Linked by Thom Holwerda on Sun 31st Jan 2010 14:20 UTC, submitted by lemur2
Internet & Networking Despite the recent interest in adopting HTML5's video tag, there is still one major problem: there is no mandated standard video codec for the video tag. The two main contestants are the proprietary and patended h264, and the open and free Theora. In a comment on an article about this problematic situation, LWN reader Trelane posted an email exchange he had with MPEG-LA, which should further cement Theora as the obvious choice.
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RE[2]: costs
by _LH_ on Tue 2nd Feb 2010 07:18 UTC in reply to "RE: costs"
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There is the point, as has already been mentioned more than once on this thread, that Theora is based on the VP3 codec, and that have obtained an irrevocable royalty-free license for the VP3 patents so that they can develop and distribute Theora.

You read it right ... Theora itself is based on patented technology. On2 are the owners of that patent.

Well, On2 is the only known owner of Theora related patents. You can't patent a video codec as is and get a stamp of approval from USPTO that this is the one and only patent covering the codec.

What you can do is to patent parts of codec and maybe some relations between the parts but you can't sort of patent it all. Besides, a video codec is very likely to include some well-known parts such as DCT and motion estimation which you even can't patent because of prior art or existing patents.

This makes it quite likely (not in this specific case but generally) that even if you had some patents on your product, it doesn't mean that it wouldn't violate somebody else's older patents. Besides even your patents could be invalid because USPTO generally does a lousy job and many patents are invalided later by a court.

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