Linked by Thom Holwerda on Mon 25th Mar 2013 21:09 UTC
Legal Late last week, Nokia dropped what many consider to be a bomb on the WebM project: a list of patents that VP8 supposedly infringes in the form of an IETF IPR declaration. The list has made the rounds around the web, often reported as proof that VP8 infringes upon Nokia's patents. All this stuff rang a bell. Haven't we been here before? Yup, we have, with another open source codec called Opus. Qualcomm and Huawei made the same claims as Nokia did, but they turned out to be complete bogus. As it turns out, this is standard practice in the dirty business of the patent licensing industry.
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RE[5]: Big picture...
by moondevil on Tue 26th Mar 2013 14:30 UTC in reply to "RE[4]: Big picture..."
moondevil
Member since:
2005-07-08

"This is an advantage of commercial software over open source.


Well, aside from making very little sense of mixing two orthogonal properties in a kind of comparison (one being about productising, the other one being about code licensing), I'd rather say the other way around.

A developer commericializing a patented technology is more likely to be sued by patent holders then one not doing so. Whether the software in question is open source or not doesn't change much.
"


What I meant is that with commercial software you don't get to see how something got implemented, as such it is hard to come with arguments to sue a given company.

Take Oracle vs Java case, Oracle got Android's source code and used it as starting point for their case.

Of course, even commercial software is not free of being sued based on the L&F of a given application or using unlicensed APIs or protocols.

With open source, you can get patent trolls going through the code and trying to find situations that they can leverage for patents. SCO's case for example.

They just need to raise the doubt that the software might break the patents. If the community cannot support a court case, they win.

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