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MPEG LA Says 12 Parties Have Essential WebM Patents

suraj.sun tips this report from the H Online: "The hopes that the VP8 codec at the heart of Google's open source WebM video standard would remain unchallenged in the patent arena are diminishing after the MPEG LA says 12 parties hold patents that its evaluators consider essential to the codec. ... No VP8 patent pool has been formed yet; the MPEG LA says it met with the patent holders in late June and is 'continuing to facilitate that discussion' but the decision to form a pool is up to the patent holders. ... Google responded to the MPEG LA's interview saying it is 'firmly committed to the project and establishing an open codec for HTML5 video' and noting the April launch of the WebM CCL, a community cross-licencing agreement for essential WebM related patents."

136 comments

  1. Shut it down by Anonymous Coward · · Score: 0, Offtopic

    Let's just turn off the internet and be done with it.

    1. Re:Shut it down by SilverHatHacker · · Score: 2

      Give it a week, we may turn off the US government and be done with all this patent/megacorp crap.

      --
      Funny may not give karma, but +5 Informative never made anyone snort coffee out their nose.
  2. One single sentence says it all. by Anonymous Coward · · Score: 4, Insightful

    The parties involved are as yet unnamed and MPEG LA told patent analyst Florian Mueller that "confidentiality precludes [MPEG LA] from disclosing the identity of the owners".

    This smells like more bullshit extortion.

    1. Re:One single sentence says it all. by Anonymous Coward · · Score: 1

      If software patents continue the way they are going, all patent ownership information should all be made 100% public. Especially in the case of litigation.

    2. Re:One single sentence says it all. by Anonymous Coward · · Score: 1

      All patent information is 100% public. The difficulty is searching through all existing patents to determine which ones are or might be applicable to your work.

    3. Re:One single sentence says it all. by Nikker · · Score: 1

      Not really, it is about who thinks you infringe on their patent and how much they can invest in legal action.

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    4. Re:One single sentence says it all. by Anonymous Coward · · Score: 0

      I believe the patent ownership information is public. Maybe not in cases where someone other than a publicly traded corporation buys it, but mostly it is. (And I'd support making it fully public to the extent that it's not -- just that's not the issue here.)

      The trouble is identifying the set of patents that cover it. Allegedly, 12 companies that hold patents claim (in private meetings) that their patents cover it, but someone else looking at those same patents might not think they do. The only way to know for sure is to wait for a lawsuit -- patents cover what the court decision says they cover, no more, no less. But it would be real nice if MPEG-LA would name the _patents_ so anyone considering WebM could examine those particular ones more carefully. That's what they would do if they cared about deterring patent infringement, rather than blackmailing people with vague threats.

    5. Re:One single sentence says it all. by Goaway · · Score: 1

      This smells like more bullshit extortion.

      That's a pretty contradictory conclusion, no? To extort anyone, they'd have to show the patents. As long as they don't show them they can not extort anyone.

    6. Re:One single sentence says it all. by mabhatter654 · · Score: 2

      This smells like more bullshit extortion.

      That's a pretty contradictory conclusion, no? To extort anyone, they'd have to show the patents. As long as they don't show them they can not extort anyone.

      This is like saying "something" on your house I thing is mine... But I won't TELL YOU what it is because then yod hand it over or dig out the bill of sale. It's all about "kicking on the door" .. That's extortion.. Look Gogle, that's am awful nice codex you got there.. Shame if somebody started DMCA'ing your followers, "buddy".

    7. Re:One single sentence says it all. by sg_oneill · · Score: 1

      Thats not how it works though. Remember all that SCO bullshit? SCO where sending around extortion letters to companies threatening to sue if they didn't pay up and when the companies would say "on what grounds?" SCO would reply "Thats confidential". Many companies paid up anyway, because its cheaper to just pay them "gtfo and leave us alone" protection racket money than get in some protracted mud wrestle with a fuckwit litigation factory.

      Microsoft are currently doing a similar thing , getting companies to pay patent licencing fees on linux whilst not revealing exactly what patents are being licenced.

      Its a huge racket, and MPEG-LA (Who btw have *nothing* to do with the motion picture expert group) and the stupid pricks who run the VOIP codec pools are nothing more than predators out to extract rent from other peoples hard work.

      The government out act with haste to shut these companies down as rent seeking monopolist scammers who contribute nothing to the economy and actively harm innovation.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    8. Re:One single sentence says it all. by Anonymous Coward · · Score: 0

      Maybe it is time MPEG LA were removed from the scene with extreme hostility in an permanent sort of way

    9. Re:One single sentence says it all. by Anonymous Coward · · Score: 0

      Microsoft doesn't seem to have to indicate which patents are being licensed when OEMs give them money regarding android.

    10. Re:One single sentence says it all. by TheRaven64 · · Score: 4, Insightful

      patent analyst Florian Mueller

      Sorry, I just felt the need to quote that. It made me laugh so hard I almost dropped my laptop.

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      I am TheRaven on Soylent News
    11. Re:One single sentence says it all. by Carewolf · · Score: 1

      That's a pretty contradictory conclusion, no? To extort anyone, they'd have to show the patents. As long as they don't show them they can not extort anyone.

      No, to sue someone they need to show the patents. To extort, they just need to make threats.

      This is the patent equivalent of vague threats like: If you don't pay us, we are going to hurt you... We have ways of hurting you you can't even imagine..

    12. Re:One single sentence says it all. by Kalriath · · Score: 1

      Microsoft are currently doing a similar thing , getting companies to pay patent licencing fees on linux whilst not revealing exactly what patents are being licenced.

      Actually, sabre-rattling over Linux or no, Apple and Microsoft are usually pretty clear which patents Android is violating (they're pretty much listed in every news article talking about it). The fact that many of these patents shouldn't even exist, by the way, is completely irrelevant (I love living in a country where the patent office has a specific directive that computer software may not be patented, with no higher patent office to just ignore them).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    13. Re:One single sentence says it all. by Anonymous Coward · · Score: 0

      Think of this as an opportunity to overturn software patents in the United States.

    14. Re:One single sentence says it all. by jscotta44 · · Score: 1

      Extorting means making a demand. So far, there has been nothing but a press press release about MPEG-LA companies finding patent violations. And the companies have not had their names announced yetso what. That is probably to keep Google from getting to them before then can mount an attack. There is nothing wrong with that.

      As to software patents themselves, I'm conflicted. While on one hand, I think that people that come up with original, non-evolutionary ideas should be paid for them. On the other hand, I hate that patents seem to feed the lawyers more than anyone else. I also hate that the obvious stuff gets patented and causes problems for every one.

    15. Re:One single sentence says it all. by LingNoi · · Score: 1

      It's an attempt to create FUD to stop people using it. Microsoft did the same thing to linux years back with it's "256 patents in linux" announcements which eventually melted down to 13 patents that they refused to tell anyone which ones exactly.

    16. Re:One single sentence says it all. by DJRumpy · · Score: 1

      No, it's a warning shot. Eventually the patent holders, should they decide to proceed, will have to bring a case to trial and specifically name the patents in question. To suggest that they can somehow proceed with a legal case without naming such patents, is patently (pardon the pun), ridiculous.

    17. Re:One single sentence says it all. by Goaway · · Score: 1

      You actually think any company would pay another company without knowing what they are paying for, and without getting any kind of contrat that specifies what exactly they are getting?

    18. Re:One single sentence says it all. by Goaway · · Score: 1

      Where did you get that crazy idea?

    19. Re:One single sentence says it all. by Goaway · · Score: 1

      SCO was about copyrights, not patents. Entirely different things.

    20. Re:One single sentence says it all. by Goaway · · Score: 1

      Which is an entirely different thing than "extortion".

    21. Re:One single sentence says it all. by LingNoi · · Score: 1

      At the time Microsoft where trying to sell patent license agreements.

    22. Re:One single sentence says it all. by Sam+Douglas · · Score: 1

      Exactly what they are getting is easy; pay up and we won't sue you over any patents that may cover "x". It will be cheaper for you than working out a licensing deal in court.

    23. Re:One single sentence says it all. by Goaway · · Score: 1

      And the fact that the MPEG-LA has never done anything like that is clearly not any kind of obstacle for you believing this?

  3. Who is Florian Mueller? by Anonymous Coward · · Score: 0

    Who is the Florian Mueller mentioned in the article?

    1. Re:Who is Florian Mueller? by pavon · · Score: 5, Insightful

      A professional troll, who keeps posting hatchet-jobs stories about Google/Android only to have them promptly rebuffed.

    2. Re:Who is Florian Mueller? by TheRaven64 · · Score: 2

      Now, be fair to Florian. You make him sound like some partisan hack who only posts wrong stories about Google / Android. Give him his due: he's consistently wrong about everything.

      --
      I am TheRaven on Soylent News
  4. Why has this announcement taken so long? by regrepsnefpoh · · Score: 2

    It was, after all, inevitable. Do they not feel urgently threatened by WebM? (Do they have any reason to feel threatened?)

    1. Re:Why has this announcement taken so long? by Anonymous Coward · · Score: 4, Insightful

      There's a high-stakes poker game being played here. They don't want to show their hand too early.

      If they don't go after WebM, then eventually the H264 licensing falls apart. If they do go after WebM, there will be a challenge to the patents, and they potentially lose everything. So there's some delay and some bluffing going on.

    2. Re:Why has this announcement taken so long? by hairyfeet · · Score: 1

      Personally, and I'm sure i'll get hate for daring to point out the head guy is kinda nekkid, I don't see why they are getting their panties in a bunch for because WebM sucks the big wet titty. Try running it on a netbook, you are talking a slideshow, whereas everything built in the last few years has H.264 hardware decoding so it plays great. Hell flash plays great as well on netbooks and they are the ones that are gonna win the whole "H.26x VS WebM" debate anyway since they have MUCH better tools for designers and home users.

      I'm sorry but just like with Theora and Vorbis WebM is a half baked not as good "kinda sorta" solution. If the FOSS community truly want us to use free codecs then they need to get AHEAD of the game, not try to replace a de facto standard years after with another half baked solution that isn't as good as what we have. I'd suggest working on an ultra efficient Ultra HD codec, something that does higher than BD at decent sizes, and add decent 3D support while you are at it.

      But frankly WebM is DOA just like Vorbis and Theora simply because it isn't as good as what we have. It takes more memory and CPU than H.26x, takes larger file sizes for the same apparent quality in picture which equals more expensive for streaming, and while even the bottom of the line netbooks and tablets have H.26x support built in from the looks of it the hardware will have to be made from scratch which means shitcan every device that isn't a multicore. It just isn't worth it for the public who frankly don't give a shit about patents because unlike copyrights (which the assholes are quick to scream DMCA! over) most folks simply will never get bit in the ass by a patent.

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    3. Re:Why has this announcement taken so long? by tuppe666 · · Score: 1

      LOL Google+Other Corporations are not the FOSS community. WebM has some serious Corporate Backing. Google is not sitting around on their codec either seriously look at http://blog.webmproject.org/. The only real advantage for H.264 is embedded hardware, and by that I mean smartphones/tablets, I believe Google is quite a player in this area with a little green robot.

    4. Re:Why has this announcement taken so long? by Lennie · · Score: 1

      You say this now. But this is about the long haul. There is already hardware that supports WebM.

      Because most people buy their smartphones with a plan, replacement rates are high.

      The numbers say: after 3 years of use, 82.6% will have been replaced (and 18% after the first year).

      So if you add it to every Android phone today and the Android phones remain populair, in 3 years almost all Android phones people are using support it in hardware.

      --
      New things are always on the horizon
    5. Re:Why has this announcement taken so long? by KingMotley · · Score: 1

      I would suggest that the sheer number of videos already encoded in H.264, and the number of devices that support it already is a significant advantage. WebM still doesn't have the same quality as H.264 given the same bandwidth either. Therefore, I would say the only real advantage that WebM has is that it is mostly/sort of/maybe royalty free, which isn't much of an advantage when the royalty is less than $.001 per device.

    6. Re:Why has this announcement taken so long? by StoneyMahoney · · Score: 1

      Just because a codec isn't mainstream doesn't mean it's a faliure. Vorbis and Bink video (remember that? still going after 20+ years!) are the darlings of the video gaming world because the license for their decoders are zero and bugger-all respectively. Quality and performance are not the only metrics when selecting a codec for a project like that. Hell, Battlefield 2 used Bink video, as do most of the Command and Conquer games.

      WebM may never achieve the ubiquity that H.264 has, but that doesn't automatically mean faliure by any stretch of the imagination. Divx video barely registers as a feature in the consumer video player market but the company ain't doin' so bad. They're tiny compared to Google, so the indications are that something big may well come of this, just not from the direction anyone is expecting.

    7. Re:Why has this announcement taken so long? by cHiphead · · Score: 1

      The sheer number of videos encoded in Real's format sure gave them a significant advantage, no? No?

      The royalty issue is for broadcasters and production houses, not 'devices.' Why the hell should I pay MPEGLA licenses for an independently shot movie I want to release on the web in a commercial fashion? What have they created with H264 that is novel and 'unique' other than squeezing more pixels into a smaller file size that justifies paying the royalties to use technology that is a glorified zip archive?

      --

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    8. Re:Why has this announcement taken so long? by KingMotley · · Score: 1

      The number of videos encoded in Real's format was tiny to begin with, and none (virtually none) that were professionally done. There is quite a difference. I would venture to say that the majority of people out there have at least 1 H.264 video now, whether it be from a bluray, a downloaded video, a home made movie from a video camera, or a cell phone clip. That's magnitudes higher penetration that real ever was.

      Actually, royalties are paid per device, but there is a cap and it's so low that most broadcasters, production house, even software companies hit it. Currently, you do not pay any royalty for releasing a "commercial" video on the web, but the editor (or video camera) that you shot it with does.

    9. Re:Why has this announcement taken so long? by Anonymous Coward · · Score: 0

      MPEG-LA is due for their annual extortion drive. It's like public television, just with lawyers.

    10. Re:Why has this announcement taken so long? by arose · · Score: 1

      WebM may never achieve the ubiquity that H.264 has, but that doesn't automatically mean faliure by any stretch of the imagination.

      People seem to forget that the one and only thing that matters when looking at WebM adoption is the HTML5 video tag and hardware (which exists).

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    11. Re:Why has this announcement taken so long? by hairyfeet · · Score: 1

      Here is the difference in your examples and WebM...Bink and Vorbis for gaming? Most games come on discs so nobody gives a crap about file sizes and as you pointed out they are free so happy slappy for the developers. I would argue even on DLC that nobody gives a shit about file sizes as the textures are a hell of a lot bigger than any Bink video or Vorbis audio they have.

      As for DivX? One word: PIRACY, damned near every single video on P2P is a DivX or Xvid encoded .avi file nowadays and while some are .mkvs the .avis still out number them by a pretty good amount. Now when folks snatch a video being able to just slap it on a disc and play it on their DVD is nice no? This is a nice little feature and you'd be surprised how many people look for the DivX label which is how the DivX corp gets paid.

      But for WebM you have NONE of those advantages and quite a few liabilities. Google has already made it clear they won't indemnify nobody and sure as hell won't back you up with lawyers so there goes the free argument. In streaming file sizes DO matter and again WebM sucks compared to H.26x, and as for piracy the only format coming close to .avi is H.264+AAC .mkv files which Surprise! Are the latest DivX format and thus play on the latest DVD players.

      Like Theora and Vorbis before it the ONLY selling point WebM has is it is supposedly "kinda sorta" free, but unlike Vorbis frankly has no secondary usage. The bandwidth you'd use hosting WebM videos would end up costing you more than an H.264 license, so why would you bother?

      And I'm sure I'll get hate for making this comparison but it really is like Linux on the desktop. the big selling point is "free as in beer" but with the driver model so fucked up the only way it is "free as in beer" is if your time is worthless AND you have the skills to do the forum dance every six months along with being able to tweak said "fixes" so you can get your hardware back up. The cost in sheer frustration for home users or in money for hiring a guy like me to fix the damned thing every 6 months means in less than a year it is cheaper just to buy that OEM Windows 7 HP.

      So I'd say you really need to be better, not just a "kinda sorta" replacement if you want to sell to the masses. No corp is gonna touch WebM with Google refusing to back it up, and home users are better off with H.264 and DivX. So there really is no compelling reason to go with WebM, none at all.

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    12. Re:Why has this announcement taken so long? by Anonymous Coward · · Score: 0

      Yes, agreed to all you said... but..
      Its (potentially) completely free to use and is good enough.. (As demonstrated by the fact DivX in the torrent community is)
      See, just completely shut you down.

      That is why WebM is worth while.

      Internet video is like the Air we breath. Do you need permission or pay to breath...
      Well, in the potential future with MPEG LA, you will.

      Free Air, even if it don;t smell so nice, is always welcome.

  5. Google is not the arbiter of "open" by Anonymous Coward · · Score: 1, Insightful

    Google has zero credibility when it comes to promises of "open standards." They've hung their entire Android ecosystem out to dry and abandoned its partners to fend for themselves against patent holders.

    WebM is most likely toxic and has an uncertain future. Google knows this and that is why they don't offer any type of indemnification to parties who choose to bet on the codec.

    This "Google says it's open, therefore it's open" nonsense has to end.

    1. Re:Google is not the arbiter of "open" by Lord+Juan · · Score: 0

      Florian? Is that you?

    2. Re:Google is not the arbiter of "open" by Qzukk · · Score: 4, Insightful

      that is why they don't offer any type of indemnification to parties who choose to bet on the codec.

      No, they don't offer any type of indemnification because patent trolls file bullshit patents like claiming a "buy now" icon in your app infringes on a patent regarding two-way customer feedback. At this rate, whoever has that patent on amusing a cat with a laser pointer has a solid case against WebM. It's impossible to defend against all the bullshit.

      If the patent system wants to continue down this road, then the patent laws need to be revised that if anyone brings a patent case against someone, and they're found to not infringe on the patent, the patent holder owes double the defense's court fees and lawyer costs. Triple if the plaintiff tries to bail out after a Markman Hearing told them their patent doesn't mean what they want it to mean, and there's no way in hell that it's being infringed on.

      --
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    3. Re:Google is not the arbiter of "open" by bonch · · Score: 0

      Prepare to get modbombed for criticizing Google. Meanwhile, the people voting you down won't address the fact that Google provides no indemnification.

    4. Re:Google is not the arbiter of "open" by mabhatter654 · · Score: 1

      We need a more "European" system.. Once something is brought before Court, you should not be able to "settle". In both Civil and Criminal court too many cases are known to be losing by a bigger party, just to drain resources from a smaller one.

      We need to adjust the system to the "Court's Satisfaction". In a criminal case like OJ or Casey, the resulting perjury and damage charges for losing the case should all be presided by the same court... So the court can punish the actions of it's agents, not just the parties...

      In the case of things like all these IP cases, the Court should have the right to keep an interesting case open and RULE on a subject. This whole "drop the case" at the 11th hour because you don't want a losing precedent has to stop.

    5. Re:Google is not the arbiter of "open" by Anonymous Coward · · Score: 2, Insightful

      Neither does MPEG-LA

    6. Re:Google is not the arbiter of "open" by Draek · · Score: 1

      Prepare to get modbombed for criticizing Google.

      No, only for spreading old and stale FUD against Google.

      Meanwhile, the people voting you down won't address the fact that Google provides no indemnification.

      Obviously, since you can't post and mod at the same time. Other people however have addressed the point many times in the past: you don't get patent indemnification *anywhere* else in the industry, and that's because large corporations don't remain large by being naive enough to think that judges are infallible and would never avail the insane demands of a patent troll.

      --
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    7. Re:Google is not the arbiter of "open" by maroberts · · Score: 1

      You are able to settle in any court, European or US. In England, settlements in matters before the court are often accompanied by what is called a Consent Order, where the parties reach a legally binding agreement and the judge signs off on it

      --

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      Karma: Chameleon

    8. Re:Google is not the arbiter of "open" by Anonymous Coward · · Score: 0

      lmftfy:

      We need a more "sane" system.

    9. Re:Google is not the arbiter of "open" by Lennie · · Score: 1

      'We need a more "European" system' where software patents don't apply. Or atleast a whole lot less, there are always exceptions.

      --
      New things are always on the horizon
    10. Re:Google is not the arbiter of "open" by Vanders · · Score: 1

      Meanwhile, the people voting you down won't address the fact that Google provides no indemnification.

      People will begin to address that fact once the MPEG-LA begin to offer patent indemnification for people using H.264 and all the other codecs they license. Until then, everyone who continues to push this ridiculous double standard can continue to look ridiculous and uninformed.

    11. Re:Google is not the arbiter of "open" by DaVince21 · · Score: 1

      All seriousness aside, "amusing a cat with a laser pointer" is the best example case I have ever seen.

      --
      I am not devoid of humor.
    12. Re:Google is not the arbiter of "open" by Anonymous Coward · · Score: 0

      Your parent poster didn't get "modbombed for criticizing Google". You are angry that this did not happen, because you know that it denies you the credibility you crave as a wannabe Slashdot martyr.

  6. how about a less-efficient free codec? by davidwr · · Score: 1

    If Google and others were to buy out or develop patent-free less-efficient codecs that get the job done, AND push them in preference to non-free codecs, we could have the benefits of widely-used free codecs, albeit with a bit of inefficiency.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:how about a less-efficient free codec? by jimpop · · Score: 1

      And if Google did do that there would be people who would cry and complain for entirely different reasons. Google knows that they can't please all the people all of the time, and I'm pretty sure they are ok with that.

    2. Re:how about a less-efficient free codec? by arose · · Score: 4, Insightful

      That's what Google did, they bought On2 (who had been making codecs for 10 years or so without getting sued). I'll believe it when a court rules that a patent actually applies, there is too much for MPEG LA to gain from FUDing VP8 and almost nothing from having an actual patent pool.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    3. Re:how about a less-efficient free codec? by Anonymous Coward · · Score: 0

      Except this was EXACTLY what they did with WebM. Most likely Google has done due diligence and determined before buying On2 that they either had done enough design-arounds to skirt MPEG-LA patents, and had enough of their own patents to fight back against potential threats. The fact that it's taken this long for MPEG-LA to even start the FUD machine means that they don't have On2 essential patents.

    4. Re:how about a less-efficient free codec? by mabhatter654 · · Score: 1

      But this is the point... Google did build this from what they believed was a patent-free, or at least patents they thought they has rights to... But MPEG-LA is such a massive licensing firm, they'll FIND somebody in their group with something Google could possibly infringe on. The group has gone from being a way for big companies to AVOID lawsuits, to a group of old guys that beats up new kids with 20-year-old crap.

      Google is of the "don't ask, charge ahead" approach to patents. Google is throwing CS Masters and PhDs at this stuff .. Part of patents is proving how you got from A to B... Parent Courts tend to favor those that can show their own work, even if it is close to something else patented.. Because that's the "spirit" of the patent system.

    5. Re:how about a less-efficient free codec? by arkenian · · Score: 1

      And if Google did do that there would be people who would cry and complain for entirely different reasons. Google knows that they can't please all the people all of the time but most of them will use the product anyhow, and I'm pretty sure they are ok with that.

      FTFY

    6. Re:how about a less-efficient free codec? by jimpop · · Score: 1

      Well yes, that was sort of implied as Google doesn't keep underperforming products around long.

    7. Re:how about a less-efficient free codec? by Pinky's+Brain · · Score: 1

      All the patent pool members are scared to get one of their gravy train patents to be ruled invalid, finding one without some below the table (illegal) pay off to to make the risk of invalidation worth taking is not at all easy.

    8. Re:how about a less-efficient free codec? by bhtooefr · · Score: 1

      The problem is, the only codecs that are pretty much guaranteed to be free are early versions of MPEG1, and MJPEG.

      Both of which, in 2011, are downright awful codecs.

      (Although, my digital camera shoots MJPEG...)

  7. Speaking of WebM by 93+Escort+Wagon · · Score: 1

    When is Google pulling h.264 support out of Chrome? I just did a new install on a previously Chrome-less Windows box, and it handled an h.264-only <video> element just fine.

    I knew the Mac version of Chrome still played h.264, but I'm not sure if it's relying on its own internals or on the OS in that case.

    --
    #DeleteChrome
    1. Re:Speaking of WebM by Anonymous Coward · · Score: 0

      When is Google pulling h.264 support out of Chrome? I just did a new install on a previously Chrome-less Windows box, and it handled an h.264-only <video> element just fine.

      I knew the Mac version of Chrome still played h.264, but I'm not sure if it's relying on its own internals or on the OS in that case.

      Chromium not Chrome. Chromium is the open source version, which comes without things like built in pdf readers, h.264 support and built in flash.

    2. Re:Speaking of WebM by 93+Escort+Wagon · · Score: 1

      Chromium not Chrome. Chromium is the open source version, which comes without things like built in pdf readers, h.264 support and built in flash.

      While I realize the post was in the Chromium Blog, the January blog post says h.264 support is going to be removed from Chrome "to make it consistent with the codecs already supported by the open Chromium project."

      --
      #DeleteChrome
    3. Re:Speaking of WebM by inglorion_on_the_net · · Score: 1

      I just did a new install on a previously Chrome-less Windows box, and it handled an h.264-only <video> element just fine.

      And you're complaining about this?

      --
      Please correct me if I got my facts wrong.
    4. Re:Speaking of WebM by tyrione · · Score: 1

      When is Google pulling h.264 support out of Chrome? I just did a new install on a previously Chrome-less Windows box, and it handled an h.264-only <video> element just fine.

      I knew the Mac version of Chrome still played h.264, but I'm not sure if it's relying on its own internals or on the OS in that case.

      During the rise of the WebM debate Google yanked H.264 from Chrome for Linux and a few months later added it back. They have continued it, but don't include MPEG-4 support.

      Chrome version: 14.0.835.8 dev:

      1. H.264 support
      2. Ogg Theora support
      3. WebM support

      This has been supported for at least the past 6 months.

    5. Re:Speaking of WebM by Lennie · · Score: 1

      Probably after Chrome 13, AFAIK.

      Maybe more importantly, when will Youtube automatically use HTML5/WebM when the browser supports it.

      As I understand it, all new uploads are already converted WebM.

      3 months ago Youtube had already converted 30% of the videos, which make up 99% of all views.

      At the last Google I/O someone working on the new Youtube 'player' mentioned embedded worked and it looks like they are now very close to releasing it.

      --
      New things are always on the horizon
  8. Re:Good News for Everyone by leoplan2 · · Score: 1

    Astroturfing much?

  9. Re:Good News for Everyone by Anonymous Coward · · Score: 0

    I too would welcome a format that isn't shit like H.264. Preferably something we can all use.

  10. Windows 7 has h.264 playback built in by Sycraft-fu · · Score: 1

    And previous versions of Windows can have it added with codec packs. Chrome could well use the media layer in Windows for playback of any formats it does not support internally (it would make sense to do so).

    1. Re:Windows 7 has h.264 playback built in by 93+Escort+Wagon · · Score: 1

      I did the test on an XP box that did not previously have Chrome installed - the h.264 video played just fine.

      And yes, I know it was h.264 because I put both the video and the page together.

      --
      #DeleteChrome
    2. Re:Windows 7 has h.264 playback built in by Lennie · · Score: 1

      h.264 hasn't been removed from Chrome yet. So it is really nice you tested it, but it was to early.

      --
      New things are always on the horizon
  11. No mention of Apple? by npsimons · · Score: 1, Informative

    Why no mention of Apple? Or Microsoft? They are both members of MPEG-LA, not to mention other sleazy organizations.

    1. Re:No mention of Apple? by ray_mccrae · · Score: 1

      because apple and microsoft are not major members. In fact now that you mention it, this is one of the least sensationalist headlines i've seen on slashdot for a awhile. Hope the trend continues.

    2. Re:No mention of Apple? by westlake · · Score: 2

      Why no mention of Apple? Or Microsoft? They are both members of MPEG-LA, not to mention other sleazy organizations.

      There are about thirty AVC/H.264 licensors, most of them global industrial giants like Mitsubishi, Philips and Toshiba. AVC/H.264 Licensors

      There are about 1,030 H.264 licensees. AVC/H.264 Licensees

      H.264 is theatrical production, Blu Ray, broadcast, cable and sattelite distribution. Medical, industrial and military applications. There is no such thing as an HDTV set or set top box that doesn't support H.264.

      WebM is, well, WebM.

      Google is an H.264 licensee. Google is hedging its bets.

    3. Re:No mention of Apple? by CharlyFoxtrot · · Score: 1

      Why not indeed ? People like to paint Google as some kind of altruistic entity but look at who they are taking on here, their direct competitors. Google are the Microsoft of the new millennium: they have a very profitable core business in search and advertising that could possibly be threatened from developments in other markets so they take on all those companies and go into the phone business, the browser business, the netbook business, social networking, TV streaming, etc. All to keep others from having the power to turn away those eyeballs from Google.

      Granted, they have a very novel way of destabilizing the competition using open source like that. And I'm not knocking it, there has undoubtably been a net benefit to consumers from both the competition and the open sourced software. But lets stay real here, how much money would Google invest in V8 if MPEG LA folded, what would be the business case for it? Likewise Android, if it became really dominant it would go stale quicker than you could say "not our core business." Apple and Microsoft aren't the only sleazy corporations here, they are ALL playing a sleazy game.

      --
      If all else fails, immortality can always be assured by spectacular error.
    4. Re:No mention of Apple? by gl4ss · · Score: 1

      the sad thing about android is that due to numerous patent licensing issues, no new manufacturer can actually enter the market with it. it's all just the same old companies and their few chosen models, all aping each other in form and function. no innovation, no nothing.

      sure, anyone can order chips that run it, whole 3g capable socs. but you can only sell them in low numbers or you'll be spanked by patent police and you'll end up paying 60 bucks or more for the licenses per phone. that's a LOT when in two years now your usual galaxy S equivalent hardware is going to go into phones otherwise costing hundred bucks at retail.

      --
      world was created 5 seconds before this post as it is.
  12. Who does this surprise? by Telvin_3d · · Score: 1, Interesting

    Who does this surprise? And I'm not talking about patent trolls or other attacks just looking to make a quick buck. I mean who is surprised that WebM steps all over patents associated with h.264 and other video standards? Anyone?

    The one and only argument I have ever seen in favor of WebM is that it doesn't have licensing restrictions. That's it. From a code point of view h.264 is at least as open source seeing as many of the best tools and compressors are (and always have been) open and in many cases free. WebM doesn't do things significantly different from a technical point of view or an implementation point of view. It is substantially the same technology.

    So if you have two projects that are effectively identical, but one has licensing restrictions on some streaming content and the other doesn't. Why would patents that cover one not cover the other?

    This was always a stupid, meaningless fight. Everyone big enough to ever care about future licensing issues is big enough that it is meaningless. Everyone else is too small to bother. And all the implementation and tools have been Open Source from the start.

    This stuff is like the JPG and GIF patents. Made zero real world impact and by the time everyone was finished arguing over them the patents had already expired. This is meaningless in-fighting.

    1. Re:Who does this surprise? by steveha · · Score: 5, Insightful

      who is surprised that WebM steps all over patents associated with h.264

      Objection. The correct sentence here is "who is surprised that MPEG-LA claims that WebM steps all over patents controlled by MPEG-LA".

      Given that WebM was specifically designed to not infringe any patents, I for one would be very surprised if it "steps all over" a large number of patents.

      Sadly, I would not be surprised if Google lost a lawsuit over some patent that someone claims covers WebM. But that's because there are so many patents, and stuff happens in lawsuits.

      The one and only argument I have ever seen in favor of WebM is that it doesn't have licensing restrictions.

      Isn't that enough?

      The basic pitch for WebM is "not as good as H.264, but you are free to use it". If you need the best possible video encoder and are willing to abide the the licensing restrictions and fee schedules of H.264, you use H.264. If you are Debian, and you only ship free software that isn't patent-encumbered, you ship WebM and not H.264. This isn't rocket surgery.

      From a code point of view h.264 is at least as open source seeing as many of the best tools and compressors are (and always have been) open and in many cases free. WebM doesn't do things significantly different from a technical point of view or an implementation point of view. It is substantially the same technology.

      Your point about H.264 being available in open source is accurate, but pointless. Your second point is correct if we agree that the word "substantially" covers a lot of differences. The differences make H.264 the better encoder.

      So if you have two projects that are effectively identical, but one has licensing restrictions on some streaming content and the other doesn't. Why would patents that cover one not cover the other?

      Because patents aren't judged by this "substantially" word you used. Patents cover specific things. On2 seems to have studied patents to figure out what they couldn't do, and found ways to do things that work almost as well without being covered by the patents.

      The dangers here are that On2 overlooked a patent or otherwise made a mistake; or that a court would rule that On2 skated too close to the line. There is no danger that a court will say "WebM is substantially doing the same thing as H.264, so all the H.264 patents apply." You didn't really mean to imply the situation was that simple, did you?

      This stuff is like the JPG and GIF patents. Made zero real world impact and by the time everyone was finished arguing over them the patents had already expired.

      There is one major difference: the patents on H.264 are not just about to expire. I did a quick Google search and found that you would have to wait until 2025 to use H.264 for free.

      If you use a patented format, you have to get a patent license. The owners of the patent license get to dictate the terms of the license.

      Google, who owns and runs YouTube, doesn't want to build its business around H.264, because then when it is time to renew the licenses, the terms or fees could become Draconian.

      Google doesn't want to build YouTube around an old, lousy video coder that happens to be free, because the users won't be happy their videos load slowly and look horrible; and Google has to pay for the bandwidth.

      So: WebM. Not as good as H.264, but nobody can use it to tell Google "you now have to give us big large huge royalties on your use of this video coder". They can predict their future licensing costs (zero), and their bandwidth costs aren't horrible and the user experience is good.

      WebM benefits everyone except for the people who own H.264 patents. And they will still make money on H.264; they just won't be the only game in town anymore. They want very much to be the only game in town and charge whatever they feel like charging. I don't understand why you are so keen on this idea.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    2. Re:Who does this surprise? by TheSync · · Score: 3, Interesting

      Given that WebM was specifically designed to not infringe any patents, I for one would be very surprised if it "steps all over" a large number of patents.

      WebM was not developed within an ISO recognized standards development organization. It never had a hope of being patent-free: the process was not open, not due-process, and for that reason and others the folks who might have been willing to donate their IP to the effort were not properly motivated.

      There is one, and only one video codec that was developed in an open standards process specifically to be non-royalty, and that is JPEG 2000 Part 1 aka ISO/IEC 15444-1. During the development process of JPEG 2000 Part 1, an agreement was reached with over 20 large organizations holding many patents to allow use of their intellectual property in connection with JPEG 2000 without payment of license fees or royalties.

      That is a major reason why JPEG 2000 is the basis of Digital Cinema.

    3. Re:Who does this surprise? by Telvin_3d · · Score: 1

      Given that WebM was specifically designed to not infringe any patents, I for one would be very surprised if it "steps all over" a large number of patents.

      Except that WebM wasn't designed to be patent free. It was designed to be license free. Neither WebM or the related VP8 or Matroska projects were ever designed to be patent free. They were all built around free licenses, not patents. Not the same thing at all.

      Under current rules, I doubt that it is possible to create an image or video format that is patent free. Doesn't mean I am defending the current situation, but it is the reality on the ground at the moment, and likely for the foreseeable future.

      WebM is not patent free. It was never patent free. In this day and age of lawyers storming the battlements with swords and giant axes I don't think ANYTHING is patent free. And there is no way the relevant patents get globally licensed without WebM ending up in exactly the same terms as h.264.

    4. Re:Who does this surprise? by John+Betonschaar · · Score: 1

      Objection. The correct sentence here is "who is surprised that MPEG-LA claims that WebM steps all over patents controlled by MPEG-LA".

      Others have already predicted VP8 would run into patent issues.

      Anyone who knows even the least bit about video codec technology can tell you that it's virtually impossible to design an advanced video codec that does not infringe on any video coding patents, which isn't surprising if you consider the technology involved is decidedly non-trivial, and took over 3 decades to develop. H264 is currently the most advanced standard for video coding, but it didn't materialize out of thin air either: it simply builds on the concepts you'll see in MPEG 1, 2, 4 and so forth.

      The only codec I can imagine that does not violate any H624 patents would either be incredibly crappy, or downright revolutionary. I know for a fact that VP8 is not the latter.

    5. Re:Who does this surprise? by theweatherelectric · · Score: 3, Interesting

      WebM was not developed within an ISO recognized standards development organization. It never had a hope of being patent-free: the process was not open, not due-process, and for that reason and others the folks who might have been willing to donate their IP to the effort were not properly motivated.

      Neither was Vorbis. Vorbis has been used in huge projects by huge companies for over a decade. Why has it remained royalty-free? Why doesn't VP8 similarly have "a hope" of remaining royalty-free? Until the MPEG LA or one of the companies that allegedly hold patents essential to VP8 have something substantive to show there is no proof that VP8 infringes any patents. All the MPEG LA is doing now is what they've always done since the launch of WebM: scaremongering.

    6. Re:Who does this surprise? by steveha · · Score: 1

      WebM wasn't designed to be patent free.

      Very well, then: WebM was designed to be free of patents other than the On2 patents that Google owned and freely licensed to allow the use of WebM.

      Does the above statement meet your required level of precision?

      Neither WebM or the related VP8 or Matroska projects were ever designed to be patent free. They were all built around free licenses, not patents. Not the same thing at all.

      If any software uses patented technology, the patent owner can control the use of that software. Those projects most certainly did intend to avoid using any patented ideas.

      I was using the phrase "patent free" informally, intending to communicate the idea that WebM is "free" of any "patents" that would require the user to get a patent license. I apologize that this did not meet your required level of precision.

      Under current rules, I doubt that it is possible to create an image or video format that is patent free.

      This is pretty much the contention of MPEG-LA. More specifically, they claim it is impossible to make any video format that doesn't infringe on one or more patents from their patent pool.

      Google on the other hand spent $100 million for On2, spent months presumably vetting the patents situation, and released WebM. Google, and presumably Google's lawyers, do not seem to agree with your statement. I am hoping they are correct.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    7. Re:Who does this surprise? by tangent3 · · Score: 1

      So Google and On2 know nothing about video codec technology?

    8. Re:Who does this surprise? by TheRaven64 · · Score: 1

      Except that WebM wasn't designed to be patent free. It was designed to be license free

      VP8 was designed to be patent free. On2 took H.264 and then rewrote all of the bits that were patented to be subtly different in the hope of avoiding any patents, except for the ones that they owned. I don't know what you mean by 'license free' - VP8 is covered by two licenses, a copyright license on the source code and a patent license. Both grant royalty free use of the On2 code and patents that Google purchased.

      --
      I am TheRaven on Soylent News
    9. Re:Who does this surprise? by Pinky's+Brain · · Score: 1

      He didn't even read the patents ... he compared features.

      He is relatively young and way too busy to try to examine the research background for each of those features. He should never have judged something as validly patented in the H.264 patent pool just because he saw it first in H.264 ... it was a stupid thing to do (look at the intra prediction redaction) and a misuse of his own reputation.

    10. Re:Who does this surprise? by Rockoon · · Score: 1

      There is no reason to believe that Google knows anything about video codec technology, for they have never developed one themselves. They have never been a member of that industry.

      Video codec patents arent simply about the nice mathematics. They are about efficient ways of performing that math on various technologies. Thats the real situation.

      It isn't that the overall math in play can't be accomplished in ways that avoid patents, its that its very hard to do any of it nearly as efficiently as H.264 without running into patents. Companies like IBM surrounded things like arithmetic coding (used in both codecs) with patents on efficient methods fairly early on, and while those initial patents are now out of scope, new technologies created new opportunities for new efficient methods that again were patented.

      Even if the reference implementation is remarkable and avoids the patents, there is so little chance that a re-implementation to efficiently work on GPU's that its really kind of laughable. There is pretty much no way in hell that VP8 can be put on every device and made efficient while avoiding the patents, EVEN IF THE REFERENCE IS PATENT FREE.

      --
      "His name was James Damore."
    11. Re:Who does this surprise? by Vanders · · Score: 1

      There is no reason to believe that Google knows anything about video codec technology, for they have never developed one themselves.

      They didn't need to. They bought On2, who have been developing video codecs for decades. Now that On2 is Google, Google have the staff and intellectual property for video decoding technology that stretches back as long as On2 have been in business. That means Google now know quite a lot about video codec technology.

    12. Re:Who does this surprise? by Anonymous Coward · · Score: 0

      Worse, the public process used for most video and audio codecs actively obstructs patent freeness:

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

    13. Re:Who does this surprise? by makomk · · Score: 1

      WebM was not developed within an ISO recognized standards development organization. It never had a hope of being patent-free: the process was not open, not due-process, and for that reason and others the folks who might have been willing to donate their IP to the effort were not properly motivated.

      On the contrary, that's why WebM stood a chance. ISO are generally not interested in royalty-free; they're generally quite happy for members to inject requirements into standards that require everyone to license their patents. (Also, remember that very few people use JPEG 2000 - that's probably the only reason we haven't seen massive patent lawsuits over it it. Wavelets are much more of a patent minefield than DCT-based codecs.)

    14. Re:Who does this surprise? by Anonymous Coward · · Score: 0

      This stuff is like the JPG and GIF patents. Made zero real world impact and by the time everyone was finished arguing over them the patents had already expired.

      Really? The GIF patents lead to the development of a superior open replacement to it that is widely used even after the patents expired, I'd hardly call that no real world impact.

  13. New rule by Bengie · · Score: 4, Insightful

    They should make a new rule. If you don't immediately(reasonable amount of time, 1-2 months?) sue another company once you found out they've made a product based on your patent, you give up any rights to said patent.

    You shouldn't be able to sit on it and wait for it to be more "lucrative" to sue.

    1. Re:New rule by steveha · · Score: 5, Informative

      You shouldn't be able to sit on it and wait for it to be more "lucrative" to sue.

      I am not a lawyer, but I believe this is what you wished for; it's already part of the law.

      http://en.wikipedia.org/wiki/Laches_(equity)

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    2. Re:New rule by ezzzD55J · · Score: 1

      +1

    3. Re:New rule by IGnatius+T+Foobar · · Score: 1

      They should make a new rule. If you don't immediately(reasonable amount of time, 1-2 months?) sue another company once you found out they've made a product based on your patent, you give up any rights to said patent.

      You shouldn't be able to sit on it and wait for it to be more "lucrative" to sue.

      That's essentially what the doctrine of Laches (a form of Estoppel is all about. The plaintiff knew about a potential patent violation but sat on it for some length of time until the defendant actually committed themselves to a position where a lawsuit would be more harmful.

      This is going to be part of Google's case against Oracle after having uncovered Jonathan Schwartz's blog entry congratulating Google on using Java technology.

      It's a tough case to argue but it can be done.

      --
      Tired of FB/Google censorship? Visit UNCENSORED!
    4. Re:New rule by TheRaven64 · · Score: 1

      That doesn't really do what he wanted, at least in the USA. You may not claim for any damages that occurred between the period when you noticed infringement and the time when you notified the infringing party. You can claim for damages that occurred before and after. If I'm selling 100 widget/day when you notice I'm infringing and you ignore it until I'm selling 10,000 widgets/day then you can still claim (for example) $1/widget in licenses for patent infringement. If you don't sign the licensing deal, then I can claim this plus some extra amount when I take you to court. By that stage, it's probably a lot more difficult for you to modify the design to avoid the patent than it was when you were selling 100.

      --
      I am TheRaven on Soylent News
  14. And let's please remember by Sycraft-fu · · Score: 4, Interesting

    Google checked all this out. Before they bought On2, they got to see all their IP, all their sutff (under NDA of course) as is standard practice for buyouts. Also, after they bought them, they took some time to turn VP8 in to WebM. During that time you really think they didn't do a through checking of patents that might apply? Also consider that Google is the best of the best at searching and data mining. They probably found everything.

    My bet is they concluded that any or all of the following are true:

    1) WebM does not infringe on any of the legit video patents out there.

    2) That any patent WebM does infringe on is one that can be showed to be invalid via prior art.

    3) That anyone who has a valid patent, Google has a more damaging counter patent(s) and thus they'll have to back down.

    I cannot believe that Google ran in to this without doing good research. I also find it easy to believe that MPEG-LA is grasping at straws, particularly given how long it has taken and the lack of specifics.

    1. Re:And let's please remember by hardtofindanick · · Score: 4, Interesting

      WebM does not infringe on any of the legit video patents out there.

      A company with the caliber of On2 to hold patents that do not infringe on h264 and still claim to reach h264 quality is hard to believe.

      That any patent WebM does infringe on is one that can be showed to be invalid via prior art.

      Video compression is a mature area and you have to fight teeth and nails get your IP in the standard (I attended the VCEG/MPEG standardization meetings for h264, I witnessed the blood first hand). The IP holders are huge companies http://en.wikipedia.org/wiki/MPEG_LA, and they have very decent research labs.These guys are not fucking around, they do their patent research before fighting to push their IP in.

      That anyone who has a valid patent, Google has a more damaging counter patent(s) and thus they'll have to back down.

      That sounds like pure fantasy.

      I also find it easy to believe that MPEG-LA is grasping at straws, particularly given how long it has taken and the lack of specifics.

      MPEG-LA does not seem to know what to do with h264 either. They keep pushing the "end of free license" period. We are safe until 2016 for now I believe. That is about when h265 should be finalized.

    2. Re:And let's please remember by TheSync · · Score: 1

      During that time you really think they didn't do a through checking of patents that might apply?

      Two possibilities: 1) Google is huge and arrogant and maybe they didn't do a great job at this and/or 2) given the complexity of modern video codecs, it is tough to do a good job of working this out, especially given that VP8's definition has mainly been source code.

    3. Re:And let's please remember by Anonymous Coward · · Score: 1

      I cannot believe that Google ran in to this without doing good research.

      Then you are extremely naive.

    4. Re:And let's please remember by NeutronCowboy · · Score: 2

      Remember: whether there exists a real patent that actually does predate whatever Google is doing with WebM has no bearing on whether lawsuits will be filed. See also http://www.thisamericanlife.org/radio-archives/episode/441/when-patents-attack.

      --
      Those who can, do. Those who can't, sue.
    5. Re:And let's please remember by westlake · · Score: 1

      MPEG-LA does not seem to know what to do with h264 either

      There are 1,027 AVC/H.264 Licensees

      Digital television. Broadcast, cable and satellite distribution. Big content. Disney. Blu-Ray. Netflix. Medical imaging. Industrial and militray applications.

      Someone seems to have a clue.

      While WebM remains little more than mediocre YouTube transcode playable in a browser.

    6. Re:And let's please remember by Lennie · · Score: 2

      This video, shot at Mozilla, explains about the origin of Ogg Theora (which was based on VP3) and thus also WebM (which was based on VP8):

      http://air.mozilla.org/open-video-codec-discussion-at-mozilla/

      --
      New things are always on the horizon
    7. Re:And let's please remember by TheRaven64 · · Score: 1

      During that time you really think they didn't do a through checking of patents that might apply?

      Oh, absolutely. For two reasons. First, because Google has a long track record of completely ignoring anyone else's IP. Second, because doing such a search is REALLY hard. What do you search for? Break the algorithm down into small steps and then see if each is patented? But patents can't be easily searched for algorithms - they don't, for example, require a pseudocode representation of the algorithm in a consistent format. You're taking a bit of code, and then searching terabytes of text to see if any patents include an obfuscated English description of any parts of that code.

      --
      I am TheRaven on Soylent News
    8. Re:And let's please remember by Vanders · · Score: 2

      A company with the caliber of On2 to hold patents that do not infringe on h264 and still claim to reach h264 quality is hard to believe.

      On2 were developing codecs long before H.264 was developed. On2 have never been an MPEG-LA member: it is equally possible that On2 hold patents that H.264 infringe upon.

    9. Re:And let's please remember by gnasher719 · · Score: 1

      3) That anyone who has a valid patent, Google has a more damaging counter patent(s) and thus they'll have to back down.

      This is where GPL v3.0 enters the game. Most people are quite Ok with the h.264 patents, except that you can't write a codec that is GPL v3.0 licensed, because you can't have GPL v.3.0 code that implements a patented invention, unless you have a patent license that covers the code and any GPL licensed copies or derivatives.

      If someone has a valid patent that WebM is infringing on, and is convinced by threats from Google not to sue, that doesn't make a difference - the code would be infringing and cannot be distributed under GPL v3.0.

    10. Re:And let's please remember by knarf · · Score: 2

      Video compression is a mature area and you have to fight teeth and nails get your IP in the standard (I attended the VCEG/MPEG standardization meetings for h264, I witnessed the blood first hand). The IP holders are huge companies http://en.wikipedia.org/wiki/MPEG_LA, and they have very decent research labs.These guys are not fucking around, they do their patent research before fighting to push their IP in.

      Just read again what you just wrote. A mature area... fight teeth and nails to get your IP into the standard... fighting to push your IP in

      The way you describe it, 'IP' is to technological progress what a virus is to an evolving organism: something that should be fought, 'tooth and nail', to be destroyed. Something that tries to hitch a ride on your success, attempting to leech sustenance without giving back. A parasite.

      --
      --frank[at]unternet.org
    11. Re:And let's please remember by wdef · · Score: 1

      And Apple and Microsoft will continue to use H.264 for the HTML5 video tag. Apple are always thinking about how to maintain their vertical grip on device + market so they can lock out competitors. So Apple want to drive HTML5 to hurt Adobe and they also don't want webm to succeed which would reduce royalty overheads. Apple devices have big enough margins to easily absorb proprietary codec royalty fees for H264/AAC whereas Android phones have much smaller margins and this is why Google want a free video codec. By supporting H264 and not webm, Apple uses its market presence to create demand for continued H264 content which means Android phones have to keep eating into their thin margins with royalty payments for H264, even if Flash were to disappear overnight. I don't think this is far fetched - Apple really do think this aggressively and this far ahead about ways of gaining advantage.

    12. Re:And let's please remember by Kjella · · Score: 1

      MPEG-LA does not seem to know what to do with h264 either. They keep pushing the "end of free license" period. We are safe until 2016 for now I believe. That is about when h265 should be finalized.

      They're still collecting plenty cash from all the people who want to produce H.264 content. They're just checking to see if they dominate the market so completely they can start double or triple-dipping, making people pay for both producing and streaming and viewing. The extensions mean "not yet", maybe they'll continue all the way through the last patent - I hear 2027 - but don't bet on it.

      --
      Live today, because you never know what tomorrow brings
    13. Re:And let's please remember by westlake · · Score: 1

      Apple devices have big enough margins to easily absorb proprietary codec royalty fees for H264/AAC whereas Android phones have much smaller margins and this is why Google want a free video codec

      The "Enterprise Cap" on H.264 royalties is $6.5 million a year.

      The maximum is 20 cents a unit on sales of 100,001 to 5 million units. 10 cents a unit above 5 million units. SUMMARY OF AVC/H.264 LICENSE TERMS

      These charges are spread across your entire product line.

  15. Is it a codec or a fake antivirus? by tepples · · Score: 1

    And previous versions of Windows can have it added with codec packs.

    How many fake antivirus "products" masquerade as codec packs?

    Chrome could well use the media layer in Windows for playback of any formats it does not support internally (it would make sense to do so).

    That would have two drawbacks:

    • Web developers testing their web sites would easily make the mistake of assuming that all other users can play the same video formats that the developer can play. But Windows Media in Windows XP, Windows Media in Windows Vista Home Basic, Windows Media in Windows 7 Starter, and GStreamer in GNU/Linux don't come with an H.264 decoder.
    • Codecs running in the browser's process might disclose or corrupt the browser's memory.
    • Even codecs that run in a separate wrapper process, as Firefox does with its plugin container, run the risk of end user confusion between legitimate codec packs and fake antivirus software.
    1. Re:Is it a codec or a fake antivirus? by Anonymous Coward · · Score: 0

      How many fake antivirus "products" masquerade as codec packs?

      None. They masquerade as antivirus products.

  16. Doctrine of equivalents by tepples · · Score: 2

    patents aren't judged by this "substantially" word you used

    "Substantially" in patentese is called the doctrine of equivalents. Perhaps that's what you were thinking of when you mentioned the possibility "that On2 skated too close to the line."

    1. Re:Doctrine of equivalents by arose · · Score: 1

      I wish this worked the other way as well. But no one seems to have problems with granting patents that do something substantially the same way as prior art.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  17. Burden of proof by tepples · · Score: 1

    But on whom is the burden of proof that the patent holder sat on his rights? If on the alleged infringer, then a small business may not be able to afford to claim this equitable defense.

  18. Told you so by Billly+Gates · · Score: 1

    For all those bashing Mozilla and Firefox for not supporting H.264 I have to say HA.

    Firefox did the right thing for turning it down regardless if it is part of HTML 5 due to patent reasons. Anyone saying "No, the MPAA are nice guys who would never sue us and the Firefox users are ideological socialists" have been proven that patents indeed suck.

  19. And that is how patents are promoting progress. by devent · · Score: 2

    And that is how patents are promoting progress. A company makes a clean room afford to come up with a new algorithm and tries in it's best to identify and not use any patents, and another company buys it and is releasing the algorithm under a free license to improve the life of everyone.

    The only way to advance in the field of video codes is a) be the lucky company which is in the patent pool or b) wait until all patents expire. How is that suppose to promote the technology again?

    --
    http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    1. Re:And that is how patents are promoting progress. by Anonymous Coward · · Score: 0

      In their current form, patents are simply enabling corporations in the IT business to squat on markets like old corporations could do in real life markets.
      They will occasionally let a little guy win to show the world that their propaganda is the truth, the net effect is that little guys are screwed like it always has been.

      Patents could be made to protect innovators, solutions of problems that can be reached by clean room implementations should not be upheld in patent litigation.

    2. Re:And that is how patents are promoting progress. by TheRaven64 · · Score: 1

      A company makes a clean room afford to come up with a new algorithm

      I'm assuming you mean effort when you say afford, but even then it's wrong. On2 did not make a clean room effort. VP8 is H.264 + some tweaks to avoid patents. They took the research of others and made some minor adjustments to avoid paying royalties. Whether you think the people doing the research should be compensated, or whether patents are a good form of compensating them, is still an issue, but let's not pretend that the On2 engineers sat on their own without access to the H.264 and worked out a completely independent design.

      --
      I am TheRaven on Soylent News
    3. Re:And that is how patents are promoting progress. by Carewolf · · Score: 1

      Since VP8 is somewhat older than H.264 I find that chain of events vert hard to believe... In fact I considered it logically impossible.

      More likely both formats are based on the same research. Real research done by real researchers, who usually work for universities and publish their research royalty free to meet their published articles count, and to advance their academic career. Just like 99% of all genuine advancements in computer science are made.

    4. Re:And that is how patents are promoting progress. by TheRaven64 · · Score: 1

      Since VP8 is somewhat older than H.264 I find that chain of events vert hard to believe... In fact I considered it logically impossible.

      Really? From Wikipedia:

      The standardization of the first version of H.264/AVC was completed in May 2003

      Also from Wikipedia:

      The development of the codec[VP8] was announced by On2 Technologies on September 13, 2008 to replace its predecessor, VP7.

      And again:

      On2 Technologies announced TrueMotion VP7 in January 2005.[1] The public release of VP7 codec software was available in March 2005

      And going further:

      The VP6 codec was introduced in May 2003.[1] In October 2003, On2 officially released its TrueMotion VP6 codec.[2]

      So, VP6 was developed at the same time the final H.264 standard was published. VP7 and VP8 were developed years later.

      --
      I am TheRaven on Soylent News
    5. Re:And that is how patents are promoting progress. by Carewolf · · Score: 1

      Some parts of H.264, especially the parts where it is better than VP8 are very very recent. H.264 is actually not just one standard. In the same way VP8 is the latest iteration of VP6.

      So compare VP6 to early H.264 or compare VP8 to equivalent recent H.264 versions. Even in the best cases they only come out even.

  20. MPEG2 patents going bye bye by Anonymous Coward · · Score: 0

    Last ditch effort by a failing company...

    Since the Mpeg2 patents are running out of time and that is Mpegla's bread and butter they need to find a new round of patents to keep their 44 employees fed.

  21. How attitude has changed by inglorion_on_the_net · · Score: 1

    It's interesting how attitudes have changed.

    I remember how, in the 1990s, the Unisys LZW patent was such a big deal that an alternative to GIF (PNG) was created, promoted, and support for it added to web browsers.

    Now, when we're talking about video in the 2010s, software patents are apparently such a non-issue that many people advocate going with H.264, despite patent restrictions. This while court battles are being fought over patents by some of the same companies who hold H.264 patents. Personally, I say we should have at least one standardized, supported video format that is not patent-encumbered. That way, we have somewhere to run if need be, and perhaps that will actually prevent the patent holders from going after us. It seems to have worked so far.

    --
    Please correct me if I got my facts wrong.
    1. Re:How attitude has changed by Lennie · · Score: 1

      The companies* involved in the W3C could not agree on a video codec, I still wonder if Google had completed their aqusition of On2 before the W3C discussions, would it have mattered ?

      Actually the IMG-tag also does not have anything in the specifications about BMP, XPM, JPEG, GIF or PNG so it isn't all that strange.

      * Of which some are obviously members of the MPEG LA, like Apple and Microsoft if I remember correctly.

      --
      New things are always on the horizon
    2. Re:How attitude has changed by TheRaven64 · · Score: 1

      The situation isn't totally equivalent. PNG was a lot better than GIF. It supported more colours and a full alpha channel and, usually, smaller files. Most people didn't adopt PNG because it was unpatented, they adopted it because it was better. GIF had no advantages over PNG other than support for animations - and people still use GIFs for simple animations today...

      --
      I am TheRaven on Soylent News
  22. software patents kill open source and innovation by BunnyPoo · · Score: 1

    as a developer, i used to relish the idea of creating a new product. Now, I wonder if I should ever post another one; I just cringe at the thought of all of the work I will put into it and will potentially face many lawsuits and pay out a lot in royalties to someone who did not contribute any work to my project, all because the US government granted a patent on what to me is a rather obvious idea. Worse yet, the more complex it is, the more likely I am to infringe. And even worse, if I make my project open source, I increase my risk dramatically since my methods are exposed for all to review and claim that they infringe on some patent buried deep in the annuls of the USPTO database. How do we make the government see how terrible this is for innovation in the USA?

  23. I was referring to the installer by tepples · · Score: 1

    Please pardon my imprecision. A fake AV product that has been installed masquerades as AV software. The installer for a fake AV product masquerades as the installer of a codec pack.

  24. MS/Linux 235 patents redux by Anonymous Coward · · Score: 0

    This reminds me of the 235 Microsoft patents that Linux infringes on.

    Presumably WebM will suffer the same fate that Linux did then?

  25. define awful by davidwr · · Score: 1

    For some, good is defined by small file size, everything else being equal.
    For some, good is defined by fast encoding, everything else being equal.
    For some, good is defined by fast decoding, everything else being equal.
    For some, good is defined by the fidelity of the decoded image as compared to the pre-encoded image.
    For some, good is defined by the visual appearance as seen by an average human observer.
    For some, it's a combination of the above.

    In other words, if you had codec A which had the best reproduction fidelity on the planet but took minutes per megapixel to encode and decode and a typical file size of 6+ bytes per pixel, and codec B which approximated JPEG with just short of enough compression that the human eye could detect "artifacts" within 2 seconds while looking at the image at "normal reading distance," some would say A was a better codec than B, and some would say B was better than A. They are both right. It depends on the application.

    You can make similar comparisons among motion-picture codecs and audio codecs as well.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:define awful by bhtooefr · · Score: 1

      OK, for the purposes that most people use video codecs for in 2011, those are awful codecs - either filesize is absolutely huge for what's considered reasonable quality now, or image quality is downright awful for what's considered reasonable size now.