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."
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.
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.