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Well, what if I decide to make a toy web application that works with video and I decide to use HTML5 video standard? Will I have to pay royalties only to serve

by zppx 17y ago

Well, what if I decide to make a toy web application that works with video and I decide to use HTML5 video standard? Will I have to pay royalties only to serve this webpage? And what if I put the source code of this application on github or any other repository that's open to anyone? And if I want to found a company that wants to make a living working with video online but nothing charging users directly, will I have to pay royalties only because every new user will expect that I should support the patented codec that he uses? Now, what's about that's is open?

tumult 17y ago
Well, what if I decide to make a toy web application that works with video and I decide to use HTML5 video standard? Nobody is going to come after you. You're not even worth their time. Is it stupid that technically this may be interpreted as a possibility under law? Yes, but that's the stupid country we live in. The same thing could happen with Theora if someone claimed to hold a patent covering it, and you'd be equally screwed. And what if I put the source code of this application on github or any other repository that's open to anyone? No problems there. And if I want to found a company that wants to make a living working with video online but nothing charging users directly, will I have to pay royalties only because every new user will expect that I should support the patented codec that he uses? Talk to your lawyer. You're a company, right? Now, what's about that's is open? The standard is open. You are free to implement it. The licensing terms are open. You are free to license it. You are not free to distribute implementations to users without licensing the technology that has been openly provided.
- ryandvm 17y ago
  > The same thing could happen with Theora if someone claimed to hold a patent covering it, and you'd be equally screwed. This is key. Theora is just as likely to be a patent target as h.264. You really can't do a competitive video codec right now without stepping on somebody's patent.
  - pbhjpbhj 17y ago
    There is a big difference between operating technology that is currently in use without being subject to patent proceedings and operating a technology one knows to be patented without a license. Ignorance is a defence here, particularly for end-users, as this is only potentially tortuous infringement and not criminal. Even for a major corp, if they can't be shown to have been aware of the patent then they can avoid a far greater penalty. You can be told to cease and desist on the basis of a submarine patent on Theora, for sure, but a compliant end-user losing money over this? Not a chance. Incidentally patents only cover commercial activity (at least in Europe).

by zppx 17y ago

tumult 17y ago

Well, what if I decide to make a toy web application that works with video and I decide to use HTML5 video standard? Nobody is going to come after you. You're not even worth their time. Is it stupid that technically this may be interpreted as a possibility under law? Yes, but that's the stupid country we live in. The same thing could happen with Theora if someone claimed to hold a patent covering it, and you'd be equally screwed. And what if I put the source code of this application on github or any other repository that's open to anyone? No problems there. And if I want to found a company that wants to make a living working with video online but nothing charging users directly, will I have to pay royalties only because every new user will expect that I should support the patented codec that he uses? Talk to your lawyer. You're a company, right? Now, what's about that's is open? The standard is open. You are free to implement it. The licensing terms are open. You are free to license it. You are not free to distribute implementations to users without licensing the technology that has been openly provided.

ryandvm 17y ago
> The same thing could happen with Theora if someone claimed to hold a patent covering it, and you'd be equally screwed. This is key. Theora is just as likely to be a patent target as h.264. You really can't do a competitive video codec right now without stepping on somebody's patent.
- pbhjpbhj 17y ago
  There is a big difference between operating technology that is currently in use without being subject to patent proceedings and operating a technology one knows to be patented without a license. Ignorance is a defence here, particularly for end-users, as this is only potentially tortuous infringement and not criminal. Even for a major corp, if they can't be shown to have been aware of the patent then they can avoid a far greater penalty. You can be told to cease and desist on the basis of a submarine patent on Theora, for sure, but a compliant end-user losing money over this? Not a chance. Incidentally patents only cover commercial activity (at least in Europe).