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.
Thread beginning with comment 556690
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[6]: Big picture...
by galvanash on Tue 26th Mar 2013 14:34 UTC in reply to "RE[5]: Big picture..."
galvanash
Member since:
2006-01-25

He didn't say that.

More pointing out that this will continue to go on as long as these patents are around and it doesn't happen nearly as often in commercial software.


That is completely the opposite of reality. Commercial software ends up in patent litigation FAR more often than open source software. Why on earth would you think it is the other way around???

...and even if that were not true... The issue here is not that the software is open - it is that it is being backed by a commercial entity with a bank roll and an agenda. Community backed OSS (the far more common scenario) is virtually immune to patent litigation. There is no one with money to get a judgement from, and even if there were try getting a court to calculate damages when the infringing product is free and there are no profits to go after...

Sorry, but the patent problem is ignored by most of the OSS world - it is commercial entities that are suffering with this problem.

Reply Parent Score: 4

RE[7]: Big picture...
by lucas_maximus on Tue 26th Mar 2013 15:53 in reply to "RE[6]: Big picture..."
lucas_maximus Member since:
2009-08-18

Any like statistics on this?

What happens if it isn't backed by a big commercial entity? What happens then.

Anyway I live in sensible countries where there isn't software patents, there is copyright which is all that is really needed.

Edited 2013-03-26 15:55 UTC

Reply Parent Score: 2

RE[8]: Big picture...
by galvanash on Tue 26th Mar 2013 16:25 in reply to "RE[7]: Big picture..."
galvanash Member since:
2006-01-25

Any like statistics on this?


No, but do I need any? Isn't this obvious when you think about it. Name a patent lawsuit filed against a non-commercial entity...

Im not saying OSS is never involved with patent litigation... What I am saying is unless there is a commercial entity to sue (whether it be a significant contributor to the project or even just an end user) then no one files suit. Google gets sued. Autozone gets sued. DaimlerChrysler gets sued. OSS Projects rarely if ever get sued.

Even in this case with Google... On2 could have been sued at any time over the course of the last 20 years for their various codecs leading up to VP8. The reason there were no lawsuits wasn't that they didn't infringe, it was because there was no money in it (they were small potatoes).

Im not saying they did infringe either - Im saying it really doesn't matter much one way or the other unless you have enough money to be worth shaking down.

What happens if it isn't backed by a big commercial entity? What happens then.


Usually nothing. That is my point.

Anyway I live in sensible countries where there isn't software patents, there is copyright which is all that is really needed.


If only that were true in the US...

Reply Parent Score: 2

RE[8]: Big picture...
by Thaylin on Tue 26th Mar 2013 16:55 in reply to "RE[7]: Big picture..."
Thaylin Member since:
2013-03-26

If it is not backed by a big name there are plenty of third parties that will help you defend it, such as the FSF.

Reply Parent Score: 2

RE[7]: Big picture...
by 1c3d0g on Tue 26th Mar 2013 16:23 in reply to "RE[6]: Big picture..."
1c3d0g Member since:
2005-07-06

galvanash: save your breath. Everybody can see that you are 100% right and stating the obvious. Unfortunately, there's no use arguing against stupidity, which I may say, is fairly pervasive in this thread... ;)

Reply Parent Score: 1

RE[8]: Big picture...
by lucas_maximus on Tue 26th Mar 2013 20:49 in reply to "RE[7]: Big picture..."
lucas_maximus Member since:
2009-08-18

If you want to argue, argue against my points.

Reply Parent Score: 2