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Nokia Officially Lists Patents Google's VP8 Allegedly Infringes

An anonymous reader writes "Google just settled video codec patent claims with MPEG LA and its VP8 format, which it wants to be elevated to an Internet standard, already faces the next round of patent infringement allegations. Nokia submitted an IPR declaration to the Internet Engineering Task Force listing 64 issued patents and 22 pending patent applications it believes are essential to VP8. To add insult to injury, Nokia's declaration to the IETF says NO to royalty-free licensing and also NO to FRAND (fair, reasonable and non-discriminatory) licensing. Nokia reserves the right to sue over VP8 and to seek sales bans without necessarily negotiating a license deal. Two of the 86 declared IPRs are already being asserted in Mannheim, Germany, where Nokia is suing HTC in numerous patent infringement cases. A first VP8-related trial took place on March 8 and the next one is scheduled for June 14. In related Nokia-Google patent news, the Finns are trying to obtain a U.S. import ban against HTC to force it to disable tethering (or, more likely, to pay up)."

43 of 180 comments (clear)

  1. I hope Nokia's lawyers wreaks havoc by Anonymous Coward · · Score: 2, Insightful

    Maybe then, the US Congress will finally take notice and do something serious about patent reform.

    1. Re:I hope Nokia's lawyers wreaks havoc by symbolset · · Score: 2

      The winning strategy has never been to list the patents up front. As long as they do that, people will now go about invalidating them. VP8 was already designed to work around patent restricions - one of the few software projects to take that strategy.

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    2. Re:I hope Nokia's lawyers wreaks havoc by Carewolf · · Score: 5, Insightful

      The winning strategy has never been to list the patents up front.

      Well, the FUD strategy has been to never list the patents. If you actually do have patents there is no good reason not to list them. One of the big problems with software patents is exactly that they can be so broad that working around them is actually impossible.

    3. Re:I hope Nokia's lawyers wreaks havoc by larry+bagina · · Score: 2

      There seems to be a lot of confusion about what MPEG LA is and isn't. They're a patent pool. They don't own any patents themselves, they just make it simple to license out a large basket of many (but not all) H.264 patents (one of the conditions is that you also put your own H.264 patents into the pool). You could go out and negotiate patent licenses from the original holders if so inclined.

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    4. Re:I hope Nokia's lawyers wreaks havoc by ozmanjusri · · Score: 4, Insightful

      This is still a FUD-filled article.

      If you look at the list, the 86 patents turn out to be just a few basic concepts, with each patent obtained in multiple jurisdictions.

      It appears Florian Muller is preparing to resume his old SCO role as Microsoft-sponsored pundit.

      --
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    5. Re:I hope Nokia's lawyers wreaks havoc by steveha · · Score: 5, Insightful

      patent infringement is an almost certainty.

      I'm not a lawyer, but I think I am "anyone who follows codecs" and I'm not as sure of this as you are.

      A lot of patents are very narrow. Many of the famous software patents, like One-Click, are disturbingly broad, but many of the patents related to video compression are narrow. The VP8 strategy, as I understand it, was to study the patents and make sure that everything in VP8 was just different enough that it doesn't infringe.

      This means that VP8 is an inferior codec compared to H.264; some of the patented techniques really are better. However, it should be a "good enough" codec for most purposes.

      Their "work around" was to give identical technologies different names and put their fingers into their ears screaming "LA LA LA LA LA" denying any patent infringement.

      -1, flamebait.

      When they realized this wasn't going to work, Google finally licensed the patents from MPEG LA.

      I don't purport to have a secret pipeline into Google management and be able to tell what they were thinking. Do you have such a secret pipeline?

      An equally workable summary is: Google had an opportunity to throw a few dollars at MPEG-LA and end the FUD forever, and they did so. Even if Google was convinced they could win on the merits in court, it was worth something to just make the problems vanish.

      Note that Google specifically has not agreed that there was any patent infringement:

      "This agreement is not an acknowledgment that the licensed techniques read on VP8. The purpose of this agreement is meant to provide further and stronger reassurance to implementors of VP8," said Google executive Serge Lachapelle in a post on a forum.

      Source: http://www.pcworld.com/article/2030241/google-licenses-video-codec-from-mpeg-la-to-bolster-vp8.html

      P.S. I am somewhat bemused by your tone. It seems you are eager to see VP8 get shackled by patents... why is that? Are you so certain that Google is a bad actor here that you just want to see Google get punished? Or do you hate freedom, or what exactly?

      Please for one moment stipulate that VP8 contains technologies that are just enough different from the patents that they don't infringe... would you still have a problem with VP8 in that case?

      MPEG-LA has claimed that it is impossible to make a video codec without infringing patents, because all the fundamental technologies are patented... is this, in your opinion, a good situation?

      I'm personally cheering for Google in all this. They spent over $100 million to buy On2, just so they could set VP8 free. As far as I can tell, they did this for two reasons:

      • So they could ensure that their costs would not skyrocket on YouTube. They weren't looking forward to choosing between paying possibly-ruinous patent royalties, or using lame video codecs and burning far too much bandwidth.
      • To help keep us all a bit more free. Lots of the people who work at Google are geeks like us and value freedom as we do.
      --
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    6. Re:I hope Nokia's lawyers wreaks havoc by caspy7 · · Score: 3, Interesting

      The more interesting (though not entirely surprising) bit from this news is that MPEG LA might not actually own all the patents required for H.264 to work.

      In which case it might be in MPEG LA's interest to work to invalidate the patents.

    7. Re:I hope Nokia's lawyers wreaks havoc by isdnip · · Score: 2, Insightful

      Sad but apparently true. Microsoftie Steven Elop took over the reins at Nokia a couple of years ago, abandoned their Linux plans and other OSs, and declared that the company would stake its future on Windows Phone. Which Nokia now makes, not that it's a big hit. So the struggling company will happily swim in Microsoft's spit as it hopes to rely on them for a lifeline.

      It won't work in the long term either. Microsoft has no strategic partners, only strategic victims.

    8. Re:I hope Nokia's lawyers wreaks havoc by mabhatter654 · · Score: 3, Informative

      Since you said it:

      Dell just went private because they have LOST so much share they didn't want to stay public. Looks like it was Mike that was paying back the stockholders,.. Not Steve, ouch.

      Lenovo, IBM outsourced PC maker that IBM finally just gave up trying to make money on.

      HP has bought Compaq and several other brands trying to stay solvent making PCs and gone through how many CEOs?

      Lastly, Samsung and Acer are only on the game because they WERE the CHEAP LABOR 10 years ago, and now as OEMs they had enough parts and/or assembly tied up to bring their own brand when the First String players all went under. They are bodies and screwdrivers, nothing more.

      Of this whole list only two companies (HP & Dell) have ever had any input at all into WRITING SOFTWARE that is important enough to Microsoft Windows to make the copyright blurb. The rest of the parties build boxes and put its good enough effort into making the machines boot up properly.. Microsoft or chipmakers do all the rest. Only Dell and HP were ever vaguely "partners" the rest were BENEATH MS customer status a very long time they built boxes.

    9. Re:I hope Nokia's lawyers wreaks havoc by gd2shoe · · Score: 2

      Just another example of why Slashdot needs to get rid of ACs, if they don't have the balls to stand by their comments they should probably STFU.

      Nah, we'd just have more sock-puppets. At least this way we've got a really good clue about which posts are probably shallow (or outright inflammatory).

      (Disclaimer, I do use AC from time to time, but not for trolling.)

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  2. A change of business model for Nokia? by digitig · · Score: 3, Interesting

    The making-and-selling-mobile-phones business model hasn't been working so well for Nokia of late. so maybe they're switching to SCO's business model.

    --
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    1. Re:A change of business model for Nokia? by Anonymous Coward · · Score: 4, Informative

      "What Nokia is doing here is simply the normal course of business if a patent holder (Nokia) does not share the vision of another company (Google) with respect to a proposed standard and reserves all rights. What motivation could Nokia possibly have to donate something to a Google initiative? None. No motivation, no obligation, no license. Simple as that"

      quoted from http://www.fosspatents.com/2013/03/setback-for-googles-vp8-nokia-refuses.html

    2. Re:A change of business model for Nokia? by Samantha+Wright · · Score: 2, Insightful

      Yuck. Kinda makes you wonder how many other companies MS will puppet in the same way before they go under.

      --
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    3. Re:A change of business model for Nokia? by Trepidity · · Score: 3, Interesting

      Could be quite bad if they do. Nokia's set of patents is a lot larger than SCO's was, and covers more recent things.

    4. Re:A change of business model for Nokia? by Karzz1 · · Score: 3, Informative

      I don't recall there ever being a patent argument in any of the SCO cases. All I recall are copyright infringement claims.

      Wikipedia agrees with this.

      From the previously linked article:

      SCO has not claimed patent infringement, as according to the US Patent and Trademark Office database, no AT&T or Novell patent was ever assigned to SCO.

      ....Microsoft paid SCO $6M (USD) in May 2003 for a license to "Unix and Unix-related patents", despite the lack of Unix-related patents owned by SCO.

      If you are aware of SCO owned patents, please do tell.

      --
      Beware of he who would deny you access to information, for in his heart he dreams himself your master.
    5. Re:A change of business model for Nokia? by fsterman · · Score: 4, Insightful

      Renaming the invisible product doesn't make it any less of a bullshit argument.

      --
      Is there anything better than clicking through Microsoft ads on Slashdot?
    6. Re:A change of business model for Nokia? by Samantha+Wright · · Score: 3, Insightful

      Well, first, I'd think decades, surely, giving MS ample time to screw around; and second, I meant before the puppet companies go under. Caldera/SCO had lost something like 90% of its stock value a year or two before they started their campaign against Linux.

      --
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    7. Re:A change of business model for Nokia? by node+3 · · Score: 2

      And calling them both "invisible" doesn't make them the same, nor does it make them bullshit.

    8. Re:A change of business model for Nokia? by viperidaenz · · Score: 2

      ... But probably mostly because their lawyers want more money.

  3. A patent on tethering? by russotto · · Score: 4, Interesting

    So Nokia apparently has some trash "routing data from one network to another ON A MOBILE DEVICE" patent, and Florian Mueller is breathless about it. What's new?

  4. Not possible! by Anonymous Coward · · Score: 3, Funny

    Google said that VP8 is patent free!

    1. Re: Not possible! by Anonymous Coward · · Score: 2, Insightful

      Google said that Google Wave is the future of email.

      Yeah. Right.

  5. Re:Who is behind these Finns? by forkazoo · · Score: 5, Interesting

    Microsoft. Basically, when Elop took over, Nokia became an MS Vassal. That's when they dumped the world's most popular phone OS and their internal modern OS development projects for Windows Phone, and why Windows Phone ads use Nokia phones. It's basically the same play they ran when they got SGI to start building NT workstations. And, not that far off from the investments in SCO to enable the fight against Linux. Note that the MS Vassal is actively using their patent portfolio specifically to fight one of Google's strategic plays, despite the fact that a phone vendor that has given up on OS development would probably do much better if they added Android to their phone portfolio.

  6. WARNING - Shill is the main information source by Curupira · · Score: 5, Informative

    Almost every single link in the summary leads to fosspatents.com, home of the infamous shill Florian Mueller. I guess I'll wait for more credible sources, thanks.

    1. Re:WARNING - Shill is the main information source by halivar · · Score: 3, Funny

      Florian, you forgot to log in.

  7. It's official by sjames · · Score: 2

    SCOkia is going belly up!

  8. Jesus! by Anonymous Coward · · Score: 3, Insightful

    Enough of this shit. You want to know what hurts innovation? Shit like this. No one knows what petty (or even not petty) patents they're going to infringe upon if they try to make anything, so they just don't bother.

  9. Re:Who is behind these Finns? by r1348 · · Score: 3, Insightful

    Nokia is now, by all extents, a Microsoft proxy.

  10. "anonymous reader"... sure. by eddy · · Score: 5, Insightful

    Can someone please change the "anonymous reader writes" to "The paid shill Florian Mueller? Thanks.

    --
    Belief is the currency of delusion.
  11. Re:Correct me if I'm wrong but... by Luckyo · · Score: 4, Interesting

    Nokia has been in phone business and phone related software business since the start. One could argue that they started the business in the first place and would be at least partially right.

    They most definitely hold at least some patents that came to be before google was formed. And a whole lot more from time after google was formed but before it purchased android.

    The problem is how they are choosing to use them. Normally you'd just negociate a licensing agreement and be done with it. But here, they're actually patent trolling. "We don't share the vision and do not want to help". So we sue to block. Ouch.

    That's not the way nokia of old got to be on top. Elop and his microsoftism shines through.

  12. Hey Florian! by symbolset · · Score: 3, Insightful

    How is consulting for Microsoft and Oracle working out?

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    Help stamp out iliturcy.
  13. Re:Correct me if I'm wrong but... by Charliemopps · · Score: 4, Insightful

    I think at this point, we can all look back on their history and realize that patents suck. Their concept was noble... protect the new inventor from having his invention stolen by a large corporation. But in practice, that happens anyway. Whomever has the most money for lawyers wins. The inventor of something is completely irrelevant at this point. Patents are nothing more than a legal artifice used by corporations to siphon money from one another. So lets just give it up, drop patent law and see how it goes. It can't be any worse than what we have now.

  14. Real Patent Reform by slacka · · Score: 3, Insightful

    Wow! Back in 1999 after I purchased my first cellphone, one of the first things I did was to investigate how to connect it to my laptop to give me a mobile modem. Sure enough there was serial cable I could buy for it.

    I don't care how early Nokia was to enter the mobile phone market. There is no way they should be able to patent any part this process. I'd rather have no patents at all than grant a 20 year monopoly to some company for tacking "on a mobile device" to some obvious idea like tethering.

    We need real patent reform like:
    * Eliminating Software patents
    * Fix the "obviousness test" and throw out all the existing ones that fail to meet this standard.
    * No patents granted to logical evolution of current technology like tethering
    * Grant a theoretical patent (i.e. where invention has not yet been realized) for no more than 7 years
    * Allow a patent extension/modification upon successful invention
    * Mechanical and physics-technology patents should last no more than 15 years

  15. Re:Correct me if I'm wrong but... by the+eric+conspiracy · · Score: 2

    Nokia is not a patent troll by any reasonable definition. They are a practicing entity who developed their own technology and has been in this from the beginning.

    Patent trolls rarely sue to block. As non-practicing entities there would be no commercial reason for that sort of behavior.

    This is going to be a mess unless Google just buys Nokia.

  16. Re:Correct me if I'm wrong but... by jcdr · · Score: 3, Interesting

    Nokia is not a patent troll by any reasonable definition.

    This was certainly true for a long part of the Nokia history. But the actual Nokia is something that have lost an extremely large amount of connections with the Nokia "mobile phone world leader" of the past. We are now forced to take notice that the actual Nokia is more and more close to the definition of patent troll. The latest new just confirm this trend.

  17. Re:Nokia = Microsoft, VP8 = H264 knock-off by fsterman · · Score: 4, Informative

    I know I am not supposed to feed it, but just in case...

    Second, When MPEG LA first announced the VP8 pool formation, a rush of companies applied to be in the pool, partly because everyone wanted to see what everyone else had. That gave way to some amount of disappointment. And by 'some amount' I mean 'rather a lot really, more than the MPEG-LA would care to admit.'

    Eventually, things whittled down to a few holdouts. Those '11 patent holders' do not assert they have patents that cover the spec. They said '_may_ cover'. The press release itself repeats this. Then these patent holders said 'and we're willing to make that vague threat go away for a little cash'. Google paid the cash. This is what lawyers do.

    That's why it's a huge newsworthy deal when companies like NewEgg actually take the more expensive out and litigate a patent. It is always more expensive than settling, even if you'd win the case, and very few companies are willing or able to do it. Google was probably able, but not willing.

    As for the quality stuff, WebM is close enough that it doesn't matter. We could argue details of that point, but the real reason Google is doing this is because the use cases for a web-centric codec are VERY different than the use cases for Hollywood and broadcast media. For example, web programmers don't care about encoding speed, we care about battery usage on cell-phones.

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  18. Re:Correct me if I'm wrong but... by Lennie · · Score: 2

    Let's see I looked at the one patent filed in my country. Patent filed at 2001, granted in 2011, valid to 2021.

    What I hate the most is these hidden patents which are first filed, but they delay it for as long as possible (so they also remain hidden) and 10 years (!) later they get granted and are valid an other 10 years.

    VP7 is from 2005, VP6 is from 2003, VP5 is from 2002. All based on TrueMotion S created in 1995 or so.

    --
    New things are always on the horizon
  19. Re:Who is behind these Finns? by Anonymous Coward · · Score: 3, Informative

    That's when they dumped the world's most popular phone OS and their internal modern OS development projects for Windows Phone

    When they dumped Symbian it was the *FORMER* world's most popular phone OS - Android had already dethroned Symbian when Nokia switched to Windows Phone.

    No. Android was not even close to Symbian at that time.

    As for MeeGo - would it have taken off? Maybe, but probably not. And the hardware it launched with was decidedly not modern at the time, which was perhaps a reason Nokia killed it. If they couldn't keep up with SoC developments, they would never manage to catch up to the competition.

    Meego hat much better changes than Windows Phone (which did not take off and still does not sell anywhere close to what Symbian was selling in the past
    in a much smaller market.). What ever you are mumbling here about SoC development does not make any sense considering that Linux supports much more
    hardware than Windows Phone.

  20. Re:Who is behind these Finns? by Anonymous Coward · · Score: 3, Informative

    You are kidding right? The Maemo / Meego N900 and N97 received great reviews by people who actually used them.

    Pity there was fuck all advertising and then Elop came along.

  21. Re:Nokia and HTC should merge... by Ceriel+Nosforit · · Score: 2

    Don't kid yourself. That yacht is the form of the insanity that his anti-cancer and anti-boredom drugs caused. Ugly as sin.

    --
    All rites reversed 2010
  22. Re:Correct me if I'm wrong but... by SpzToid · · Score: 4, Insightful

    Methinks both the eric conspiracy and jcdr are correct in their assertions. Nokia of late, under Elop is has both business models in use at the moment: selling phones to the developing world *and* patent trolling.

    This btw is the same guy that sold the Nokia headquarters building, while agreeing to lease it back long-term.

    He closed several factories in Europe, sending production (and build-quality) to Asia.

    He's has and is paid many millions, although he's only been with the company just a few years. Coincidentally he came from Microsoft with millions of MS shares in the bank. He's Ballmer's Tool.

    --
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  23. Submarine patents -- disgusting! by backslashdot · · Score: 4, Insightful

    Country:US:Filing date:19.01.2001, Filing number:09/766035, Pub.number:20010017944, Grant number:NA

    It's disgusting they have patents filed in 2001 that are still pending that means they have will have a monopoly on that particular invention until abotu 2030, due to a loophole in the patent law that states that if the patent takes longer than 2 years to grant .. the time until the actual grant date doesn't count. This allows companies to extract royalties for 30 to even 40 years, especially if they had other patents that were granted for a particular type of technology.

    The US Patent Office is to blame for this mess!!!

  24. Re:Who is behind these Finns? by TheRaven64 · · Score: 2

    When they dumped Symbian it was the *FORMER* world's most popular phone OS

    That depends on when you count the dumping. Nokia had a problem that they had an OS kernel (EXA2) that was beautifully designed for mobile devices, but had a userland that was somewhat archaic and designed to work around hardware limitations that didn't really exist anymore. Their solution was to throw away the kernel and replace it with Linux. They'd already begun relegating Symbian to the low end before Android was released. They had multiple strategies internally, none of which was working and all of which were competing.

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