[Open-graphics] Re: Patents

James Richard Tyrer tyrerj at acm.org
Wed Sep 6 13:13:40 EDT 2006


Lance Hanlen wrote:
> On 9/6/06, Lourens Veen <lourens at rainbowdesert.net> wrote:
>> On Tuesday 05 September 2006 19:47, Lance Hanlen wrote:
>> > On 9/5/06, Lourens Veen <lourens at rainbowdesert.net> wrote:
>> > > On Thursday 31 August 2006 19:51, Lance Hanlen wrote:
>> > > > I realized you're absolutely right to be suspicious of patents.
>> > >
>> > > As an additional argument:
>> > > http://news.bbc.co.uk/2/hi/technology/5312696.stm
>> >
>> > This is extremely interesting! I have often pontificated that any
>> > algorithm can be "improved" past its patented version. If these guys
>> > really did find a way to beat the MP3 standard, and they can win, all
>> > our patent worries are over! We just keep improving things :D
>>
>> Well, that's one of the points of the patent system. The problem is that
>> many patents (probably including the MP3 ones) start with very broad
>> claims that will never hold up anyway (e.g. "apparatus for representing
>> data representing audio in a compact manner") and then narrow it down
>> to more specific claims about how they do that. The patent office
>> accepts these patents, and anyone infringing them by doing more or less
>> the same in a different manner will first have to go to court to get a
>> judge to dismiss the broader claims, possibly uphold the narrower
>> claims, and then decide whether the new implementation infringes upon
>> the claims that are left. That takes a lot of time and money...
>>
>> Lourens
>>
>>
>>
> I read somewhere that the first corporations were formed so that
> people could build a bridge to cross a river. Things have changed, and
> I don't think patents are going to be very important in their original
> mandate to restrict intellectual property. In any case, I don't think
> there's any danger in developing MPEG4 and Theora codecs. There won't
> be any patent issues that can't be overcome.
> 
There is no problem with MPEG4.  They will grant anyone a license and 
there is no charge for the first 50K units per year.  There is a small 
royalty per unit after that.  If MP3 were like that, there would be no 
problem either.  I would be happy to send Thompson my $2.50 for an MP3 
license but they have a rather high minimum.

IIUC, the AAC is licensed in a reasonable manner like MPEG4 and Apple 
uses AAC so one would think that competition would force Thompson to 
revise their royalty system.

-- 
JRT


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