Linked by Thom Holwerda on Thu 25th Mar 2010 11:55 UTC
Multimedia, AV And so the H264/Theora debate concerning HTML5 video continues. The most recent entry into the discussion comes from John Gruber, who argues that Theora is more in danger of patent litigation than H264. He's wrong, and here's why.
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pgeorgi
Member since:
2010-02-18

Submarine patents aren't that interesting anymore, for the reasons stated.

There's another category of patents that _both_ Theora and all MPEG codecs might get in trouble with: independent patents.

See what Sisvel does with MP3. That's not a submarine patent issue, it's simply a patent by someone who decided not to participate in MPEG-LA licensing.

The same can happen to h.264 or to Theora. And neither Xiph.org nor MPEG-LA will indemnify you against that - how could they indemnify you against a patent holder that (discriminately, as is their right) forbids you from using their patent at all?

Unless there's some actual infringement on MPEG-LA patents by Theora (which they can't substantiate for 10 years now), MPEG costs money, Theora does not, and the risks are about the same.

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