Linked by Thom Holwerda on Sun 31st Jan 2010 14:20 UTC, submitted by lemur2
Thread beginning with comment 407139
To view parent comment, click here.
To read all comments associated with this story, please click here.
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[4]: Apple has a lot of mindshare in creative circles
by lemur2 on Sun 31st Jan 2010 23:13
in reply to "RE[3]: Apple has a lot of mindshare in creative circles"
Well, Theora is *not* VP3. The VP3 patent situation is well and clearly defined. Theora is *based from* VP3, so the VP3 portions and technologies are in the clear but what about anything developed in addition to them? VP3 is where Theora came from, but it differs considerably from baseline VP3 now. Still, I think that needs to get resolved one way or another. I would have thought, if Theora does infringe on any patents now, the infringed party would've gone after it if for no other reason than to get some of the publicity Theora is getting around the HTML 5 issue. I doubt Theora infringes on any more patents than any software program does these days. If you look hard enough you can find a patent for *any* common convention used in software today.
VP3 is an older codec technology.
If the USPTO made a mistake, and granted a patent to a member of MPEG LA for something that was also already covered by the VP3 technology ... then in all likelihood the VP3 patent grant would be the earlier one, and therefore the valid one.
Also, patents are granted based on "inventions". The fact that the Theora code is now considerably advanced over the original VP3 codec is not important, as long as Theora still implements the same "invention".




Member since:
2008-07-15
Well, Theora is *not* VP3. The VP3 patent situation is well and clearly defined. Theora is *based from* VP3, so the VP3 portions and technologies are in the clear but what about anything developed in addition to them? VP3 is where Theora came from, but it differs considerably from baseline VP3 now.
Still, I think that needs to get resolved one way or another. I would have thought, if Theora does infringe on any patents now, the infringed party would've gone after it if for no other reason than to get some of the publicity Theora is getting around the HTML 5 issue. I doubt Theora infringes on any more patents than any software program does these days. If you look hard enough you can find a patent for *any* common convention used in software today.