Linked by Thom Holwerda on Tue 26th Apr 2011 11:48 UTC, submitted by Elv13
Multimedia, AV And the fight continues. Only a few months after the desperate move by the MPEG-LA to get anyone - anyone - to submit patents to a possible WebM patent pool, Google and the WebM community have struck back. A whole slew of major companies have formed the WebM Community Cross-License initiative, basically a sort-of Open Invention Network for WebM.
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RE[2]: Patent retaliation
by lemur2 on Tue 26th Apr 2011 23:31 UTC in reply to "RE: Patent retaliation"
lemur2
Member since:
2007-02-17

"The patent holders who hold patents in the MPEG LA pool will never have approached Google at any point and tried to negotiate a deal. Isn't this a clear-cut slam-dunk case of tortious interference?
No, it isn't.. Google just lost a lawsuit (*) for using Linux which is claimed to use a patented algorithm, AFAIK the patent troll never tried to contact Linux developpers, yet he won the lawsuit, so I doubt very much that he was legally obliged to do so. "

In this case (which was very weak and should have been rejected) the patent holder tried to negotiate with the company (Google) who were distributing the product which was claimed to infringe.

In the case of a company submitting a patent to MPEG LA pool for WebM and MPEG LA going after some user of WebM at no stage did the patent hold try to negotiate with Google (who are the owners and distributors of WebM).

"Aren't patent holders who believe they have a patent which reads on WebM supposed to approach Google first?
No they aren't, please show me the law who say that they have to do so.. And 'being under investigation' is very different from 'being convicted of'. Come on, I despise MPEG LA too, but inventing laws won't help here. "

Annti-trust law is meant to prevent companies/organisations holding a dominant position from seeking to create or maintain a monopoly by interfering with competing products. This law would most assuredly apply in this situation to MPEG LA.

MPEG LA have actually in the past sought an exemption from anti-trust law, and they were given very short shrift by the administration.

Edited 2011-04-26 23:46 UTC

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