Newest Patent Threat to MPEG-4 365
Sachin Garg writes "After the notorious JPEG patent which has made many big and small names pay
huge amounts to Forgent (total more than $105 million), PCMag reports that
AT&T claims to
have a patent covering core MPEG-4 technology and has warned Apple and
others of Patent Infringement. Pentax and Nero have already paid them."
Typical (Score:4, Interesting)
1) Help to form new "revolutionary" file format. ...
2) Wait for it to take off and become popular
3) Use new file format popularity to hold companies to ransom thanks to the incompetancy of the current USPTO system.
4)
5) PROFIT!
But honestly, is this the way for people to get their money nowadays? Claim "prior art" on any patent which seems convenient and then hold any company which uses the format to cut a hole in their wallet? Any patent issues should be resolved before a file format is made readily available, therefore any companies who happen to use the format will know of any pitfalls.
I still admit that this may be nothing compared to the JPEG patent (which about 99.9% of websites use), but it still seems silly, just like any other USPTO story which is posted on /.
Oh, and FP :)
Re:Typical (Score:3, Informative)
That's not what prior art means. Prior art is a way of invalidating a patent by showing that the idea existed and was in use before it was patented. If MPEG-4 or something like it existed before the patent was filed, that would be an example of prior art.
Re:Typical (Score:5, Funny)
Hey I remember seeing an implementatio of what would fall under these patents twentry years ago. There were these cool videophon... oh shit.
You don't need your step 4 (Score:4, Informative)
Re:Typical (Score:2, Interesting)
I think you will find that the more powerful government becomes, the more coercion and corruption you will find in the market (as opposed to voluntary association). The winners are those who can figure out how to exploit the power of government. The losers are those who rely on persuasion (voluntary association) to sell their product. Increasingly, the winners will be the bad guys, and the losers will be the good guys. There is no remedy to this probl
Notice of Patten infringement (Score:3, Funny)
"A First Post on
I would kindly ask that you remove your post and rewrite it at some later point in this discussion.
Intelligent First Posts, next they actually look at patents before the issuing them... What is the world coming to?
Re:Typical (Score:3)
Re:Typical (Submarine patents) (Score:5, Interesting)
This is an example of submarine patents [wikipedia.org]. You have an idea, quietly patent it, but noisily advertise the technology. Then you wait for the patents to be granted and for industry to incorporate your technology into their products. Once the market has matured, you fire off multiple patent violations in every direction. By then, the cost of removing your technology from their products will cost far more than it would to pay the license fee.
(For digital file formats, this is especially true, since both software and hardware codecs will already have been distributed, and third party customers will have distributed their data into this format.
Patent system disfunctionality is deliberate. (Score:5, Informative)
And I have a patent for ... (Score:5, Funny)
Is AT&T Serious?
Re:And I have a patent for ... (Score:5, Funny)
You'll do better if you go after end-users.
Re:And I have a patent for ... (Score:2)
It would not be the first.
A lot of companies with DRM schemes patent the circumvention technology so that they can sue companies that come out with decoding tools.
I don't know of a case in virus land, there would be a problem establishing novelty. But there certainly are people who would like to go after certain virus writers who try to avoid criminal liability by having other people distribute their
Pay Me Instead (Score:5, Insightful)
I think Nero paid because they don't want to be shut down. AT&T could easily hold up a small company in court for years, bleeding their profits dry. I guess someone just did the math and figured it would be cheaper to pay off the patent mafia.
Re:Pay Me Instead (Score:5, Insightful)
Bell labs was a patent factory, they invested billions a year on research. Bell labs is an example of how the system is meant to work. Spend a non trivial amount on research, get a limited term monopoly in the invention in return.
There are many other patent holders getting royalties from MPEG4, why not AT&T if they have a valid claim?
I am not opposed to software patents in general, just the junk ones, which means at least 98%. The real problem is that the USPTO does not follow the rules it is supposed to. See my blog essay [blogspot.com].
One of the problems with the current patent system is that there are so many junk patents being circulated by the trolls that the claims of genuine inventors are devalued.
What's the time limit? (Score:3, Insightful)
I think the thing that stinks is that they sit there, knowing full well that they hold the patent, and let the tech go into wide-spread use before informing anyone that they hold the patent.
With trademarks, the rule is enforce it or lose it. Too bad the same doesn't apply to patents...
Re:What's the time limit? (Score:4, Interesting)
I agree it stinks, in fact I have been working on a part 4 to my essay [blogspot.com] where I make the same point.
The problem is how to get from 'this stinks' as Plankton would say,to solving the problem without creating ways to game the patent system entirely.
One solution would be to have a requirement that patent holders have to monitor major standards efforts in their field of invention, but how do you arrive at a legal definition of a standards effort? How do you avoid the problem of someone creating a bogus standards organization for the sole purpose of creating an exclusion to a patent?
OK I know this particular problem would not make slashdotters upset. However it would likely allow the patent trolls to stop the law being changed.
I am not interested in just debating the problem ad nauseam on slashdot, I want to get it fixed. To do that we need to create a wedge between the patent trolls and the major corporate holders of IP.
If you look at what free software people want and where the interests of the big computer corporations lie there is a huge overlap, probably 95%. The problem is that a small number of ultras insist on all or nothing.
Re:What's the time limit? (Score:4, Insightful)
Of course, I won't hold my breath..
Re:Pay Me Instead (Score:2)
But this is phone company AT&T, the Bell Labs are now part of a different company (called Lucent) who own the patents, etc.. So this probably has no relation to Bell Labs... AT&T isn't even AT&T anymore, its SBC that changed its name.. and as those on their part of the
XVID? (Score:5, Interesting)
Re:XVID? (Score:2)
I think the Penguin Liberation Front [zarb.org] would probably be willing to host it.
Re:XVID? (Score:4, Insightful)
Re:XVID? (Score:2)
Very good example of wht patents and software are a bad marriage.
Re:XVID? (Score:3, Interesting)
Obviousness was:XVID? (Score:4, Insightful)
The problem is that this test can not* easily be applied in a proper manner.
If you place a dozen random engineers in a room, and ask them to solve a problem, you are likely to get only a couple of different solutions. Patents on these should be disallowed. Other solutions would be patentable.
Note from the link that An invention is nonobvious if it would be viewed as an unexpected or surprising development by someone skilled in the technology of the particular field. Note that it's not nonobvious to joe-six-pack, but to someone who is knowledgeable in the field. Are we really to believe that the poor people down at the USTPO are experts in every field? Almost by definition, even if you start by hiring 'skilled' people, they lose their 'skilled' status as soon as they leave the field (due to changes in the field) to work the patent desk, and you end up with non-skilled people reviewing for obviousness.
The patent system as designed is set up to fail...it can end nowhere other than where we are today.
*some suggest independant review boards, but that smells like the old-boys club to me... i.e:the system will just be broken for some peope, not everyone. Perhaps patent review would be like jury-duty for engineers.... :)
Re:XVID? (Score:2, Insightful)
This probably wouldn't help in the slightest. Any freeware implementation of a standard has to adhere to a certain level of compatibility, which necessarily includes stuff covered by patents because the standard designers need to hold onto the ability to sue people over it later, regardless of how they reimplement it.
Even a "pa
They're already infringers. (Score:3, Informative)
(Isn't it amusing how commercial interests hinder innovation? I've been expecting DivX-capabl
Parent is partially correct (Score:3, Informative)
Seriously. If the companies that hold the multimedia patents did not work together, ther
Re: (Score:3, Informative)
Good thing (Score:2, Insightful)
ffmpeg? (Score:5, Interesting)
Re:ffmpeg? (Score:2, Informative)
Re:ffmpeg? (Score:2, Insightful)
Re:ffmpeg? (Score:2)
If there's enough interest in the project, development moves to another country with less braindead patent laws. If there's not, it dies.
Re:ffmpeg? (Score:3, Interesting)
As well, software patents are not valid in Europe, amongst other locales.
Thus, the FFMPEG implementation in that light is not infringing. However *actually using* the FFMPEG library in the US for anything other than research would be. Only p
More like TradeMarks (Score:5, Interesting)
-Rick
Re:More like TradeMarks (Score:5, Interesting)
Heroin, Allen wrenches, and I think Spandex (Hence the new name Lycra) are all examples of this. There are many more, and there are plenty of companies that have trademarks that would appear to be in danger of "genericide" (the apparent legal term).
Xerox actually was in danger of this, and started a campaign against "xeroxing", strongly suggesting that people instead "photocopy" documents.
Please explain, (Score:3, Interesting)
How is it that Daimler-Chrysler has a trademark on "Jeep," which started as a generic term used by servicemen ( http://en.wikipedia.org/wiki/Jeep#The_origin_of_t h e_term_jeep [wikipedia.org] )? How does one go about taking a term in general public use,
Re:the best example... (Score:2)
-Rick
Re:More like TradeMarks (Score:3, Insightful)
I'm not sure why Estoppel By Silence isn't invoked in such cases.
What is Estoppel by Silence? Let me consult the Great Lazyweb for a good explanation:
From nolo.com
Estoppel by Silence is a "type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person
Re:More like TradeMarks (Score:3, Informative)
I'm not a lawyer, but my wife is an intellectual property lawyer and tried explaining this to me. I'll try to explain it, but I may get some details wrong.
In fact patent infringers do have
Re:More like TradeMarks (Score:3, Informative)
IANAL, etc., but the defense is called "laches", and this is my layman's understanding of it.
There are two things you have to demonstrate in order to use the laches defense:
So, to take an example, suppose that you're getting into the business of manufacturing widgets, and Acme Corp. sees your press r
Comment removed (Score:5, Insightful)
Re:Is it any wonder innovation is slowing? (Score:5, Insightful)
ummm... did you miss everything that has happened in biology and DNA lately? Electronics has just moved into the incremental consumer phase, instead of being a strict labratory science. Things like DNA sequencing, stem cells, cloning, nano-technology, and genetic engineering are where the real advancements are.
Re: (Score:3, Interesting)
Re:Is it any wonder innovation is slowing? (Score:4, Insightful)
I leave you to decide whether this constitutes progress.
Progress in the biological sciences is enormous and constant, but the translation from scientific understanding to treatment & prevention is slow, because it needs to be as close to 100% safe as possible. There are about half a dozen known treatments against the HIV virus that work on monkeys and cats, but few would dare try them in their own bodies.
Compared to biology, electronics is so simple that it is child's play.
Re:Is it any wonder innovation is slowing? (Score:3, Interesting)
If you had any idea how much progress has been made in medical science in the past 15 years you wouldn't push these points. We've gone from knowing absolutely nothing about how some of these pathologies come about, to understanding the exact molecular mechanisms. Being able to do something about it (without killing the patient) is another story.
In the meantime, feel free to enjoy the fact that the mortality of yo
Re:Is it any wonder innovation is slowing? (Score:3, Interesting)
We can't teach you anything about these topics unless you sign this NDA right here.
If you want to work in these fields go out and rediscover it for yourself, then hire a patent attorney before selling anything.
Thanks,
The American Way of Life.
Comment removed (Score:5, Interesting)
Re:And to any "pro-business" (pro-patent) types... (Score:3, Informative)
There are a lot of things holding up fusion being a viable energy source, but trust me, patents are not one of them.
I'm not arguing against your main argument, but if you truly think that we don't have working fusion because of patents you need to do more research.
Re:Is it any wonder innovation is slowing? (Score:3)
Don't worry, this won't last long because the revolution is imminent.
We (the people of the world) are all simply going to ignore IP law. And we'll share our knowledge over the Internet. With technology designed and manufactured IN YOUR FACE.
The world is changing, either get with it or get left behind.
Re:Is it any wonder innovation is slowing? (Score:3, Insightful)
But overall, I agree with you. The suits have thoroughly bought into, and convinced judges a
Re:Is it any wonder innovation is slowing? (Score:2)
I don't think it is either, but to say, "the pace of innovation is slower now than it was then" when "now" and "then" are two different lengths of time is simply a bad comparison. If I had to guess at a good functional description, I'd say it's either stochastic-exponential or stochastic-logistic; obviously I'd prefer to think it's the former, but there's always the possibility that it's the latter, and we're reaching the point where th
Re:Is it any wonder innovation is slowing? (Score:3, Funny)
The battles were far bigger and far bloodier over pants in the 1800s than they are now. The innovations you mentioned were *obvious* to many people of the time. It was common that patent applications on a new product would beat a competitor by hours. Lawsuits were rampant, technologies crushed far more often than now.
Particularly read up on the development of the telegraph and electric systems in the US. Those were both especiall
Re:Is it any wonder innovation is slowing? (Score:3, Funny)
The battles were far bigger and far bloodier over pants in the 1800s than they are now.
Yes, mock me now. You all know what I meant, though.
Re:Is it any wonder innovation is slowing? (Score:2)
MPEG-4 was introduced over 7 years ago... (Score:3, Insightful)
Isn't there something fishy about this?
Or is suing 'late in the game' now the norm for patent lawyers?
Yes, that's the whole point. (Score:5, Insightful)
Sue early: people say 'Ah, well we'll just use some other video codec, then.'
Sue late: people say 'Shit, we've committed our whole business to this technology. Better pay up.'
There's more profit to be had this way, which is why it's done like this. What, you expected some ethical or technical reason?
Re:Yes, that's the whole point. (Score:2)
Good point...now to find out who I can sue to make a quick buck.
Maybe that kid in 9th grade who always copied the answers from my tests?
I hear he is a really kick-ass scientist now.
Will Dirac be ready in time to rescue us? (Score:3, Informative)
Some information on Dirac can be found here [sourceforge.net] and here (PDF warning) [bbc.co.uk].
We can always go back to using FLI ! (Score:2, Funny)
Comment removed (Score:4, Interesting)
Re:Next gen codecs (Score:3, Informative)
Or rather, Theora's [theora.org] time, which not only is actually implemented in multiple popular cross-platform player softwares (VLC, RealPlayer) and has a nice converter (ffmpeg2theora), it's also - hopefully - proven to be free of patent issues. =)
Re: (Score:3, Informative)
Re:Next gen codecs (Score:2)
When will Dirac be ready?
We hope to get to beta by the end of 2005. This means fixing the bitstream spec and getting the code to conform to it.
indeed it would seem that it's time has come.
~sigh~ (Score:2, Insightful)
Re:~sigh~ (Score:2)
Time to take technology out of the hands of corporations and give it back to the inventors
-WS
That doesn't help (Score:2)
Re:~sigh~ (Score:2)
Ah the lovely patent society (Score:4, Insightful)
Now it's lovely that we are moving on from even that, and can earn money by letting others do the hard work and implementation while we can sit at the patent office all day and submit vague, obtuse applications (that read like and are about as specific as Nostradamus predictions, he predicted Hister you know!) to gain a monopoly on "methods", "software", etcetera all in the name of "innovation" (because without patent, there wouldn't be any you know. Civilization started when Romulus and Remus instituted the first patent office.....)
A great time to be an American. It's also nice we are exporting this type of mentality to the rest of the world too.
Re:Ah the lovely patent society (Score:2)
Ah, a fine example of Gorflin's Law!
How long have they been sitting on this? (Score:2, Insightful)
(Yes, I know this is /. and software/algorithm patents are eeee
Re:How long have they been sitting on this? (Score:4, Informative)
You are. Trademarks must be defended, but patents don't have to be.
Re:How long have they been sitting on this? (Score:2)
Re:How long have they been sitting on this? (Score:3, Insightful)
If a company knows it has a case - against anyone at all - and doesn't pursue it within a reasonable timescale, then that should be a defence for anyone and everyone else.
(My 2p)
Justin.
Comment removed (Score:4, Interesting)
the worst part is.. (Score:2, Interesting)
Re:the worst part is.. (Score:3, Insightful)
Also, I do not believe there is an enforcement provision in the Patent system - although yes there is on trademarks - if you let people use them, you are seen as having allowed them to fall into public domain.
IINAL but I think that what s
slashdotters write your congress person AND senato (Score:2, Insightful)
Re:slashdotters write your congress person AND sen (Score:2)
I bet most of the congresspeople have iPods.
A bit late in the game, isn't it (Score:3, Insightful)
If a company with any patent rights had asserted its right in the first place, then maybe they would be in the right here, but to allow a technology to grow for a number of years and then assert your claim to large amounts of money is immoral and should be illegal.
What if a company like Apple submits and then counter-sue the company for deliberately allowing a free lunch then asserting it's patent, causing financial and legal pain to Apple et. Al.
It's like a bar giving out water to customers and then trying to back-charge for it when they're halfway through the evening, under threat of kicking them out of the bar otherwise.
SBC (Score:4, Informative)
-Charles
What underlying technology? (Score:3, Interesting)
Re:What underlying technology? (Score:3, Interesting)
old AT&T is now part of SBC (renamed to AT& (Score:3, Informative)
OTOH, knowing how the 'new' AT&T (aka SBC) has handled things before, I don't think there is any hope of them just letting this go and ignoring that they have the patent. If anything, they now have more money and lawyers to persue other companies.
AT&T or SBC? (Score:4, Interesting)
If I'm right we can expect a lot more of these from "AT&T" in the near future.
Call me stupid, but how does AT&T have a claim (Score:2, Interesting)
Re:Call me stupid, but how does AT&T have a cl (Score:3, Insightful)
Nothing. They probably patented something a long time ago that got independently implemented in MPEG-4. This is the very definition of a submarine patent.
Patent Number (Score:2, Insightful)
Cartoon: BIG bite requires new logo (Score:3, Interesting)
Apple's Quartz avoids Adobe's Postscript license fee. iPod music is about to be fully abstracted. ATT will be left to sell MPEG-4 versions of pop music on their own damn network if they want a royalty cut. Jobs isn't going to let their fee ride over his iTunes service for free. Fees work both ways...SBC
Re: (Score:2, Insightful)
Re:Hurting innovation (Score:3, Interesting)
Before the patent was invented, if you invented a way to do an existing process or manufacture an object cheaper and/or faster and/or better, you could put all your competetion out of business.
Of course, under this system you would be a fool to let anyone else know how to make a cotton gin or whatever. So what happened was that novel thing
Re:On Patents Defeating Trade Secret (Score:3, Insightful)
Patents, constitutionally, only exist for the "promotion of the useful Arts and Sciences." They don't exist to guarantee inventors revenue streams.
Now, you could say that the potential revenue stream that an inventor may get is what caused her to invent the safety pin, and that without patent protection, instead of inventing the safety pin the inventor would have instead sat on the couch
Re:Hurting innovation (Score:3, Insightful)
However, if we accept that we live in a money driven society and that profit isn't necessarily a bad thing then yes profits have helped many, many products come to market. For instance it is not difficult to argue that the invention of Nylon by the DuPont Company created profits that allowed for increased R&D spending that ultimately turned out Teflon
Re:Hurting innovation (Score:3, Informative)
In the case of MPEG 4, there are dozens and dozens of patents that all the parties involved have thrown together to create that standard, and they all license them to each other. You can get a license for that whole patent pool relatively cheaply, and I guess for free if you supplied patents to the pool.
The problem here is that AT & T is not in the pool, and that they don't have any MPEG 4 products. Apple or Microsoft couldn't do th
Re:Hurting innovation (Score:3, Informative)
Patents helping companies, yes, plenty. AT&T was founded on a patent.
Patents helping society, yes, some. It is doubtful that there would be as much medical research without the incentive of a patent.
Junk patents harming society, well lets start
It won't drown (Score:2, Insightful)
Re:Let it drown (Score:3, Insightful)
When there's more money to be had in patent-mongering than in R&D, nobody is going to bother to do R&D. And I don't care how much of a FOSS zealot you are, there aren't any free projects that approach the scale of the big commercial research projects. You aren't going to go on Sourceforge and start a project to develop the next silicon wafer technology. Develop
Re:Let it drown (Score:2)
Re:Hooray! (Score:2, Funny)
Re:Ignore the shouting - want to hear the truth? (Score:3, Informative)