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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"Apple is part of the h.264 licensor group, so they are afraid of every alternative to h.264

That's rubbish. Apple's business does not depend on AVC licensing fees.
MS is in the same group as well. Is Apple now keen to give MS money? No.

With a patent in the pool, they supposely gain free use of the codec.
Any future competitor is either part of this group, or has to pay up, if they manage to declare h.264 the only generally accepted video codec standard in the industry.

It skews the production cost of gadgets like the iDevices: Apple doesn't have to pay for the codec, the average competing company has to pay or face losing some large markets (by not being able to sell to the US and probably elsewhere), while at the same time ensuring that the format is supported by codec functions in COTS chips.

I'm not sure how important the video editing market is for Apple, but the same applies there, too.

If Apple were to support a free codec, they'd essentially help their competitors (all of them, not just the other extortionists at MPEG-LA).

Given that they're already in the MPEG-LA pool, "supporting Microsoft" is probably a lesser evil from their point of view.

And over the years whenever a company rep was asked by they don't support Theora, the answer was often that the patent situation was too shady for them.

Why is that so? Because MPEG-LA (and Thomson before them with Vorbis) played the FUD card ("Surely there must be patents that cover that codec, no?")

If that Jobs mail is legit (which I doubt, BTW, because published Jobs mails are usually fake), then MPAG-LA calling for a patent pool is the best way to uncover patents and then let Xiph code around them.

And that's why that won't happen. The most they'd produce will be a "sample" of patents, so they can continue playing the FUD game with "all the other patents".
And even that would be a surprisingly heavy-handed move, given their (rather successful) modus operandi of the last years.

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