Linked by Thom Holwerda on Fri 30th Apr 2010 21:40 UTC, submitted by Helge
Legal Well, this certainly explains a whole lot. Both Apple and Microsoft have stated that the legality of Theora is highly debatable, and as it turns out, they knew more than we do - most likely courtesy of their close involvement with the MPEG-LA. Responding to an email from Free Software Foundation Europe activist Hugo Roy, Steve Jobs has stated that a patent pool is being assembled to go after Theora. Update: Monty Montgomery of Xiph (Ogg and Theora's parent organisation) has responded on Slashdot: "If Jobs's email is genuine, this is a powerful public gaffe ('All video codecs are covered by patents'). He'd be confirming MPEG's assertion in plain language anyone can understand. It would only strengthen the pushback against software patents and add to Apple's increasing PR mess. Macbooks and iPads may be pretty sweet, but creative individuals don't really like to give their business to jackbooted thugs."
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RE[3]: H264 is the future
by lemur2 on Sat 1st May 2010 08:39 UTC in reply to "RE[2]: H264 is the future"
lemur2
Member since:
2007-02-17

"VP3 (Theora) of which VP8 is a descendant predates H.264.

If there are any patents surrounding Theora, Google now own them.


On what basis do you assume that? you assume that none of those, inadvertently, on patents held by third parties? the patent world is such a minefield it wouldn't surprise me that if you wrote a 100,000 line application that it doesn't at least step on a couple of patents inadvertently. One only needs to look at the numerous patents Microsoft has tripped over when developing - patents whose language is so broad almost anything you could imagine would get covered by it. I don't blame, therefore, vendors being weary of Theora or any claimed-to-be-patent-free project when there is the risk there that they don't wish to take.
"

VP3 pre-dates H264, and VP3 is itself patented.

If there is some technology which h2464 also uses, and it turns out that has been patented twice, the the USPTO has made an error as they are not supposed to award two patents for the same methods.

If USPTO has made an error and there are in fact two patents covering the same method ... the older one will prevail.

This gives the advantage to VP3, not H264.

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