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MPEG LA Attempts To Start VP8 Patent Pool

Confirming speculation from last year, an anonymous reader tips news that MPEG LA has posted a request for information about establishing a patent pool for the VP8 video codec. "In order to participate in the creation of, and determine licensing terms for, a joint VP8 patent license, any party that believes it has patents that are essential to the VP8 video codec specification is invited to submit them for a determination of their essentiality by MPEG LA’s patent evaluators. At least one essential patent is necessary to participate in the process, and initial submissions should be made by March 18, 2011. Although only issued patents will be included in the license, in order to participate in the license development process, patent applications with claims that their owners believe are essential to the specification and likely to issue in a patent also may be submitted."

186 comments

  1. Evil & good by ivucica · · Score: 2

    Ultimately evil, this will at least provide a list of patents that threaten VP8.

    1. Re:Evil & good by petermgreen · · Score: 5, Insightful

      There are a few possible outcomes of this

      1: nothing comes of it, either noone has a patent that they can reasonablly claim is essential for VP8 or those that do either want VP8 to stay open or want to continue holding their cards close to their chest.
      2: Google looks at the patents and claims they don't actually apply to VP8 at which point a standoff ensues until a court rules on the issue.
      3: Google looks at the patents, decides they do indeed cover VP8 and designs VP9 specifically to avoid them.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    2. Re:Evil & good by Anonymous Coward · · Score: 1

      4. Google looks at the patents, decides they do apply, and offers to buy up the patents?

    3. Re:Evil & good by commodore6502 · · Score: 1

      #1 can be struck. Even if somebody like MS doesn't hold a VP8 patent, they'll claim they do simply to suppress VP8.

      #2 is the most-likely outcome. Fight; fight; fight.

      #3 would be bad for google. By the time VP9's specs were established, tested, and released, MPEG4 would be public domain and be an open-source codec itself. (Hence no need for VP9.)

      Another alternative:
      #4 People will decide this isn't worth the fight, use neither of these two battling codecs, and instead use the soon-to-be public domain MPEG2. (That's basically what happened in the SA-CD vs. DVD-audio war - both lost and people went to free downloadable MP3s instead.)

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    4. Re:Evil & good by omnichad · · Score: 2

      Umm....what? MPEG-2 can't stream any decent video at an Internet-friendly bandwidth. DVD isn't even HD and it takes 6 megabits to look halfway decent.

    5. Re:Evil & good by sxpert · · Score: 1

      which is where FTTH comes in... plenty of bandwidth for your mpeg2

    6. Re:Evil & good by mysidia · · Score: 1

      3: Google looks at the patents, decides they do indeed cover VP8 and designs VP9 specifically to avoid them.

      Meanwhile.... VP8 loses credibility, and people move back to AAC before Google can finish work on VP9?

    7. Re:Evil & good by SuperQ · · Score: 2

      4: Google files extortion lawsuit against MPEG-LA

    8. Re:Evil & good by hazydave · · Score: 0

      #1 is unlikely. If a patent holder wants to keep VP8 free, they admit their patent, then grant the VP8 project a free perpetual license. That might be a good thing, simply because it might superceed other, similar claims. And as well, if they don't come forward, they could in the future be held by a court to have abandoned their patent in this case.

      --
      -Dave Haynie
    9. Re:Evil & good by wagnerrp · · Score: 1

      Wait, what? VP8 is a video codec. AAC is an audio codec. You can't abandon one in favor of the other.

    10. Re:Evil & good by hazydave · · Score: 1

      The internet is getting faster all the time. At its best, AVC has about twice the coding efficiency of MPEG-2... so you need 3Mpb/s VBR to look about as good as your DVD at 6Mb/s VBR. But bitrates don't need to scale as resolutions increase. For example, broadcast MPEG-2 in HD is at 19.4Mb/s or less, CBR, for 6x the resolution of that DVD. Most online AVC video is in the 2-4Mb/s range, which means MPEG-2 could look similar at twice that, whatever the resolution. People are even paying real money for things like NetFlix steaming "HD", which is only 720p at 2.8-3.6Mb/s VC-1 (WMV9), slightly less efficient than AVC.

      So no, MPEG-2 isn't useful for Blu-ray quality streaming online. But almost no one's very close to that, even with AVC, VC-1, and VP8 options. It's easy to believe that, in a few years, MPEG-2 will be usable for this same kind of limited quality online video. If it needs to... I don't think it gets much support if there's a better free alternative. But in the worst-case patent wars, maybe. Or maybe it's VP3 or MPEG-4 ASP rather than AVC or VP8. That would depend on the specifics of any ensuing legal battle.

      It's also worth pointing out, as someone mentioned, that it's quite possible Google could just buy any patent they can't invalidate... depends on who's got it and how greedy they are.

      --
      -Dave Haynie
    11. Re:Evil & good by commodore6502 · · Score: 1

      >>>MPEG-2 can't stream any decent video at an Internet-friendly bandwidth.

      Neither can VP8. (bah Dah dum). Thank you, thank you, I'm here all week. ;-)

      But seriously: I disagree. ABC's HD stations stream two HDTV channels at just ~7 Mbit/s using MPEG2. The quality looks good to me, and would fit down my DSL.

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    12. Re:Evil & good by Anonymous Coward · · Score: 0

      At its best, AVC has about twice the coding efficiency of MPEG-2... so you need 3Mpb/s VBR to look about as good as your DVD at 6Mb/s VBR.

      Wrong. I have encoded 720p videos ranging from anywhere between 1.3Mbps to 2Mbps that look far, far superior to any DVD.

    13. Re:Evil & good by commodore6502 · · Score: 1

      Also worth noting the second half of point #4... SA-CD vs. DVD-audio war - both lost and people went to free downloadable MP3s instead.

      People eschewed quality (surround sound SACD or DVD-A) in favor of plain-jane stereo MP3 that sizzles due to compression. I wouldn't be surprised if they did the same thing with MPEG2, choosing it because it's free-of-charge, and not waste time with the VP8 or MPEG4 codecs that never seem to work.

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    14. Re:Evil & good by Schemat1c · · Score: 1

      ...like NetFlix steaming "HD",

      Seems like most movies I watch these days are in the "steaming" category.

      --

      "Nobody knows the age of the human race, but everybody agrees that it is old enough to know better." - Unknown
    15. Re:Evil & good by EdZ · · Score: 1

      5: VP8 patent pool is created, both VP8 and h.264 patent pools are simultaneously challenged (due to sharing many underlying basic features) and said challenges succeed, everyone switches to h.264 as the technically superior codec once patent encumbrance is eliminated as a factor. And monkeys will fly out of my ass.

    16. Re:Evil & good by mug+funky · · Score: 1

      mp3 has been mature for a long time, and it's been a while since i heard any "sizzle".

      the portable music revolution (that really started in the 80s with the walkman) limits any popular formats to 2 channels.

      and when we're comparing 24/48 or 2.42mhz, suddenly 16/44.1 sounds pretty much the same to any listener who is honest with themselves.

      also, h.264 will always scale better than mpeg-2 on account of the varying block sizes.

    17. Re:Evil & good by Anonymous Coward · · Score: 0

      Wrong. I have encoded 1280p videos ranging from anywhere between 10Mbps and 15Mbps that looks far, far worse than any VCD.

    18. Re:Evil & good by Anonymous Coward · · Score: 0

      You must not know how to encode then.

    19. Re:Evil & good by semiotec · · Score: 1

      hah, that's the point. a single person's experience doesn't mean a lot.

    20. Re:Evil & good by del_diablo · · Score: 1

      I read the WebM license, all google need to do is to go to court case against WebM patents, and BAM, they are invalid :P
      That is part of the genius of the license, if I remember it correctly.

    21. Re:Evil & good by Anonymous Coward · · Score: 0

      Yes because surely none of those huge corporations that invest millions into video streaming services would be capable of such a thing.

    22. Re:Evil & good by commodore6502 · · Score: 1

      (whoosh)

      The point is that, circa 2000, consumers had a choice between Super High Quality audio formats (SACD/DVD-A) and poor-quality MP3s squeezed down to 32k or 64k to fit in tiny, primitive 5 GB players. They chose the poorer quality, and the high-quality formats became as irrelevant as Betmax.

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    23. Re:Evil & good by commodore6502 · · Score: 1

      You're both wrong.

      ABC's HD stations stream two HDTV channels at just ~7 Mbit/s using MPEG2. The quality looks great.

      --
      Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    24. Re:Evil & good by Kagetsuki · · Score: 1

      You had me going there for a second.

    25. Re:Evil & good by Anonymous Coward · · Score: 0

      That would be nice, fuck the MPEG-LA

    26. Re:Evil & good by Anonymous Coward · · Score: 0

      yes because surely huge corporations always do the most sensible and customer-centric things. Look at Amazon VOD, 2 GB for a 90 minute movie, and quality is still ... so so.

    27. Re:Evil & good by Anonymous Coward · · Score: 0

      4. MPEG-LA continue its FUD, collecting $ without giving a list of patent.

    28. Re:Evil & good by DaVince21 · · Score: 1

      Who's Noone?

      --
      I am not devoid of humor.
  2. /. News Networks by Even+on+Slashdot+FOE · · Score: 1

    Corporations collaborate to create a new wall to bar entry into the video codec arena. A surprisingly number of obvious implementations will be covered by at least one of the VP8 patents, and the judges chosen to try the cases will not have a clue how either video codecs or patents work.

    1. Re:/. News Networks by denis-The-menace · · Score: 2

      And the judges will live in Texas, the IP wonderland of the USA.

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
    2. Re:/. News Networks by cforciea · · Score: 1

      Not just Texas. There are, in fact, a few of us that have risen from savagery and become civilized here. They live in backwoods East Texas, which has much more in common with the folk in the swaps of Louisiana than us city folk in big Texas cities where our judges might have half a chance in hell of knowing what a video codec is.

    3. Re:/. News Networks by Requiem18th · · Score: 1

      ...and beyond, I consider the extended territory the new nation of Usptostan.

      --
      But... the future refused to change.
  3. VP8 Patent Pool and Licensing by VGPowerlord · · Score: 1

    OK, so I'm sure everyone knows VP8 is the video codec for WebM.

    So, this is essentially a step in killing WebM's major advantage over H.264? That advantage being a royalty-free codec...

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    1. Re:VP8 Patent Pool and Licensing by Anonymous Coward · · Score: 0

      OK, so I'm sure everyone knows VP8 is the video codec for WebM.

      So, this is essentially a step in killing WebM's major advantage over H.264? That advantage being a royalty-free codec...

      they're going to try to, problem is I'm pretty sure that google thought of this when they bought On2 and has been carefully researching to make sure that it doesn't infringe on any patents they don't own.

    2. Re:VP8 Patent Pool and Licensing by fusiongyro · · Score: 1
    3. Re:VP8 Patent Pool and Licensing by hedwards · · Score: 1

      Which is virtually impossible, but I'm going to wager that they've got patents to cover everything that VP8 does. As in all the VP6 patents plus all the ones for whatever they added. Which doesn't necessarily mean that they're safe, but I'm guessing they have enough of a war chest of patents to smack anybody foolish enough to try and claim infringement.

    4. Re:VP8 Patent Pool and Licensing by dzfoo · · Score: 1

      Your comment assumes that there are no external patent claims or that any provided would have no merit. If VP8 is indeed encumbered by third party patents--and they can prove it--wouldn't you agree that WebM has then no advantage over H.264 by essentially becoming a legal liability to its users?

      Now, I emphasize that those are the conditions of the argument, not facts. However, having Google on one end claiming that the there are no patents encumbering VP8 is still not a fact, and does not prove it either way.

      If MPEG LA is able to find any patent holders with claims on VP8 technologies, then it would mean that Google was wrong in its assertion. If they cannot, then VP8 should remain untarnished and its merits and advantage vindicated.

      So, this is essentially a step in killing WebM support if indeed there are patent claims against it.

                  -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    5. Re:VP8 Patent Pool and Licensing by Sarten-X · · Score: 1

      The small faint glimmer of hope that I still hold wants Google to use this pool as a shopping list.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    6. Re:VP8 Patent Pool and Licensing by Anonymous Coward · · Score: 0

      Patent claims.... is not the same as *valid* claim... A 5+ year court battle with Mblh (Mega billable legal hours) will be required to determine that.

      Only lawyers will win.

    7. Re:VP8 Patent Pool and Licensing by HermMunster · · Score: 1

      I would agree that Google knows precisely which, if any, patents they may even remotely infringe. A question that comes up in my mind is whether MPEG-LA, or anyone else, has gone to Google informing them of infringements while demanding royalties. In other words, could they claim willfulness?

      Given On2's history they have shown a high degree of integrity and willingness to research and implement their technology in such a way as to be unencumbered.

      The member companies of MPEG-LA may have other patent issues to deal with if they begin pressuring Google, and their allies. Don't be too shocked if a patent war breaks out where some big guns come to the table against MPEG-LA.

      This is clearly a case where MPEG-LA is using this as FUD to destroy any confidence the industry may have in their competition.

      --
      You can lead a man with reason but you can't make him think.
    8. Re:VP8 Patent Pool and Licensing by Anonymous Coward · · Score: 0

      Ignoring if VP8 is patent-encumbered, the funniest part is that any company that's proceeding with this litigation will effectively be banned from using Android, or at least will be required to remove all references to the VP8 codec lest they themselves are sued for using VP8 without a license. The license indicates everyone is free to use the VP8 codec... except if you sue for issues related to VP8.

    9. Re:VP8 Patent Pool and Licensing by Pinky's+Brain · · Score: 1

      Dark Shikari did not actually research the patents and prior art on the technology he claims is patented. Now honestly to do that thoroughly is probably weeks of work, so I wouldn't expect him to ... but I would expect him to be a bit more careful with his words.

    10. Re:VP8 Patent Pool and Licensing by Anonymous Coward · · Score: 0

      Given On2's history they have shown a high degree of integrity and willingness to research and implement their technology in such a way as to be unencumbered.

      For some reason this fact doesn't seem to get more attention. On2 is the company who made VP6, *the* Flash video codec before Adobe added H.264 decoding. No one ever made a squeak even though there was good money to be made.

      On2 makes codecs unencumbered by outside patents and hasn't been sued into the ground, Dark Shikari implements H.264 completely ignoring patent problems, MPEG LA pool or otherwise. Why do we only ever hear of what the later thinks about bloody patent issues?

  4. Might be a bluff, otherwise we've a lot of work by ciaran_o_riordan · · Score: 5, Insightful

    There have been previous threats about Theora, but nothing happened. This could be FUD bluff too.

    MPEG LA has over 1,000 patents which it says are needed for an implementation of MPEG H.264.

    Most current efforts around software patents talk about quality and bad patents, but none of those efforts will make a dent on a thicket of 1,000 patents. It's unlikely they're all obvious or that prior art exists for them.

    * http://en.swpat.org/wiki/MPEG_LA
    * http://en.swpat.org/wiki/WebM_and_VP8
    * http://en.swpat.org/wiki/Audio-video_patents

    There was a time when the problem was killer patents - RSA, public key encryption, gif - but today the problem is always thickets. Raising quality won't solve the problem, we need to clearly exclude software from patentability.

    1. Re:Might be a bluff, otherwise we've a lot of work by One+Louder · · Score: 2

      There have been previous threats about Theora, but nothing happened. This could be FUD bluff too.

      One interesting difference here is that they're going up against someone with deep pockets. If they can't find something substantive, MPEG-LA is risking a "slander of title" claim, and Google might consider making an example of them.

    2. Re:Might be a bluff, otherwise we've a lot of work by silanea · · Score: 1

      From what I have read about the issue it is my understanding that most patents in the media codec area are somehow extensions or refinements of other patented methods. Which would mean that instead of 1,000 individual patents one would be looking at a card house of legal technicalities that would fold if the fundamental patents everyone else built upon were invalidated. Could someone in the field comment on whether that really is the case?

      --
      Rudolf Hess edited Mein Kampf. He was the very first grammar nazi.
    3. Re:Might be a bluff, otherwise we've a lot of work by yuhong · · Score: 1

      Don't kill software patents just to use H.264 though. Kill software patents because it is ridiculous that an algorithm is patentable just because it executes on a computer.

    4. Re:Might be a bluff, otherwise we've a lot of work by Anonymous Coward · · Score: 0

      Not so, some random fundamental patent being invalidated doesn't do anything about the validity of refinements.

      E.g. I patent "A red bike", later you patent "A red bike WITH A SPOILER". It's subsequently found that red bikes were obvious, previously published, or otherwise unpatenable. This doesn't mean that the addition of a spoiler wasn't a worthwhile and patentable enhancement. You'd have to evaluate the spoiler patent on its own.

      The reason that the H.264 patents are almost all no issue for VP8 is that there is a constant tension between making a patent easy to get and enforce by making it specific and making it general enough that someone might actually infringe it.

      For patents created in the process of developing a standard codec the patent doesn't need to be general at all. Instead the patent describes _exactly_ what the codec _requires_, and you can be sure that everyone will implement it just so because they must in order to inter-operate with the standard. This way the patent is very safe from invalidation so it's cheap to enforce, and it's much easier to get it through the USPTO process. It won't, however, read on another codec that differs even in small ways so long as the authors were careful to avoid the patents. It's often as simple as changing the order of two fields in the bit-stream to avoid several patents at once.

      There are, of course, a few more fundamental patents. But these have increased vulnerability to invalidation so no one is eager to try enforcing them, and the folks at google (formerly On2) have been making video codecs commercially for something like 20 years, their codecs are on hundreds of millions of devices, without any known litigation against them or their customers for patent infringement. So It's safe to say that they know more than a little bit about playing this game.

    5. Re:Might be a bluff, otherwise we've a lot of work by SuricouRaven · · Score: 1

      Theora never had the backing from a major player that it would have needed to be considered a threat. WebM has Google, which means it it worth noticing. In deciding which standard will dominate (and not just in video), marketing and endorsements matter more than which is superior.

    6. Re:Might be a bluff, otherwise we've a lot of work by wilsone8 · · Score: 2

      Don't kill software patents just to use H.264 though. Kill software patents because it is ridiculous that an algorithm is patentable just because it executes on a computer.

      I never understood this one. If anything, clever algorithms should be the ONLY software I am allowed to patent (one-click is not clever, GIF's compression was). These people worked hard to come up with a novel idea that they then want to make money from. What is wrong with that exactly? Why SHOULDN'T they be able to patent them? We let people patent novel ways of building a mousetrap. If my mousetrap is virtual, why is that any different?

      --
      The real problem is not whether machines think but whether men do. - B.F. Skinner
    7. Re:Might be a bluff, otherwise we've a lot of work by gnasher719 · · Score: 1

      From what I have read about the issue it is my understanding that most patents in the media codec area are somehow extensions or refinements of other patented methods. Which would mean that instead of 1,000 individual patents one would be looking at a card house of legal technicalities that would fold if the fundamental patents everyone else built upon were invalidated. Could someone in the field comment on whether that really is the case?

      That isn't true at all. Let's say X is patented, and it may or may not deserve that patent. It may be really too obvious for a patent, for example. I invent Y, which is an improvement on X, and get a patent. That means my improvements over X were worth a patent. It doesn't matter what X itself is worth. If you manage to invalidate X, then my improvements over X are still the same as they were before, and they deserve or don't deserve a patent, totally independent from X.

    8. Re:Might be a bluff, otherwise we've a lot of work by hazydave · · Score: 1

      Yes, that's exactly right. A patent is supposed to be for a specific implementation, not a general idea. The highly paid patent attorneys like to write patents in very complex language that seems to be very specific during the review process, but then naturally reads on everything once the patent is granted.

      The process of building these new specs, however, tends to avoid that. As A.C. up there points out, the goal is a reproducible spec, and it's at least possible the work that got that patent was intended specifically to get into the new spec, so it's very specific to that project (AVC, AAC, whatever).

      A slightly different spin derives from the very fact that this kind of spec creation maximizes the number of patents that go into the spec. These are not organically created specifications, it's every interested party trying to get their two cents in. So the patents are sometimes silly -- they are often doing regular things in obscure ways, just to get the patent. You need that patent to build a compatible encoder/decoder/whatever, but you don't need it to do the same kind of thing in an incompatible project.

      --
      -Dave Haynie
    9. Re:Might be a bluff, otherwise we've a lot of work by hazydave · · Score: 1

      Or how about enforcing actual patent law. Algorithms are not patentable. Only implementations. One of the big problems is that patent cases seem to accept overly broad claims, rather than very strictly reading the claims, as embodied in the actual implementation, on any potential violator.

      --
      -Dave Haynie
    10. Re:Might be a bluff, otherwise we've a lot of work by AvitarX · · Score: 1

      I think the argument is essentially that algorithms are math, and have always existed. They are discovered, not created.

      Just as we cannot patent a naturally occurring chemical that gets discovered, we cannot patent an algorithm that gets discovered.

      Additionally, the virtual mouse trap is far cheaper to build, rebuild, refine etc.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    11. Re:Might be a bluff, otherwise we've a lot of work by zeroshade · · Score: 1

      Because you shouldn't be able to patent an Idea, only an implementation. Patent the specific implementation of an algorithm that GIF uses. Not the algorithm itself.

    12. Re:Might be a bluff, otherwise we've a lot of work by Anonymous Coward · · Score: 0

      MPEG-LA is risking a "slander of title" claim

      No, they're not. To me this looks like a genuine "don't be evil" move worthy of great minds: either no claimants (?) step forward, in which case WebM can really be considered unencumbered because of the Laches doctrine. Or some patents are brought to the table, in which case they will be evaluated by the LA (and by Google for sure) on merit. The slander of title claim may be brought by Google against organizations that bring forth patents that do not apply (they'd have a hard time proving that though), but not directly against the MPEG-LA.

      Either way, this will clear up any FUD-shroud hanging over WebM.

  5. Re:Does This Even Matter? by Anonymous Coward · · Score: 0

    You don't seem to understand opensource and how this violates the spirit of opensource.

  6. Dilute your patent with MPLA by Anonymous Coward · · Score: 5, Interesting

    If you think you have a patent to use against Vp8, signing it over to MPEG-LA is the last thing you should do. Look at their other pools, the few good patents are swamped by the dross. The earnings from your patents get shared with troll patents of no value.

    Even the CEO of MPEG-LA HAS A SEPARATE patent pool all for himself largely undiluted? His MobileMedia Ideas LLC, is like a patent pool, only he's bought patents and controls the pool.

    If he won't throw those patents into the diluted pool, neither should you.

    http://www.osnews.com/story/23258/MPEG-LA-owned_Patent_Troll_Sues_Smartphone_Makers

    1. Re:Dilute your patent with MPLA by Anonymous Coward · · Score: 0

      What patent pool are you suggesting that MobileMedia Ideas should join? They aren't suing over video codec standards like MPEG2, VC1, H264, or any of the other patent pools that MPEG-LA operates. It doen't make any sense for them to be part of those pools, and probably would be accepted if they applied. They are a patent troll for sure, but I don't see how their behavier discredes the idea of patent pools. No one should be surpised that licenseing H.264 doesn't also protect them from patent lawsuits unrelated to H.264.

    2. Re:Dilute your patent with MPLA by dch24 · · Score: 1
      What was your point again? Did you really want to discuss alternative patent pools?

      What patent pool are you suggesting that MobileMedia Ideas should join?

      Fine then, let's discuss alternative patent pools. Oh, wait:

      blah blah blah ... suing ... blah blah blah ... other patent pools that MPEG-LA operates ... blah blah blah ... I don't see how their behavier [ed: lol] descredes [ed: rofl] the idea of patent pools ... blah blah blah ... doesn't also protect them ...

      Never mind. Your non sequitur spouting of MPEG-LA propaganda is too much. I can't stop laughing.

    3. Re:Dilute your patent with MPLA by horza · · Score: 5, Insightful

      It is surprising to me, and a sign that MPEG-LA has thrown in the towel and this is a last desperate throw of the dice for H.264. I expected MPEG-LA to be extolling the virtues of H.264 such as better quality and lower bit rates, large amounts of established hardware encoders and decoders, etc. By trying to now establish a VP8 patent pool they are telling the world at large that WebM is just as good as what they have. As it's patent free, with a current patent pool of 0, it looks like WebM might move from the web world into the consumer device world too.

      Phillip.

    4. Re:Dilute your patent with MPLA by digsbo · · Score: 2

      By trying to now establish a VP8 patent pool they are telling the world at large that WebM is just as good as what they have.

      In addition, they're telling the world they're not going to be extending the royalty free-period on H.264 beyond the ten year period already established.

    5. Re:Dilute your patent with MPLA by Zelgadiss · · Score: 1

      Or they can just make decoding for internet streaming royalty free forever.

      That will solve everything, and everyone can move on with their lives.

      They lose a bit of income, but they still make tons from everything else, decoding for other applications and encoders.

      It's the logical thing to do. /sigh

    6. Re:Dilute your patent with MPLA by zeroshade · · Score: 1

      How does making decoding for internet streaming royalty free forever "solve everything"? It still will not be royalty free to write an encoder, yet WebM encoders will be freely implemented.

    7. Re:Dilute your patent with MPLA by pavon · · Score: 1

      Hi, I was the one who posted comment #35176356 (while at a public terminal).

      The OP was the non-sequitur. He is arguing that the CEO of MPEG-LA doesn't put the MobileMedia Idea patents into the MPEG-LA patent pool because he knows they are worthless and diluted. However, none of the patents that MobileMedia are trolling fit within the realm of the MPEG-LA patent pools, so he couldn't put them into the pool if he wanted to. Thus it is a completely invalid argument.

      I don't support the MPEG-LA (look at my previous posts if you care). I just point out BS when I see it, whether it's for my side or not.

    8. Re:Dilute your patent with MPLA by timster · · Score: 1

      Yeah, the royalty-free period on h.264 was already extended to forever. Still only applies to certain uses though (as always).

      --
      I have seen the future, and it is inconvenient.
    9. Re:Dilute your patent with MPLA by Anonymous Coward · · Score: 0

      Or it's a good way to milk Google for lots and lots of money.

    10. Re:Dilute your patent with MPLA by Anonymous Coward · · Score: 0

      No, the OP was arguing that if the CEO of MPEG-LA himself doesn't believe in a diluted patent pool, like the one they are attempting to create to use against VP8, then neither should anyone else. In other words, the OP was pointing the hypocrisy behind the move of creating a patent pool, not the creation of this specific VP8 patent pool.

    11. Re:Dilute your patent with MPLA by Zelgadiss · · Score: 1

      It will solve the HTML5 mess for one.

      That's enough for me, beats the current deadlock.

      Mozilla and Opera will be able to create decoders for their browsers, people who were concern about video quality will be satisfied.

    12. Re:Dilute your patent with MPLA by thegarbz · · Score: 1

      By trying to now establish a VP8 patent pool they are telling the world at large that WebM is just as good as what they have.

      Don't confuse business decisions and quality. The two have nothing to do with each other. Google's VP8 codec could be far worse than it already is and they would still make this move because of the intense push against their format. This is about protecting income not because of a better product, but because some other companies are tied of their shit.

    13. Re:Dilute your patent with MPLA by Shin-LaC · · Score: 1

      By trying to now establish a VP8 patent pool they are telling the world at large that WebM is just as good as what they have.

      Non sequitur. Google's campaign is not based on VP8 being as good as H264, but on it being "patent-free". MPEG-LA is just telling the world that the choice is not between a better, but patent-encumbered codec and a worse, but patent-free one; it is between a better codec with a known licensing model, and a worse one whose patent status is simply unknown - and they're looking into it.

    14. Re:Dilute your patent with MPLA by zeroshade · · Score: 1

      In order for Mozilla and Opera to be able create decoders for their browsers, not only do they need to make decoding for internet streaming royalty, but they would also have to make distributing the decoder free.

      The HTML5 mess can be easily solved by using WebM because it is royalty free and can be used as a lowest common denominator. If HTML5 must at least support WebM but gives the option to support others, then that should be good enough.

    15. Re:Dilute your patent with MPLA by Anonymous Coward · · Score: 0

      But they already have (for "Internet video free to end users" -- other uses were never royalty free).

  7. Good by Anonymous Coward · · Score: 0

    At least now we can start preferring quality (H264) over ?. The user wins.

  8. Re:Does This Even Matter? by dagamer34 · · Score: 4, Insightful

    Businesses don't care about open source. They care about patent liability. Using a codec that can get you sued isn't in their best interests.

  9. Unfortunately, patent holders have a veto by ciaran_o_riordan · · Score: 1

    The decision will be made by the distros.

    Patent encumberedness is what makes your legal department tell you a package can't be in the distro.

    Liking openness is a lovely discussion for Sunday afternoons.

    1. Re:Unfortunately, patent holders have a veto by hairyfeet · · Score: 1

      But, and just to be fair since nobody seems to believe the numbers unless it suits them, lets say 3% of the desktop/netbook/whatever are using Linux (/. reported it at 1% not to long ago, but we'll say 3%) that leaves another 97% that don't care and frankly don't have a clue about any of this crap for the most part, they just want the nice video.

      Now as we saw before with Vorbis free don't mean shit if the public and the OEMs don't hop on board and right now the smart money is on H.264 winning, probably by a lot. After all thanks to flash (which by dropping H.264 support in Chrome Google handed the win to) you can take a single video encoded once and simply serve it "raw" to iDevice users and add a flash wrapper to everyone else. Tada! I have 97% of the audience right there with minimal effort, probably closer to 100% because despite their bitching about the quality most Linux guys do have flash or gnash installed.

      This is of course not even counting the fact that all the device manufacturers have H.264 decoder chips that work real well, that WebM currently sucks more power from devices and more bandwidth for the same quality, and just like flash the H.264 software is mature and so easy to use your grandma could make H.264 videos.

      So I'm really sorry Linux guys, but if you want to win you need to get ahead of the game not to try to jump in years after the game has started and think you'll change things. Sorry but you ain't Apple and don't have that kind of pull, as Vorbis and Theora should have proven to everyone. If you want the next big thing (I'd vote on 3D, but it might be another fad, or maybe SuperHD 4k+ resolution) then you need to start NOW, as in right now. As it is you are fighting a battle that is pretty much already o over, the fat lady is down the street having a sandwich.

      Nobody is gonna give up their iShiny for "free as in freedom man!" and where Apple goes goes MSFT with a hearty "Me Too!" so unless Google thinks they can take over the desktop AND the mobile space (which from talking to retailers they think Android is gonna crash and burn thanks to all the CCC (Cheapo Chinese Crap) running older Android flooding the market and burning consumers) then this race like the race between AAC VS MP3 VS Vorbis is done over, sorry. I mean did you see people run away from Apple when they starting locking things down tighter than a nun's thighs? Hell no! If anything they sold MORE than ever! And unless Apple does a 180 and supports WebM (not likely in this universe) then its over, give it up.

      And while the distros can't legally install H.264 (I bet most do a "wink wink"let the user install codecs from countries that don't give a shit like Ubuntu does) what they CAN install is flash, as Adobe is happy to let anybody bundle flash with anything, which just proves my point: The future will be flash+H.264 thanks to Google trying to start another format war so soon after HD-DVD VS Blu_Ray. Nobody wants to go down that road again and H.264 has a hell of a lot less ? surrounding it, as TFA proves. Thanks to the USPTO handing out patents like beads at Mardi Gras I'm sure there is enough patents that even invalidated will tie WebM up in court until H.264 is PD, which by then who cares?

      --
      ACs don't waste your time replying, your posts are never seen by me.
  10. Looks like "legal racketeering" to me by dpilot · · Score: 5, Insightful

    Nice shiny-looking coded you've got there. It would be a pity of something bad were to happen to it. You know that you won't have to worry about any of these legal threats if you just license h.264, and it's just a small fee. For a short time, we've even waived the fee, just for you!

    I know what MPLA is doing is technically legal, but spiritually it's corrupt. The patent system is broken, from many directions. For the other way around, my employer is routinely trolled by NPEs.

    --
    The living have better things to do than to continue hating the dead.
    1. Re:Looks like "legal racketeering" to me by PHP+Wolf · · Score: 1

      Your employer is routinely trolled by NullPointerExceptions?

      --

      Double Compile

    2. Re:Looks like "legal racketeering" to me by YesIAmAScript · · Score: 1

      Yes, it is legal racketeering. There are patent trolls everywhere.

      MS saying that they wouldn't sue companies for shipping Android if they also ship some WP7 handsets? It's all over the place.

      MPEG-LA hasn't waived any fees for a short time. They still have the same fee schedule for H.264 as ever. It's free for some uses (and recently that period was extended to forever), but for many commercial uses it costs money and that's hasn't changed.

      --
      http://lkml.org/lkml/2005/8/20/95
    3. Re:Looks like "legal racketeering" to me by dpilot · · Score: 2

      I'm not sure if I have to say this, but "Non Practicing Entities", meaning companies that hold patents, but don't actually make anything related to the patents. For companies with patents, the normal way of things is to cross-license, because what they really want is freedome of action in making products. That's not the case for NPEs - they're just out to tap someone else's revenue stream. (The previous may be an unfair statement - maybe some of them actually are out to protect small independent inventors. Not the ones I've seen, though.)

      And perhaps you were just pulling my leg, in which case I grant you one free "Whoosh!"

      --
      The living have better things to do than to continue hating the dead.
    4. Re:Looks like "legal racketeering" to me by Skuto · · Score: 1

      You know that you won't have to worry about any of these legal threats if you just license h.264

      You think the MPEG-LA owns all the patents on H264? Really? Ask them if they can guarantee that the moment you put down your $$$.

    5. Re:Looks like "legal racketeering" to me by flimflammer · · Score: 1

      You mean yours isn't?

    6. Re:Looks like "legal racketeering" to me by initialE · · Score: 1

      Requiring you to license h264 is not about taking your money, I don't think it ever was, as I don't think they will ever require licensing fees to use it. Instead, it is a bid at telling you what you can or cannot do with the technology.

      --
      Starbucks, Harbuckle of Breath.
    7. Re:Looks like "legal racketeering" to me by dpilot · · Score: 1

      Absolutely. It's about control, not money. In the long run control is more valuable than short-term money.

      --
      The living have better things to do than to continue hating the dead.
    8. Re:Looks like "legal racketeering" to me by Anonymous Coward · · Score: 0

      They waived the fee forever, not "for a short time". But the license this freebiedom applies to is just the one Google is (and will be in a foreseeable future) using for Youtube videos. It doesn't apply to anything else. Browsers, for example, are not covered, and this could also be a reason for Google yanking MP4/AVC support from Chrome. It was never in the official Chromium for the same reason, long before VP8 even existed. Never ascribe to bravery that which is adequately explained by fear.

  11. Re:Does This Even Matter? yes it does by denis-The-menace · · Score: 4, Informative

    you either do not write codecs
    or
    you do not expect to be caught writing a H.264 codec.

    MPEG-LA is the patent troll/layer firm that wants to collect $ for Software Patents on mathematical equations that compresses bits of information that happens to be a video. If it can scare/threaten/sue people into buying a license to create/use/distribute a H.264 codec then they will have accomplish their goal.

    This WebM patent pool is a FUD tactic similar to MS' patents on Linux. You are free to create a WebM codec as much as you are free to write a Linux derivative. not so with H.264.

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  12. If by phantomfive · · Score: 1

    If I were evil, an evil of the variety that only lawyers can hope to attain, I would very much enjoy making THAT announcement. "The Googlers think they're getting around us with this? We'll stick it to the googles! We have ways......"

    --
    "First they came for the slanderers and i said nothing."
  13. Re:Does This Even Matter? by Omega+Hacker · · Score: 5, Interesting

    Dunno if you've ever actually read any MPEG specifications (I have), but the "open" standards process is not the best deal on the planet. Remember 802.11 "Draft N" and it's 5-year lifespan? That was a result of the standards process being held hostage by every vendor wanting to include their own pet features and patents. Constructing a standard around all those corporate filibusters took far too long, and the resulting standard is bloated and insanely complex. MPEG-4 and related (H.264 such) are stupidly huge standards that support all sorts of arcane features that nobody will ever use except as a) a marketing slide, and b) a patent to toss into the ring.

    As per your claim that "anyone" can contribute to the MPEG standards, have you looked at the list of people involved? Every one of them comes from a major vendor or "research" company (or their university proxies) and is paying stupid sums of money to join and attend (meets move all over the planet). The reality is that if I had an idea I wanted to propose for an MPEG standard, hell will freeze over long before I even get a hearing let alone add the feature. Google is far more likely to pay attention to their (codec-savvy) users' comments.

    I'll take unencumbered codecs with a single primary party keeping control over the standard every time.

    --
    GStreamer - The only way to stream!
  14. patent and copyright law in bad need of reform by Eravnrekaree · · Score: 5, Insightful

    Patents today are massively abused. Originally developed for the purpose of encourage innovation. tnhey actually squelch it. Many innovations improve on a previous idea. Patents make it difficult for independant developers to improve on and rrefine an idea. Patents have been turned in to a way to squelch independant innovation and create monopoliies, and stagnant technologies which are difficult to improve on or use independantly. Patent holders often charge licence fees so high they preclude independant use or refinement, make the technology too costly to deploy and limit its use, or they do not licence the technlogy at all, gaining a monopoly on ideas.

    Both copyright law and patent law badly need reform. Software patents need to be prohibited altogether. Other patents need to be required to be licenced to other persons, for a reasonable percentage of profits (if there is no revenue there would be no fee). Copyrighted works no longer under production or distribution will also be made public domain immediately and must comply with the same reasonable licencing requirements.

    1. Re:patent and copyright law in bad need of reform by omnichad · · Score: 1

      I agree that there needs to be reform, but I disagree that video compression algorithms shouldn't be patentable. The patent terms just need to be realistic with regard to how fast the industry moves. Not 15 years or something.

    2. Re:patent and copyright law in bad need of reform by horza · · Score: 1

      Mathematics has been around for quite a while now.

      Phillip.

    3. Re:patent and copyright law in bad need of reform by DCFusor · · Score: 3, Interesting
      Yes, for quite awhile now patents of all kinds (not only software) are used by the shortsighted large players to exclude any competition from smaller ones. The big boys make a show of suing one another, but then settle out of court with some cross license deal.
      .

      The net result is that they no longer have to do any real innovation, and simply fight over a slice of the existing pie, rather than make the size of the pie as a whole bigger. Sure, they hate one another, but they fear any outsider who might come along with something new. Such an outsider has no chance against them, as it costs $1-10 million and years in court to get even an obviously bad patent thrown out. Multiply that by the number of garbage patents the bigs hold and the situation is untenable for anyone new coming along with a great new thing.
      .

      Further, it's an assault on open source software, because those of us who write it cannot afford to defend against things like this, and it's almost impossible to write many lines of code without running afoul of some patent claim.
      .

      Even google is catching this from Oracle at this point, despite Oracle's frequent past urging for Java to go completely free. Now that they own it, it seems they believe that some patents give them the rights to anything running on a VM of any kind (look out .NET and Perl!).
      .

      We are witnessing the best law money can buy (surprised?) -- but it's not even the best law for those promoting it, because they are so shortsighted that they are actually going to create their own demise if they can't force this sort of thing to happen in every single country that has a market.. As one can see from the news, this is precisely what they are trying to do, and with some success.
      .

      The true corrosion comes when anyone small does do something truly nifty. This leverage by the bigs means they can simply steal the new stuff while bankrupting the originator over all the stupid patents the bigs own. This of course means there is no incentive for that small guy to do anything nifty and humanity stalls out.
      .

      It's hard to see how this system can be fixed in reality, as the bigs spend enough on politicians to perpetuate whatever they desire, and there's no reason to believe that throwing the bums out (as if we had a choice other than another set of bums) would do any good -- the new boss would wind up just like the old boss. It's the alternate version of the golden rule -- them with the gold make the rules. Where we failed is letting them get all the gold in the first place, now it's probably too late to do much of anything.
      .

      Too Big To Fail is a rotten concept, and if that is really true for absolutely any enterprise, it should be priority one worldwide to force those too big to fail to break up. Period. Not regulate how they act once that is true -- make it not possible to be true. But, as we say here, goodluckwiththat.

      --
      Why guess when you can know? Measure!
    4. Re:patent and copyright law in bad need of reform by Anonymous Coward · · Score: 0

      So have physics. Engineering a machine is pretty much just applied physics in much the same way that algorithms are applied mathematics. Why should one be patentable and not the other?

    5. Re:patent and copyright law in bad need of reform by Draek · · Score: 1

      Why? most other kinds of math aren't patentable, I don't see why this one should.

      --
      No problem is insoluble in all conceivable circumstances.
    6. Re:patent and copyright law in bad need of reform by omnichad · · Score: 1

      It's not the math itself, it's the particular implementation of it.

    7. Re:patent and copyright law in bad need of reform by Draek · · Score: 1

      Particular implementations are covered by copyright, not patents.

      --
      No problem is insoluble in all conceivable circumstances.
    8. Re:patent and copyright law in bad need of reform by zeroshade · · Score: 1

      Because you don't patent the idea of the machine you engineered, you patent the implementation of the machine. How to construct it. Algorithms are by definition an idea. Any specific implementation of an algorithm can be used in a product under which it can be protected via copyright. But you shouldn't be able to patent an idea.

    9. Re:patent and copyright law in bad need of reform by zeroshade · · Score: 1

      Patenting an algorithm is patenting the math itself, not a particular implementation. That is why software should not be patentable.

    10. Re:patent and copyright law in bad need of reform by Anonymous Coward · · Score: 0

      Patents were originally created to give monopolies to the Kings friends, who paid handsomely for the privilege. The purpose has always been to squelch invention and the resultant changes in society. Read some of the history of the concept. James Watt delayed the introduction of steam engines in England for 20 years. The Wright Brothers tried the same thing in the US, and were tied up in court for over 30 years. Same with TV at first. It didn't get free until the 1950's. Invented in the early 1930's.

    11. Re:patent and copyright law in bad need of reform by Requiem18th · · Score: 1

      I absolutely disagree that patents should cover independent and accidental discoveries. Its crazy that I can not use something I invented because someone else somewhere else invented something similar. We were better off in the time of guilds and trade secrets.

      --
      But... the future refused to change.
    12. Re:patent and copyright law in bad need of reform by Requiem18th · · Score: 1

      We shouldn't have left them get all the gold in the first place, but we were blinded by the shiny gold we imagined hoarding ourselves if we supported this system. Besides must of us are too stupid to think anything other than what our leaders say we should, whom we'll follow as long as they feed our prejudices and claim to fight the fears they sowed in us.
      .

      Why else did we ever allowed community, society and equality to become taboo words? Why else would we have taboo words anyway? And why oh why do you layout paragraphs like...
      .

      This?

      --
      But... the future refused to change.
    13. Re:patent and copyright law in bad need of reform by Anonymous Coward · · Score: 0

      Yeah, just imagine Pythagoras had thought of patenting all that stuff! The Greeks wouldn't be where they are now. And we wouldn't have to learn it because no school would be able to afford the fees.

  15. Re:Does This Even Matter? yes it does by Anonymous Coward · · Score: 1

    You forgot a choice: they do write codecs, and believe that paying a small fee to the people who came up with the algorithms is a whole lot easier and smarter than spending many years (like the patent holders did) trying to come up with other algorithms.

  16. Wrongness by cforciea · · Score: 1

    I grok wrongness.

  17. Re:Does This Even Matter? yes it does by mlingojones · · Score: 0, Troll

    You are free to create a WebM codec as much as you are free to write a Linux derivative. not so with H.264.

    I am "free" to implement either codec, no one can stop me. The issue is that with H.264 if I plan to distribute that implementation I must pay license fees to the patent holders.

    Both codecs are free in different ways. WebM is gratis; free as in beer; it costs no money to implement and distribute, but not to contribute to. H.264 is libre; free as in speech; you must pay to distribute an implementation, but anyone can contribute to the spec.

    Like I said, I think the ability to contribute the codec vastly outweighs the ability to implement it for free.

  18. Re:Does This Even Matter? by WankersRevenge · · Score: 1

    Hmm ... I challenge you to provide a feature to this "open" spec and see where that gets you. I'm guessing you won't be able to get past their spam filter. When they mean that anyone can contribute, they really mean "anyone with relevant patents" or "anyone with industry clout". To the everyday coder, this spec is just as closed as the Google spec.

  19. Re:Does This Even Matter? by rwv · · Score: 3, Informative

    H.264 is "open" like the Microsoft Open Office XML standard is open. There are bear-traps that can prevent you from using it successfully. In the case of OOXML, one of those bear-traps is requiring your documents to interpret "Proprietary Microsoft Binary Blobs".

    H.264, being patent protected, means that the patent holder reserve the right to say, "Go pound sand" when your five-year license expires.

    WebM is controlled by Google.... but Google has effectively put its patents into the public domain so that ANYBODY can implement a WebM/VP8 video codec.

  20. Legal Authority Question by Anonymous Coward · · Score: 0

    Since when does the MPEG LA have the legal right to form a pool around the patents?

    1. Re:Legal Authority Question by crmarvin42 · · Score: 1

      Since when does the MPEG LA have the legal right to form a pool around the patents?

      As soon as any holder of a patent that applies to VP8 decides that they want to join the MPEG LA patent pool.

      The right belongs to the patent holder, MPEG LA is just offering to help them monetize their rights. That's all MPEG LA ever does. They are a one stop shop for licensing patents in pools at "Fair and Reasonable Prices". Nothing stops a patent holder from excluding their patent from the pool and pursuing licensing deals, and lawsuits against all possible infringers on their own. It's just much easier to let MPEG LA handle all of the bloody details for a small cut of the profits from the patent.

      They are just a middle man. This is simply a solicitation to possible customers for their services. If no one bites, then nothing will happen and VP8 (WebM) will continue to be royalty free (unless individual patent holders decide to pursue action against Google on their own).

      I expect the patent pool to form, Google to get sued, and then Google to pay the licensing fees to MPEG LA out of their own pocket to make WebM truely royalty free for users. I don't think they are promising indemnification now becuase they want to keep the final bill as small as possible, and revealing their intentions would make final negotiations more difficult.

      Ultimately though, I don't care. Neither technology costs me anything (directly), in the handful of comparisons I've looked at H.264 trumps WebM, I've got a huge library of H.264 content already, and all of my hardware supports H.264 and not WebM. I'm not into technology for the ideology (that's why I'm into politics ;).

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    2. Re:Legal Authority Question by Anonymous Coward · · Score: 0

      That's because you are short-sighted and can only see short-term gains. Probably why you are into politics, even though you really shouldn't.

  21. Re:Does This Even Matter? yes it does by Anonymous Coward · · Score: 0

    You forgot a choice: they do write codecs, and believe that paying a small fee to the people who came up with the algorithms is a whole lot easier and smarter than spending many years (like the patent holders did) trying to come up with other algorithms.

    Way to miss the point about having a stranglehold on mathematical information. I bet you never met a fascist you didn't like and make apologies for.

  22. What the hell is this shit? by Anonymous Coward · · Score: 0

    They seem to be using their codec to get others to participate, which seems better than waiting to get sued, but that's for their own benefit. Do the MPEG LA want everyone else to do all their legal work for them in the guise of "participation"?

  23. Look at the Additional IP Rights Grant license by Anonymous Coward · · Score: 1, Insightful

    If you read the license of WebM Google already has a patent clause... For some reason in all the hurray that is something that is overlooked. There is also the false notion that Google would protect users against patent cases, that isn't the fact. Read the Additional IP Rights Grant (Patents) part of the license.

    http://www.webmproject.org/license/additional/

    From the moment anyone (doesn't need to the MPEG LA) somebody has a clear case of infringement you will loose all the rights and you have the same story as with h.264 as you will need to license... . I said it from the beginning and I say it again, this has nothing to do with patents, money (it is Google) or "don't do evil" (china) and in the long run the winner will be Adobe/Flash... .

    1. Re:Look at the Additional IP Rights Grant license by Anonymous Coward · · Score: 0

      You've misunderstood it. The licensee, and only that licensee, loses all rights forever if _they_ make any VP8 patent claim against anyone. E.g. No one that ever distributes VP8 can join this pool, because they can't actually assert their patents even if they do have a patent covering VP8. Google's patent grant is an enormous gift to the public because it not only protects google but it also protects everyone.

      Because of overall industry pressure most of the obvious big players have already distributed VP8 even if they don't realize it, and most of the rest will in the next coming years. So the only parties which could join this pool are non-practicing entities (patent trolls), because they're the only ones who can be sure they haven't relied on google's grant.

    2. Re:Look at the Additional IP Rights Grant license by John+Betonschaar · · Score: 1

      [quote]You've misunderstood it. The licensee, and only that licensee, loses all rights forever if _they_ make any VP8 patent claim against anyone.[/quote]

      The legalese in the VP8 licensing terms is pretty dense so I'm not pretending to be able to see it for what it's worth, legally, but the way I read it, it says something along the lines of 'if you facilitate any patent litigation suit against VP8 you will loose any right licensing or using it'. Signing a patent cross-licensing agreement with MPEG-LA to be able to continue selling your VP8-products when the shit hits the fan might very well constitute 'facilitation of patent litigation against VP8' since you'd be pretty much acknowledging VP8 infringes MPEG-LA patents if you did that.

      Anyway, the risks alone will prevent manufacturers from investing millions (if not billions) of dollars in VP8-based products anyway. Compared to just ponying up the H264 royalties and getting a better codec that is safe from patent claims in return, going the VP8 route makes no sense at all from a business point of view. Which is exactly why Google is acting royally stupid here, trying to force sub-standard technology under the pretense that it is 'free' and 'open', but not wanting to take responsibility for it when it turns out they are wrong.

    3. Re:Look at the Additional IP Rights Grant license by slimjim8094 · · Score: 1

      Google won't indemnify its users. That would be stupid - they could be out an unknown and tremendous amount of money if they did. That's not evil, that's "we would like to stay in a search engine business instead of being yanked under by a video codec"

      But they *have* done two things. They purchased On2, (presumably) went through, and said "you can all use these patents that we now own." They've also said "we think those are the only ones", which presumably the lawyers took a look at.

      This does a few things. A company like Google would be unlikely to lie - their lawyers won't really let them. It's worth noting that Google is using the software as well, in Chrome and Youtube, so they'd be impacted just as much as everybody else. That statement was almost certainly made in good faith.

      But more importantly, Google can't just change their mind. There's a legal concept called 'promissory estoppel' which basically means that you can't take it back if you gave your word that you wouldn't sue.

      So it stands to reason that: due to the patent grant, nobody else needs patents that Google doesn't, Google really does believe they don't need any licenses, therefore nobody else does. If Google and its many lawyers understand how patents work, that is

      None of this is any different for H264, by the way - at least to my knowledge. Somebody could come out of the woodwork with a hitherto unheard-of patent and "sink everybody's battleship", so to speak. I don't think MPEG indemnifies its users... they just say "I think we've got them all covered".

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    4. Re:Look at the Additional IP Rights Grant license by Anonymous Coward · · Score: 0

      Just as with h.264

      From the moment anyone (not the MPEG LA) has a clear case of infringement you will loose all the rights.

      The pool of sharks is somewhat bigger against VP8, but this public plea for submitting any patent against VP8 (however bad or insignificant :-) is an indication that the MPEG LA members don't have anything at hand, or they'd have seeded the pool with it already.

    5. Re:Look at the Additional IP Rights Grant license by zeroshade · · Score: 1

      H.264 is not safe from patent claims. If anyone outside of the MPEG-LA has a patent which covers H.264, you are not protected.

    6. Re:Look at the Additional IP Rights Grant license by SpinyNorman · · Score: 1

      Nope - HTML5 will kill Adobe/Flash. The future is in low power smartphones and netbooks and Flash is too inefficient. The future of web video is hardware accelerated HTML5 canvas, regardless of what CODECs dominate.

      I'd not be surprised to see video come with it's own Javascript based CODEC at some point in the future (thereby making the issue of a standard irrelevant) - I think we're already at the point where it's possible performance-wise.

    7. Re:Look at the Additional IP Rights Grant license by Anonymous Coward · · Score: 0

      Nope - HTML5 will kill Adobe/Flash. The future is in low power smartphones and netbooks and Flash is too inefficient. The future of web video is hardware accelerated HTML5 canvas, regardless of what CODECs dominate.

      Not sure what you are getting at. Are you saying they should convert every video into HTML5 canvas? Seriously?

      I'd not be surprised to see video come with it's own Javascript based CODEC at some point in the future (thereby making the issue of a standard irrelevant) - I think we're already at the point where it's possible performance-wise.

      A codec is an algorithm, regardless of whatever language in which you implement it. A browser-contained javascript codec will always be slower than a C-based codec. Just because things are getting fast enough doesn't mean it's a good reason t to do it. Efficiency is still important.

    8. Re:Look at the Additional IP Rights Grant license by SpinyNorman · · Score: 1

      Efficiency is only important when it's critical. Computers are so fast nowadays that saving every cycle is generally a waste of programming effort. With hardware acceleration and JVM/JIT advances the speed of a javascript codec doesn't need to be an issue - who cares if you could write a faster one in assembler if the javascript were fast enough?

      The strategic advantage of a video that comes with it's own codec is the big win - you can use whatever codec you like and have it accessible to anyone with a browser without needing to win any world-domination codec wars.

    9. Re:Look at the Additional IP Rights Grant license by Anonymous Coward · · Score: 0

      For some reason, I'm fine with this. All my devices have Flash support on them without needing to hack it, and (at least for video) run reasonably well. Even my old Pentium 3 (450MHz) runs reasonably well, albeit sometimes a little choppy (then again, DVDs are a little choppy on that computer)

    10. Re:Look at the Additional IP Rights Grant license by Anonymous Coward · · Score: 0

      Also, you're reading it wrong:
      "If you or your agent or exclusive licensee institute or order or agree to the institution of patent litigation against any entity" ... ", 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."

      If a company sues, the company and anyone funding / connected to the *entity that's suing*, will lose the VP8 license. If MPEG-LA decide to sue, then *EVERY* member company has lost the right to use VP8 from the date Google is sued. Any product that is still "on the shelves" using VP8 will now be illegal and must be pulled from the shelves or updated immediately to remove all traces of VP8.

      If Google uses VP8 exclusively for mobile, those manufacturers will *LOSE* Youtube. For those without Flash, they lose all mobile access to Youtube (as the integrated browser no longer play VP8). For some, that' a killstrike for your product.

      Even if Google loses the patent litigation and has to pay royalties, those who initiated the suing STILL lose access.

    11. Re:Look at the Additional IP Rights Grant license by Desler · · Score: 1

      That would be stupid - they could be out an unknown and tremendous amount of money if they did.

      But they've repeatedly stated that there are no patents that VP8 infringes so then they have nothing to lose if their statements are true. The fact that they don't indemnify users is a clear sign that the don't believe that themselves.

    12. Re:Look at the Additional IP Rights Grant license by butlerm · · Score: 1

      Signing a patent cross-licensing agreement with MPEG-LA to be able to continue selling your VP8-products...might very well constitute 'facilitation of patent litigation against VP8' since you'd be pretty much acknowledging VP8 infringes MPEG-LA patents if you did that.

      Nice theory, completely unsupported by any actual facts though. The pertinent language states:

      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 any implementation of this specification constitutes direct or contributory patent infringement, or inducement of patent infringement, then any rights granted to You under the License for this specification shall terminate as of the date such litigation is filed.

      Licensing a patent from someone else does not make you a party to their patent claims. If they win, do you share in the proceeds? Do you share in the legal costs if they lose? Their patent, not yours.

      The people at risk of losing a royalty free license to VP8 are those who make their own patent claims against VP8 or submit a patent that they own to a patent pool that does.

      In addition, do you read anywhere that Google is unwilling to license VP8 on royalty bearing terms to those who do not qualify for royalty free? If Apple wants a license to VP8 without withdrawing from the MPEG-LA patent pool, I am all too sure that Google will be happy to sell them one.

    13. Re:Look at the Additional IP Rights Grant license by slimjim8094 · · Score: 1

      You don't understand, well, anything about business. I could be in the business of giving puppies away, or hell a respected charity, and I'd *never* indemnify users. If I'm wrong, or even *found* to be wrong, I'd be completely fucked over for every single one of them. It's a bit different if you indemnify, like, 5 users. But if you indemnify *everybody* who's downloaded your codec, or something containing your codec, or something containing *that* - you could be on the hook for a flabbergastingly large amount of money.

      Remember - you don't even need to be infringing on a patent! We hear all kinds of nonsense all the time about people who vaguely violate one of the vague terms of a vague patent, and are found liable or settle.

      It's not only stupid business, it's just stupid. Regardless of how ironclad your investigation/belief/evidence is. It's the same reason I don't offer to pay the medical bill from anything that happens in my house, then invite millions of people over. Sure, I have no particular reason to expect that anything will happen - but I'd be screwed if one or two thousand people had expensive heart attacks, or million-dollar babies.

      Point is, Google would be making very very very weighty promises betting against future impact from organizations like patent trolls, courts, and the government. Just a tremendously bad idea.

      And if you don't think so, I give up.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  24. "slander of title" - sounds interesting by ciaran_o_riordan · · Score: 1

    > MPEG-LA is risking a "slander of title" claim

    Has that been used in the past against a patent holder??

    1. Re:"slander of title" - sounds interesting by One+Louder · · Score: 1

      Has that been used in the past against a patent holder??

      Not that I know of. "Slander of Title" is really a real estate law concept, however, SCO made an interesting attempt to use to enforce an alleged copyright claim. In their case, it turns out they didn't actually *have* the title they were claiming was being "slandered" by Novell. However, there really didn't seem to be anything fundamentally wrong with the reasoning - the consequences of claiming you own something you don't has substantial legal history behind it. In this case, it may actually require that MPEG-LA explicitly claim they "own" part of VP8, through a patent, in order to be actionable (assuming, of course, that the claim is false).

    2. Re:"slander of title" - sounds interesting by hedwards · · Score: 3, Interesting

      The answer is yes, I did find at least one instance, and according to the article it is possible to win such a suit. This charming lawsuit
       
       

      Chamilia’s slander of title claims also failed. Allegations of patent infringement can be slander of title if they are false, reasonably calculated to cause harm, and result in special damages.

      That's an excerpt from the article relevant to the topic.

  25. Re:Does This Even Matter? by MartinSchou · · Score: 2

    Using a codec that can get you sued isn't in their best interests.

    Since anyone can, will and have sued anyone and anything else over anything, it seems that you are proposing that noone ever user codecs?

  26. Re:Does This Even Matter? by fuzzyfuzzyfungus · · Score: 1

    There is also the fact that, coming from a position of relative weakness, and explicitly disclaiming any patents that need to be licensed in order to independently implement the spec, Google can write whatever spec they want; but they don't have very much leverage, which sharply limits their ability to piss people off.

    Neither they nor their users have an interest in an incompetent spec, so interests are aligned there; and were Google to somehow come up with a way to bake anticompetitive evil of some flavor into the spec, there would be absolutely nothing stopping everyone else from shrugging and continuing to use "WebM without 'mustdecodeat50%ofrealtimeunlessuserisrunningchrome' enabled"... They don't have any "hook IP" by which to enforce conformity.

    It remains to be seen whether they will gain enough traction for WebM to be relevant; but their unilateral spec is a long way from being dangerous at present...

  27. Re:Does This Even Matter? by gnasher719 · · Score: 2, Insightful

    H.264 is "open" like the Microsoft Open Office XML standard is open. There are bear-traps that can prevent you from using it successfully. In the case of OOXML, one of those bear-traps is requiring your documents to interpret "Proprietary Microsoft Binary Blobs".

    I'd call your comparison quite pathetic. h.264 is actually a useful standard. It provides a very, very clear specification for its compression and decompression, unlike WebM. It is widely used with a huge range of hardware implementations. It gives much better compression than WebM will ever have. It was created with the intention to produce the best possible video compression. From a technical point of view it is clearly superior to WebM, and Google is right now trying to force a sub-standard video compression onto the whole world. The OOXML standard, on the other hand, is ten times the size of the h.264 standard. It is full of bugs, unclear, unspecified in many areas, there are no implementations now and there will likely never be implementations (since Microsoft doesn't have any products that match this standard), and all these huge disadvantages are totally intentional.

  28. This is good! by Tim12s · · Score: 1

    This is good... no, its GREAT!

    This will produce a clear and decisive list of patents that must be challenged by VP8.

    The alternative is to produce an eco-system around VP8 which will be shattered and hung out to dry in 10 years time.

    -Tim

    1. Re:This is good! by Anonymous Coward · · Score: 0

      Or it will result in MPEG LA being able to say "All users of VP8 must pay royalties to us. By the way those royalties are bigger than H.264 which we would prefer you to use" if they manage to get some patents into the pool that VP8 won't be able to overcome.

    2. Re:This is good! by Anonymous Coward · · Score: 0

      It wont be decisive list. It is purely volentary to add your patent to this pool. Someone with a real showstopper could keep it a submarine patent and sue sepperately.

  29. Re:Does This Even Matter? yes it does by bonch · · Score: 0, Flamebait

    The WebM patent pool is not just FUD. One of x.264's developers wrote a technical analysis of WebM and determined that WebM was similar enough to H.264 to step on its patents.

  30. article 377 by tepples · · Score: 1

    I've read article 377 that you linked. But I've also read replies to that article, and it appears that the places where VP8 is allegedly inferior to H.264 main profile are precisely the places where On2 worked around a specific patent. That's why VP8 uses 4x4 and 16x16 blocks in a lot of places, as a lot of patents appear to be specific to the 8x8 transform size.

    1. Re:article 377 by LO0G · · Score: 1

      I'll be interested in seeing how that works out. Microsoft thought the same thing - they thought that an implementation which used a hash table to store compression data wouldn't infringe on a patent that used a binary tree to store compression data. 120 million dollars later, Microsoft was proven wrong[1]

      Simply tweaking an algorithm (changing a block size from 8x8 to 4x4) isn't necessarily enough to avoid a patent.

      [1] And yeah, I know that there aren't exact parallels with Stac vs MSFT here. But elements of Stac vs MSFT apply.

  31. Dear Google by drb226 · · Score: 1

    Dear Google,

    Please wait patiently until March 18, 2011, and then confront this patent pool head on. We really need some closure on whether WebM is really going to be unencumbered by patents. The swift progress of internet innovation will be forever in your debt if you can definitively clear this up. Thank you.

  32. Slander of title on Groklaw and FindLaw by tepples · · Score: 2

    Has [a claim of slander of title] been used in the past against a patent holder??

    Have you asked Google? The first result is a Groklaw article from the SCO v. IBM era. It cites an article on FindLaw; the link there is broken, but I found it with Google. Slander of title is the malicious publication of false and disparaging words by which special damages were sustained, causing a plaintiff who owns the property disparaged to lose a sale. FindLaw's article cites Prosser and Keeton (apparently Prosser and Keeton on Torts) that patents or other intangible property may be the subject of such a claim.

    1. Re:Slander of title on Groklaw and FindLaw by Griffon26 · · Score: 1

      What about the "lose a sale" part? What sales?

  33. Re:Does This Even Matter? yes it does by Anonymous Coward · · Score: 0

    The WebM patent pool is not just FUD. One of x.264's developers wrote a technical analysis of WebM and determined that WebM was similar enough to H.264 to step on its patents.

    That would be the "fear" part of FUD. FUD = Fear, Uncertainty, Doubt. The fear can be real and justifiable and still meet that definition, you illiterate fuck who needs obvious things explained.

  34. kind of like the mafia by t2t10 · · Score: 1

    Pay us so that we can "protect" you.

  35. Re:Does This Even Matter? yes it does by TheRaven64 · · Score: 2

    You are free to create a WebM codec as much as you are free to write a Linux derivative

    Actually, I'm not entirely sure about this. The patent license appears to only apply to:

    the contents of this implementation of VP8

    So, unless I'm misreading it, you are only granted a license to use the patents with libvpx and derivatives, not with independent implementations. The implementation in ffmpeg (which is faster and smaller) would not be covered. Maybe someone can persuade Google to clarify this.

    --
    I am TheRaven on Soylent News
  36. Re:Does This Even Matter? yes it does by TheRaven64 · · Score: 2

    No, he said he'd be very surprised if it didn't step on patents because it's similar to parts of H.264 that are patented. He didn't, however, cite any specific patents, nor the claims in them that are violated by specific algorithms in VP8. Until someone does, then it's FUD.

    --
    I am TheRaven on Soylent News
  37. Re:Does This Even Matter? by HermMunster · · Score: 2

    Document formats are what maintains Microsoft's Office monopoly. Need I say more?

    --
    You can lead a man with reason but you can't make him think.
  38. Re:Does This Even Matter? by Bert64 · · Score: 1

    It doesn't matter who developed a spec, what matters is the freedom you have to implement it... WebM lets anyone implement it, h.264 requires patent licenses in order to implement it.

    Both specs are finalised, so noone can contribute to them anymore. Any contributions made would become part of a future spec, and there is nothing stopping you contributing to WebM and making future versions of the codec with or without google's cooperation.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  39. wankers by Anonymous Coward · · Score: 0

    Fuking wankers that's what they are

  40. Re:Does This Even Matter? by mrrudge · · Score: 4, Interesting

    I've done quite a lot of professional video streaming via website for large well known companies. They don't know/care/understand open source, they don't know/care/understand patent liability.

    They want max bang for buck, where bang is video quality and buck is filesize/lack of streaming problems on a shitty connection.

    That's still h264. It's often *stunning* in it's ability to compress quality video. WebM becomes defacto standard when it's a better tool than the alternative.

    To compare this to png/jpg. They both have good uses, but jpg does better compression of photographic images, which is why your porn collection doesn't have any png's in it.

  41. Re:Does This Even Matter? by A+beautiful+mind · · Score: 3, Informative

    It is widely used with a huge range of hardware implementations.

    Quoting from wikipedia: AMD, ARM, and Broadcom have announced support for hardware acceleration of the WebM format.[31][32] Intel is also considering hardware-based acceleration for WebM in its Atom-based TV chips if the format gains popularity.[33] Qualcomm and Texas Instruments have announced support,[34][35] with native support coming to the TI OMAP processor.[36] Chip&Media have announced the fully hardware decoder for VP8 that can decode full HD resolution VP8 streams at 60 frames per second.[37]

    It gives much better compression than WebM will ever have.

    No. VP8 already has better compression efficiency than h.264 and at the same time being on par in quality with h.264. From the technical point of view, WebM has the potential to be a lot better than H.264.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  42. Re:Does This Even Matter? by poetmatt · · Score: 1

    businesses do care about open source. They care about *liability* as opposed to specific patent liability.

    using something that you can use any way you want without requiring legal oversight is absolutely in their best interests.

    See what I did here? I twisted your falseness to reality.

  43. Re:Does This Even Matter? yes it does by steveha · · Score: 5, Informative

    Both codecs are free in different ways. WebM is gratis; free as in beer; it costs no money to implement and distribute, but not to contribute to. H.264 is libre; free as in speech; you must pay to distribute an implementation, but anyone can contribute to the spec.

    No.

    WebM has a frozen bitstream standard. You cannot contribute to this standard, because it is frozen. However, you are free to contribute to the support software: encoders, decoders, tools. And there is vast room for improvement of the encoders, plenty of work there to keep you busy.

    H.264 also has a frozen bitstram standard. During the development phase, which is now over, you could have contributed to the development process, but only if you could afford the fees to attend the meeting. I am not sure exactly how much that cost, but I saw one posting here on Slashdot claiming it was on the order of $40,000 per person per meeting. In fairness, you could probably pitch your ideas for free to one of the large companies that was sending representatives (e.g. Microsoft, Apple) and possibly get your ideas in anyway.

    H.265 is under development now. Go ahead and try to contribute some ideas to it. Please report back here on Slashdot for how well that works out for you.

    So, the important thing here is: H.264 and WebM are both frozen standards. Both have free software projects implementing them, to which anyone can contribute. But only one of them is fully free. H.264 is controlled by MPEG-LA, so you can only distribute H.264 (or even use H.264) with their permission, on their terms. If they decide "no H.264 licenses will be offered to Linux users" then the Linux users will have no legal way to use it. (That's a silly, extreme example, and I have no reason to think they will do that. However, they really are asserting that the mere act of using a camera that records in H.264 makes you subject to their whims, which is intolerable.)

    Like I said, I think the ability to contribute the codec vastly outweighs the ability to implement it for free.

    I'm sorry, but H.264 is frozen too. You are simply mistaken on this point.

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
  44. Re:Does This Even Matter? by hazydave · · Score: 2

    The worst part of the MPEG-LA style open process is that it works to maximize the number of patents that show up in any new specification. Rather than delivering the best technology, it delivers maximally patent encumbered technology that's good enough to meet the requirements of the project. Everyone wants a piece of the pie, and in particular, the large companies who have an interest in earlier specs and don't want to be locked out of the next one.

    --
    -Dave Haynie
  45. Re:Does This Even Matter? by Lotunggim+Ginsawat · · Score: 1

    No. VP8 already has better compression efficiency than h.264 and at the same time being on par in quality with h.264. From the technical point of view, WebM has the potential to be a lot better than H.264.

    Uhmm... no. Unless of course you have sources for that claim. As for hardware support, which model from ARM/AMD/Broadcom has support for WebM? For example, even the latest ARM Cortex A-15 that will come out next year doesn't support WebM. When will we find support for WebM from ARM? 2015? 2020?

  46. Re:Does This Even Matter? by crmarvin42 · · Score: 1

    but Google has effectively put its patents into the public domain

    When did this happen??

    AFAIK, they open sourced the IMPLEMENTATION, not the underlying rights granted by patents. Now, I don't EXPECT them to be suing anyone over the relevant patents they purchased from the original developers when they bought VP8, but that doesn't mean that they can't.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  47. Forth coming hardware support for WebM by Anonymous Coward · · Score: 0

    This is the real reason.
    http://www.webmproject.org/hardware/
    --
    Q: Are there commercial chipsets on the market using the WebM video hardware IP?
    A: A number of semiconductor chipset manufacturers have licensed the WebM video decoder IP. The first chips are expected on the market in 201
    --

    There is a 384 kGates solution, licensable from WebM (Google) Project. The MPEG-LA are scared that they're going to loose their revenue/extortsion scam...

  48. Why Software Patents Must Die by KingSkippus · · Score: 4, Insightful

    I never understood this one. If anything, clever algorithms should be the ONLY software I am allowed to patent (one-click is not clever, GIF's compression was). These people worked hard to come up with a novel idea that they then want to make money from. What is wrong with that exactly? Why SHOULDN'T they be able to patent them? We let people patent novel ways of building a mousetrap. If my mousetrap is virtual, why is that any different?

    Two big differences.

    First, algorithms are not patentable in the United States, and a lot of these so-called "software patents" are actually effectively patenting the underlying algorithm, since there's no other reasonable way to implement the algorithm. Yet they still get away with it because patent clerks don't understand that the patent application someone is filing is effectively pre-empting all implementations of the algorithm, so they approve the patent. Related to this is the issue of obviousness. Patent clerks are not able to determine with software what is and what isn't obvious. Using your analogy, it's not like you patented a better mousetrap, it's more like you patented the entire concept of rodent control. Now, if someone else builds a better mousetrap, you haul them to court.

    Think about it, this is the issue with Amazon's notorious "one-click" patent. What they came up with wasn't particularly novel or clever, and because of their patent, the entire concept of "press a button to order something" is now locked away by one company.

    Second, you have to bear in mind what the whole point of patents is in the first place--to promote the progress of science and useful arts. The deal is that if you're willing to write down your stuff on paper and make it public, then the power of government will protect your invention for a limited period of time so that you can make money off of it. This encourages you to do research and development and make stuff. Today, though, patent holders aren't upholding their end of the bargain. They're not using patents to promote progress of science and useful arts. No, they're using them to extort people into paying them large sums of money. They're using them to engage in extremely anticompetitive practices.

    I mean, look at what is going on with the VP8 codec. MPEG-LA is essentially trying to claim patent on all streaming video technologies. It's not good enough that they have H.264, a decent codec. No, they want to make sure that no one ever comes up with a competing codec of decent quality. For years, they've been threatening that Theora infringes on their patents without offering up any proof. Now, they're threatening that VP8 infringes on their patents without offering up any proof. I can't find the quote right now, but I think I remember someone at MPEG saying at one point that they believe that any streaming video technology will likely infringe on at least some of MPEG's patents. This is most definitely not what the Founding Fathers had in mind when they set up patents to promote the progress of science and the useful arts. Indeed, it is significantly hindering those ideals.

    I wish there were some way to meaningfully reform the system, but I just don't see anything on the horizon. In 2010, patents increased by 30%, and I'll bet a wad of money that a very large proportion of those were software patents.

    Software patents are evil, plain and simple. They need to go. Most of them are patenting obvious things, many of them are patenting algorithms (which are not supposed to be patentable). It flies in the face of what the purpose of patents are and are significantly hindering the progress of technology and competition.

  49. Re:Does This Even Matter? by Zaiff+Urgulbunger · · Score: 1

    The GP did only say "effectively" so perhaps they were referring to the fact that they have been licensed royalty-free, as noted here:
    http://diveintohtml5.org/video.html#vp8

    Quoting the linked page, it says: "In 2010, Google acquired On2 and published the video codec specification and a sample encoder and decoder as open source. As part of this, Google also "opened" all the patents that On2 had filed on VP8, by licensing them royalty-free. (This is the best you can hope for with patents. You can't actually "release" them or nullify them once they've been issued. To make them open source-friendly, you license them royalty-free, and then anyone can use the technologies the patents cover without paying anything or negotiating patent licenses.)"

  50. counter by Anonymous Coward · · Score: 0

    they could make a counter move by trying to make a second H264 pool.
    i think MPEG LA has a lot more to lose if there is a H264 patent that isn't covered by MPEG LA's pool.

    1. Re:counter by Skuto · · Score: 1

      What makes you think those don't already exist?

    2. Re:counter by Desler · · Score: 1

      i think MPEG LA has a lot more to lose if there is a H264 patent that isn't covered by MPEG LA's pool.

      How and what would MPEG LA lose? They explicitly admit themselves that other patents could exist on the technologies they license. MPEG LA does nothing but license out those patents that have been brought forth and nothing more.

  51. Algorithms are NOT patentable! by KingSkippus · · Score: 1

    I agree that there needs to be reform, but I disagree that video compression algorithms shouldn't be patentable.

    (Emphasis mine.) I'm really glad you stated what you said using these exact words, because algorithms are specifically not patentable. That's why all of these so-called "software patents" don't mention "algorithm" in their titles, but instead use the wording "system and method."

    The problem is that the way these patents are worded, the implementation is required for any implementation of the underlying algorithm. Why do you think that there has been no effort to simply create a patent-free clean-room reverse-engineered H.264 encoder, for example? Because the patents that cover H.264 have completely pre-empted the underlying algorithm; it's not possible to implement it without those patents. This is deliberate; most patent clerks who grant the patents don't understand that. If they did, they wouldn't grant the patent. Most judges and juries don't understand it either, or else they would regularly invalidate the patents. Nevertheless, most "software patents" are simply not valid, yet these companies still get away with it. I've seen references to people at MPEG believing that it is not possible to stream video over the Internet without breaking at least some of their patents. The way they've constantly threatened Theora and now VP8 without offering up any proof whatsoever indicates to me that this is indeed what they honestly believe.

    To me, this is a painfully obvious indicator that the patent system is being abused on a large scale and needs to be either seriously reformed, or better yet, so-called "software patents" ruled invalid.

  52. better to work to reform patent system by Anonymous Coward · · Score: 0

    Video and compression patents are indeed a thicket. And even in the (I fear) unlikely event that VP8 doesn't currently legitimately infringe on anything (or that Google decides to indemnify users), trying to improve VP8 will require avoiding all the patented ideas that have been used (and are being used) to improve any other video codec. This seems like a prime example of a situation where trying to work around the current patent system will be incredibly painful. It would probably be better to spend the effort on trying to reform the patent system. It would help a lot to just greatly shorten the term of new software patents.

  53. Re:Does This Even Matter? yes it does by Pinky's+Brain · · Score: 1

    Yes you are misreading it ...

    "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, sell, import, transfer, and otherwise run, modify and propagate the contents of this implementation of VP8, where such license applies only to those patent claims, both currently owned by Google and acquired in the future, licensable by Google that are necessarily infringed by this implementation of VP8."

    Modify is the key word you missed. They specify "this implementation" to limit the patents which are licensed (otherwise you could force them to license you patents on entirely unrelated functionality simply by including it with a modified version of WebM).

  54. Evilness by DaMattster · · Score: 1

    Well, if the MPEG-LA wants to look foolish, it should continue down the path it is on. My guess is this attempt to discredit VP8 is doomed to failure. Last time I checked, Google now holds the patent portfolio associated with the VP8 codec.

  55. MPEG themselves also issued press release by Rob+Glidden · · Score: 2

    MPEG themselves (not MPEG LA) also issued press release: "MPEG envisages royalty-free MPEG video coding standard" http://bit.ly/hFMdGd

    1. Re:MPEG themselves also issued press release by yuhong · · Score: 1

      I am thinking of submitting it to Slashdot, but note also that you can submit articles on your own too.

  56. Good by Anonymous Coward · · Score: 0

    Let's get this MPEG LA farce out of the way now. Ignes aurum probat, after all.

  57. You're wrong, not insightful by Anonymous Coward · · Score: 0

    It looks like an indemnification to me, and it excludes protecting you if you are silly enough to add code that includes other patents, and revokes your license if you sue anyone over patents you think you have.

    -AC

  58. Wouldn't This be a Hoot? by Nom+du+Keyboard · · Score: 1

    Wouldn't it be a hoot if when Google bought On2 and VP8 and got the patents with it, that they have some essential patent that H.264 violates and the G-men tell MPEG LA that they are going to shut down H.264 entirely?

    Alternatively we all just sit around until these stupid patents expire, at which point we all have 1GB fiber to the house and are watching uncompressed videos in 3D anyway.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Wouldn't This be a Hoot? by Desler · · Score: 1

      Wouldn't it be a hoot if when Google bought On2 and VP8 and got the patents with it, that they have some essential patent that H.264 violates and the G-men tell MPEG LA that they are going to shut down H.264 entirely?

      You mean except for the fact that that's not how it works? Exactly what is there to "shut down"? H.264 is not some entity.

    2. Re:Wouldn't This be a Hoot? by jedidiah · · Score: 1

      Google could patent troll everyone that uses h264 including every member of the MPEG-LA patent pool.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    3. Re:Wouldn't This be a Hoot? by Anonymous Coward · · Score: 0

      Actually, if it's a key piece, they could demand ALL players using it to stop doing it- and legally be in a position to do so. Seriously. Just because MPEG-LA isn't "monolithic", it doesn't mean that you can't send the whole h.264 story down like a house of cards all the same.

  59. Re:Does This Even Matter? yes it does by Pinky's+Brain · · Score: 1

    A technical analysis concerning patent infringement without a single patent number ...

    He saw some things first in H.264 and also in VP8, simply for seeing it first in H.264 he assumes the techniques are validly patented ... a silly assumption.

  60. Re:Does This Even Matter? by Anonymous Coward · · Score: 1

    As for hardware support, which model from ARM/AMD/Broadcom has support for WebM? For example, even the latest ARM Cortex A-15 that will come out next year doesn't support WebM. When will we find support for WebM from ARM? 2015? 2020?

    I think you're confused about which part of the hardware supports video decoding and why, but for reference here's just one hardware platform with WebM support built-in:

    http://www.nvidia.com/object/tegra-2.html

    Tegra 2 based handsets are to be released in a matter of weeks. For fun, here's another hardware platform with WebM support. It was announced in October:

    http://www.youtube.com/watch?v=YcsfOMbfix8

  61. response from MPEG LA by Anonymous Coward · · Score: 0

    I typed a rant and sent it over to MPEG LA in a fit of rage...surprisingly, someone took the time to reply. Below is a copy of the email and the response:

    Dear Mr. N*****,

    Thank you for writing.

    MPEG LA provides pool licenses for many different video codecs. We do not own any of them or favor one over another; rather, we provide one-stop licenses for the convenience of users who make their own choices. To the extent there is a thicket of patents owned by many different patent holders surrounding VP8, it exists whether or not MPEG LA offers a license. MPEG LA's interest is in offering to facilitate the creation of a license that help users address the relevant patent thicket by pooling as much essential intellectual property as possible in a single license as a convenient alternative to negotiating separate licenses with individual patent owners.

    Best regards,

    Tom O'Reilly
    Manager Research and Public Relations
    MPEG LA, LLC
    Tel: (303) 200-1710
    Email: toreilly@mpegla.com
    Web: www.mpegla.com

    From: John N*****
    Sent: Friday, February 11, 2011 01:10 PM
    To: PiD-QnA
    Subject: VP8 Question

    Why don’t you guys just crawl in a hole and die! This bullshit you are pulling with VP8 is just that. Keep your patent abuse limited to h.264 please.

  62. Re:Does This Even Matter? yes it does by TheRaven64 · · Score: 1

    Modify generally refers to a derived work. The implementation in libavcodec is not made by modifying libvpx code, it is an entirely independent implementation, and I'm not sure how you could interpret that patent license as applying in this case - it grants you the license to use the patents in modified and unmodified versions of the libvpx code, but not in independent implementations. Of course, Google would be shooting themselves in the foot if they tried to sue people over independent VP8 implementations, but they do appear to reserve the right to do so. They don't say that you have a license to the patents used by this implementation, they say that you have a license to the patents for use in this implementation.

    Compare this with the Java patent grant, for example, which gives you the right to use Sun / Oracle patents in a conforming implementation of Java, irrespective of whether it's based on Sun's GPL'd Java code.

    --
    I am TheRaven on Soylent News
  63. Re:Does This Even Matter? by Anonymous Coward · · Score: 1

    MPEG-4 and related (H.264 such) are stupidly huge standards that support all sorts of arcane features that nobody will ever use except as a) a marketing slide, and b) a patent to toss into the ring.

    Indeed. I'll just add that anyone who disagrees is welcome to give another reason why 3D video is part of the same standard as the baseline profile.

  64. Re:Does This Even Matter? by butlerm · · Score: 2

    H.264 is a standard all right, the standard of an evil empire. A patent encumbered standard is no standard at all - not in the way the rest of the world uses the term. All the complaints about VP8 pale in comparison to this fundamental fact.

  65. Not only someone with deep pockets by Sycraft-fu · · Score: 0

    Someone who is good at data mining. Google didn't buy On2, and thus VP8, on a lark. They looked over things before talking to On2 about making a purchase, and before committing to a purchase. These sorts of things always involve a look at the IP being purchased (under NDA of course) before the sale is made. So Google knew what was in VP8, what they were getting. Even after purchasing, Google waited some time before releasing it in to the wild.

    So we have to ask ourselves what is more likely of two situations:

    1) Google didn't do any research on the patents that might be involved and just said "Eh who cares," and spent time twiddling their thumbs before release, hoping everything would be ok.

    or

    2) Google, the company with the world's largest collection of data, who is the very best at mining that data, spent time checking to see if there were any patents that were a problem. They concluded that either there were not, or that they had (or would acquire through he On2 purchase) patents that could be used to counteract those.

    Sorry, but I've got to bet that Google checked this all out. MPEG-LA is desperate because they don't want to see their model go away so they are making empty threats. Notice they don't HAVE any patents, they are going looking. I'm guessing Google has determined this won't be a problem.

  66. Re:Does This Even Matter? by Anonymous Coward · · Score: 0

    How's your open OSI Model network looking these days?

  67. smear by Anonymous Coward · · Score: 0

    Pandora "maliciously engaged in a smear campaign to destroy" Chlamydia

    I didn't read any further.