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> 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
by 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 agoThere 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).