything you read here, and this is one case where I think Google is doing the world a disservice.

    5. Re:So, h264 is by rjstanford · · Score: 2, Insightful

      The alternative is WebM, which is owned by Google. Google also owns YouTube, Google Video Search, and Chrome, and is leveraging the fact that YouTube, Video Search, and Chrome are popular to try to force everyone to adopt their owned product WebM, without providing any kind of financial assurances to people who do that there are, in fact, no encumbering patents. See a problem here?

      --
      You're special forces then? That's great! I just love your olympics!
    6. Re:So, h264 is by Flambergius · · Score: 1

      Very concise and accurate summary. Please mod the parent up.

      --
      Computers are useless. They can only give you answers - Pablo Picasso
    7. Re:So, h264 is by jgagnon · · Score: 5, Informative

      WebM and Chrome are both open sourced under public licenses. To say Google "owns" them is to not understand how these open licenses work. Also, the patents behind VP8 have been released, irrevocably, to the public.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    8. Re:So, h264 is by DaMattster · · Score: 1

      I guess we could all argue semantics but the definition of Free/Open Source really needs to be expanded to specifically exclude patent-encumbered technologies that do not grant unlimited, royalty-free use in both commercial and non-commercial uses alike. Also, I think if x264 should become so established, the MPEG-LA will start milking ridiculous fees.

    9. Re:So, h264 is by gr8_phk · · Score: 1

      Google claims that as far as they know, there are no patents on WebM other than those owned by Google. There are others who have looked at the codec and agree that it's probably unencumbered. As for Google owning it, the license they offer ensures that you will never have to pay for it. H.264 may be free for most people today, but that can change - and will. When H.265 or whatever comes along, they'll start charging sites a lot more for using H.264 than 265 to force everyone to switch. See that? It's a treadmill that you can't get off. Google wants us to change now, and then again only when there is something truely better, as opposed to when they have a fresh set of patents to charge use for.

    10. Re:So, h264 is by DaMattster · · Score: 1

      The alternative is WebM, which is owned by Google. Google also owns YouTube, Google Video Search, and Chrome, and is leveraging the fact that YouTube, Video Search, and Chrome are popular to try to force everyone to adopt their owned product WebM, without providing any kind of financial assurances to people who do that there are, in fact, no encumbering patents. See a problem here?

      Actually, a quick read of the "Additional IP Rights" in the License section of the WebM Project website you are granted protection so long as you do not modify the VP8 codec. If you chose to modify the VP8 codec, you do so at your own risk.

    11. Re:So, h264 is by Anonymous Coward · · Score: 0

      There are no guarantees that WebM doesn't infringe on unknown patents.

      However there are also no guarantees that H.264 doesn't infringe on unknown patents.

      That's because it's never possible to provide that kind of guarantee regarding patents. Every format will be subject to that risk as long as software patents exist.

    12. Re:So, h264 is by betterunixthanunix · · Score: 1

      I guess we could all argue semantics but the definition of Free/Open Source really needs to be expanded to specifically exclude patent-encumbered technologies that do not grant unlimited, royalty-free use in both commercial and non-commercial uses alike.

      Allow me to introduce you to GPLv3:

      http://www.gnu.org/licenses/gpl.html

      --
      Palm trees and 8
    13. Re:So, h264 is by wvmarle · · Score: 1

      Sure it may be a problem. It seems like leveraging one monopoly to gain market share elsewhere. Or is it.

      Chrome is definitely not dominant.

      YouTube, however, is arguably a monopoly.

      Now would encoding YouTube fully in WebM and dropping Flash and H.264 there be anti-competitive behaviour? I don't think so - it'd be silly to demand they support all those formats. And third parties may freely create their own compatible players for WebM. It's easy enough and reasonable to argue that they do Youtube in WebM only for business reasons.

      Dropping support for H.264 from Chrome might be considered so - but then Chrome is just a minority player, nr 3 at the moment behind FF and IE. Dropping H.264 and having many other video sites not work any more may be a problem for many users, who then drop Chrome.

      At the moment, the "worst" outcome I see of YouTube dropping H.264 would be that FF and IE are forced to adopt WebM in their browsers. Alongside H.264 and whatever codecs they want to add. Or YouTube losing their visitors who en masse flock to the new competitor H264Tube instead.

    14. Re:So, h264 is by Rockoon · · Score: 1

      As for Google owning it, the license they offer ensures that you will never have to pay for it.

      What is "it" here? VP8? VP8 isnt standardized and can be changed at any moment. There is no body declaring what is and is not VP8.

      Google has promised that the current version of VP8 will be free and so forth..

      ..and even if you swallow that that promise is somehow iron clad (which it isn't, they have already made changes the WebM license.. ie, they can change it whenever the fuck they want), there is still no getting around the fact that VP8 isnt a standard. Its a moving target that is still under development.

      --
      "His name was James Damore."
    15. Re:So, h264 is by gnasher719 · · Score: 1

      Google claims that as far as they know, there are no patents on WebM other than those owned by Google. There are others who have looked at the codec and agree that it's probably unencumbered.

      The last thing I read was "this thing is so similar to h.264 in many parts, that it is totally unconceivable that it is not covered by some h.264 patents".

    16. Re:So, h264 is by arose · · Score: 1

      You are free to buy in and it's open to anyone who wants to? So yeah, not open as in open source.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    17. Re:So, h264 is by Anonymous Coward · · Score: 0

      I don't see whatever it is you are babbling about. Google IS NOT leveraging their market position to force WebM. Do you know how I know that? Because Youtube, Google Video, Chrome, and company don't force me to use WebM. Google is not microsoft, and they are not stupid. They won't "force" anything. They will push, and that is their right. As it's yours to push back.
       
      As best I can tell, google is just nudging so far. Frankly, I'm with them on this one. H264 is only a decent standard when you strip off the patents, licenses and consortium control. So basically, it's WebM but with extra bullshit. No thanks. I'll go ahead and bank on google playing nice with WebM legalities. I've made money before playing that same bet with google. So have more than a few of you guys.

    18. Re:So, h264 is by Anonymous Coward · · Score: 0

      In addition to jgagnon's post; MS, Apple, & Sony have all been a pain in the ass historically and even recently in regard to software for the consumer. Google has yet to prove themselves as untrustworth as them in this realm.

    19. Re:So, h264 is by tpheiska · · Score: 1

      WebM and Chrome are both open sourced under public licenses.

      Isn't this the best thing about open source under public license. If anyone dislikes the way Chrome is going to go with video formats, fork it and create your own browser?

      --
      "wahts woring iwth my tyoping?"
    20. Re:So, h264 is by h4rr4r · · Score: 1

      Nope. The MPEG-LA does not guarantee you are getting all the patents either. They only state you are getting a license to the ones they hold. Stop spreading FUD.

    21. Re:So, h264 is by arose · · Score: 1

      The problem is that Google is giving exactly the same assurances as MPEG LA?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    22. Re:So, h264 is by ChrisMounce · · Score: 1

      Have the patents been released? I was under the impression that the irrevocable thing was the license to use the patents specifically for VP8 implementations. Google still owns the patents and can still sue if you use them in non-VP8 applications. I remember reading that Google might want patent defense, so that if someone goes after VP8, Google can fire a salvo right back at H.264 (i.e., Google supposedly knows of VP8 patents that cover H.264 and could sink them).

    23. Re:So, h264 is by Rockoon · · Score: 2, Interesting

      Also, the patents behind VP8 have been released, irrevocably, to the public.

      He isnt being informative. He is being dishonest.

      The specific text of Googles license reads "Google hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell..."

      Emphasis mine.

      The exception reads "If you or your agent or exclusive licensee institute or order or agree to the institution of patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that this implementation of VP8 or any code incorporated within this implementation of VP8 constitutes direct or contributory patent infringement, or inducement of patent infringement, then any patent rights granted to you under this License for this implementation of VP8 shall terminate as of the date such litigation is filed."

      In other words, in the event of any patent litigation regarding VP8 .. then at least one entity will have its license to use VP8 revoked.. and in the event that Google is found to be infringing, EVERYONE will have their license revoked.

      --
      "His name was James Damore."
    24. Re:So, h264 is by dokebi · · Score: 2

      WebM and Chrome are both open sourced under public licenses. To say Google "owns" them is to not understand how these open licenses work.

      Yes, that's right. And Oracle doesn't "own" Java either.

      --
      In Soviet Russia, articles before post read *you*!
    25. Re:So, h264 is by jgagnon · · Score: 1

      You read that wrong: http://www.webmproject.org/license/additional/

      It says that if YOU sue them or help someone sue them then YOUR rights to use the patents expires, not everyone.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    26. Re:So, h264 is by jgagnon · · Score: 1

      Here is the "official" statement: http://www.webmproject.org/license/additional/

      The wiki page uses different wording:
      http://en.wikipedia.org/wiki/Vp8

      According to the WebM site, the only way you could lose your rights to use the patents is if you sue them.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    27. Re:So, h264 is by rjstanford · · Score: 1

      That's correct. However, the odds of there being someone not in the patent pool, who holds patents that apply to H.264, who does not also hold patents to WebM, are vanishingly small. That's the whole point of the pool.

      The odds of there being someone who isn't Google, who holds patents to WebM, are large enough that Google's not willing to warrant that such patents do not exist financially.

      You do the math.

      --
      You're special forces then? That's great! I just love your olympics!
    28. Re:So, h264 is by AtomicJake · · Score: 2

      The exception reads "If you or your agent or exclusive licensee institute or order or agree to the institution of patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that this implementation of VP8 or any code incorporated within this implementation of VP8 constitutes direct or contributory patent infringement, or inducement of patent infringement, then any patent rights granted to you under this License for this implementation of VP8 shall terminate as of the date such litigation is filed."

      In other words, in the event of any patent litigation regarding VP8 .. then at least one entity will have its license to use VP8 revoked.. and in the event that Google is found to be infringing, EVERYONE will have their license revoked.

      This exception only gives Google the right to revoke the patent license, if you sue them with the help of this license (e.g. by using the VP8 code). So, as long as you are not attacking Google for the VP8 related code, you have an irrevocable license. In other words: Only you can invalidate Google's license for yourself.

      Now, how do you read into this that if Google is found to be infringing, everybody would have their licenses revoked?

    29. Re:So, h264 is by Anonymous Coward · · Score: 0

      I don't think so. "published" != "open". For open, it needs to be source/spec available, and there be no fee. H.264 clearly fails on the latter.

    30. Re:So, h264 is by h4rr4r · · Score: 1

      The MPEG-LA does not either do this either. It does not matter the odds. Both offer the same patent claim protection, that is only from themselves. For all you know Google now holds patents that H.264 infringes on. Until there is a law suit, and there has now been plenty of time for one, this is just FUD.

    31. Re:So, h264 is by rjstanford · · Score: 1

      No, you're granted protection from Google. Google steadfastly refuses to grant you future protections against others who may sue you, as a user of WebM, for violating their patents (that Google claims do not exist). Massive legal difference.

      --
      You're special forces then? That's great! I just love your olympics!
    32. Re:So, h264 is by rjstanford · · Score: 1

      It does not matter the odds? So since crossing the street at a crosswalk and jumping out of a plane without a parachute might both kill you or leave you unscathed, they're equally dangerous? Come on.

      MPEG-LA is comprised of everyone the group could find that might conceivably hold patents. They are also agreed to help fight, buy, or otherwise mitigate any new patent claims that arise. Google is comprised of ... google. Who steadfastly denies any claim that they'll fight on behalf of the adopters of WebM if patents come up.

      --
      You're special forces then? That's great! I just love your olympics!
    33. Re:So, h264 is by Rockoon · · Score: 1

      So, as long as you are not attacking Google for the VP8 related code

      You mean, so long as you are not attempting to force Google to stop using your patents as if they were its own.

      Now, how do you read into this that if Google is found to be infringing, everybody would have their licenses revoked?

      Google does not have the standing to license other peoples patents. Why is this so hard?

      --
      "His name was James Damore."
    34. Re:So, h264 is by rjstanford · · Score: 1

      http://www.mpegla.com/main/programs/AVC/Pages/Licensors.aspx for the record, btw - a veritable who's who in the video space.

      --
      You're special forces then? That's great! I just love your olympics!
    35. Re:So, h264 is by Rockoon · · Score: 1

      It says that if YOU sue them or help someone sue them then YOUR rights to use the patents expires, not everyone.

      Unless you win, then everyones rights go poof.

      Why is this so god damned hard?

      --
      "His name was James Damore."
    36. Re:So, h264 is by jgagnon · · Score: 1

      How is your version any less speculative than any other presented out there? They've already done a ton of research into their patents verses others out there. They have to because of potential liability. If someone could win against VP8 then they could win against H.264 too. Especially considering we'd been doing video for many years prior to H.264 and VP8.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    37. Re:So, h264 is by Rockoon · · Score: 1

      How is your version any less speculative than any other presented out there?

      My version of what?

      They've already done a ton of research into their patents verses others out there. They have to because of potential liability. If someone could win against VP8 then they could win against H.264 too.

      Oh I see, so "my version" is that VP8 is infringing, is that it?

      Sorry buddy. My version is that Google has not given rights to those patents irrevocably, in spite of everyone constantly claiming that they have.

      Google explicitly gives some terms for revocation in their license. Thats a period and end of fucking story on the dishonesty of the fanboys that keep claiming that VP8 is "free" and "open" when clearly it is patent encumbered.

      At a minimum those would be Googles patents that it is encumbered with, with licensing terms that come with restrictions ("don't you dare sue us")

      --
      "His name was James Damore."
    38. Re:So, h264 is by kripkenstein · · Score: 1

      That's a standard patent retaliation clause, that many open source licenses (Apache, etc.) include. There is nothing nefarious about it.

    39. Re:So, h264 is by RichM · · Score: 1

      Canonical are a license holder too.
      They could potentially make some money from it with their support options but at least they give away their primary product for free.

    40. Re:So, h264 is by dzfoo · · Score: 1

      No, there is nothing nefarious about it. There is something very "revocable" about it.

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    41. Re:So, h264 is by Draek · · Score: 1

      It's open to look at, not open to use and implement.

      --
      No problem is insoluble in all conceivable circumstances.
    42. Re:So, h264 is by h4rr4r · · Score: 1

      What you mean is a cartel that should be rightfully labeled an illegal trust.

    43. Re:So, h264 is by lennier · · Score: 1

      So far the consortium that administers the patent pool has been quite reasonable about terms - free for noncommercial use, low costs even for commercial - but there is a fear that if x264 were to become so established it were impossible to do without it then there would be a temptation for them to start milking more money from those patents.

      No, it's worse than that already. Any cost for commercial use is fundamentally incompatible with the GPL, and makes distribution of a GPLed implementation of the standard illegal in every country that honours this patent.

      So if you want an "open" standard with no GPL reference implementation - or rather, with a perfectly good GPL reference implementation which is illegal - then choose H.264. But if your definition of "openness" requires that it be legal to code the algorithm as Free Software - then there's no way in a million years H.264 could even begin to be called open.

      It's a culture clash between the Web and the media industry. It seems like so many Web developers are so used to standards being truly open that you've forgotten what the implications of non-open standards are - that you will be legally prevented from using these tools. No Free Software libraries for you! No distribution in the standard Debian repositories. Or code it, and risk lawsuits.

      WebM "might" be infringing some weird submarine patent, one day - maybe. But H.264 definitely is. That puts it right out, if you want to obey the law, live in the USA, and write GPL code.

      It's not about what H.264 "might" do in the future, though that looks pretty bad. It's what it's destroying right now: the GPL.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    44. Re:So, h264 is by zeroshade · · Score: 1

      FF already has WebM :)

    45. Re:So, h264 is by BitZtream · · Score: 0

      And that is different than WebM how?

      Let me explain it too you.

      WebM is controlled entirely by Google, they can do anything they want with it, including telling you to go fuck yourself tomorrow because its established now and they want royalties ... all because Eric's wife wants a new sail boat.

      On the other hand.

      In order for the x264 licensing agreement to change, the holders of all of the 1000 or so patents involved have to agree on a change. That means Microsoft, Apple, LG, France Telecom, DEAWOOD, Toshibia and many others all have to agree on new terms ...

      Which do you REALLY think is more likely to happen?

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    46. Re:So, h264 is by BitZtream · · Score: 1

      To say that Google doesn't 'own' them is to not understand how these licenses work.

      Google owns the copyright, the license does not change that. They may not be able to revoke the license on existing bits of code already out there, but that doesn't stop them from changing the rules tomorrow to suit their wants for all future modifications.

      And of course, the exact same thing applies to x264.

      I won't even start on the fact that regardless of what you think an OSS license has 0 affect on patents being used against you.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    47. Re:So, h264 is by lennier · · Score: 1

      He isnt being informative. He is being dishonest.

      No I don't believe he is.

      The exception reads "If you or your agent or exclusive licensee institute or order or agree to the institution of patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that this implementation of VP8 or any code incorporated within this implementation of VP8 constitutes direct or contributory patent infringement, or inducement of patent infringement, then any patent rights granted to you under this License for this implementation of VP8 shall terminate as of the date such litigation is filed."

      There may be discussion as to how effective patent retaliation clauses are, but they're a common feature of many open source licences, such as the Apache licence, and inkeeping with the Free Software philosophy. The intent is to preserve the patent idemnity for all users of the software, not deny it.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    48. Re:So, h264 is by Tacvek · · Score: 1

      VP8 was arraprently designed by taking h.264 and a list of its patents, and making the smallest possible changes so that none of the H.264 pattents apply. The only real risk to it is that it might infringe patents not in the H.264 pool at the time it was created, or those minimal changes might my it fall into a patent that is almost but not quite applicable to H.264

      However nobody will actually change WebM because of Mutual Assured Destruction. Google's VP8 patents are belied to cover H.264, and Google will not license them for that use. If anybody tries to apply H.264 patents to WebM, Google reserves the right to seek a mass injunction against all creation of H.264 content, killing H.264 completely. Thus no H.264 patent holder will sue, or they will lose all of their H.264 licensing revenue.

      Which just goes to show why patents are a very bad idea.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    49. Re:So, h264 is by Anonymous Coward · · Score: 0

      That's incorrect. It's saying if YOU sue over patents, YOU lose your rights, not me or the rest of the world.

    50. Re:So, h264 is by Rockoon · · Score: 1

      The intent is to preserve the patent idemnity for all users of the software, not deny it

      What patent indemnity? Google has NOT indemnified anyone who uses VP8/WebM. If you use VP8 then you yourself can be the one who is sued for patent infringement for VP8, and Google has not promised to look after you in any way at all.

      If you think that Google would never allow something like that, please see the patent disputes against Android phones. Google isnt helping anyone being sued for using Android.

      --
      "His name was James Damore."
    51. Re:So, h264 is by Insightfill · · Score: 1

      In other words, in the event of any patent litigation regarding VP8 .. then at least one entity will have its license to use VP8 revoked.. and in the event that Google is found to be infringing, EVERYONE will have their license revoked.

      Both seem quite fair. If I decide to pick a fight with Google claiming that VP8 is encumbered, then Google will cut of my right to use that product. If it is later decided that Google doesn't really have the right to use VP8, then of COURSE everyone loses access.

      The second issue is simply the law at work - Google doesn't even have to revoke the licenses since they're null anyway. The first issue is definitely a few notches down from any definition of 'free', and definitely is 'revokable'.

    52. Re:So, h264 is by snakedot · · Score: 1

      No, there is nothing nefarious about it. There is something very "revocable" about it.

      But it isn't relevant in this context. It doesn't make Google evil, as you seem to believe. It's a perfectly common protection clause, and will not allow Google to revoke anything otherwise.

  5. definitions by Tom · · Score: 2, Insightful

    The stupid ad hominem attacks by the anonymous submitter aside, Peter Bright isn't really that far off the mark. He is quite correct in the claims he makes, which essentially boild down to two points: One, H.264 is an open standard, where "open" needs to be read in the context of standards, and none of the other are (though they are "open" in other senses of the word). And two, the move is more about having a free-as-in-beer standard than a free-as-in-speech one.

    I don't really think that Google is the least bit worried about a few million bucks, so I am doubtful of his 2nd argument as far as it regards Chrome. But there are a couple good points in his first argument, especially when it comes to the question of control.

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:definitions by Anonymous Coward · · Score: 0

      But H.264 isn't "free-as-in-beer" by any stretch of the imagination.
      Every legal implementation of it is paid for.

    2. Re:definitions by theaveng · · Score: 0

      "One more thing... get a life!" - William Shatner
      By the year 2020 people will still be using MPEG4, and 99% of them won't give a fuck, just as now they don't give a fuck that their TVs use MPEG2, and iPods use MPEG1-part 3 (MP3). The average person just doesn't give a damn, but they WILL care if they download a WebM movie off google/youtube, and their iPod or TV refuses to play it.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    3. Re:definitions by Hatta · · Score: 1

      And two, the move is more about having a free-as-in-beer standard than a free-as-in-speech one.

      A free as in speech standard is free as in beer too.

      --
      Give me Classic Slashdot or give me death!
    4. Re:definitions by smbarbour · · Score: 1

      I, for one, do not consider an "open standard" to mean one you can read the specs for BEFORE you purchase the license, rather than after. "Open" to me, means unencumbered.

    5. Re:definitions by AchilleTalon · · Score: 1
      The story is not only about these few million bucks, but about the fact IE and Safari will support only H.264. So, all the video content over the whole WWW will end up being H.264 encoded. This is neither what the was supposed to be about, otherwise the W3C would have specified the only admissible video codec for HTML5 is H.264.

      Here again, Apple and Microsoft are trying to kill any other format they are not making money with. The argument of Microsoft about esperanto is exactly the same argument they are using to claim Windows being a standard and everything they do is then a standard.

      Diversity is good and IE and Safari should also support royality-free codecs WebM and Theora. Why they don't want to? That is the real question behind this war.

      --
      Achille Talon
      Hop!
    6. Re:definitions by theaveng · · Score: 1

      Would "NTSC color" be considered an open standard?

      It originally belonged to RCA who licensed the technique, but then fell into public domain after several years. So is NTSC's color extension considered closed or open? (shrug) Anyway MPEG4's h264 is headed to the same place. I can wait.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    7. Re:definitions by theaveng · · Score: 1

      "One more thing... get a life!" - William Shatner. In the future 99% of people won't give a fuck if they are using MPEG4, just as in the present they didn't give a fuck that their TVs use MPEG2, and their iPods use MPEG1-part 3 (MP3).

      But they WILL care if they download a WebM movie and their iPod or TV refuses to play it.
      To me being anti-MPEG makes as little sense as being anti-IEEE or anti-ISO.
      These organizations are necessary to provide standards to make devices interoperable.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    8. Re:definitions by AtomicJake · · Score: 1

      The H.264 open standard is as open as the open MPGE2 standard. It makes a lot of sense to use it for many people (e.g. TV equipment makers); it makes a lot of sense to not use it for others (e.g. open source video tools). Did you wonder why you do not find a pre-installed free version to playback MPEG2 content on your computer? Or to create MPEG2 content?

      As part of a Web standard such "open" standards make no sense, if we want to ensure that the Web remains open (i.e. accessible for everybody).

    9. Re:definitions by t2t10 · · Score: 1

      One, H.264 is an open standard, where "open" needs to be read in the context of standards, and none of the other are (though they are "open" in other senses of the word)

      That's wrong. Bright wrote:

      The specification was devised collaboratively, with its final ratification dependent on the agreement of the individuals, corporations, and national standards bodies that variously make up ISO and ITU. This makes H.264 an open standard in the same way as, for example, JPEG still images, or the C++ programming language, or the ISO 9660 filesystem used on CD-ROMs. H.264 is unambiguously open.

      That distinction has nothing to do with "open"; H.264 is a formal standard, like JPEG and C++. The opposite of that is a de facto standard.

      H.264 is a proprietary standard because what it standardizes is owned by some companies and you have to pay them. That is the opposite of an open standard, which anybody can implement without paying anything. C++ is an open standard, H.264 is a proprietary standard, and JPEG was unclear until the patents expired.

      People quickly realized that open standards were a good thing. As a consequence, some companies started to hijack the term for their own proprietary standards with hand-waving and hair-raising arguments. MPEGLA and Sun were some of the biggest corruptors of the term.

    10. Re:definitions by mjwx · · Score: 1

      Peter Bright isn't really that far off the mark. He is quite correct in the claims he makes, which essentially boild down to two points: One, H.264 is an open standard, where "open" needs to be read in the context of standards, and none of the other are (though they are "open" in other senses of the word). And two, the move is more about having a free-as-in-beer standard than a free-as-in-speech one.

      Wait, let me get this right.

      You think that he's right because he wants you to use his definition of open, not the accepted definition.

      Yes the name calling by the submitter was stupid but that does not automatically give the article credence or authority. H.264 is very far from open, it is heavily patent encumbered and not free to implement. Meaning simply that when I get NBN access and 50/50 Mbit Fibre drops to about A$300/m so it's quite feasible to run a Beowulf cluster of Windows Home Servers out of my spare room to host video, I'd need to pay a licensing fee to MPEG-LA just to share my cat videos with the world.

      Open* by Peter Bright.

      * offers no illusion of openness

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  6. H.264 _is_ open; just not free by carlhaagen · · Score: 2

    The specifications are fully open for anyone to -freely- implement both coding and decoding for. The specifications were fully open in the sense that not a single commercial entity was responsible for drafting and controlling it, but any company that wanted to partake; so-called open participation. These are undisputable facts about the MPEG codecs. The problem here isn't that H.264 isn't as open as Google wants it to be - the problem is that it isn't as FREE as they want it to be. In order to make use of the MPEG "technology" in a _commercial_ context, you need to pay, and Google does not want to pay.

    1. Re:H.264 _is_ open; just not free by jgagnon · · Score: 5, Insightful

      I'm with others on this one... I don't think Google cares if it has to pay or not. Money is not exactly something Google has a shortage of.

      They do, however, want to be able to freely make and distribute products to others that can, in turn, use them to make other products... without having to worry about their customers being sued into the ground, as is happening now.

      Google wants Android to succeed, make no mistake. And "freely implementing" H.264 in Android does not allow their customers to freely USE Android without coughing up money for the rights. This is all about protecting Google's interests, not its bottom line.

      Google thrives by providing free stuff to people that allows them to better understand them and thereby feeding them ads that meet their needs and wants. Having other companies sue the users of their products doesn't exactly help Google.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    2. Re:H.264 _is_ open; just not free by TheGreek · · Score: 1

      The problem here isn't that H.264 isn't as open as Google wants it to be - the problem is that it isn't as FREE as they want it to be.

      1) How free and/or open is the Flash runtime browser plugin that Google ships (and updates) with Chrome?

      2) When will Google, in the interest of adopting only open standards vs. closed standards, stop including said plugin with Chrome?

    3. Re:H.264 _is_ open; just not free by houstonbofh · · Score: 1

      I think in this case it really is not about the money. I am reasonable sure that they would have paid less to license h264 than they did to buy VP8 and open it.

    4. Re:H.264 _is_ open; just not free by Bill_the_Engineer · · Score: 1

      Considering Google's recent history with Java, I think Google's strategy is not to save money but to exert some power from being the new 800 lb gorilla.

      Google doesn't make any money in the H.264 consortium therefore they will work against it. Not saying this is a terribly bad thing, but beware of the corporation willing to give you the shirt of their back.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    5. Re:H.264 _is_ open; just not free by DaMattster · · Score: 1

      Mod the parent up! This is exactly the argument I have been trying to make!

    6. Re:H.264 _is_ open; just not free by Anonymous Coward · · Score: 1

      As soon as HTML5 is ubiquitous, Google will drop Flash from Chrome if Adobe requires them to pay another cent.

    7. Re:H.264 _is_ open; just not free by Anonymous Coward · · Score: 0

      It's more open than you think (I guess):
      http://www.openscreenproject.org/about/faq.html

    8. Re:H.264 _is_ open; just not free by TheGreek · · Score: 1

      Google doesn't ship that with Chrome.

      "But they could!@#!@#"

      But they don't.

    9. Re:H.264 _is_ open; just not free by TheGreek · · Score: 1

      As soon as HTML5 is ubiquitous, Google will drop Flash from Chrome if Adobe requires them to pay another cent.

      Do you promise?

    10. Re:H.264 _is_ open; just not free by Anonymous Coward · · Score: 0

      I don't think so. "published" != "open". H.264 is a published standard, but that doesn't make it open. If there were no fees at all, then it would be open. Hey, even patents are "published" and we know that doesn't make them "open".

    11. Re:H.264 _is_ open; just not free by carlhaagen · · Score: 1

      Please state your definition of "end-users"; do you mean the manufacturers using Android in their phones, or do you mean the customers buying and using the phones? If you mean the latter, then you are either yet another misinformed individual in this debate speaking out of his/her behind, or you're just a troll ("being sued into the ground, as is happening now"). The final end-user has never been a direct subject for MPEG's license fees. Ever. Never ever means NEVER EVER - not even before the MPEG-LA clearly stated that they will not deal licensing fees on cases of free distribution of MPEG-4/AVC material on the web in the form of YouTube, Vimeo etc. Another curious detail to this ridiculous debacle is how NOBODY made a squeak over MPEG-4/ASP during the approx. 8 years it has been in use on the web. Not the slightest sound of a tiny violin has been heard about that. Why? Why start now? The scenario has not changed.

    12. Re:H.264 _is_ open; just not free by kangsterizer · · Score: 1

      I don't have a problem with google being a super corporation (it is already) as long as it releases everything for free both as in speech and freedom, as it guarantees they can't go super bad with any of these things. The day they change, if we stop trusting them, they aren't left with any of the previous technologies, since they belong to everyone. Can't loose here.

      To me it's better than the super corporations behind h264 which are enforcing their standard to be able to racket some money off the users later on, which is what would already happen without the competition and specially Google. (even if Google does that to protect it's interests)

    13. Re:H.264 _is_ open; just not free by jgagnon · · Score: 1

      I was referring to the phone makers using Android in their devices, since they are the "customers" of Google.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    14. Re:H.264 _is_ open; just not free by arose · · Score: 1

      The specifications are fully open for anyone to -freely- implement both coding and decoding for.

      Distributing the binary or even actually doing the encoding/decoding however is illegal in places that recognize the relevant patents. Free-ly, but not Free.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    15. Re:H.264 _is_ open; just not free by dzfoo · · Score: 1

      It is not about money, and it is not about freedom. It is a strategic business move against Apple. Full stop.

      While Apple and the rest of the industry is moving towards convergence, with multiple devices accessing and sharing context, Google is still moving towards a "Web Is Everything" goal. Moving the reliance of video from the Web and making it just one more channel in a vast ecosystem of networks and devices, does not feed the Ad-Sense business. Google's core business is advertisements on Web search results, which is predicated on everybody's continued dependence on that vehicle for content (come on, does the name "WebM" suggest any other application?).

      It is no coincidence that Google has chosen to remove support for H.264 but keep support for Flash--the single technology that Apple has disavowed from iOS devices. Google are betting that with one single, master stroke they can undermine Apple's dominance in the media content delivery market, and guarantee that everyone will continue accessing the Web directly for all their content.

      That is what this is about. It is just another salvo in the power struggle between Apple and Google.

      Google has realized that the lack of Flash support in iOS has not really damaged Apple's reputation in the mass market, nor impeded its market expansion; so they felt pressured to take a more drastic approach. It is also based on a premise that may or may not be true: If iOS devices are really all about accessing the Web better, then what if the Web was not really compatible with it? After all, some of the most popular Web Browsers will not support H.264, which will prompt the most popular sites to transcode their video content. Good luck with that.

      I believe this is a very short-sighted stance, born of hubris, and prone to failure. It completely ignores the myriad devices and technologies already supporting the H.264 standard, which are intended to access or share video content whether the Web is part of this network or not.

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    16. Re:H.264 _is_ open; just not free by carlhaagen · · Score: 1

      No, you're wrong. It's only "illegal" if you ask money for the software without paying your license fees, as this puts the software in a commercial context. The license for MPEG-4/AVC clearly states that the "technology" may be used in non-commercial contexts WITHOUT being subjected to license fees - just like with MPEG-4/ASP.

    17. Re:H.264 _is_ open; just not free by zeroshade · · Score: 1

      You realize that as a result of the OpenScreen Project anyone can implement something that plays Flash video based on the open specs that are freely available without having to pay any royalties?

      • Removing licensing fees: Adobe is making the next major releases of Flash Player and AIR for devices royalty free — across all platforms, desktops, and devices — for Open Screen Project participants. Current products such as Adobe Flash Lite® software are not affected.
      • Providing a standard open framework, code named "Strobe", for creating Flash video players: Strobe code is expected to be released in Q3 2009. Strobe has a pluggable and extensible architecture and supports the workflows around video playback, like advertising and reporting, and enables the latest features of the Flash platform. Strobe will provide an open standard video player – production-ready code that can be incorporated into customers' websites.
      • Publishing the device porting layer APIs for Adobe Flash Player: The device porting layer APIs will enable Flash Player and Adobe AIR technologies to be delivered on devices without direct support from Adobe and will be published on the Adobe website when the APIs are finalized. More details will be available in the coming months.
    18. Re:H.264 _is_ open; just not free by TheGreek · · Score: 1

      You realize that as a result of the OpenScreen Project anyone can implement something that plays Flash video based on the open specs that are freely available without having to pay any royalties?

      I congratulate "anyone" on having the freedom to implement a Flash video player. Perhaps that will be relevant to our conversation when Google does so and then ships it with Chrome.

      Google, however, still ships Adobe's closed-source Flash runtime with Chrome.

      What happens if Adobe decides, later on, to start charging royalties for using these standards?

    19. Re:H.264 _is_ open; just not free by zeroshade · · Score: 1

      Isn't it obvious? I presume that Google, along with several other browsers, would refuse to ship with the runtime. They would instead point customers to Adobe's site to download the plugin. Granted it would be suicide for Adobe to do this considering that everyone is looking for a reason to remove flash support and that would universally give reason to the entire web to drop flash like a rock.

  7. Licensing fees by Sonny+Yatsen · · Score: 4, Insightful

    I just don't understand the bit of reasoning Peter Bright made about why Google dropping H.264 is a bad thing because they may incur licensing fees. Especially this last bit:

    It's not as if Google can't afford the $6.5 million a year, and by paying that money the company would enable web users to view open, standards-compliant, H.264 video.

    What, just because a company can afford the licensing fees means that it MUST pay the licensing fees, especially in the face of other open source alternatives that doesn't require them?

    --
    My postings are informational and does not constitute legal advice. Act on it at your risk.
    1. Re:Licensing fees by Pharmboy · · Score: 4, Insightful

      And besides, if you want to start writing your own browser to compete with the big guys, do you want to pay $6.5 million? Or even $1,000? This would effectively cut out grassroots development of anything that could compete with the big boys, wouldn't it? That alone is worth not having the "feature".

      --
      Tequila: It's not just for breakfast anymore!
    2. Re:Licensing fees by Celarent+Darii · · Score: 1

      Open Source doesn't necessary imply that the programmer's time is free.

      It might just cost more time and money to implement an open format that it is to pay the fees.

      I see no advantage for Google in this at all, nor for the web in general.

    3. Re:Licensing fees by TheRaven64 · · Score: 2

      No, I think he's got it exactly right. Google can also afford to pay me $1m/year to not do anything, and because they can afford to they are morally obliged to.

      --
      I am TheRaven on Soylent News
    4. Re:Licensing fees by Nemyst · · Score: 1

      What's more, what would it do to small start-ups if H.264 became ubiquitous and unchallenged? When MPEG decides to stop with the free licensing time extensions, it could mean the death knoll for a lot of small businesses. I'm sorry but if the choice is between having a Damocles sword hovering above constantly and not having one, I don't see it as a choice really. I don't even see what exactly we lose from Google's move, if anything.

    5. Re:Licensing fees by initdeep · · Score: 1

      except that creating a browser that can PLAY h264 video doesn't mean you have to pay the licensing fees.

      The fees are paid by the content CREATORS.

    6. Re:Licensing fees by rjstanford · · Score: 1

      No, you could use the OS video decoding APIs, which use whichever codecs are installed at the OS level (just like printing uses the printer drivers installed at the OS level). And guess what? The vast majority of consumer OSs come with H.264 codecs (pretty damn good ones at that) preinstalled.

      --
      You're special forces then? That's great! I just love your olympics!
    7. Re:Licensing fees by Padrino121 · · Score: 2

      And besides, if you want to start writing your own browser to compete with the big guys, do you want to pay $6.5 million? Or even $1,000? This would effectively cut out grassroots development of anything that could compete with the big boys, wouldn't it? That alone is worth not having the "feature".

      The licensing isn't as simple as that for the guys writing their "own browser" as they are not forced to simply fork over any monies, it by no means cuts out grass roots development and shouldn't scare anyone away. As a small "grassroots" company I spent a bit of time digging into it and called MPEG-LA, they were actually more reasonable then even my best guess and told us to toss the licensing fees we thought we might pay for H.264 decoding as they aren't required due to our implementation.

    8. Re:Licensing fees by kiwix · · Score: 1

      It might just cost more time and money to implement an open format that it is to pay the fees.

      But it has to be done only once.

      If Google or Mozilla releases a nice Open Source browser with video support, and I want to add some feature for my personal needs, or to port it to some fancy hardware or Operating System, I don't need to reimplement the open video format. However if there are licensing fees involved, I will probably have to pay.

    9. Re:Licensing fees by Anonymous Coward · · Score: 0

      except that creating a browser that can PLAY h264 video doesn't mean you have to pay the licensing fees.

      The fees are paid by the content CREATORS.

      for now

    10. Re:Licensing fees by Jeek+Elemental · · Score: 1

      ..seriously, are you that dense? if it costs more to make something, the price goes up..

    11. Re:Licensing fees by arose · · Score: 2

      That is bullshit, you absolutely have to pay to distribute binary decoders on any scale. Then again, I'm sure you can pull a source out of where-ever you pulled that claim. And that is all without even going into the fact that openness on all sides is important for competition to flourish.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    12. Re:Licensing fees by vlueboy · · Score: 1

      In October 2010 google announced 23,331 fulltime employees. Rounding to 25k and keeping everything else fixed, salaries would need to lose an average $260 USD per employee to pay for the license.

      Changing this to R&D resources instead, $6,500,000 USD / $100k* we get that they would be unable to hire ~60 engineers. Think of all the lost 20%-personal-project-per-capita freeware Google pumps yearly into production compared to other tech innovators.

      * A /. poster used that number as the bare cost of a decent engineer's yearly salary in the US.

    13. Re:Licensing fees by Pinky · · Score: 1

      He's not saying they have to pay. He's saying that it's not cool to stop supporting a codec and claim the reason is because the development model for that codec is not open enough. Basically, dropping support for a codec based on the development model is a lame reason. He then spends the rest of the article guessing at what their real motive is and not finding those reasons very likely... one of the reasons he guesses might be behind their decision is that they don't want to pay for the licensing costs. He finds this unlikely for the rational you quoted.

      "It's not as if Google can't afford the $6.5 million a year, and by paying that money the company would enable web users to view open, standards-compliant, H.264 video."

    14. Re:Licensing fees by SanityInAnarchy · · Score: 1

      Nope. There are also fees which must be paid by software distributors.

      --
      Don't thank God, thank a doctor!
    15. Re:Licensing fees by Haeleth · · Score: 1

      OK, so you have shifted the impossibly high entry barrier from the browser to the OS. Now nobody can make a new OS to compete with the big guys. Moving the barrier doesn't make it go away. It is still a barrier and it still impedes innovation.

    16. Re:Licensing fees by moonbender · · Score: 1

      Duh, all that does is shift the problem to a different layer. The same issues still apply.

      --
      Switch back to Slashdot's D1 system.
    17. Re:Licensing fees by WiseWeasel · · Score: 1

      It's an invalid point in any case, as Google is already likely to have reached their maximum licensing cost cap with the MPEG 4 license, from their Youtube and Android divisions. I doubt this move will affect their licensing costs in any way.

      --
      "I like systems, their application excepted", George Sand (French)
    18. Re:Licensing fees by cwrinn · · Score: 1

      open, standards-compliant, H.264 video.

      What about H.264 is Open? Nada.

      --
      Here's a cookie... *psst* it's MAGIC
    19. Re:Licensing fees by zeroshade · · Score: 1

      Wrong. If you distribute a decoder for h.264 video you must pay a licensing fee. Thus unless you're simply passing it off to the OS layer, if you incorporate the ability to play h.264 video directly in the browser you are including a decoder in the browser. Distributing the browser means you're distributing the decoder. If your browser gets more than 100,000 downloads you have to pay royalties.

    20. Re:Licensing fees by lennier · · Score: 1

      What, just because a company can afford the licensing fees means that it MUST pay the licensing fees, especially in the face of other open source alternatives that doesn't require them?

      It's not just about Google. Bright forgets that it's not Google who have to pay the licensing fees, but everyone who distributes a GPLed implementation of H.264.

      This means you if you give a Ubuntu CD to your friend. You're now a software distributor, congratulations! You get to pay royalties to MPEG-LA for distributing an encoder. So does your friend. So does everyone he gives that CD to, forever, down an exponential chain.

      GPL does not allow that kind of ridiculous exponential burdening of fees onto all future users, nor should it. The fault is with MPEG-LA and their desire to burden everyone on the planet who distributes video software with such ongoing exponential fees. If it were a one-off, forever licence, sure, Google could pay it and we'd all get on with our lives. But it's not, so we can't.

      But H.264 wouldn't be a problem if we weren't seriously talking about making it a required standard for the entire global Web, browsers of which are implemented in GPL-licensed software such as Firefox.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    21. Re:Licensing fees by lennier · · Score: 1

      As a small "grassroots" company I spent a bit of time digging into it and called MPEG-LA, they were actually more reasonable then even my best guess and told us to toss the licensing fees we thought we might pay for H.264 decoding as they aren't required due to our implementation.

      That's fine as long as you're only ever writing proprietary software and remaining the sole distributor of it. But you're not legally able to licence your implementation as GPL (or any other Free licence), because then everyone who received a copy of your code would have to make that same phone call to MPEG-LA, and receive exactly the same answer.

      The mere fact that MPEG-LA could say no (or "give us money") anywhere down that chain would automatically invalidate writing that code as GPL.

      Correct me if I'm wrong.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    22. Re:Licensing fees by terjeber · · Score: 1

      Google doesn't have to pay anything at all. They can use the codecs installed on the computer. Some doesn't have H.264 support, most do. Google could just inform the people with no support that their PC can't play that content. No problem.

      This has nothing to do with openness. It has nothing to do with licenses. It has everything to do with Google wanting to rule the world according to the Ten Commandments of S. Brin, and fuck everybody who disagrees with them. H.264 is an industry-standard open codec, and actively not supporting it is goin to hurt Google only. Content producers are going to use H.264 and just tell Chrome users, all single digit percentage of them to go get a browser that supports real, open industry standards.

    23. Re:Licensing fees by terjeber · · Score: 1

      You won't even have to pay $0.10 once. Not ever. Even with full H.264 support. Even if you ship a billion browsers. You never have to pay ever. This is not about licensing.

    24. Re:Licensing fees by Anonymous Coward · · Score: 0

      Have I got this straight?

      Alice develops a tool and gives it to Bob

      Alice then pays Carol so Carol won't sue Bob or Alice for Bob's use of the tool

      So Alice is effectively paying Bob to take (and hopefully - use) Alice's tool.

      I thought Microsoft had a patent on that?

    25. Re:Licensing fees by sydneyfong · · Score: 1

      I don't know about GPL3, since it has patent clauses in it and I haven't read it much.

      But in the case of most other OSS licenses, you are simply giving permission to others to use your work. The work may be encumbered by some other things, patents, or even things like the DMCA. But they don't prevent anybody from releasing code under a free license. It's just that you and users of your code might get sued for patent infringement. Having a patent issue in your code may cause people to avoid your code, but it doesn't invalidate the license itself.

      IANAL.

      --
      Don't quote me on this.
    26. Re:Licensing fees by dangitman · · Score: 1

      And besides, if you want to start writing your own browser to compete with the big guys, do you want to pay $6.5 million?

      Just call whatever library the OS uses to play H.264, let the OS vendor pay the licensing fees.

      --
      ... and then they built the supercollider.
  8. You Can Argue ... by WrongSizeGlass · · Score: 4, Insightful

    You can argue that it is a step backwards for "openness", or, you can argue that Google is digging their feet in to ensure that their own 'truly open' video format will become the standard. Both POV's have validity but WebM is probably better for consumers in the long run.

    1. Re:You Can Argue ... by Bakafish · · Score: 1

      Then why not let the market decide? I'm happy with either format, it is up to the content providers to decide what is best for them, if they choose to use flash I don't like it, but such is life. Why is Google trying to put their finger on the scales? I like chrome, it's got a nice debugging environment and the built in translation and individual process per tab are really nice, but I want to have more choices, not less. I don't think it should be the position of browser manufacturers to dictate what kind of media should be produced. But my feeling is that they over reached. It's a big fuck you to the content providers who turned their back on GoogleTV I think.

    2. Re:You Can Argue ... by SaroDarksbane · · Score: 0

      The market is deciding. Google is part of the market, as is Microsoft and the rest.

      Google and Mozilla are taking a stand, and in the end, the market will either choose for them or against them.

    3. Re:You Can Argue ... by fusiongyro · · Score: 1

      I think if WebM and H.264 were technically indistinguishable, but WebM were an open format and patent-free, it would certainly be better than H.264. But they are not technically indistinguishable. Let me bring up some crucial points from Jason Garrett-Glaser's excellent analysis of WebM as a technology:

      • WebM's "specification" is laden with C code from Google's "reference implementation." It's not trying to be a standard in the sense of, here's the definition and some implementations, it's trying to be a standard in the sense of, everybody uses the same open-source implementation.
      • WebM is technically inferior to H.264. Jason points out that only in the lowest quality profile does it come close to matching H.264. However, to avoid certain obvious patents, they make the codec worse than it had to be. They also failed to optimize it for embedded devices.
      • WebM tries very hard to avoid H.264's patents, but is so similar in many places that it is hard to tell whether or not they have successfully avoided them.

      If both were open and free, H.264 has technical merit over WebM, and that would be everyone's choice. However, I don't feel that just because there is a licensing fee involved with H.264, the technical merits just disappear. I also think WebM's legal situation is much less settled than people assume. If I were MPEG-LA, I would certainly be spending a lot of time and money determining all the ways I could argue that WebM infringes on my patents, and wait as long as reasonable to bring it to court in the hopes of getting the maximum in damages out of Google. People seem to have forgotten than Google is not indemnifying users of WebM. This means that if WebM is legally found to be infringing, all users of WebM could be liable, not just Google! This situation is far worse than with H.264, where the device manufacturer or software provider is the only one who can be on the hook. Google has essentially passed the legal buck.

      Google may be posturing itself as saving us all from H.264 licensing fees, but they are simultaneously trying to lock us into an "open" specification that they have sole control over. I expect that before this battle is over, they will have spent more than H.264's licensing fees on litigation with MPEG-LA, defending WebM's high degree of similarity to H.264. Google is depending on our short attention spans white-washing them from all guilt for making this situation a bigger legal morass than it has to be. Let's not forget.

    4. Re:You Can Argue ... by kangsterizer · · Score: 1

      Then why not let the market decide? I'm happy with either format, it is up to the content providers to decide what is best for them, if they choose to use flash I don't like it, but such is life.

      Why not let the market decide? If Googledecides to use WebM in THEIR software, and THEIR distribution channels (yep, they're even a provider too), it's their damn own right and decision following the VERY LOGIC you have just been writing about...

    5. Re:You Can Argue ... by MMC+Monster · · Score: 1

      Why NOT let the markets decide? Why are Microsoft and Apple putting their fingers on the scales?

      Why don't IE and Safari support WebM? Not enough developers?

      --
      Help! I'm a slashdot refugee.
    6. Re:You Can Argue ... by AchilleTalon · · Score: 1

      Googl doesn't ensure WebM will become the standard acting this way, they just make sure it may get some market share since Apple AND Microsoft don't support it in their own respective browsers. This is how Apple and Microsoft manage to impose the H.264 to everyone and kill up-front any possible competitive format. It seems this came unoticed by Mr. Bright. I believe Google was will to support H.264 as long as Apple and Microsoft had plans to support WebM and Theora in their own browsers. So, who did really start this war?

      --
      Achille Talon
      Hop!
    7. Re:You Can Argue ... by mrxak · · Score: 1

      I'm all for having as many competing standards as possible. I don't particularly care either way whether or not WebM or H.264 is "better" as long as I can play videos. That said, every technical analysis I've read seems to indicate H.264 either has a slight edge, or a significant edge over WebM. That's fine though. Choice, even a choice between unequal options, is a good thing.

      When you take a feature out of your browser, one that was previously implemented and important, that's not the market deciding anything. That's Google trying to push its will on the rest of the internet. I think, for them, they're going to lose out. Maybe the OS companies are pushing H.264 pretty hard, because they are involved in the patent pool, but despite their lack of WebM support, I have yet to come across any video on the internet that wouldn't play. Which content providers, exactly, are using WebM to the exclusion of H.264?

      Google's going to lose out, because nobody's using WebM exclusively, but lots of people are using H.264 exclusively. As much as I hate IE, the install base is through the roof. People are still implementing multiple versions of their websites to account for standard-noncompliance and various bugs in old versions of IE, because they have no choice but to do it if they want their content viewed by a wide audience. Safari, similarly, comes on every Mac sold by default, and I imagine the majority of Mac users never bother to install any other browsers either.

      Google can only win with WebM through side-by-side comparisons on websites that host content in both formats. If WebM is the superior format, it'll win based on that, and that alone, not by political arguments, or by boycotting H.264 content. If people can't get access to videos with a third party browser like Firefox or Chrome, they'll simply uninstall it.

    8. Re:You Can Argue ... by lennier · · Score: 1

      You can argue that it is a step backwards for "openness", or, you can argue that Google is digging their feet in to ensure that their own 'truly open' video format will become the standard. Both POV's have validity.

      No, they do not have equal validity.

      H.264 is not open in the Open Source definition of the term. It is only "open" in the old-school, commercial-players-only, non-GPL-compatible "RAND open" sense, which excludes implementation in any copyleft license because patent indemnity cannot legally be passed on to users.

      These two concepts are not identical and it is a false equivalence to suggest that they are. This is not a debate of opinions; it revolves around well understood matters of copyright and patent law.

      If you do not understand the interaction of copyrights, patents, and FLOSS software, please educate yourself.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    9. Re:You Can Argue ... by Anonymous Coward · · Score: 0
      Both POV's have validity != have equal validity
      Both POV's have validity != identical

      These two concepts are not identical and it is a false equivalence to suggest that they are. This is not a debate of opinions; it revolves around well understood matters of copyright and patent law.

      Dude, no one said that and that's quite a leap you've made there. With a 5 digit ID I would have figured you for smarter than that. Go RTFA and leave your chest thumping at the door.

  9. Unambiguously patented by betterunixthanunix · · Score: 5, Insightful

    H264 is not open, it is patent encumbered, it will not be open until all relevant (a word which has become very stretched recently) patents have expired. The Ars article tries to address this by claiming that there are no royalties that need to be paid for videos that can be accessed without a paywall; yet the document they cite says this is only for "0 - 100,000 units" which clearly creates a problem for libre software that has millions of users. Furthermore, the line that the licensing terms draws for "(a)" and "(b)" sublicensing is artificial and wholly incompatible with free software licensing.

    --
    Palm trees and 8
    1. Re:Unambiguously patented by Khue · · Score: 1

      I didn't think H.264 was open either. Head over to Wikipedia and on their H.264 article there is a very brief explanation of what part MPEG LA plays in the patenting of H.264 technology. Is MPEG LA just another patent troll company?

    2. Re:Unambiguously patented by mbone · · Score: 1

      Different kind of open. H.264 is without question an open standard, which is not the same as open source.

    3. Re:Unambiguously patented by Anonymous Coward · · Score: 0

      We don't agree with your definition of open standard. If it is patent encumbered and and the reference implementation requires licensing costs, it is not open.

    4. Re:Unambiguously patented by Khue · · Score: 1

      When I think of open, I think "free to use as long as I don't turn around and go charge people for it myself." The patents don't seem to indicate a complete willingness to have it be open. It's kind of like the invisible fence for a dog wearing a shock collar. The yard is open as far as the eye can see, but we can only guess at how far we can run until that shock collar kicks in to reel us back. At minimum, perhaps the term "open" should be changed to "available to use within reason." There's probably better vernacular but thats what I could come up with.

    5. Re:Unambiguously patented by mbone · · Score: 1

      Sorry, you can make up your own language as much as you want, but that doesn't mean that anyone else will use it.

      "Open standard" has a clear meaning and is commonly used.

    6. Re:Unambiguously patented by VGPowerlord · · Score: 1

      Is MPEG LA just another patent troll company?

      No, because MPEG LA doesn't actually own any of the patents they collect fees for. MPEG LA is the agency you pay to license all the patents involved in creating/playing H.264 video at once, instead of having to negotiate with 26 (I think) separate entities.

      I say entities, because I believe there is at least one university on that list.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    7. Re:Unambiguously patented by Anonymous Coward · · Score: 0

      You confuse Open, with free. They are not the same. If you think WebM is open and free you are mistaken. WebM has yet to be tested, and based on the evidence so far, it is full of patent infringing technologies.

    8. Re:Unambiguously patented by Anonymous Coward · · Score: 1

      H264 is not open, it is patent encumbered, it will not be open until all relevant (a word which has become very stretched recently) patents have expired. The Ars article tries to address this by claiming that there are no royalties that need to be paid for videos that can be accessed without a paywall; yet the document they cite says this is only for "0 - 100,000 units" which clearly creates a problem for libre software that has millions of users. Furthermore, the line that the licensing terms draws for "(a)" and "(b)" sublicensing is artificial and wholly incompatible with free software licensing.

      H264 IS open - see above. It's is open as in it's a freely available published standard supported by international organizations.

      It is not, as mentioned above, "free as in beer". There is a license associated with it.

      People need to learn what "open standard" means.

    9. Re:Unambiguously patented by Anonymous Coward · · Score: 0

      Even worse, let's say you write an H.264 related program (like someone mentioned a splice/merge program for example). It gets included with a distribution such as Fedora or perhaps Debian or Ubuntu. Does each ISO download count as a unit? If so you are over the 100,000 quite quickly and it sucks to be you (and who exactly pays the license fee? Fedora? the utility author?). Although it will result in short term pain (especially on things like the iPad/iPhone which own and use constantly) I'd rather see H.264 die and open/free standards take their place.

    10. Re:Unambiguously patented by Khue · · Score: 1

      Regardless of my opinion or language, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent (wikipedia). The EU recognizes "open standard" and while it may have patents on it the intellectual property of the standard must be made irrevocably available on a royalty-free basis. H.264 is patent laden by MPEG LA and as someone mentioned above, some of the patents carry out all the way to 2028. There is an opportunity for MPEG LA to see the penetration of H.264 and then change their mind or go to the Googles and Microsofts of the world and say "hey guys, remember how you coded h.264 into your browsers... yeah well this one part (waves patent filing) wasn't what we wanted to be open and it looks like you guys missed it so we are going to need 2 billion dollars from each of you." Honestly, what's to prevent that scenario from happening? Hold on break out the lawyers, lets send html5 back to the drawing board while we figure out what parts of H.264 are open and what parts aren't and delay it more.

  10. Summary sucks big time! by Anonymous Coward · · Score: 0

    This must be the most biggoted summary ever!

    Regardless... Google's decision is BAD plain and simple: You support openness by ADDING, not REMOVING.

    Who put Google on the position to tell us right from wrong, open from closed? Can't we have a say? They are obviously leveraging Chrome's rising popularity to enforce whatever they think is open, which somehow happens to be the best for their PROFITS.

    1. Re:Summary sucks big time! by Anonymous Coward · · Score: 0

      You're confusing openness with capability. By your logic, adding a bunch of proprietary closed-source codecs means you support "openness".

      Can you freely create/give-away h.264 apps to millions of users? That's what it means to be a closed technology. If you, or your end users, have to make a deal with anyone - you're less open.

      If you don't absolutely dislike patent-encumbered software, and don't even want to think about how they artificially limit your options and innovation, you probably own stock in Microsoft or Apple (or are blinded as a fanboy to one or the other).

    2. Re:Summary sucks big time! by e70838 · · Score: 1

      Google does not really remove anything: anybody can freely broadcast a fork of chrome that has h264 enabled.
      I think the point is to make WebM relevant enough so that MPEG-LA will go to the courts
      My opinion is that a codec is just a couple of mathematic algorithms and as such should not be patentable.
      IANAL, but I think that Google has a good case for patent dispute. I dream of a revocation of all the patents that prohibit innovation.

  11. Miking up 'open' and 'standard' by Junta · · Score: 1

    WebM is an open 'proprietary' implementation. It can easily be retroactively declared a standard, or achieve defacto standard status, but it is a technology championed by a single company without a standards body overseeing it. This is not necessarily a bad thing (and can even be a good thing, standards bodies frequently mess things up). It is unarguably open, but it isn't standard.

    One could make the case that h264 is not 'open', because of the royalties, but it *is* a standard because the work was done with the standards bodies to make it so.

    He does point out the obvious that the rhetoric of 'we believe in open' is really better read as 'we are too cheap for licensing decoders for a free browser', but that one sentence was really all that needed to be said on the matter and most people immediately realized that.

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:Miking up 'open' and 'standard' by Looce · · Score: 1

      The other side of that coin is that, if Google decided to include H.264 support in Chrome, other browser makers, without or with little money, could have been unable to pay the royalties needed to be paid to patent owners to support it in their browsers. Does Google saving itself $6.5 million annually pale in comparison to Google saving itself and everyone else up to $6.5 million annually?

      The Web does not need H.264 to function, so if everyone drops support for it preemptively, then even the small browser makers (I'm thinking of Flock here, which is based on Chromium but has a user base of its own) won't need to pay royalties to anyone.

      This is like the GIF patents by Unisys* driving adoption of the PNG format, except that the patents are being assessed now because we know of a few formats that are** suitable for the job but unencumbered already. For instance, WebM can, like H.264, be implemented by anyone, but in addition to that, WebM intentionally doesn't require that royalties be paid. It can become a standard, like PNG originally wasn't a standard but then became an ISO/IEC standard 8 years later.

      ________________
      * = As well as other factors such as the lack of true-color support, alpha and ICC in a lossless format, but that's off-topic.
      ** = May not be for now, due to lack of hardware acceleration, but could become in the future. Some people don't really care about power usage or CPU usage, so it's already suitable for them.

    2. Re:Miking up 'open' and 'standard' by VGPowerlord · · Score: 1

      The other side of that coin is that, if Google decided to include H.264 support in Chrome, other browser makers, without or with little money, could have been unable to pay the royalties needed to be paid to patent owners to support it in their browsers. Does Google saving itself $6.5 million annually pale in comparison to Google saving itself and everyone else up to $6.5 million annually?

      There's a mistaken assumption here: Google doesn't save $6.5 million as long as Youtube is still encoding H.264 video. This is a purely political move on Google's part.

      As well as other factors such as the lack of true-color support, alpha and ICC in a lossless format, but that's off-topic.

      Actually... that isn't off topic. PNG was a superior format to GIF without the lossyness of JPEG. Not surprisingly, that helped it gain adoption faster than it otherwise would have. Another big help is that it was released as a W3C Recommendation. Even then, it took years before the major browsers (at the time Netscape and Internet Explorer) supported it.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    3. Re:Miking up 'open' and 'standard' by SanityInAnarchy · · Score: 1

      He does point out the obvious that the rhetoric of 'we believe in open' is really better read as 'we are too cheap for licensing decoders for a free browser'...

      That's not the point at all. It's not the point for Mozilla, and it certainly isn't for Google.

      First of all, Google already has to pay some royalties on H.264 anyway -- they use it on YouTube. I'm not sure if those cover Chrome, but I find it hard to believe they'd have a problem paying the royalties themselves. Google seems to prefer free and open, but they've certainly shown themselves willing to use and pay for proprietary technology when it makes sense.

      Remember when it was all H.264 vs Theora? Google determined Theora wasn't good enough to use on YouTube.

      In Mozilla's case, they could certainly raise the money if that would cover what they want. But while it's possible to pay for a license for a free browser, it's not possible, or at least unrealistic, to pay for a license for a truly open source browser. Consider Firefox, first -- if they included H.264 and paid the royalties for Firefox itself, no one could legally fork Firefox without also stripping the H.264 functionality -- thus, a critical part of Firefox (the H.264 support) would be "open" in the same way that the Tivo Linux kernel's sources are. You can look, but you can't touch.

      Now consider Chrome. Google has solved this problem so far by separating Google Chrome from the Chromium project. Essentially, Chrome is just Chromium plus some stuff they can't legally include in Chromium -- and H.264 is an example. Reducing the number of changes they have to make to turn Chromium into Chrome would vastly simplify their development process.

      That's before you get into the religious issues, which are the real problem.

      See, most modern desktop OSes include at least one H.264 decoder. On my machine, Win7 includes an official one from Microsoft, and my Linux includes an official one from nVidia which talks to a hardware decoder on my video card. (Realistically, the nVidia one is probably also on Windows and used by default.) Even if it ended up being a $50 codec pack, people have done this in the past -- you could buy a new Dell with Ubuntu preinstalled, and it would include a codec pack.

      The only reason this is an issue is that neither Firefox nor Chrome are using the native OS codec APIs, or offering any API of their own for people to add codecs to the browser.

      Firefox claims this is because of security. Bullshit -- using OS libraries is the right software engineering practice here. If the OS itself is insecure, unpatched, etc, that's the fault either of the OS for not releasing patches, or the user for not applying them -- I don't see how the browser should be responsible, especially as this could lead to exploits in any number of other ways. For that matter, there are multiple standalone players which people use to access Web content -- Windows Media Player comes to mind -- if the codecs were so insecure, why don't we see tons of WMP attacks?

      Really, I don't think anyone would be talking about this as a security issue unless they also didn't want to implement it for ideological reasons. Invariably, the same people who make the "can't do it because of security" argument will also be the people who rant about how dangerous H.264 is for an open Web. They're right about that, but it's far less dangerous than Flash.

      However, whether it's because of security, because they don't want H.264 to win, or because they actually can't make it work legally (which seems dubious), none of the above has anything whatsoever to do with one company or another trying to be cheap. It's not about Google saving themselves money. It's about them saving anyone who tries to implement HTML5 money.

      --
      Don't thank God, thank a doctor!
    4. Re:Miking up 'open' and 'standard' by Looce · · Score: 1

      There's a mistaken assumption here: Google doesn't save $6.5 million as long as Youtube is still encoding H.264 video. This is a purely political move on Google's part.

      That is right, but if Google and Mozilla get their way, Google will have saved themselves $6.5 million a year by not needing to encode H.264 anymore for YouTube, and everyone else for not needing to put in support anymore. I seem to have tripped up in my explanations again.

  12. no, i dont want to pay. by unity100 · · Score: 2, Insightful

    the licensing fees eventually reflect on the end users through development costs and proliferation rate of applications/services. free, is good for me, the end user.

    1. Re:no, i dont want to pay. by Anonymous Coward · · Score: 0

      you didn't complain a single word during the 10 years we've been using mpeg-4 asp ("divx/xvid") on the web, but now all of the sudden you and the rest of the world does, despite that -nothing- has changed.

    2. Re:no, i dont want to pay. by unity100 · · Score: 1

      i didnt complain, because the subject did not come up in a place i could complain. moreover, a stance against patents/proprietary already implies that complaint, and i have been doing that for eons.

    3. Re:no, i dont want to pay. by zeroshade · · Score: 1

      Something has changed: there's a viable alternative in WebM.

  13. but.... h.264 IS OPEN by Anonymous Coward · · Score: 0

    the specs can be implemented in software by anyone, without paying a dime, as long as the resulting product is non-commercial. you just can't bundle "h.264 technology" in a commercial application without paying for it. google's problem is just that. they don't want to pay a dime.

  14. What about x.264? by grub · · Score: 1


    Summary rant aside, how would it affect x.264? Isn't that an open-standard of the h264 spec? If not, just use x264.

    --
    Trolling is a art,
    1. Re:What about x.264? by klingens · · Score: 1

      If you were to include x264 into any product for sale, MPEG-LA will come knocking to your door, demand (and get) licensing fees. x264 is an open _implementation_ of h264 but the patents still apply.

    2. Re:What about x.264? by ChunderDownunder · · Score: 1
      It still fails the DFSG.

      The feedback from debian-legal is that, although the code itself is GPL, the H.264 codec is patent-encumbered. This means the package does not meet the DFSG and cannot be included in Debian.

    3. Re:What about x.264? by Anonymous Coward · · Score: 0

      no, you got it all wrong. x264 is a video encoder that creates h.264 video streams - it's not an "implementation of h.264"; it's not a video stream format.

  15. codec nightmare by digitaldc · · Score: 1

    Just come out with one standard codec or include all codecs to every browser...problem solved.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:codec nightmare by theaveng · · Score: 1

      Just come out with one standard codec or include all codecs to every browser...problem solved.

      Heathen! You must join the Church of Open Source and support Google/WebM and hate hate hate MPEG/h264, or be censored!!!
      (Reaches for the mod button : -1 Troll for digitalDC)

      /end sarcasm

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    2. Re:codec nightmare by Anonymous Coward · · Score: 0

      Seriously?! Why didn't anyone think of this before? Google needs to hire people like you who think outside the box!

    3. Re:codec nightmare by gr8_phk · · Score: 1

      Just come out with one standard codec or....

      That's what WebM is supposed to be. They paid $130 Million dollars for it, so we could reach that goal and all people seem to do is complain about it.

  16. 4 pages of FUD by gbrandt · · Score: 3, Funny

    I SEE THREE PAGES!

    1. Re:4 pages of FUD by arikol · · Score: 0

      duhhh.... he's counting his own summary with it....

    2. Re:4 pages of FUD by gklinger · · Score: 1

      Excellent ST:TNG reference. Well done, sir. I fear, however, it was too subtle for those with mod points.

    3. Re:4 pages of FUD by Anonymous Coward · · Score: 0

      He is counting the slashdot summary too.

    4. Re:4 pages of FUD by Anonymous Coward · · Score: 0

      You are fully entitled to see three pages but THERE ARE FOUR LIGHTS!

    5. Re:4 pages of FUD by coolmadsi · · Score: 1

      I SEE THREE PAGES!

      Does not being able to see a fourth page fill you with fear? How about uncertainty that you may be missing something important? Or doubt about the rest of the summary if a simple number count was incorrect?

  17. Re:excuse me by sproketboy · · Score: 1

    That doesn't make any sense it IS AN OPEN STANDARD. It's just not free as in beer.

  18. H.264 is unambiguously NOT open by circletimessquare · · Score: 4, Insightful

    so there is nothing left to talk about. i am creeped out like any one else about google's increasing ability to know everything about our lives, but in this case, google did the right thing in the name of openness by denying H.264

    good job google, thank you. ignore the paid prostitutes howling about not including H.264. we who have genuine opinions, not opinions derived from corporate pay, are on your side, and support your decision. thank you

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:H.264 IS unambiguously NOT open by bit01 · · Score: 1

      H.264 is an open, international standard.

      What part of proprietary, owned by a cartel do you not understand?

    2. Re:H.264 is unambiguously NOT open by Anonymous Coward · · Score: 0

      I totally agree. "published" != "open". Following a standardization process doesn't make it "open". Not only does the spec/source need to be available, there should not be a fee for implementing it. H.264 fails big on this.

    3. Re:H.264 is unambiguously NOT open by BitZtream · · Score: 0

      You're creeped out by people using the standard definition of open standard rather than the Stallman definition of open standard?

      Sucks to be you, too bad most of the rest of the world disagrees with you.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  19. Look up the definition. by mathemaniac · · Score: 2

    This is more bastardization of the term "open". Refer to

    http://en.wikipedia.org/wiki/Open_Source_Definition

    1. Re:Look up the definition. by Joehonkie · · Score: 1

      Surprisingly, the open source movement doesn't get to define words for the rest of the world.

    2. Re:Look up the definition. by Nyeerrmm · · Score: 1

      Open has many meanings depending on context. For instance, you wouldn't claim leaving a door open is a bastardization of the word, even though the process of making the door maybe be proprietary.

      The open referred to here is not in the sense of "open source," but of "open standard.". That is, the difference between .odt and .doc rather than between OO.o and MS Office. Personally i would have a lot less problem with MS Office if it supported a truly open standard, one that could be read and written by other office suites. Having MS Office primarily use the .odt wouldn't make the standard any less open.

      The problem here is that while the codec is open in the standards sense (I.e. It's well documented and out there), and there are even open source implementations of it (x264), the openness doesn't make much difference because any commercial implementation faces difficulties in the US because it is patented, and thus requires licensing fees to distribute. While ubuntu can get away with saying "you're not in the US, wink wink nudge nudge, click ok to download things like mp3 and h264 codecs," google really can't because they're targeting an audience that would never dream of installing their own OS. Of course some think WebM will be seen as infringing on those same patents, so it may be a moot point. Maybe this, combined with the patent war over mobile technology will finally bring some sanity to our system? Maybe?

    3. Re:Look up the definition. by mbone · · Score: 1

      No, it is not. Open source is not the same as an open standard in much the same way that an open wallet is not the same as an open store.

    4. Re:Look up the definition. by mbone · · Score: 1

      You obviously have not talked much with Richard Stallman, Just say the words "intellectual property" in his presence.

  20. Re:excuse me by TheRaven64 · · Score: 4, Insightful

    Published and usable under reasonable and nondiscriminatory terms is a very common definition of an open standard. See most ISO standards. The requirement to be free to implement is a relatively new addition to the definition (within the last 10-15 years).

    --
    I am TheRaven on Soylent News
  21. Screw Bright by naasking · · Score: 1

    If he wants to pay Chrome's licensing fees for H.264, then he can have his support back.

  22. Re:excuse me by houstonbofh · · Score: 1

    Time to define "open" like we did "free." There is free speech, and free beer, and that is now clear... So lets go with the code is open, the standard is open, the store is open. Clear now?

  23. huh ? by unity100 · · Score: 1

    what kind of bullshit you are smoking ?

    so, its better to pay for a closed proprietary standard AND also pay the development fees ? are you aware of the issues and problems flash generates in video formats, browsers, content delivery, for example ?

    with proprietary standard, you have to wait for the owner to come up with solutions. with an open standard, your developer, who you are paying for its time, can do anything you want.

    if you see no advantage in this for web anything 'in general', quit your i.t. job and start selling real estate or something.

  24. Re:excuse me by Bill_the_Engineer · · Score: 2

    It seems the new-speak has redefined "open". Remember the good ole days when "open" meant fully documented?

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  25. well said. by unity100 · · Score: 2

    it is precisely as thus - ars technica is redefining 'open', in order to make it not open, despite being called open, so that proprietary sources can retain custody of standards, mooching money off of it to the detriment of end users and internet proliferation by raising costs as thus.

    no, i dont have the moral obligation to pay any third party for anything i do on the web, while open standards are available, neither as a startup, nor as an end users to which costs are reflecting on indirectly. and if anyone tries to redefine open, like the moron in ars technica does, i will take that person not only as 'not bright', but also an enemy of my freedom and interest as a citizen.

    open is open. if any party retains custody of something in the form of ownership, then it means that thing is NOT OPEN. actually the anonymous submitter was quite level headed in his inflammatory summary. i would have directly labeled someone who tried to redefine open, for supporting private interests, as a paid whore.

    1. Re:well said. by macshit · · Score: 1

      The term "open" has been abused like this for decades.

      I don't know if you remember the "open wars" of the late '80s / early '90s, but pretty much anything and everything was getting re-branded with names like "opencrapola" in an attempt to get good PR ("ooooh, open must be good!") without actually changing anything...

      I think the lesson is that vague terms like "open" are cheap, and when they start getting thrown around in an argument, it's often a sign that somebody's trying to pull a fast one. Ignore the names and look at the details, it's the only way to actually get anywhere.

      In this case, of course, the "detail" is that H.264 is patent-encumbered to a degree that makes it a non-starter for anybody but a large corporation. If you're OK with all your software coming from large corporations, then great, you can be pro-H.264. If you're not OK with that, then things are more difficult.

      Sure it sucks that the current "best" / most-well-supported / standardized codec is (legally) unusable for many, but that's the situation, and we have to figure out a way to deal with that; simply sticking your fingers in your ears and saying "la la la just use h.264 ignore those stupid details la la la" (as seems to be the position of many of my friends) doesn't work.

      What Google's doing is important: they certainly can afford to use H.264, but they're sending a signal that the game has changed, and what may have been OK in times past -- patent-encumbered standards blessed by and only really usable by well-funded corporations using a traditional product model -- is no longer acceptable.

      Google's looking to the future, not the past, and yeah there may be some discomfort during the transition....

      --
      We live, as we dream -- alone....
  26. Open as in beer by mbone · · Score: 1

    Just as free as in speech is not the same as free as in beer, open as in standards is not the same
    as open as in source.

  27. H.264 IS unambiguously open by Anonymous Coward · · Score: 3, Insightful

    H.264 is an open, international standard. Indeed, there is nothing left to talk about.

    Free != "open"
    Open source != "open" (in this context)

    This has nothing to do with "paid prostitutes". The reason H.264 costs money is that there is a shitload of patents that all have been dealt with as part of the patent pool. WebM may be encumbered, it may not — but we don't know. It's it's most certainly not an open standard in the same way the MPEG family of international standards are.

    1. Re:H.264 IS unambiguously open by mbone · · Score: 1

      Mod this parent up.

    2. Re:H.264 IS unambiguously open by circletimessquare · · Score: 1

      The reason H.264 costs money is that there is a shitload of patents that all have been dealt with as part of the patent pool.

      in other words, it's not open

      why are you saying it's open?!

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    3. Re:H.264 IS unambiguously open by rusl · · Score: 1

      Patent != open

      I don't understand the legalese but I don't think the heart of libre software is legalese, it is sharing. The legalese is a tool and sometimes it gets out of hand (like copyright did about 200 years ago though it was originally there to protect sharing)

      By a very similar logic one could argue that Windoze is more standard than linux therefore is open. i know that argument is very technically flawed but from the perspective of the dumb web user such as myself: the spirit of what you are arguing is the same. And we don't agree. Free beer isn't all of open source but it is part of it. In the real world. Maybe not in a court of IP law.

      --
      Stupidity is its own reward.
    4. Re:H.264 IS unambiguously open by lennier · · Score: 1

      The reason H.264 costs money is that there is a shitload of patents that all have been dealt with as part of the patent pool.

      In other words, it is exactly patent encumbered and therefore not open in the Open Source sense. Thank you for making the parent poster's point for him.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  28. well by unity100 · · Score: 0

    One of whome is Microsoft, who stands to make a lot of money from it.

    that explains it all for me.

    1. Re:well by shutdown+-p+now · · Score: 1

      Microsoft does not make money out of its share of MPEG LA license pool. It pays more into it to use H.264 (e.g. in Win7) than it gets out of it.

  29. I do think people need to understand that by Sycraft-fu · · Score: 2, Insightful

    It seems to me some OSS types get a little hypocritical in that they talk about OSS being all about openness as in source. They claim that the idea is that you can share improvements and so on. It isn't about money, it is about information.

    Well, H.264 is open in that way. It is a standard open to anyone that wishes to implement it under fixed terms. The x264 project is a great example. If you want to see a working H.264 implementation, and try your hand at improving it, well then have at it. The code is there for the taking. Of course if you then wish to make use of it in certain contexts, like implementing it in video editing software, you'll need to pay licensing fees. It isn't free, however it is open.

    However it seems that the OSS types then get mad that any money is being charged. All of a sudden openness isn't what it is about. It is no longer a matter of "free as in speech" it is "free as in I want to sleep on your couch for a year." Only things which cost nothing are acceptable, for some reason "open but not zero cost," isn't ok anymore.

    In the case of browser H.264 support I think Google is wrong to force WebM. I'm not at all unhappy that there is the WebM standard, I think it is great that a completely free format is out there because face it, we can't all pay royalties. However H.264 is superior in terms of quality per bit and thus has a reason to be used. So the option should be offered.

    If it is an issue of money, which I can accept since Chrome is free (though you are right it isn't a big deal to Google) then all they should do is use the system's H.264 codec, if it has one. Windows 7 and OS-X ship with an H.264 decoder, and you can get H.264 decoders for older versions of Windows and I presume for Linux. So just use them if present, and don't play it if not.

    Really I think that's the right way for browsers to do HTML 5 video period. Simply pass the request on to the OS's media layer. That way any format the OS knows how to play, you play.

    1. Re:I do think people need to understand that by Anonymous Coward · · Score: 0

      You are confused. Decoding is only one half of the codec, you totally ignore the encoding part, and how the patents prevent consumers for making commercial videos from their cameras.

      Don't like it? Fsck off and use something else instead. Create your own youtube or whatever.

    2. Re:I do think people need to understand that by rubycodez · · Score: 2

      wrong, you're only thinking of the client side. If I have to pay to use the server side, it isn't open it's encumbered. I don't have freedom. It isn't open.

    3. Re:I do think people need to understand that by Anonymous Coward · · Score: 0

      H.264 is a "published" standard, not an "open" standard. Even patents are "published" and we know they are open. If H.264 was free for everyone to use, then it would be "open"

    4. Re:I do think people need to understand that by Burz · · Score: 1

      So YOU pay the $100,000 licensing fee so I can start my 3-person software project.

      Seems like there are barriers to entry being erected on the new corporate bandwagon of "openness".

    5. Re:I do think people need to understand that by AchilleTalon · · Score: 1

      So, explain why Apple and Microsoft managed to support only H.264 in their respective browser? It's not a tag, it's a tag.

      --
      Achille Talon
      Hop!
    6. Re:I do think people need to understand that by Anonymous Coward · · Score: 1

      > Really I think that's the right way for browsers to do HTML 5 video period. Simply pass the request on to the OS's media layer. That way any format the OS knows how to play, you play.

      Please, everyone, stop suggesting this!

      Remember: this was ALREADY POSSIBLE. For the past twelve years or so, you could just slap any old video in an object tag, and the client would use some generic video plugin to play it. But nobody ever DOES it -- even as fallback for Flash! -- because the client's codecs are unreliable, glitchy, and potentially insecure. The HTML5 video tag now has even more scriptable functionality that the browser can't guarantee is supported by the client's system codecs. Shoving video support off to the system buys us absolutely NOTHING over the hodgepodge of video players and "install this plugin"s.

    7. Re:I do think people need to understand that by NoSig · · Score: 2

      The fact is that OSS organizations can't just pay for a patent once and be in the clear because then it ceases being open source in that other people can't legally redistribute their own versions of the software without them themselves paying the enormous patent fees. However, It's not just about the money. It's the fact that someone else owns you if you use anything covered by their patents - at any point they can withdraw the offer to license their patents to any more people, and then suddenly your software stops being open no matter how much money you have because other people can't obtain the license necessary to redistribute. Patent afflicted software is not open because patents prevent redistribution, and so patents are opposed to OSS. The free-as-in-freedom software crowd have even more problems with patents than just that.

    8. Re:I do think people need to understand that by h4rr4r · · Score: 1

      THE MONEY IS NOT THE ISSUE YOU FUCKING IDIOT.

      If Mozilla could get a license that would allow redistribution and not impact future users of that code base they could pay it. The problem is that you can't get such a license.

    9. Re:I do think people need to understand that by Anonymous Coward · · Score: 1

      Well, H.264 is open in that way. It is a standard open to anyone that wishes to implement it under fixed terms.
      ...
      However it seems that the OSS types then get mad that any money is being charged. All of a sudden openness isn't what it is about. It is no longer a matter of "free as in speech" it is "free as in I want to sleep on your couch for a year." Only things which cost nothing are acceptable, for some reason "open but not zero cost," isn't ok anymore.

      Yep. Read about the bait-and-switch tactics Unisys pulled with the GIF format back in the '90s. People were justifiably upset when they turned around and pulled the patent licensing card on an "open" format.

    10. Re:I do think people need to understand that by joetainment · · Score: 1

      Free and Open Source software is fundamentally incompatible with "Free as in Speech" but not "Free as in Beer" standards. (At least from a distribution perspective.)

      When people say we need a standard that is free and open they mean both "Free as in Speech" and "Free as in Beer". Anything else puts Free Software at a disadvantage.

      Giving up on the argument that standards should be both open and free of charge means giving up on Free software as a whole, which I for one am unwilling to do.

    11. Re:I do think people need to understand that by joetainment · · Score: 2

      Simply pass the request on to the OS's media layer. That way any format the OS knows how to play, you play.

      A lot of browsers have been able to do this for years, and if every browser and OS had a free open standard that content browsers could bank on being present, then it wouldn't be a problem. The problem now though is that a content developer can't be sure that the codec used is installed on the end-user's system.

      By requiring Flash, the developer gets around the problem since the developer can safely assume that Flash will have the same codec support everywhere. Of course, Flash is bad for the internet since it isn't a free and open standard, which is why we are dealing with all this WebM stuff now. We need a format for video that is equal to PNG/JPEG in term of freedom and openness.

      *Imagine if there were no image standards for the net* if images were just left to the OS. We'd constantly be downloading new image codecs, or we'd run across images pages where we couldn't view the images. I think everyone can agree that would be awful. Video deserves a free and open standard just as much as images do.

      Hopefully this is useful to someone. A lot of posts I read seem to come from people unaware or misinformed of these basic issues. (I probably should have included this in my last post but I hadn't thought of it yet!)

    12. Re:I do think people need to understand that by Anonymous Coward · · Score: 0

      Why would anyone think that having to pay money to implement an "open" standard keeps the "open" state of that standard? This is a hurdle, does an open field have walls in it?

      The issue is more along the lines of "why should I have to pay to write software?", than "why should I have to pay for software?" The first question (which is valid in the case of H.264) is ludicrous, it is completely against freedom of information. The second case is a fair trade-off, no-one really bitches about Red Hat, Nagios, Nessus, Qt or CFengine having dual-licensed stuff, or even selling premium versions of the software.

    13. Re:I do think people need to understand that by Anonymous Coward · · Score: 0

      It is a standard open to anyone that wishes to implement it under fixed terms.
       
      Right there is where your argument falls apart. It's not about being able to sleep on your couch for a year for free, it's about being able to use my couch for sitting too instead of only being able to sleep on it, or to be able to reupholster it if I don't like the material. You're saying "Well, there's a couch, and you can use it in certain ways, isn't that good enough?"

    14. Re:I do think people need to understand that by cr_nucleus · · Score: 4, Informative

      You're completely missing the point.

      Nobody cares about a single codec. Someone makes a good proprietary codec ? Good for them !

      The problem arises when it becomes a required base part of the web.

      Remember the GIF debacle ? Remember that many open source image editor did not have the capability to save gif images ? That's exactly what is at stake here.
      Have one company control a base standard of the web makes it control who can or cannot create the tools to create web content. Of course big players like Google or Mozilla have the funds to pay royalties, but what about that guy who made a simple command line tool to split/merge h264 videos ?

      You can argue that the MPEG-LA has made the codec royalty free but truth is they can instantly make it illegal to open source any software using h264.

      That's what the fuss is all about, not just throwing two bucks at a video codec.

    15. Re:I do think people need to understand that by ThatsNotPudding · · Score: 1

      However it seems that the OSS types then get mad that any money is being charged.

      Simply because if the market capture (read: effective monopoly) gets large enough, the licensing fees will only do one thing: go up. Feel free to trust the H.264 Barons not to change their minds again; I would rather have an alternative truly free of domoclean fee threats.

    16. Re:I do think people need to understand that by SanityInAnarchy · · Score: 1

      Problem is, the idea of "open" and "free" in the FOSS sense is that anyone should be able to pick up your product and do anything they want with it, subject to at most the restriction that it must be released under the same license.

      H.264 doesn't allow that. Sure, I can grab the x264 decoder, but I still need to license the patents myself just to use it, let alone develop it.

      I think this bit from TFA is particularly telling:

      This makes H.264 an open standard in the same way as, for example, JPEG still images, or the C++ programming language, or the ISO 9660 filesystem used on CD-ROMs.

      Pick up a vanilla Ubuntu distribution. Hell, even GNewSense. You'll find JPEG and ISO9660 is supported out of the box. C++? sudo apt-get install g++.

      Claiming WebM is not open is just as absurd. MPEG-LA could prevent me from forking H.264 if I didn't like how the standard was run. Google can't prevent me from forking WebM -- all they really own is the name.

      The one good point TFA makes is that this is yet another bit of fucking around that's going to make developers go back to Flash. I do think Chrome should include H.264 as a backup in case the OS doesn't have it. I think Chromium and Firefox shouldn't, but they should use the OS codecs when available. I would much rather live in a world with H.264 via the video tag, which I can play even if I have to pass it all the way to nVidia's hardware decoder to make it legal (and perform better anyhow), than a world with only Flash and Silverlight.

      --
      Don't thank God, thank a doctor!
    17. Re:I do think people need to understand that by Anonymous Coward · · Score: 0

      ...and I presume for Linux.

      Way to hand-wave over the core problem.

    18. Re:I do think people need to understand that by Draek · · Score: 1

      However it seems that the OSS types then get mad that any money is being charged. All of a sudden openness isn't what it is about. It is no longer a matter of "free as in speech" it is "free as in I want to sleep on your couch for a year." Only things which cost nothing are acceptable, for some reason "open but not zero cost," isn't ok anymore.

      Wrong. From the Open Source Definition, article 1:

      1. Free Redistribution

      The license shall not restrict any party from selling or giving away the software as a component of an aggregate software distribution containing programs from several different sources. The license shall not require a royalty or other fee for such sale.

      Emphasis mine. OSS allows *you*, the distributor, to charge and profit from Open Source Software if you wish, but it does not allow you to impose a fee to subsequent users: if I get a hold of your software, even if I paid you $10k for it, I have to be free to give it away or sell it for $100k if I want, and they in turn do the same for anyone as they feel.

      If anything, h.264's licensing terms are more reminescent of Microsoft's Shared Source initiative of a few years back. Look, but don't touch, touch, but don't distribute, distribute, but only if you pay us dearly for the right and make your users submit to our restrictions. We didn't like that back then, we don't like this right now, I see no contradiction.

      --
      No problem is insoluble in all conceivable circumstances.
    19. Re:I do think people need to understand that by shutdown+-p+now · · Score: 1

      Imagine if there were no image standards for the net

      Can you point at some document that standardizes image formats to be used on the Net?

    20. Re:I do think people need to understand that by Anonymous Coward · · Score: 0

      Please refer to the Free Software Definition; specifically, Freedom 0:

      The freedom to run the program, for any purpose.

      H.264 implementations do not meet this requirement, therefore they are not free software.

    21. Re:I do think people need to understand that by lennier · · Score: 1

      It seems to me some OSS types get a little hypocritical in that they talk about OSS being all about openness as in source. They claim that the idea is that you can share improvements and so on. It isn't about money, it is about information.

      Well, H.264 is open in that way.

      No, it is not. It is strictly illegal to distribute a GPL-sourced implementation of H.264 in a software-patent regime like the USA (not illegal in other jurisdictions such as Europe) because H.264's patent encumbrances are incompatible with the GPL's "no further restrictions" provision.

      So no, you can't share improvements to H.264, because sharing requires the ability to pass on one's patent indemnity to downstream developers. The structure of MPEG-LA patent licensing prevents that.

      Tl;dr: you're uninformed, it's not about money, it's about legality.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    22. Re:I do think people need to understand that by lennier · · Score: 1

      You can argue that the MPEG-LA has made the codec royalty free but truth is they can instantly make it illegal to open source any software using h264

      Not just "can". Already has made it illegal to distribute in GPL form - because "free for noncommercial use" is still incompatible with the GPL, because GPL makes (and can make) no distinction between "commercial" and "noncommercial" users, while MPEG-LA insists it has the right to separate them into two camps. This dispute cannot be resolved. This is why Ubuntu, for instance, doesn't ship the H.264 codec in their base distro - they'd be breaking US law if they did. It's not that they don't want to. They're not legally allowed to.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    23. Re:I do think people need to understand that by DMUTPeregrine · · Score: 1

      Say firefox includes H.264. If they do, and they can pay the license, am I granted the right to modify their implementation under the terms of the mozilla public license? No. I cannot do so, without paying the fee. Since not everyone with access to a computer can pay the fee it is not open to all people. Thus, it is less free. It is open, yes, but it denies the right of those who cannot pay the fee to make modifications to the work. THAT is why we dislike it, even if the fee were but a few cents it is still using money to lock out the poor.

      --
      Not a sentence!
    24. Re:I do think people need to understand that by dangitman · · Score: 1

      Already has made it illegal to distribute in GPL form - because "free for noncommercial use" is still incompatible with the GPL, because GPL makes (and can make) no distinction between "commercial" and "noncommercial" users

      How does this make it incompatible with the GPL? Commercial users would pay the fee, non-commercial users wouldn't. The GPL doesn't have to distinguish between users for this to apply.

      --
      ... and then they built the supercollider.
  30. Re:excuse me by Kjella · · Score: 1

    Well, personally I think it's a huge difference between the proprietary only-for-licensed-parties "standards" like say BD+ for BluRays and standards that are made by a major standards organization and is published, open for all to participate and under RAND licensing - on a scale of open to closed they're much more open. Like for example there's a huge difference that for H.264 you have x264, while trying to reverse engineer proprietary formats is pure hell. I think you're far too optimistic as to how uniquely "open" or "open stanadard" is defined.

    The dictionary lists 23 uses of open, many of which apply to that. And the expression itself is no clearer, from Wikipedia:

    For example, the rules for standards published by the major internationally recognized standards bodies such as the IETF, ISO, IEC, and ITU-T permit their standards to contain specifications whose implementation will require payment of patent licensing fees. Among these organizations, only the IETF and ITU-T explicitly refer to their standards as "open standards", while the others refer only to producing "standards".

    --
    Live today, because you never know what tomorrow brings
  31. Dear anonymous, by Cogneato · · Score: 5, Insightful

    While others focus on the definition of "open", I want to focus on the definitions of bright, long-winded and FUD. In defining these terms, I think you are a bit confused. You seem to be using the "bright" to imply having a reasonable amount of information or insight. After reading Mr. Bright's article, I learned a handful of things that I didn't know before, so I guess I would have to consider him at least a little bright. I imagine the rolling of your eyes while reading his article made you a bit dizzy, preventing you from having a similar experience. Or maybe you just know a lot more than I do.

    When you define FUD, perhaps you mean that he has a different opinion than you. No matter which side of this argument a person is on, I think that it is easy to agree that this is going to make implementation of the video tag by web developers more difficult and less likely to happen in the next couple of years.

    When you define long-winded, perhaps you mean "taking the time to build his position". Clearly from your submission, you are a man of few words. I can admire someone like you that doesn't let information get in the way of expression. I can only wish that life was that easy for me. I keep getting bogged down in considering positions other than my own.

    One thing I can say that Mr. Bright has on you though... he was willing to put his name on his position. For all the effort you put into adding your own brand of color to your submission, I just can't understand why you wouldn't want to take full credit.

    1. Re:Dear anonymous, by jthill · · Score: 1

      it is easy to agree that this is going to make implementation of the video tag by web developers more difficult and less likely to happen in the next couple of years

      orly? That's the simplest way I know if, seems to me it doesn't get easier than no-js HTML. FFmpeg is drop-dead easy to encode with, at least for those who can read.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
  32. google should just submit webm to iso by rysiek · · Score: 1

    I summed up some arguments to Ars' art here: http://lwb.elka.pw.edu.pl/trac/lwb/blog/rysiek/2011/01/13/on_google_h264_and_openness In short, h264 is a "standard" but a patented, "trojan" one; Google should just submit WebM to ISO and be done with it.

  33. I agree with Peter by fruitbane · · Score: 1

    I have to agree with Peter on this. I certainly don't begrudge Google creating and supporting the WebM standard. I think WebM is a good thing, and will foster further open source video codec advancements. But h264 is a solid video standard. I don't like the royalty/patent burden, but that it has already been embraced by many browsers makes it the incumbent codec. I support choice for video encoders and viewers alike, and that means more options rather than fewer. In cutting out the largest codec Google will be limiting choice and eliminating the only standardized codec. Google controls WebM development, whereas h264 is controlled by a standards body, not by any one technology patent holder.

  34. Re:excuse me by Merk42 · · Score: 1, Funny

    So if I make a proprietary door with no documentation, it won't function because I've made a door that can't be open...

  35. standard = open and free, or none at all by markhahn · · Score: 0

    this sort of discussion, especially given the mental limitations of websites, media outlets and media consumers, always gets bogged down in the morass of non-free vs defacto vs dejure vs license pools, etc.

    the fact is that when we talk about "standard" in a good sense, it is open _and_ free, or not at all. for instance TCP/IP is a real standard precisely because it is both open and free. HTTP/HTML. javascript is, but java isn't. linux is and windows isn't. you get the idea.

    in a meaningful sense, GNU caused part of the problem, because it conflates RMS's ideology with this basically simple "standard=open+free" model. (and before any RMSista object: GPL is popular as a flag of convenience - operating under GPL does not mean allegiance to RMS's politics...)

  36. And rename Chrome as Recluse Monk by Anonymous Coward · · Score: 0

    I think the article is well thought out and interesting.

    For openness, I'd have Chrome take the fully open road ... (like suggested in the article)
    - No MP3 playback
    - No AAC playback
    - No Flash playback
    - No WebM or Theora until they are processed by a national standard body.
    There might be other patent-encumbered or proprietary technologies in Chrome. I'd make sure they are off too.

    Drawback: by default, it would cut itself from most of the modern multimedia world.
    Advantage: hey, there are always plugins anyways...

  37. Not rocket science by Anonymous Coward · · Score: 0

    One could make the case that h264 is not 'open', because of the royalties

    It's not open because of the patents, without which there would be no royalties. The royalties are merely the consequence of the real problem: the law. If it wasn't for the existence of software patents, then nobody would have a reason not to use H.264. Is this REALLY that difficult to understand?

    Let's play a little game of true or false.

    You, as a software developer, can freely design and implement your own video player using the H.264 specs. That's true! Yay!

    You, as the software developer, can freely distribute this program to others without petitioning authority. FALSE. Uh oh. Strike one.

    The end user of your program can freely distribute the program to others, modified or not, without petitioning authority. FALSE. Strike two.

    You, as the owner of a video streaming website, for-profit or otherwise, can freely implement and employ the H.264 "standard" without petitioning authority. FALSE. It's not looking like much of a "standard" now, is it?

    So there we have it: H.264 is completely unusable to the open source community -- not because they don't WANT to use it, but because the law says they cannot. Period. Furthermore, H.264 is unusable to anyone wishing to provide H.264 services to others, freely or otherwise, without petitioning authority.

    There, that wasn't so hard, was it?

  38. Privacy is also a part of the equation by Anonymous Coward · · Score: 1

    Having a register of all valid licenses for videos created also has a downside when it comes to privacy. If a h.264 video is put on the Internet anonymously, it can be taken down easily by pointing out it has no valid license. Even if that license is free, it might be dangerous to register such a license for organization and individuals depending on the content of the video. This can also be a cost, a human cost. It's what the economists call externalities. MPEG LA is a client of the American legal system, and sometimes the legal system in USA is dysfunctional.

    If h.264 videos are seen as the file-format that will have the most widespread support for the video-tag, then I will consider HTML5 a failure. And HTML is one of the key-technologies that drives the Internet. Both Thomas Jefferson and Voltaire was fierce opponents of making h.264 de-facto standards for video on the web. It's all about the free speech.

  39. REMBER GIF LZ PATENT ? by Anonymous Coward · · Score: 0

    Does anybody remember what happened when Unisys enforced their patent on the compression in GIF ??
    Do we really have to repeat this period of history again ??
    Like Google or Not, Like Mozilla or Not we can not allow that piece of history to repeat itself

    1. Re:REMBER GIF LZ PATENT ? by SuricouRaven · · Score: 1

      Everyone kept right on using it, I recall. There was an unpatented alternative created, PNG - but, even though it was superior in every way, it didn't take off until the Unisys patent expired. GIF just had too much momentum at the time: Every browser supported it. It's still the format most used for trivial animation on the internet, even though it's technology is terribly dated, because it's the one format for trivial animation you can be sure works.

    2. Re:REMBER GIF LZ PATENT ? by Qzukk · · Score: 1

      Funny, I was thinking of the MP3 patents.

      Since I'm not insane, I predict that doing the exactly the same thing will wind up with exactly the same outcome: MPEG will come out demanding money from everything that touched the codec, everyone will ignore them, they'll pick on some little people to make examples out of, and Linux distributions will move the codecs to the super-sekrit repositories for lawbreakers, and instructions for enabling them will be left on obscure forums for googlers to find. And everyone will continue to ignore the patentholders.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:REMBER GIF LZ PATENT ? by SuricouRaven · · Score: 1

      We might also see an open, possibly technologically superior alternative created that then never catches on due to the installed support base of the preexisting solution. GIF had PNG, MP3 had OGG. WebM might be the counterpart in h264. Open, free, and possibly even superior (I really don't know), but unable to overcome the advantage that comes from being the first to become widespread.

  40. End user: Why do I need to upgrade, again? by cf18 · · Score: 1

    Will I need to dump my GPU/laptop/phone to the landfill in 2 years if I want stable HD streaming because only new hardware support WebM? Can we stick with what is already working great without generating more e-waste?

    1. Re:End user: Why do I need to upgrade, again? by betterunixthanunix · · Score: 1

      Sure, we can stick with H.264, just as soon as we invalidate software patents. Or if MPEG LA suddenly decides to relicense H.264 so that it is compatible with libre licenses.

      --
      Palm trees and 8
  41. "H.264 is unambiguously open" by Anonymous Coward · · Score: 0

    Can someone point me to the open source projects for encoding H.264? Or at least to the spec that I can use to start such a project? I assume a BSD license will be ok if I start a project.

    If the author means that playback is a trivial amount of money per customer and creating content is a trivial amount of money for the app that comes with my camera (but I can only use that app to edit), then we have different definitions of "open".

    1. Re:"H.264 is unambiguously open" by fusiongyro · · Score: 1

      ffmpeg apparently does it. It's also the most widely used open source video library, and there aren't many other open source video encoders at all.

  42. Free but Shackled by ChunderDownunder · · Score: 1

    Open, Shmopen. A cartel of mega-corporations submitted a format to ISO - An organisation that lost credibility when it approved OpenXML, which not even MS adhered to at the time of approval.

    The market will ultimately decide what codecs they'll support but a mandated spec of *required* formats ought only include those patent and royalty free, is the point being made here.

    A better validation of openness - does H.264 meet the Debian Free Software Guidelines (DFSG)? No, it doesn't.

  43. Open and free internet by ezh · · Score: 0

    This is a battle for the future of the Internet, and Google should be praised for their decision! The moment HTML standard starts depending on a non-free patented technology is the moment internet freedom dies. It is just a simple as that.

    Of course, trying to enforce a new open and free standard with all those whining bunch of MPEG owners, their spindoctors, trolls, sympathizers and people confused by MPEG propaganda is not going to be easy. But VP8 (WebM) was specifically designed to avoid MPEG patent violations. The Google backing, WebM has been added to a lot of software and hardware products already. And even more are on their way! Even if MPEG-LA drags Google to court (they would not be the first, nor the last), Google is not a small bunch of software developers that can't afford legal fees, so it would not be easy by any means. Also, if any such patent violations proved to exist, they can be removed in future codec versions with new technology and various workarounds.

    So please give a big pat on Google's shoulder for their decision and help promote WebM!

  44. Terms are discriminatory by gr8_phk · · Score: 1
    H.264 is under discriminatory terms today. For the general public surfing the web it costs nothing. For small content providers I think it also cost nothing. For a place like YouTube it cost money. These terms are also subject to change. Googles terms for WebM are less subject to change - if you get it now you're clear even if they change the license for subsequent downloads (your license does not expire). RAND is what ISO has started to accept because every company working on a "standard" wants to get a patent in it and profit.

    I predict YouYube will switch exclusively to WebM late this year. At that point, most people will either get a plugin or already have a browser that supports it natively. After that, there is no reason but legacy video support for anyone to use H.264. And there will be zero incentive for anyone to switch to the new patented codec that will replace 264.

    1. Re:Terms are discriminatory by Late+Adopter · · Score: 1

      That's not what "discriminatory" means, at least in the context of RAND. Non-discriminatory means that the same set of publicly available rules apply to every licensee, even if that means that particular licensees fall in different categories. What it means in practice is that MPEG-LA can't single out a company like Youtube and crush them with extortionate or impossible-to-meet terms just because they don't like them.

    2. Re:Terms are discriminatory by Anonymous Coward · · Score: 0

      > After that, there is no reason but legacy video support for anyone to use H.264

      Except owning one of the million devices with H.264 hardware support that do not support webM.

  45. Open Source philosophy != Free Software philosophy by betterunixthanunix · · Score: 5, Insightful
    From a free software perspective, H.264's license structure is completely incompatible with the philosophy. Examples:
    • The license for H.264 makes a distinction between software that is distributed for incorporation into an OS, and software that is not; libre software frequently falls into both categories, or even into a middle ground as part of a repository system.
    • A distinction is made between videos that are distributed at no cost; the free software movement has never made such a distinction for either software or for the output of software.
    • The license structure is royalty free only if less than 100000 "units" are shipped; free software licenses place no limit on how many copies of a program may be redistributed, and novel distribution methods like BitTorrent would turn H.264 royalty payments into a nightmare.

    The problem is that H.264's license structure is based around traditional producer-consumer relationships, which is not compatible with the concept behind free software. Royalty payments are inherently incompatible with the free software model, because it prevents people from liberally copying and sharing software. Note that royalties are the problem; other payment models are perfectly fine (I can, for example, charge you money for copies of Debian -- prior to widely available broadband connections, this sort of thing was not so uncommon).

    --
    Palm trees and 8
  46. Remeber the Unisys GIF Patent ? by wizzerking · · Score: 1

    How come no one is talking about the Unisys GIF Compression patent? Have we not learned from history, that having a single standard always ends with some company controlling what we do ? I may not love Google, or Apple or Microsoft, but I absolutely hate patents on "standards", they always raise the price I pay as a developer, I am always afraid my company will end up being sued. So just on that basis I laud Google for being the bad guy in the short run, and creating an environment where Open source standards provide an alternative. REMEMBER UNISYS, FIGHT FOR NONPATENTED STANDARDS

  47. Not Free For Non-Commercial by CritterNYC · · Score: 1

    This is a myth. H.264 is free for free streaming. But there is a licensing fee for every encoder and decoder regardless of whether the software is open or closed source, commercial of given away for free. Said licensing fee costs Google US$6.5 million a year. Mozilla would be forced to pay the same to add support to Firefox.

    1. Re:Not Free For Non-Commercial by betterunixthanunix · · Score: 1

      Worse still, Linux distros that toss H.264 into their repositories could be left in a precarious position -- do they need to use the "as part of an OS" license structure, the "not as part of an OS license structure," or what? Users who download the software over BitTorrent could also be left in a precarious position -- do they owe money to MPEG LA also?

      It is really a simple matter: H.264 licensing is not compatible with free software licensing or the free software distribution model. Why anyone would say otherwise is a mystery to me.

      --
      Palm trees and 8
    2. Re:Not Free For Non-Commercial by jgagnon · · Score: 1

      Why anyone would say otherwise is a mystery to me.

      Are you new to this planet? :p People say things all the time that are less than true for many different reasons.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
  48. well by unity100 · · Score: 1

    you are probably aware that 'much more open' compared to 'more closed', still does not mean open.

  49. Arcticle author by kernelfoobar · · Score: 1
    http://arstechnica.com/author/peter-bright/

    Peter Bright Microsoft Contributor Peter Bright dropped out of university after about five minutes to work as a software developer writing C++ and C#. After several years of Java development in the financial services industry, he joined the British Library, where he worked to preserve the ever-growing legacy of digital information. When not musing about the future of Microsoft, he enjoys programming for fun, burritos, and photography.

    Make your own conclusion about the author... Hint: not exactly a defender of "openness", they should've added cool-aid drinker to that list.

    --
    Here we go again!
  50. The problem is that there are multiple axes by mdarksbane · · Score: 3, Insightful

    And most of the rhetoric only mentions one, and open means too many things.

    There is standard versus nonstandard (.doc vs appleworks).
    There is open versus proprietary (C++ versus Java).
    There is open source versus closed source (x264 versus apple's H.264 coder)
    There is unencumbered versus encumbered by patents and license fees.

    We have formats across all forms that are varying degrees of all of these. The thing that the h.264 people are saying is look - h.264 is the better half in almost all of those cases! It is a standard that was agreed upon by a standards board, not by a single company. The spec is out there and available for everyone to implement, not controlled by a single company. It is free to license for most uses! And it is supported by everyone and everything.

    From all business perspectives outside of the open source mindset, it is a *great* standard. You don't have to worry about Apple, Microsoft, or Adobe changing it, or wait on them to make their decoder not suck. It is attached to so many different businesses that there is a huge incentive to keep licensing fees from becoming ridiculous. And it works everywhere.

    Do people remember .mov and .wmv files? Do you remember real media's proprietary standards? From a *use* standpoint and a consumer standpoint, h.264 is a great and "open" standard.

    The problem is when you run up against the open source concerns about infrastructure. It *is* controlled by somebody. It does have patents, so if you don't have money you can't make a business out of it. It is not "free" - either as beer or speech.

    I think the argument the article makes is that perfect is the enemy of good. H.264 is *vastly* more open, consumer, and business friendly than that which it replaces - proprietary, nonstandard, closed video players from Adobe, Apple, Microsoft, and Real. Going to it as a web standard would be a huge boon for consumers and businesses, and it already has real momentum to do that.

    WebM would be better, from a "free" perspective... but, argues the author, it's much less likely to succeed, as it isn't a standard, and it isn't ubiquitous. And so we should go with something that is already a huge improvement over the status quo instead of hoping for some "perfect" free solution. Getting to an open standard is already a major victory for nearly everyone involved. Or is installing a plugin to add h.264 support so much more odious than already installing one for flash? At least you can have your choice of which h.264 implementation you want to use.

    1. Re:The problem is that there are multiple axes by Ash-Fox · · Score: 1

      Do people remember .mov and .wmv files?

      Yes, those are containers, not codecs.

      Do you remember real media's proprietary standards?

      They had their own containers that they published various specifications for, yes. But I don't know what you mean by proprietary standards, they used regular MPEG4, H.263 and even h.264 video content.

      From a *use* standpoint and a consumer standpoint, h.264 is a great and "open" standard.

      So is WebM on the software that supports it (just like h.264) and it's even better because it even defines a container format, subtitles, audio and video codecs etc. which h.264 does not. So for example, I have a "just works" h.264 movie file (as implied by your comment) in a "Audio Video Interleave" container that windows media player on windows 7 refuses to play, because for some reason it wants the video in a "Moving Pictures Experts Group Program Stream" container instead.

      WebM doesn't run into these issues, because if something supports it, it supports everything from the container, audio, video, subtitles involved, it doesn't run into your proprietary problem because everything is defined. There is no missing part of the spec where you build a proprietary container, proprietary audio codec etc. that's tacked on the video codec like with h.264.

      --
      Change is certain; progress is not obligatory.
    2. Re:The problem is that there are multiple axes by mdarksbane · · Score: 1

      It's an analogy. I assumed most non video-heads wouldn't be familiar with Sorenson, Wm7-9, and whatever other crappy proprietary codecs were most commonly used in those containers.

      Also, I was under the impression that the tag would specify the container format as well?

      The point still stands. WebM is not an industry-defined standard. It is an open source, patent-free standard being pushed by one company. It may overall be better for the web from a control standpoint, but provided that the licensing terms do not change, it is open in all the ways that everyone who is *not* distributing open source software and wants to use it cares about.

    3. Re:The problem is that there are multiple axes by lennier · · Score: 1

      There is open source versus closed source (x264 versus apple's H.264 coder)
      There is unencumbered versus encumbered by patents and license fees.

      Incorrect. By definition, Open Source code cannot be patent-encumbered because it is illegal to distribute if patent indemnity is not passed on to the users.

      Therefore, no H.264 implementation can be legally distributed as Open Source in any jurisdiction that respects MPEG-LA patents. The only reason Open Source H.264 codecs exist is because software patents are not currently enforceable in all regimes. However, in the USA, these codecs are illegal to distribute. Just because nobody has yet been arrested does not mean it is okay.

      . H.264 is *vastly* more open, consumer, and business friendly than that which it replaces - proprietary, nonstandard, closed video players from Adobe, Apple, Microsoft, and Real.

      No it is not because it is illegal.

      The codec you do not get arrested for is always more open than the one you do.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    4. Re:The problem is that there are multiple axes by lennier · · Score: 1

      [H.264] is open in all the ways that everyone who is *not* distributing open source software and wants to use it cares about.

      Yes.

      If you are willing to abandon all hope of the Web being implementable in open source software, then by all means adopt a non-open-source compatible "standard".

      But you will be abandoning the entire future of the Web by doing so.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    5. Re:The problem is that there are multiple axes by Ash-Fox · · Score: 1

      I assumed most non video-heads wouldn't be familiar with Sorenson

      If you knew it's roots...

      Wm7-9

      version 3 actually

      whatever other crappy proprietary codecs were most commonly used in those containers.

      Outside of Apple and flash a while back, the rest were using pretty well known codecs in their proprietary containers.

      Also, I was under the impression that the tag would specify the container format as well?

      H.264 is just a method for video compression, nothing more.

      WebM is not an industry-defined standard.

      Nor is a lot of Internet RFCs either.

      it is open in all the ways that everyone who is *not* distributing open source software and wants to use it cares about.

      It may come to a surprise to you, but some companies just want to avoid licensing fees all together as well. WebM does just that. It also provides full specifications for the whole shabang and won't require you to license further for various audio codecs and possibly containers out there. It also provides an actual reasonable software implementation of WebM to use, which H.264 does not even offer and you may have to go out of your way even further to license yet software on top of that for their specific purposes.

      Then there is the fact that WebM is currently supported by Firefox, Chrome, Opera out of the box, Safari and IE can install 'addons' to fully support them. Meanwhile h.264 is supported by IE8, Safari and Chrome (for the moment) 'out of the box' while h.264 does not seem to have standardized licensed plugins for the non-supported browsers on every platform. However, when you look at web statistics, look which browsers are significant (sadly the IE browser stats are grouped together - but you can assume IE8 is not the largest chunk currently), you will find that WebM support is on a large consumer base already in browsers.

      Getting the other half to install a properly licensed 'addon' (literally it's just QuickTime and Windows Media container, codec support being installed) to support WebM seems easier than the other way around, since there isn't a properly licensed h.264 'addon' for the other browsers across the all platforms involved.

      I don't know about you, but WebM seems a lot less hassle in many circumstances.

      --
      Change is certain; progress is not obligatory.
    6. Re:The problem is that there are multiple axes by mdarksbane · · Score: 1

      I understand why open source has a problem with H.264 becoming the standard. I am saying that from the perspective of anyone *outside* of open source, it is a very open and friendly standard.

      Open source isn't the entire software world. In fact, for most people it is a very small part of it.

      Not to mention that patents are still compatible with some open source licenses. The x264 group could pay the roytalties to distribute an encoder. Any group that took their open source and then modified it would have to pay those royalties as well, but that's how it goes. It's only the stubborn refusal by some open source groups to compromise at all on any issue that prevents this (well, and a lack of corporate funding, but hey nothing else in the world is free).

      Look, *I'm* not saying that H.264 supported by is a better option than WebM. I'm saying it's a viable option for most businesses, with different problems than WebM, that is still massively better than the current alternatives (which currently seems to be patent-encumbered H.264 in a patent-encumbered, proprietary, non-standard wrapper of flash).

  51. Re:excuse me by VGPowerlord · · Score: 1

    So if I make a proprietary door with no documentation, it won't function because I've made a door that can't be open...

    Instructions on how to open the door wouldn't be "fully documented."

    Fully documented would be if I gave you all the instructions on how to build said proprietary door.

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  52. Open for business, or open for free use by Anonymous Coward · · Score: 0

    Good suggestion. Something like this?
    h.264 is open for busniess, while WebM is open for free use.

  53. All the wrong reasons... by pjr.cc · · Score: 1

    I dont really get why people are getting so up in arms google dropping h.264 from chrome. They're essentially coming out in support of things like mozilla and opera, but they market share for the browser is not astronomical.

    It really is a non-event because if people wanted to be able to support tag on their servers and be able to support say IE and firefox (the majority of browsers i believe?), they'd already have to produce both formats. Irrelevant of what google do with chrome.

    Now, if google came out and said "we'll only have webm on youtube for the tag in html5", that would be a very different story, and one worth talking about.

    I think the article is written by a cretin personally (the ars article), but alot of people are getting up in arms about a non-event.

  54. MP4 is Not Open by BrendaEM · · Score: 1

    We (most of us) are idiots for encoding video in something we have no rights to.
    Mp4 is not open.

    --
    https://www.youtube.com/c/BrendaEM
  55. Re:excuse me by DrgnDancer · · Score: 1

    You're redefining "open" as it relates to standards, not the OP. The traditional definition of "open standards" is a standard propagated by one or more international standard setting bodies (in this case ISO and ITU) and implemented by companies or other organizations in ways that may or may not in turn be "open". In other words, C++ is an open standard. g++ is an open implementation of that standard. The C++ compiler in Visual Studios is a close implementation of the same standard. Both are C++, both are based on the same open standard. H.264 is an open standard. Right now the only implementation of that standard is a closed product. Until the MPEG-LA patents expire there is unlikely to be an open implementation of H.264. It doesn't make the standard any less open.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  56. What about Chrome Flash support? by atchijov · · Score: 1

    It is far from been open standard AND its actually uses H264 under the hood. I will not congratulate Google on been Champion of Open Source until Chrome will stop having Flash EMBEDDED into it.

  57. the continued confusion of terms does not help by daithesong · · Score: 1

    It's (probably) deliberate, but the continued confusion of orthogonal axes really doesn't help the debate.
    H.264 is open, anyone may contribute to ISO/ITU projects (including those holding patents). WebM is closed, it was developed and is owned by On2/Google.
    H.264 costs money to license and deploy; it is not free. On2/Google are currently the only bona-fide identified owners of the technology in WebM (as far as I know), and they do not charge for it.
    There are open-source implementations of H.264 and other royalty-bearing codecs. I am aware of at least one codec (which I can't name) which had a free license but for which the source was only available on agreement; it was closed-source.
    So, open/proprietary usually refers to the development process and the ownership and control of the specification. Open-source/closed-source refers to the availability and visibility of the source code. Royalty-free/royalty-bearing refer to whether payment has to be made to patent owners in order to deploy. I suspect that almost any combination of these choices is possible.

  58. Easy fix... by SoTerrified · · Score: 1

    So, if I understand this right, if Microsoft honestly felt that H.264 is the best standard for the internet, they could simply release everything (including patents) for free, relinquish all control and legally open H.264. Then Google would happily support H.264 again.

    So why don't they? If they are being open and honest, they have said they don't ever plan to 'clamp down' on their H.264 rights, so they are losing nothing. Of course, if they are completely lying, and fully plan to milk it for every dollar as soon as it becomes the standard, then I guess they would do exactly what they are doing now...

    1. Re:Easy fix... by znu · · Score: 2

      Are you under the impression that H.264 is owned by Microsoft? H.264 is an open standard under the umbrella of ISO/ITU, and developed by VCEG/MPEG. This is a real standards process, like what lead to CD, DVD, the ATSC broadcast standard, etc.

      The reason there's a patent licensing pool is not because some company (least of all Mircosoft) developed it in order to make money licensing it. Rather, the reason there's a patent licensing pool is because video compression techniques are heavily patented, such that nearly any modern codec you design ends up requiring patent licensing. This will probably end up applying to WebM as well. A patent pool is merely a way to handle this in an organized fashion, so that individual implementors don't have to license patents from a few hundred different companies one at a time.

      Nobody is getting rich off of H.264 licensing fees.

      --
      This space unintentionally left unblank.
    2. Re:Easy fix... by LO0G · · Score: 1

      Ehhh... Microsoft doesn't own the patents for H.264. It owns *some* of the patents, but not all of them.

      The only entity who could release the patents is the patent owner, the MPEG-LA.

      I don't know why you mentioned MSFT in this comment... Even the grandparent talks about Google's action as being a forcing function to convince Microsoft to drop H.264 support.

    3. Re:Easy fix... by makomk · · Score: 1

      Rather, the reason there's a patent licensing pool is because video compression techniques are heavily patented, such that nearly any modern codec you design ends up requiring patent licensing.

      It's not just that. h.264 is deliberately designed to require patent licenses from as many different members of the standards body as possible. If you manage to ram your patents into the standard, you not only get to collect royalty fees but also to avoid paying them too.

      Combine this with their "patent-neutral" policy which allows the use of patented ideas even when an equally good non-patented alternative is available, and the standardization process is guaranteed to produce a standard covered by a thicket of patents.

    4. Re:Easy fix... by tomhuxley · · Score: 1

      Because Microsoft doesn't own most of the patents in the h.264 patent pool. The h.264 patent pool is made up of 1,135 patents from 26 different companies. Microsoft owns 65 of them.

  59. Re:excuse me by drinkypoo · · Score: 5, Informative

    cut bullshit. a standard that is not open, and subject to licensing fees, is NOT open. you cant redefine open.

    Well then perhaps you should stop trying to do so. Open means documented and interoperable, it does not mean patent-unencumbered. It means you can see what is happening and make changes, but it doesn't guarantee you the right to redistribute those changes, which is why we need a distinction between Open and Free software and why the OSI is the enemy of Free Software; it attempts to conflate the two by redefinition of the term "Open" to mean something almost-but-not-actually like Free Software and dilutes it.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  60. Re:excuse me by unity100 · · Score: 1

    in case you have noticed, im not saying 'open standards'. im saying OPEN.

    anything that is owned by private parties, is not open, since the openness depends on the whim of the private party, and the private party is able to reverse the 'open standard' status of the standard at any given point through usage of patents and licensing fees.

    that makes it not OPEN.

  61. Re:excuse me by Random+BedHead+Ed · · Score: 2

    During those good old days it was not possible to patent software. Sadly, the word has changed focus with the times.

  62. This is just the start... by Anonymous Coward · · Score: 0

    1. Dump H.264
    2. Buy Adobe, open up flash, push as a standard, make it free, ... (or convince Adobe to do it). Goog has $33B cash on hand. Adobe market cap is $16B.
    3. Create ARM processor for next gen Google appliances, phones, etc... with HW support for Flash and WebM, etc... H.264 removed from Android.
    4. Fail, because Facebook now controls the thoughts and minds of the masses. Facebook video to squash YouTube.
    5. Fail, because the open source community flags Google on their Android open source violations.

    Google, how is removing choice "not being evil"? This is clearly an attack on Apple (who has no "evil" policy). Don't kid yourself kids, Google envies Apple. At least Google investors do.

    Personally I don't care. I prefer reading to watching videos.

    1. Re:This is just the start... by Ash-Fox · · Score: 1

      2. Buy Adobe, open up flash, push as a standard, make it free

      The flash specification is open and Adobe is trying to push it as a standard (just not giving up control of what defines that standard) and flash is free.

      --
      Change is certain; progress is not obligatory.
  63. It also is a step back for the web by Anonymous Coward · · Score: 0

    but when you are walking the wrong path, you cannot simply keep walking and get to the right path. You need to back up. So yes, I agree with Peter as well. But stepping back is often a good thing. Mozilla came when IE was the standard, and much FUD was spread back then too, and it was a step back, but we are much better now. But don't be fooled by the term "standards body." I could care less about market speak any more. We need something Free as in Freedom. VP8 is. H264 is not.

    1. Re:It also is a step back for the web by fruitbane · · Score: 1

      I admit that I don't completely understand the point you are trying to make. Your post seems a little contradictory in places. Again, I support WebM. It's a Good Thing. But the way to support free and open development is not to exclude more restrictive solutions. It's to embrace multiple solutions, so that the best solution may ultimately prevail, by whatever metrics the best solution is determined.

      And no, VP8 is not truly Free as in Freedom. If there are indeed patent problems that will hamstring the codec. Further, while the source may be available, Google is going to keep a tight rein on the official WebM development track. I don't see many forks of WebM really seeing any success.

  64. If my wallet is "open", is it a free for all? by Anonymous Coward · · Score: 0

    Hmmm. Nice FUD article at ars. Folks are seriously confusing the word "open". "Open" is becoming a buzz word and everyone is starting to use it for their own purposes.

    H.264 is clearly a "published" standard, but following a standards process does not make something "open". ODF, on the other hand, followed the standards process and *also* made it open. Patents are also "published", but we know that doesn't make them "open".

    My very simplistic view of "open"? Is the spec and/or source available, and everyone implement it without a fee. It is really not about patents.

    As for this whole browser codec noise. Why is everyone putting limits on codecs for embedded video other than staging a holy war. Browsers should have an extensible API to allow registering various codecs. In Linux or windows, when I click on a video, if the codec is installed, it plays. Simple. So, I would be fine if they only support particular codecs and you would need to install the others.

    Given the stranglehold that MPEG has on the video, it may be time for a holy war and that is why this is happening and having google on side for this "is good thing".

    Just don't argue for H.264 and claim "open". That is just silly.

  65. Re:I'm glad Mods can't mod (-1) Censored by Steauengeglase · · Score: 1

    I wouldn't call it pro-Google, just anti-MPEG-LA. In the past they have proven themselves litigious and have a patent portfolio big enough to call any shots they want in their field. In the eyes of some this makes them a trust.

  66. Re:excuse me by bit01 · · Score: 1

    Published and usable under reasonable and nondiscriminatory terms is a very common definition of an open standard.

    This is a definition used by assorted proprietary player's marketing departments trying to redefine reality for their own profitable ends. Not by the vast majority of people and not until relatively recently.

    See most ISO standards.

    ISO is the opposite of what you are trying to claim. Most ISO standards are completely free to use though it may be necessary to pay for the standards document. That payment is for the document and to help maintain the standards body, not for the use of the standard. Nothing stopping you reading somebody else's copy (e.g. in a library) to make many implementations though and many regard even the payment for the document as onerous.

    The requirement to be free to implement is a relatively new addition to the definition (within the last 10-15 years).

    Not really. Open means free to use and has always meant free to use. Just because a proprietary standard is owned by a cartel and not by an individual company doesn't mean you can redefine open.

    I'm not free to use the H.264 standard as I please without paying somebody some money for the privilege and that makes it proprietary. Not open. End of story.

    ---

    How many million man hours has unsolicited the advertising industry cost today?

  67. Re:excuse me by DrgnDancer · · Score: 1

    a standard that is not open, and subject to licensing fees, is NOT open.

    Here you refer to a standard and its status of openness or non-openness. H.264 is an open standard by any traditional definition. It does not have an open implementation. This has been the case for many "open standards" throughout the history of computing in the early days of the standard. Often the "standards body" will approve a "standard" which is open, but based on a proprietary implementation. Later, when the patents on the closed implementation expire open implementations of the open standard come into being.

    I know what you (and Google) are trying to say, but you're trying to redefine a lot of vocabulary in order to say it. Say what you mean. Leave standards out of it. H.264 is clearly an open standard, you object to the fact that there are no open implementations. That's fine. Say that. OP is not trying to redefine any terms, he is using the traditional definition of a term you are trying to redefine.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  68. Confusing 'Open' with 'Free'? by MessyBlob · · Score: 1

    A standard can be openly documented, but heavily patented and licensed. A competing standard can be almost documented and a work-in-progress, but free to use. Which is better? H.264 would be a poor choice going forward; not because of openness or technical capability, but because the IP owners are luring implementers in, in the hope that early adopters will be irrevocably committed to a patented technology when the usage terms start to become a cash cow. What we need is good abstraction, so that we can freely switch between adopters of the standard interface: like having a graphics API that lets you use Direct-X or OpenGL just by flipping a switch.

  69. HTML5 and YouTube by BlueBoxSW.com · · Score: 1

    Google does have one rather large bullet in their arsenal.... YouTube.

    I've been interested in seeing the advances they have made in getting h.264 video and the HTML5 video tag to work over at YouTube sans Flash, and was pretty sure that's the direction things were going.

    Now if Google shifts away from this format, will they drop support over at YouTube?

    And will they stop streaming to mobile devices like the iphone that have built in YouTube players and hardware h.264 video support?

    That seems like a bigger deal than Chrome, which seems to be a nice developer browser, but doesn't have huge enough market share to matter.

    1. Re:HTML5 and YouTube by mrxak · · Score: 1

      If they were to drop H.264 and Flash from YouTube, Safari and IE could simply implement WebM. It's not going to suddenly make everyone use Chrome, and it's probably not going to suddenly make every content provider switch to WebM. Google may have a rather large bullet, but it doesn't have much gunpowder in in the cartridge, and it's the only bullet they have. Once they fire that gun, their enemies only get stronger.

      Removing a perfectly good feature from your browser is never a good idea, when other more popular browsers have that feature. This is a stunt, and one Google will either come to regret, or one that will simply force content providers to release everything in two formats. Considering how content providers hate serving up the same content in multiple forms (think HD-DVD vs. Blu-ray), chances are the larger install base will win out and Google will cave in and support H.264 again.

    2. Re:HTML5 and YouTube by BlueBoxSW.com · · Score: 1

      Right. I'm talking strategy.

      If they wanted to force the issue they could switch over to WebM for YouTube, drop Flash and h.264. This wouldn't drive adoption of Chrome as much as it would force other browsers to support their format.

      This would accomplish their goal.

      I don't think they would do it, because the threat of the lost ad revenue would be too big.

      I think more likely they'll back peddle by claiming that they are "listening to their users" and keep h.264 in chrome.

      Maybe they'll even spin it into a positive..... "Chrome: Now with h.264 video!"

  70. WebM has critical mass by qmaqdk · · Score: 2, Informative

    The browser market share in Europe is FF 38.11%, Chrome 14.58%, Opera 4.57%, all of which either support or will support WebM. That's 57% of the browser market, and if YouTube goes WebM IE and Safari will have no choice but to support it as well.

    Also since FF cannot include H.264 that means encoding your video in H.264 instead of WebM costs you nearly 40% of users.

    --
    My UID is prime. Hah!
    1. Re:WebM has critical mass by Anonymous Coward · · Score: 0

      Or Microsoft just ninja-installs a H.264 plugin like they've done with a few other things in the past.

    2. Re:WebM has critical mass by Anonymous Coward · · Score: 0

      ...Except for the fact that Flash plays H.264, and FF supports Flash. Trying to get rid of H.264 is a monumental task, since everything is already encoded in H.264. For a similar reason, even though ODF is technically superior to .DOC, you will never be able to get rid of .DOC.

    3. Re:WebM has critical mass by rwv · · Score: 1

      if YouTube goes WebM IE and Safari will have no choice but to support it as well.

      All of a sudden the cost Google incurred when it bought YouTube makes a lot of sense.

      Add this to the Google TV platform and YouTube could actually be considered a *cheap* acquisition.

    4. Re:WebM has critical mass by westlake · · Score: 1

      The browser market share in Europe is FF 38.11%, Chrome 14.58%, Opera 4.57%, all of which either support or will support WebM. That's 57% of the browser market, and if YouTube goes WebM IE and Safari will have no choice but to support it as well

      The market share of the Flash player in Europe is as close to 100% as makes no difference - and Flash supports content protection.

    5. Re:WebM has critical mass by Anonymous Coward · · Score: 0

      Actually, all this does is guarantee that everyone (but Google) encodes in h.264 and playsback through flash for FF, Chrome, and Opera instead of the tag.

    6. Re:WebM has critical mass by WiseWeasel · · Score: 1

      Except that Firefox, Chrome and Opera all ship with Flash, which does support h.264 playback, and so a single h.264-encoded file can be served to everyone; natively in the tag for browsers that support it, and handled by Flash by those that can't. No one is going to re-encode all their content to WebM if they can avoid it.

      --
      "I like systems, their application excepted", George Sand (French)
    7. Re:WebM has critical mass by mrxak · · Score: 1

      You had to look pretty hard to find data that supports your point. Sure, things are looking up for Firefox and Chrome in Europe. Worldwide, IE is a solid 46.94%. Firefox and Chrome add up to only 40%, combined. IE and Safari combined are a majority of browser share. Add in mobile browsers, and H.264 is looking even better.

      So, content providers lose out on more share, encoding in WebM instead of H.264, unless they are targeting only Europe. Much more realistically, people will encode in both, and just waste more resources. Then people will do all sorts of comparisons, and show off screencaps of both formats side by side. I'm not sure WebM will benefit from that...

      Those content providers who do make a choice, will go with the most accessible. Not a lot of sites are going to force people to install a third-party browser, but lots of sites will, as they have in the past, go with browsers that come pre-installed with the computer, namely IE and Safari.

    8. Re:WebM has critical mass by medcalf · · Score: 1

      No, actually not. It means that, in practice, browsers which do not support H.264 directly instead must support Flash, because that's how they will be served video, rather than through the HTML5 tag for it.

      --
      -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
    9. Re:WebM has critical mass by Thundersnatch · · Score: 1

      Also since FF cannot include H.264 that means encoding your video in H.264 instead of WebM costs you nearly 40% of users.

      Except all (well, 99+% anyway) of those FIrefox users will have Flash installed, or Microsoft's H.264 plug-in. The only thing this move will do is increase the prevalence of Flash. Vorbis was technically better than MP3, and free and open, yet could not supplant MP3 as the standard digital audio format. VP8 is technically inferior to H.264, and the licensing terms and scheme for H.264 are far more reasonable than those for MP3. In short, WebM is going nowhere fast.

      If Google was truly interested in an openly specified and freely implementable video standard, they could have simply bought all the H.264 patents from MPEG-LA and freed them. This may not have cost them much more than On2 plus the inevitable patent lawsuits (VP8 may not actually infringe on any H.264 patents, but it is certainly close enough in many respects that there will be more than a few lawsuits.)

  71. Actual arguments about H264 and WebM aside... by jokermatt999 · · Score: 1

    This is pretty bad for an Ars Technica article. They usually do a good job examining both sides and avoid favoring one side heavily. This piece completely dismisses everything said by the other side. No mention of the possibility of raised fees, ignoring the burden on OSS developers, parroting Gruber's lines about how support Flash is hypocritical, etc. It's a sad day for the standard of Ars Technica's writing.

  72. Re:excuse me by rubycodez · · Score: 1

    The terms are not reasonable, if I have to fork out money as a web site provider.

    And yes, we'll go with the "new" definition of open which includes "free to implement", and reject the old definition of "having to line some cocksucker parasite's pocket in order to use".

  73. Re:excuse me by Anonymous Coward · · Score: 0

    It discriminates against me. I certainly don't have $100000 to give. And a good engineer in my country might take $20000 annually.
    If the cost were $10, then it would be nondiscriminatory.

    Thank Spaghetti Monster that Google is big enough, so that MS can not (easily) force us to use whatever they support; it is a step to the more open direction.

    -

    Posting a anonymous coward, because I am afraid of America (not Americans).

  74. Google announces no MP3 / audio support in chrome by SilenceBE · · Score: 1

    Not really but as MP3 is also a patent encumbered format (and is supported in the audio tag) it is the very logical next step to do not ?

    Mod me down but you can't mod down the truth is that a company that is doing this move about openness should ban all non patent encumbered formats...

  75. Google becomes what it set out to destroy by Anonymous Coward · · Score: 1

    Google; believed by many to be the salvation of proprietary wares on the net becomes large enough to claim they "run the net" by limiting choices to their approved list. Sounds to me like they have become the 800 pound gorilla and are doing exactly what they said they were here to end. So whose next in line to tout the "free bird" mentality so we can jump on their bandwagon.

  76. It comes down to this by ndvaughan · · Score: 4, Insightful

    Video distributors wanting to support both Flash and HTML5 users will have to encode twice; once in H.264, for Flash users, and again in WebM, for HTML5 users. This doubles the computational cost, doubles the storage requirements, and as an added bonus will tend to hurt quality. This is inconvenient for a small site with one or two videos; for sites like SmugMug it's an enormous headache. They can either suffer the doubled costs and complexity, or ignore HTML5 altogether and stick with Flash (emphasis mine)

    This is what the outcome will be - arguments for removing support for H.264 fall flat since Google knows this is what will eventually happen (especially now that Chrome has become much more popular). The end result will be that fewer web sites will be iOS-compatible thereby strengthening Android, since it does support Flash. This is Google playing corporate BS games using "openness" as a guise, plain and simple... Guess they took some lessons from Apple.

    1. Re:It comes down to this by Ant+P. · · Score: 0

      Why would anyone encode in H.264 for flash users when flash is adding WebM support? This guy's an idiot splogger who has done *no* research at all.

    2. Re:It comes down to this by tuppe666 · · Score: 1
      What they did was "OPEN" the fact that it is driven to do so by business intentions...and one of then is to be open does not mean that these things are not mutually exclusive..they never are, most good things come from self interest.

      The fact that it turn iDevices into worthless bricks is a bonus. Hopefully they will know better and buy from a more reputable company, which is more open to a new codec. Because those don't come out every year.

  77. Re:excuse me by Anonymous Coward · · Score: 0

    no, its not an open standard. because, some party retains the ownership of that standard, so they can collect fees from it. that relegates the ownership of that standard to that party. that means, that party can do anything with that standard at any given point in time, and you cant object to it. that is NOWHERE near the definition of 'open'.

    Same goes for MP3. http://en.wikipedia.org/wiki/MP3 Would you support that products remove all support for MP3s asap?

  78. Re:excuse me by unity100 · · Score: 2

    'open standard' means what you speak of. open does NOT mean 'possible to encumber with patents'. open means open.

  79. Re:excuse me by unity100 · · Score: 1

    'open standard' as a term, and a standard that is open, differ, in linguistics. what you describe only means 'open FOR now', since the openness of that standard, is under the control of a private interest.

  80. Re:excuse me by unity100 · · Score: 1

    yes. as long as it is replaced with an open format that no private party controls.

  81. Peter isn't too Bright: He's a collegiate dropout by Anonymous Coward · · Score: 0

    PeterB (Peter Bright) of arstechnica (who also goes by Dr. Pizza here and elsewhere online as his alternate username) is nothing more than a "battlefront" forums moderator over at arstechnica.com who dropped out of collegiate academia because he couldn't handle it. So, did you expect better material from the likes of that ilk? Peter Bright is proof that Arstechnica's really the home of "the under-achievers of the internet"!

  82. Peter Bright is off the mark because hes a dropout by Anonymous Coward · · Score: 0

    PeterB (Peter Bright) of arstechnica (who also goes by Dr. Pizza here and elsewhere online as his alternate username) is nothing more than a "battlefront" forums moderator over at arstechnica.com who dropped out of collegiate academia because he couldn't handle it. So, did you expect better material from the likes of that ilk? Peter Bright is proof that Arstechnica's really the home of "the under-achievers of the internet".

  83. All this talk about h.264? What about MP3? by Anonymous Coward · · Score: 0

    I fully support Google dropping h.264 from their browser because I want an open an accessible Internet for everyone. I think it will be good for the Internet in the long term to have full open and free options available.

    I do wonder why Google made no mention of Chrome's support for MP3, which is just as much patented and non-free as h.264. Sure Google wants to see WebM take off, and dropping h.264 is the first step along those lines, but it seems disingenuous to say they're dropping it because it's not open when they're still supporting MP3. You can't have either one if you want to champion freedom and openness.

  84. Re:Google announces no MP3 / audio support in chro by tuppe666 · · Score: 1
    Wow Google make a business decision over the VIDEO tag which having bought a codec, having some control over the largest growing mobile video platform, and a influential web browser. A decision that has been made by half of the overall browser market it could make to avoid having a situation like MP3(its chosen OGG for the Sound portion)

    Seriously MP3 needs to look at having its patents seriously inspected. Those things run out in 2017. I think the open web would benefit a great deal from having a patent free implementation of MP3.

  85. Re:Google announces no MP3 / audio support in chro by ProfessionalCookie · · Score: 1

    MP3 patents started expiring in 2007 and will all have expired by 2017. *Sigh* I wish US patents expired in 5 years.

  86. Re:excuse me by Tom · · Score: 1

    "reasonable" in this context does not mean "so cheap every mom&pop can afford it". In this context, "reasonable" means you can't charge 52 gazillion trillion just to be sure you technically have an offer available for everyone, while in reality you want only your friends, whom you've given different terms, to really have it.

    --
    Assorted stuff I do sometimes: Lemuria.org
  87. Interesting article about video format for HTML5 by dalmor · · Score: 3, Informative

    Most people don't know that in order to support EVERY video format for HTML5, you still have to encode a video 3 different times. But this site has a great explanation on which browsers support what, this history of the video formats, and even describes the history of licensing HTML5(i.e. went from paying for encoders, players, AND transmitting to just paying for encoders to players).

    http://www.diveintohtml5.org/video.html

  88. Re:excuse me by geekoid · · Score: 2

    No. What days are you speaking of? I remember when standards, meant fully documented, and accepted by the proper groups. Never heard it called open.

    Open used to mean usable by anyone without cost. This would include some standards, as well as specific documentation.

    For example:
    Sony used to be open in that I could write them and ask for a schematics and documentation about their hardware. Once there reply even included sets of small screws for the CD player I was fixing. No charge.

    In fact, My experience with Sony is why I am always shocked at there behavior regarding the PS3.

    And because it's relevant, I'll bring it up:
    I've been involved in the electronics and software industry for over 30 years.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  89. Ars is right by Anonymous Coward · · Score: 0

    Tell you what, removing support for H.264 renders a browser almost completely useless for me. Looks like I'll be using Safari and IE from now on. If people want open source software (browsers, etc) to be successful, they have to support the industry standard formats in use, whether or not those standards are "open." Adios Chrome, it was nice know ing you.

    1. Re:Ars is right by Ash-Fox · · Score: 1

      Tell you what, removing support for H.264 renders a browser almost completely useless for me.

      You forgot to mention a major website that does only the html5 video tag and doesn't provide any other method. Don't forget that Chrome comes with flash support out of the box, and flash has h264, so any site that falls back on to flash would still work.

      they have to support the industry standard formats in use

      Flash is the industry standard for players, not built in h.264 support in browsers for the video tag, what are you talking about?

      --
      Change is certain; progress is not obligatory.
  90. Google simply can't win... by Zelgadiss · · Score: 1

    If they support H.264, which was their previous position, open source people will cry foul.

    If they support WebM, fans of H.264 will whine about the loss of quality.

    If they support both, HTML 5 video tag will be standardize sometime in 2027, when all of H.264's patents run out, invoking the wrath the open source Flash-hating population.

  91. Re:excuse me by Anonymous Coward · · Score: 0

    yes. as long as it is replaced with an open format that no private party controls.

    well.. the issue here is removing it _while_ a lot of people are using it and considering it the standard - and while other highly used solutions don't support the alternative. Removing MP3 support from a media player asap, and only support OGG (regardless of support in rest of market) is more like what Google is doing here.

  92. what about pedantry? by Anonymous Coward · · Score: 0

    I think you'll find it's Steve Hand Jobs

  93. Do they not even listen to themselves? by Anonymous Coward · · Score: 0

    "The promise of HTML5's video tag was a simple one: to allow web pages to contain embedded video without the need for plugins..."

    But by making it use H.264, I will HAVE to use a plugin to get it to work on Linux. With WebM, I won't.

    So why do they think this move is going to be a BAD thing?

  94. Re:excuse me by unity100 · · Score: 1

    you gotta start somewhere. if you attempted a slow migration, the private interests would have a lot of time to prevent it or send it off track.

  95. Re:excuse me by hedwards · · Score: 2

    If it's patent encumbered, then it isn't truly interoperable, now is it? If the folks over at Haiku OS have to pay for a license to interoperat, they probably aren't going to have the money to do it, at least not without cutting substantially in other areas. Same goes for other small non-commercial environments.

  96. Re:excuse me by Bill_the_Engineer · · Score: 1

    Ugh.. Software patents were created in the 80's. Having to pay a royalty has nothing to do with being fully documented.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  97. Re:excuse me by Xtifr · · Score: 1

    "reasonable" in this context does not mean "so cheap every mom&pop can afford it".

    Then maybe it's not a very reasonable definition of "reasonable".

    Still, it's nice to know that the giant corporations haven't given up on attempting to redefine the language to suit their own needs.

  98. Angry Angry by Anonymous Coward · · Score: 0

    http://www.youtube.com/watch?v=epCLAsI_ocA

  99. Re:excuse me by Bill_the_Engineer · · Score: 1

    Open didn't mean free.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  100. As open as JPEG, C++, and ISO 9660 ? by GodWasAnAlien · · Score: 1

    > This makes H.264 an open standard in the same way as, for example, JPEG still images, or the C++ programming language, or the ISO 9660 filesystem used on CD-ROMs?

    All of these are royalty free standards. So these are unusual comparisons to make a case.

    The definition of "open" has changed a bit over the years due to open source.

    "Open" in "OpenWindows" released by Sun in 1989, is quite different than the "Open" in "OpenOffice" released by Sun in 2000, or the 2006 "OpenDocument" format.

  101. This strategy sounds familiar by Mr.+Underbridge · · Score: 1

    if YouTube goes WebM IE and Safari will have no choice but to support it as well.

    It's a good thing that YouTube can't be perceived to have a monopoly on online video distribution or that might be a dangerous strategy.

    That is the case, isn't it?

  102. Re:excuse me by Anonymous Coward · · Score: 1

    > Well then perhaps you should stop trying to do so. Open means documented and interoperable, it does not mean patent-unencumbered.

    "open" does not mean that according to any dictionary. Open generally means "not closed".

    As for "open standard", generally open source developers have a different definition than the one you give.

    Using the dictionary expansion of "open", we get "a standard which is not closed".

    I guess "closed standard" has a different meaning to different people.

    Here is the "OSI" definition of "open standard", which is different from the ISO definition.

    http://opensource.org/osr

  103. Sometimes by ThatsNotPudding · · Score: 1

    Ars does get overly-haughty. Perhaps over-use of Latin can leave one with delusions of being a Roman Senator.

  104. Follow the money. by westlake · · Score: 1

    However, it is also covered by hundreds of patents, which means you can't actually use any of that information without getting a license from the patent holders. One of whom is Microsoft, who stands to make a lot of money from it. Others include Sony and Apple, who stand to make a lot too.

    The 30-odd H.264 licensors are - with a bare handful of exceptions - are global giants in manufacturing. Companies like Mitsubishi Electric, Samsung. JVC, Panasonic, Philips and Toshiba.

    They are in the business of selling HD hardware - in the consumer market. Studio production. Broadcast, cable and satellite distribution.

    Industrial security and military applications. Medicine.

    there is a fear that if x264 were to become so established it were impossible to do without it then there would be a temptation for them to start milking more money from those patents.

    Too late:

    List of video services using H.264/MPEG-4 AVC

  105. Charge the content producers, not the consumers by Rob+Y. · · Score: 1

    I don't see why the H.264 patent holders can't just grant an irrevocable free license to anybody for displaying H.264 content. Make their money on the production side. Charge more on that end if that's what it takes. Yeah, some producers may opt for a cheaper format, but as it is, they may end up losing the whole game.

    Ultimately, internet technologies are healthiest when the consuming end is free (in every sense of the word). And it's not really necessary to attempt to collect royalties from the consumer. They're not making the choice to use the technology - they're just trying to consume what's out there. The producer chooses the technology, and the producer should bear any royalty costs.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  106. Re:excuse me by Jah-Wren+Ryel · · Score: 2

    The requirement to be free to implement is a relatively new addition to the definition (within the last 10-15 years).

    And yet the requirement of being free to implement has been at the core of the internet since the 1960s when RFC0001, defining the protocol for IMP host communications, was published. ISO's involvement in the internet didn't really come until they published the dead-on-arrival OSI protocol suite in the early 80s.

    So a requirement of being free to implement is 100% in line with historical precedent for internet related standards.

    --
    When information is power, privacy is freedom.
  107. Re:excuse me by Jah-Wren+Ryel · · Score: 1

    Open didn't mean free.

    On the internet it always has, all RFCs are free to implement.

    --
    When information is power, privacy is freedom.
  108. Re:excuse me by Bill_the_Engineer · · Score: 1

    On the internet it always has, all RFCs are free to implement.

    Wrong. Take RFC 2281 (Cisco Hot Standby Router Protocol) for example:

    US Patent number 5,473,599 [2], assigned to Cisco Systems, Inc. may be applicable to HSRP. If an implementation requires the use of any claims of patent no. 5,473,599, Cisco will license such claims on reasonable, nondiscriminatory terms for use in practicing the standard. More specifically, such license will be available for a one-time, paid up fee.

    Even better to this discussion is RFC 3984 - RTP Payload Format for H.264.

    You can look that one up.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  109. H.264 business model incompatible with FOSS, web by kripkenstein · · Score: 3, Insightful

    H.264 is a real standard, developed and governed by a multi-party process, recognized by international standards organizations, and extensively documented.

    That is all well and good, but, the fact stands that it is impossible to legally create an open source H.264 enabled browser (in countries where patents are valid). Because of that, H.264 is simply not suitable as a standard for the open web - if only closed-source browsers can view the web, it is no longer open.

    To clarify that point: Even if Google or Mozilla paid MPEG-LA royalties for their own browsers, the browsers would not be freely redistributable, which violates a fundamental principle of free and open source software. MPEG-LA's current business model is simply not compatible with open source software and the open web.

    The interesting question would be, what would happen if MPEG-LA made an exception for open source implementations of H.264. Total guess, but I suspect Google approached MPEG-LA with that or something similar, got rebuffed, and went through on their bluff to remove H.264 from Chrome. MPEG-LA's next move will be interesting (remember that they already made H.264's licensing more lenient several times, in response to Google's previous moves of buying On2 and announcing WebM).

  110. Re:excuse me by Jah-Wren+Ryel · · Score: 1

    Wrong. Take RFC 2281 (Cisco Hot Standby Router Protocol) for example:

    Ok, then for the first 30 years they were free to implement. Then somebody decided to redefine what an RFC was.

    --
    When information is power, privacy is freedom.
  111. Re:excuse me by Bill_the_Engineer · · Score: 1

    Ok, then for the first 30 years they were free to implement. Then somebody decided to redefine what an RFC was.

    How so? RFC always and still stands for "Request For Comments" by the Network Working Group. Patents on software didn't exist until the 1980's, but nothing in the RFC prevented patented software from being used.

    Not all RFCs were protocol definitions, some were operational notes like "Activity Reports", "How to handle documents", etc.

    These were sharing of ideas amongst academia (and government scientists) and not all of them used components that were free.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  112. Re:excuse me by dzfoo · · Score: 1

    Like you decided to redefine what a "Request For Comments" is? They are proposals for Internet standards and conventions, some of which have indeed become de facto standards. Their use makes no claims, in an of itself, as to cost, only openness and transparency.

          -dZ.

    --
    Carol vs. Ghost
    ...Can you save Christmas?
  113. Re:excuse me by dzfoo · · Score: 1

    I do not see a requirement of being free (as in beer) to implement. Free (as in freedom) is a given, and is what the parent poster is arguing as the definition of "open".

    Or do you mean to say that Open Source Software has a requirement to be free (as in beer)?

          -dZ.

    --
    Carol vs. Ghost
    ...Can you save Christmas?
  114. don't ask us to sleep on YOUR couch by Anonymous Coward · · Score: 0

    "free as in I want to sleep on your couch for a year."

    google is more like "i don't want to sleep on the couch if you say it's yours".

  115. Re:Peter isn't too Bright: He's a collegiate dropo by DrPizza · · Score: 1

    On the one hand, the fact you've posted this a bunch of times to the thread is a surefire sign that you're APK.

    On the other hand, the grammar and punctuation are at least vaguely sane. So I have to wonder; APK, have you been medicated?

  116. Thoughts on HTML5 video and H.264 by Anonymous Coward · · Score: 0

    This is a (long) summary of my feelings on HTML5 video and H.264:

    - H.264 is not something everyone is allowed to implement
    - H.264 streaming of paid-for content requires royalty payments
    - Decoding and encoding of H.264 requires licensing

    How can communication be free (in both the sense of "speech" and "cost") with H.264 if not everyone is free to implement it? One of the greatest things about the internet is that it is the "great equalizer"... everyone, regardless of means, can have a voice, compete against the biggest players, and have a chance to succeed. Never before has any medium allowed for such wide-reaching open communication and expression by ANYONE.

    Can you imagine if a person had to get licenses for every file format type used on the web? For GIF images, that's one license... for JPEG, that's another... same goes for PNG, HTML, CSS, Javascript, SVG, etc. With HTML video, I think everyone would like it to become as ubiquitous as those existing formats. By allowing H.264 to become an acceptable format for the web, a worrisome precedent is set. As new formats and types of content appear and the web integrates them, how many more licenses will a person need? How much will need to be paid in royalties? In the long run, even the amount to be paid for licensing and royalties could be minor compared to the complexity of simply making sure you or your organization stay within the letter of the law with all of the content you provide.

    Innovation on the internet has been driven by the ability of ANYONE to be able to implement the standards used on the web and the ability of ANYONE to be able to use those standards to share their ideas with. The internet would not be where it is today without that. Firefox could never have existed without that. Chrome probably would never have existed without that. Even Safari probably would never have existed without that.

    Something that the Arstechnica article seems to miss however is that the likelihood of VP8 infringing on H.264 patents is just as great as H.264 infringing on VP8 patents. The patent infringement guessing game is something that really can't be played here. No one seems to be able to say say with any confidence that any given codec doesn't infringe on any patents. MPEG-LA seems afraid to bring infringement charges against either Theora or VP8 which leads to the conclusion that they don't really have a case against Theora or VP8, the patents they are claiming Theora or VP8 are infringing on are weak and are likely to be thrown out, that they maybe counter-sued for infringement of VP8 patents, or a combination of any of those things.

    Google seems to be receiving a lot of flack about including Flash with Chrome however; people are crying "hypocrite!" at the top of their lungs. Keeping Flash bundled with Chrome however, with the web in its current state, is a pragmatic decision. Only a small fraction of the web is currently using the HTML video tag while Flash is already deeply rooted. Google made their move with the video tag at a time when it was still feasible, while Flash can't be dropped nearly so easily. The use of MP3 and AAC in the HTML audio tag is however a different matter; this is a case where I will agree with most that if Google is dropping support for H.264 over the matter of openness and freeness, MP3 and AAC should go as well.

    Other people are arguing that this move will stop big content providers from supporting the HTML video tag, but they seem to forget a critical thing: big content owners/providers such as Netflix, Amazon, and Hulu INSIST on DRM. There is currently nothing in any proposed HTML standard, let alone any implementation, that meets this requirement. While the debate on if DRM is truly needed is for another time, the fact of the matter is that these content providers will continue to use Flash or Silverlight as their delivery mechanism until they are satisfied that HTML can provide them with the DRM they feel is necessary, so in no way is this move detracting from the openness of the web.

    1. Re:Thoughts on HTML5 video and H.264 by Anonymous Coward · · Score: 0

      You make good points.

      Some people would like to say "open as in ISO", and would complain that "open as in open-source or free-software" is unfair somehow.

      But considering this is proposed as a new standard Internet medium, then comparing to past mediums of writing and publishing is most valid.

      So instead of saying "h264 is open like mp3",
      We can say: "WebM is open/free like HTML", "WebM is open/free like the printing press" or "WebM is open/free like paper/pencil"

      Meaning, the medium is open/free for anyone to use without special permission.

  117. Re:excuse me by shutdown+-p+now · · Score: 1

    If you attempt a fast migration, you end up as GNU/Hurd while the world moves along without you.

  118. Re:excuse me by Jah-Wren+Ryel · · Score: 1

    Like you decided to redefine what a "Request For Comments" is?

    Classic nube mistake to take the name literally. RFCs are part of a process that produces standards - not just defacto standards, but actual standards too. See rfc1796 for a discussion of the process.

    In addition, Bill the Engineer's citations are off the mark - RFC 2281 - Cisco HSRP - is informational only. In the case of RFC3984 - RTP Payload Format for H.264 - there is no patent encumbrance on the standard described. It's just a description of how to packetize an h264 datastream but no patents are required to implement that packetization. Arguing that it does require patent licensing would be like arguing that HTTP requires patent licensing because h264 can be streamed over HTTP.

    So I stand by my original assertion with a minor modification - the RFCs on which the internet have been built are fully free to implement.

    --
    When information is power, privacy is freedom.
  119. Re:excuse me by lennier · · Score: 1

    It seems the new-speak has redefined "open". Remember the good ole days when "open" meant fully documented?

    I remember when "open" also meant legal to be implemented without restrictions.

    H.264 isn't.

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  120. Re:excuse me by Tom · · Score: 1

    Then maybe it's not a very reasonable definition of "reasonable".

    Or maybe you need to realize the entire world does not revolve around you and your budget. Industry standards regularily discard mom&pop in favour of, well, standardization.

    I can only repeat: "reasonable" does not mean dirt cheap, and doesn't have to be, and there is no corporatism or redefinition of language involved.

    --
    Assorted stuff I do sometimes: Lemuria.org
  121. Re:excuse me by lennier · · Score: 1

    Published and usable under reasonable and nondiscriminatory terms is a very common definition of an open standard. See most ISO standards. The requirement to be free to implement is a relatively new addition to the definition (within the last 10-15 years).

    Correct, but in the last fifteen years the Web and the Open Source movement happened. "Open" in the context of Open Source now also carries the connotations of the information not just being documented but also legal to implement without restrictions.

    It is openness in the OSI definition of the term that is important (even in more pragmatic approach than Free Software - OSI "Open" promises less freedoms than FSF "Free", but still is far more open than RAND "Open").

    Can we agree to say that H.264 is "RAND Open" but is NOT "OSI Open" or "Open Culture Open", is certainly not Libre, does certainly not comply with Stallman's Four Freedoms (even after 2014 the Zeroth Freedom), is not compatible with Cand because of this is most certainly not a suitable foundation for the implementation of media in a as pervasive a cultural institution as the World Wide Web?

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  122. Re:excuse me by Bill_the_Engineer · · Score: 1

    Classic nube mistake to take the name literally. RFCs are part of a process that produces standards - not just defacto standards, but actual standards too. See rfc1796 [ietf.org] for a discussion of the process.

    What? Just admit you were mistaken and move on... It's not a contest, just a conversation.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  123. Re:excuse me by lennier · · Score: 1

    rar. "Is not compatible with Creative Commons or GPL licences and..."

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  124. google chrome comes with *adobe flash* by Anonymous Coward · · Score: 0

    seriously? google will not ship h264 with chrome due to 'lack of openess' but will happily include flash with chrome (which, incidentally has no problems playing h264 videos - what do you think iplayer, youtube, etc. are serving?) ? hypocritical much?

  125. "open" used consistently by t2t10 · · Score: 1

    It seems to me some OSS types get a little hypocritical in that they talk about OSS being all about openness as in source.

    The analogy is quite straightforward:

    Open source = you get the source, you can compile it, run it, and distribute the source and the binaries you create without paying anybody (however, you can charge people if you like)

    Open standard = you get the specification, you can implement it, run it, and distribute your implementations without paying anybody (however, you can charge people if you like).

    If either the source or the standard is patent-encumbered, i.e., if you can't use it or distribute it without patent restrictions, the thing ceases to be open.

    So, the meaning of the term "open" is used quite consistently. And just like software under "shared source", "non-commercial", or "research" licenses is not considered open source, so standards under RAND terms (like H.264) haven't traditionally been considered "open standards".

    Since people pretty quickly realized that open standards were better than proprietary standards, a number of companies have been trying to muddy the waters and redefine "open standard" to mean "formal standard with RAND licensing terms". But that's like oil companies trying to project a "green" image; it's marketing fluff.

    Only things which cost nothing are acceptable, for some reason "open but not zero cost," isn't ok anymore.

    Money isn't the issue. You are free to charge for the distribution of open source software, and many people do. What you cannot do is restrict the ability of other people to redistribute. That's the defining characteristic of "open source". A consequence of that is that you can't derive a mandatory licensing fee from downstream distribution. But that's not because people begrudge you the money, it's because that would give you control over downstream distribution, and that is incompatible with openness.

    And H.264 is an example of how dangerous such restrictions get, because H.264 licenses don't just say "you have to pay us $1 for every instance", they impose a complex set of restrictions on the content you can create with the technology. That's what makes H.264 lack of openness dangerous in a way that goes beyond just a little money.

  126. Re:excuse me by lennier · · Score: 1

    Open means documented and interoperable, it does not mean patent-unencumbered.

    I agree that the term "open" in the patent world does not mean non-patent-encumbered, but since 1998 it has in the Open Source world. To argue that "open" in the context of the Web does NOT mean non-patent-encumbered is not strictly correct.

    However, yes Libre in the FSF sense would be a better term to use since it is less ambiguous.

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  127. bad move by t2t10 · · Score: 1

    I think the sooner H.264 dies, the better: it's a piece of proprietary software that nobody needs given that there are good open alternatives.

    However, sometimes for the adoption of FOSS, it's important to support proprietary standards. Ubuntu works so well for many people because it support a few proprietary components, like nVidia. The result of the uptake of such successful Linux distributions is that vendors don't think you're completely crazy anymore when you ask about Linux support.

    One has to watch out that incorporating some proprietary components doesn't become a slippery slope. But usually, things go the other way: proprietary components get replaced with open ones as vendors start seeing the benefits, and patents expire, turning patented standards into open ones.

    Chrome should encourage the use of WebM and other open standards. Maybe Chrome could even go as far and pop up a dialog first time H.264 is used to alert users, and from then on show a little scary logo on the player controls for proprietary codecs. But it should be able to play H.264 fairly unencumbered because otherwise, it will make the life in FOSS environments unnecessarily harder.

  128. Re:excuse me by Jah-Wren+Ryel · · Score: 1

    What? Just admit you were mistaken and move on... It's not a contest, just a conversation.

    What? As far as I can tell you are the one who is mistaken.
    What part of the internet being built on free to implement standards is new?

    --
    When information is power, privacy is freedom.
  129. Re:H.264 business model incompatible with FOSS, we by terjeber · · Score: 1

    That is all well and good, but, the fact stands that it is impossible to legally create an open source H.264 enabled browser

    BZZZZT!!! WRONG! You can use a browser that supports playing any media content for which your host computer has a codec. It isn't even particularly difficult to do so. You can therefore play any H.264 content you wish in your open source browser. You won't even have to pay a licensing fee.

    No magic required, just no need to rule the world like Google wants to. H.264 is, with some margin, the only modern and open standard for video available. It is also the codec in which all the content producers are going to publish their content. I hope you prefer You Tube kittens over ESPN and Comedy Central.

  130. Re:excuse me by drinkypoo · · Score: 1

    If the folks over at Haiku OS have to pay for a license to interoperat,

    It doesn't mean that you have a right to interoperate, only an ability. They are motivated to give you the right because if they don't, you won't. That's a separate issue. Indeed it can exist in the reverse relationship; you are required to follow building codes, but you have to pay to get them!

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  131. Re:excuse me by Anonymous Coward · · Score: 0

    Actually it is the FSF that dilutes its meaning because open in its essence means the act of distributing the source of a program or making available documentation about a device or standard, something that has nothing whatsoever in common with the GPL. Learn history and please remember that the GPL and the whole free software discourse was invented only in 1989.

  132. Re:H.264 business model incompatible with FOSS, we by kripkenstein · · Score: 1
    There are two problems with the let-the-browser-use-OS-codecs argument:
    • First, the patented codec remains patented. The problem just goes down to the OS, or in other words: It is not possible to legally implement an open source OS to power such a browser. In such a world, you can only use closed-source OSes to access the web (sometimes through open source browsers). That is a very bad outcome, and against the idea of the open web, and open source in general.
    • Devs from Firefox, Opera, etc. have detailed many technical issues with using OS codecs, that make them not want to go that route. Of course there are benefits as well, but overall browsers vendors have decided to only use OS codecs when they also make the OS (IE on Windows, Safari on Mac), that is, when they control the entire stack anyhow.
  133. Re:excuse me by Qwavel · · Score: 1

    There is no one definition of open. Rather, there are many different ways that something can be open. The more open something is the better.

    For example
    - Least open would be something like Fairplay.
    - WMA/WMV is a little better cause it is licensable under published terms.
    - H.264 is better still cause it is also open-source.
    - Ogg codecs/WebM are better yet for being freely licensable and not patent encumbered.

    I feel that Mozilla and Opera have made a very strong case that the incremental openness of the Ogg codecs/WebM are very important for the Web and are consistent with the openness of the rest of the web standards, but they aren't suggesting that it is as simple as "ogg open, h264 closed".

  134. Maybe a Standard, but not a web standard by weston · · Score: 1

    Wrong. H.264 was created to create a STANDARD.

    Great. If they want a standard, they're welcome to it. And if the members of the patent pool want the pool to protect their intellectual property and mine the value, then that's their privilege.

    If they want a *web* standard, though, that's different.

    You do not have a open web -- in the free/libre sense -- when its clients can't be freely implemented and re-implemented. Imagine a world where HTML itself was controlled by a patent association that charged fees to anyone who implemented authoring or rendering software and you start to get the idea. Yet some people are apparently OK with playing exactly that game with a key piece of the HTML5 spec.

    WebM is a step away from that.

    I wish people would just stop drinking the Google Cool-Aid and think about WHY they are making this move. It's not about the money. it's not about openess. It's about trying to make the standard that they bought the standard for video on the web. Next thing, they will limit the licensing to their competitors so that they can't do everything they are doing with video on the web.

    Google has granted a perpetual, royalty-free patent license to VP8/WebM.

    Who's drinking kool-aid again?

  135. Not open if you can't freely re-implement by weston · · Score: 1

    it IS AN OPEN STANDARD. It's just not free as in beer.

    It's not free as in libre either if you can't freely re-implement.

      Imagine a world where HTML itself was controlled by a patent association that charged fees to anyone who implemented authoring or rendering software.

    You're essentially arguing for that.

  136. Re:excuse me by hedwards · · Score: 1

    It's not really a separate issue as nobody can provide the support without paying the license. Meaning that without a substantial user base willing to pay, the support isn't provided. I'm not sure exactly how that isn't a failure to interoperate due to an inability to pay.

  137. Here's what the MPEG-LA license looks like by trawg · · Score: 1

    I asked MPEG-LA what I would need to do to correctly license an open source h264 implementation. They fedexed me a massive contract:

    http://trog.qgl.org/20110114/the-mpeg-la-license-agreement/

    I'm not interested in reading that whole thing. I would happily give them some money to get a "correctly" licensed ffmpeg thing for commercial use.

    Could MPEG-LA package up a version of ffpmeg/x264 and sell it off their site or would that violate the license of those software packages, I wonder...?

  138. Re:H.264 business model incompatible with FOSS, we by terjeber · · Score: 1

    Using the codecs on the computer leaves the choice to the user, that is freedom. What FF and Google are doing is the opposite of freedom, they force the user to use what the FF and Google teams are mandating.

    If Devs from FF and Opera have issues with using codecs on the existing computer they are just being lazy. The main issue with doing this is control and the ability to "pre-approve" a codec for a specific browser. Again, FF and Chrome are limiting the choice for the user. How that is freedom and openness is not entirely clear. It is like the old Ford "saying": You can have your car in any color you want, as long as it is black.

  139. Mod parent down by RichiH · · Score: 1

    > He isnt being informative. He is being dishonest.

    He is informative. It's just that you did not realize that Google is granting third parties a licence. Google is not granting itself a licence. And why should they? They own the copyright.
    And even if they did, I am not sure it's legally possible for Google to revoke a licence to itself.
    And even if it could, Google would need to take someone else to court, claiming VP8 violates, to quote, "direct or contributory patent infringement, or inducement of patent infringement."

    None of this makes sense. Not in the least.

  140. Re:excuse me by RichiH · · Score: 1

    open standard != FLOSS

  141. Re:excuse me by RichiH · · Score: 1

    You are mostly correct, but these days, Free Libre Open Source Software is the correct term. Yes, it's a pity that we needed to refine the name as much as we did, but hey. It works; for now.

  142. Re:excuse me by Bill_the_Engineer · · Score: 1

    What part of the internet being built on free to implement standards is new?

    Which part of my conversation did I say that?

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  143. Re:excuse me by Jah-Wren+Ryel · · Score: 1

    Which part of my conversation did I say that?

    Really? You are mister semantics now? What happened to "this is a conversation?'
    I said that on the internet "open" has always meant free and I cited RFCs in general.
    You cite a couple of RFCs that were extremely weak exceptions to the general example.
    That doesn't invalidate my original point that on the internet open means free even if that's not the case in other areas but here you are saying "just admit you made a mistake.
    Congratulations - your focus on trivialities totally brought new insight to the "conversation."

    --
    When information is power, privacy is freedom.
  144. Re:excuse me by Bill_the_Engineer · · Score: 1

    Really? You are mister semantics now? What happened to "this is a conversation?'

    Nothing you made a huge leap in logic and tried to put words in my mouth.

    I said that on the internet "open" has always meant free and I cited RFCs in general.

    And I said you were wrong because open meant fully documented, and pointed out that not all RFC reference totally free protocols.

    You cite a couple of RFCs that were extremely weak exceptions to the general example.

    One of many. You should really read up on this stuff.

    That doesn't invalidate my original point that on the internet open means free even if that's not the case in other areas but here you are saying "just admit you made a mistake.

    You haven't even come close to proving that "open" means "free". You can wish really really hard, but that doesn't count. You bring up RFCs but then again it's apparent that you don't fully understand their intent.

    Congratulations - your focus on trivialities totally brought new insight to the "conversation."

    Whatever. You can insult me all you want, but it still doesn't lend any credence to whatever point you were trying to prove.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  145. Re:H.264 business model incompatible with FOSS, we by dangitman · · Score: 1

    That is all well and good, but, the fact stands that it is impossible to legally create an open source H.264 enabled browser

    Nonsense. There are many Open Source licenses. Not all of them are Free Software. It would be perfectly possible to do so.

    To clarify that point: Even if Google or Mozilla paid MPEG-LA royalties for their own browsers, the browsers would not be freely redistributable, which violates a fundamental principle of free and open source software.

    No, it's not. The principle of Open Source is about having the source code available. It has nothing to do with not charging money for the software. Even the GPL allows you to charge money for software.

    It's amazing how many people here pontificate about FOSS, without even understand the most basic principles. It's not about free beer at all.

    --
    ... and then they built the supercollider.
  146. Re:H.264 business model incompatible with FOSS, we by kripkenstein · · Score: 1

    You are correct that not all open source licenses are free software. I intended FOSS and not just open source, I apologize if that was not clear.

    You are also correct that the GPL allows you to charge money for software. However it is important to be clear - you would still be providing the software under the GPL, which gives the users all the regular software freedoms.

    To be more specific, H.264's business model is incompatible with the the W3C, with the GPL, with Debian's policies on openness, etc. For those reasons I think H.264 is not suitable for the open web.

  147. Re:excuse me by Jah-Wren+Ryel · · Score: 0

    One of many. You should really read up on this stuff.

    OK. Go ahead, make a fool of me, show me 5 RFCs that have achieved STD status that contain not-free-to-implement technology.
    Hell, show me ONE.

    Whatever.

    Yes, just like my teenage daughter - when faced with the failure of your own logic, just pretend not to understand and dismiss it with "whatever."

    --
    When information is power, privacy is freedom.
  148. Tinkering with words by boorack · · Score: 1

    It seems to boil down to definition of openess. That is "open" ? And this is not a " what is 'is' " type of question - this is relevant.

    For me "open format" means being able to adopt, interoperate or reimplement format without unnecessary hurdles of any kind and then use it without restrictions. Open source or not. It's not just lack of documentation that limits openess. Other problems might be: too much documentation (eg. CORBA), patents or vendor changing format too frequently, lack of useful reference implementation etc. From this point of view H.264 is not open regardless how fancy documentation they provide and how many chairmen their standardizing commitee consisted of.

    Open source happens to be a pretty good benchmark of openness. Usually when it is possible to implement an open source implementation of a format and use it without restrictions, it may be considered as open. Unfortunately, latest Oracle/Java fiasco somewhat blurs this distinction.

    Also, it's funny to see how big business is trying to redefine "openess" to fit their agendas. With all this OpenXML, OpenJDK and other encumbered crap with "Open" in its name, corporations succeeded in creating such a mess in what open means, that Mr. Goebbels should be proud of.

  149. Re:excuse me by rubycodez · · Score: 1

    wrong, proven many times open source creators and users can flex their muscle and make a dent in the big corporations budget and way of doing things. We've done it before and we should try it with this video standard. We will make the definition of "reasonable", we've done it before and we can do it again.

  150. Re:excuse me by Tom · · Score: 1

    You are arguing idealistically. The current use of the word in this context is exactly as I described. You can dislike it and wish for a change, that's fine. But you need to be truthful and accept that it makes you the one who is doing a re-definition.

    I'm not saying your ideals are wrong. But if you want to change the world, do say that you want to change the world, and not that your vision of its future is reality already.

    --
    Assorted stuff I do sometimes: Lemuria.org
  151. Re:excuse me by Random+BedHead+Ed · · Score: 1

    Yeah, that was kinda my point. Before software patents, any fully documented software was by definition "open" in the sense that you could imitate or interoperate with it freely. Post-patents, it's hard to call some of the more encumbered software "open" when the threat of litigation hangs over it. Thus has the meaning of the word shifted when applied to software. It is not because the people who use the word have grown lazy about using it with precision, but that the landscape has moved beneath us, and the way we talk about it has changed.

  152. Re:H.264 business model incompatible with FOSS, we by Chuck_McDevitt · · Score: 1

    By open source, you mean GPL? Yes, GPL forbids usng patented ideas, but not all open-souce liceneses do.

  153. Re:H.264 business model incompatible with FOSS, we by kripkenstein · · Score: 1

    You are correct, I should have been more clear.

    It is at odds with the GPL, MPL, etc., and for that matter the DFSG, and even the W3C. That makes it unusable for the open web IMHO.

  154. Re:excuse me by Jah-Wren+Ryel · · Score: 0

    OK. Go ahead, make a fool of me, show me 5 RFCs that have achieved STD status that contain not-free-to-implement technology.
    Hell, show me ONE.

    Hah. Hey dipshit who modded my post down - how about you prove me wrong instead of resorting to the cowardly "overrated" mod that doesn't risk getting caught in meta-mod?
    Oh, that's right - you can't because none of the RFCs that have come out the other side of the standards track contain licensing requirements.

    --
    When information is power, privacy is freedom.