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But the patents don't cover the process of making the files available to the public via HTTP supported by ads -- it would appear that these restrictions on that

by blasdel 17y ago

But the patents don't cover the process of making the files available to the public via HTTP supported by ads -- it would appear that these restrictions on that are a novelty of MPEG-LA's standard contracts for licensing the patents. They're obviously enforceable on the organizations that entered into those licensing agreements directly, but what if I bought an licensed encoder off the shelf? Is the on-disk format itself somehow patented, such that the files themselves are patented articles? Wouldn't that fail the machine-or-transformation test rather egregiously?

ajross 17y ago
No no no, you're making the assuption that "buying an licensed encoder off the shelf" gives you some kind of patent license. It does not. It's a license to run the software from the manufacturer of the software. It sometimes contains a transferable license from the patent holders, for some purposes. Read carefully. But walking into Fry's and buying a codec product off the shelf for $49.95 doesn't automatically allow you to start a video megasite.