EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


Google/Android Extorted Through MPEG-LA

Posted in Google, Patents at 11:53 am by Dr. Roy Schestowitz

MPEG LA logo

Summary: The latest attack by proxy on free platforms comes from the patents proxy of several proprietary software vendors and software patents proponents

The attack on Android is not always visible; some patent trolls are equipped with ammunition whose purpose it to tax everything. This helps raise the price of products, harming in particular everything which was free and thus permissive in the distribution sense. Microsoft, more than any other company, has been fighting hard against Linux and GNU.

Eric Brown, writing about storage systems the other weeks, pointed out that:

NAS vendors are drawn to Linux for its stability, security, and low cost. Linux rarely requires patching, is relatively immune to virus attacks, and can usually run in flash memory for even greater security. Lack of licensing fees is also a draw of course, although at least one NAS vendor — Buffalo — pays Microsoft via a patent covenant for the privilege of using Linux.

Pamela Jones responded with: “Microsoft is doing with patents what SCO tried but failed to do with copyrights, to Microsoft’s shame. So if you buy from them, this is the behavior you are enabling. And when you read about Microsoft “donating” to Open Source blah blah, remember what they are doing with patents, please.”

Over at a lawyers’ blog that Jones likes to cite [1, 2], some FRAND battles over Android and codec patents are described. Here is what Jones learned about the MPEG-LA assault:

In the Seattle litigation between Microsoft and Motorola over how much Microsoft should pay for Motorola’s FRAND patents, the presiding judge, Hon. James L. Robart, asked the parties to file short letter briefs by March 1st on how to interpret one section of the Google-MPEG LA license agreement, and they have now done so. As you will see, things have changed since Motorola revealed the terms of the Google-MPEG LA license. The judge now has questions about the language, after the January 28th hearing.

Does it cover Motorola as an affiliate of Google? Are all affiliates covered? Or only those specified by a licensee? And is the royalty cap provision in one section a stand-alone provision? Is there, in other words, a cap on how much Microsoft has to pay?

His request is related to his decision to reopen the trial that ended in November, now that Motorola has presented new evidence that didn’t present at that trial. It didn’t have to, by the way. The trial was to be held in parts, and November was part one. Now that the new arguments are on the table in connection with the next phase about exactly what the rate should be, however, the judge sees a need to go back and take another look, and I think you’ll agree with him that what Motorola has presented changes the picture, and not in a way that favors Microsoft as much as before, which was trying for a low-ball figure. And that is now in question.

MPEG-LA is a patent troll spearheaded by Larry Horn and backed by the likes of Microsoft, Nokia, and of course Apple. It seems like this troll took a bite just now. It’s a somewhat Google-hostile article:

Google enters into licensing agreement with MPEG LA to protect the WebM video format

When the WebM project was announced back in 2010, one its selling points was that it was open and free of the licensing needs imposed by competitors like H.264. That may have been slightly overstated, however, as Google and MPEG LA have just entered into a licensing agreement covering the video codec at the heart of the format. The codec is known as VP8, and while no financial figures are disclosed the agreement covers various patents from 11 different parties. Google also gains the ability to sublicense those technologies out to VP8 users, clearing the way for the company to push adoption of VP8 — and by extension, WebM — with impunity. “This is a significant milestone in Google’s efforts to establish VP8 as a widely-deployed web video format,” said Allen Lo, Google’s deputy general counsel for patents.

Here is another take on it. It is a Google-friendly article, unlike the previous one:

Google has agreed to pay a licence fee to MPEG LA, LLC for techniques which they say may be essential to VP8 and earlier-generation VPx video compression technologies under patents owned by 11 patent holders.

This is a shame, but we don’t know what happened behind the scenes, possibly threats of massive litigation. The solution is to abolish software patents.

Watch who else is hounding Google over patents:

There are more comments filed with the FTC in response to its request for input on the proposed agreement in In the Matter of Motorola Mobility LLC, a limited liability company, and Google Inc., a corporation; FTC File No. 121 0120. As I mentioned earlier, not everyone is jumping on the currently fashionable bandwagon holding that if you donate a patent to a standards body, you give up all rights to injunctions. In fact, it’s easier to find opposition than support.

Notice Sony in there. Recently enough (for many of us to remember it) Sony attacked other Android players using patents, so here again we see Sony as a malicious antagonist of those whose work it relies on.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New

  1. The Sun King Delusion: The Views of Techrights Are Just a Mirror of EPO Staff Unions

    Tackling some emerging spin we have seen coming from Battistelli's private letters -- spin which strives to project the views of Techrights onto staff unions and why it's very hypocritical a form of spin

  2. Links /11/2015: Webconverger 33.1, Netrunner 17 Released

    Links for the day

  3. United They Stand: FFPE-EPO Supports Suspended Staff Representatives From SUEPO

    An obscure union from the Dutch side of things at the EPO is expressing support for the suspended colleagues from SUEPO (more German than Dutch)

  4. Censoring WIPR Article About Censorship by EPO

    A testament to how terrified journalists have become when it comes to EPO coverage, to the point of deleting entire paragraphs

  5. Censorship at the EPO Escalates: Now We Have Threats to Sue Publishers

    Having already blocked Techrights, the EPO's management proceeds to further suppressions of speech, impeding its staff's access to independently-distributed information (neither ordinary staff nor management)

  6. Response to Bogus Accusations That EPO Staff Protests Are Really an Attempt to Derail UPC

    Common myths about staff protests in the European Patent Office (EPO) debunked, with some additional background and general perspective on recent events, the unitary patent (UPC) and so on

  7. New Heise Article Makes It Clear That 'Nazi'-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

    The personal attacks on a judge who was illegally suspended (a so-called 'house ban') increasingly look like the management's own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

  8. Links 24/11/2015: Asus Chromebit CS10, Second Linux 4.4 RC

    Links for the day

  9. European Central Bank Staff Committee Adds to Growing Pressure on Abusive EPO Management

    The staff representatives of the European Central Bank E-mail their colleagues -- with European Central Bank managers' approval -- regarding the European Patent Office and its attacks on staff unions

  10. Gross Violation of Workers' Rights in EPO: Denial of Christmas Vacation/Leave for Slower Workers

    A look at an E-mail from within the EPO which shows how Christmas is used to squeeze staff, urging them to work even faster (despite speed gains) or lose their Christmas leave

  11. The Bogus Narrative Floated by EPO Management: Our Judges and Examiners Are Armed and Violent

    A look at the union-busting and protest-crushing moves from high-level EPO managers, who are trying to convince politicians that they do so in an effort to stop terrorists and neo-Nazis

  12. Support SUEPO or End Up Like They and Some of the Boards Did

    SUEPO, the fast-growing staff union of the EPO, increasingly needs the support and protection offered by action and participation from staff

  13. NRC Handelsblad (Dutch Evening Newspaper) Speaks About EPO's Refusal to Accept Court Orders From The Hague

    Article explains the depths of the issues inside the EPO and the unacceptable immunity that management at the EPO continues to exploit, shaming or discrediting the very notion of the rule of law in Europe

  14. HeBS Digital and Black Duck Press Releases Treated Like Articles, Used to Muddy the FOSS Waters

    Free/Open Source software (FOSS) is under attack again, and it's the proprietary software lobby that's responsible for that

  15. EPO President Battistelli Now Intimidates Even National Delegations

    Report about an embarrassing incident implicating Benoît Battistelli and some angry comments cast over the witch-hunting of a judge, using all sorts of questionable tactics

  16. A Look at the Latest Gross Deletionism at the EPO's 'Media Partner', French Newspaper Les Échos

    The EPO's bogus 'journal of record, which Team Battistelli likes to cite in order to bolster its warped version of events at the EPO while maintaining a close secret relationship with the publisher, keeps censoring its own reporters (spiked paragraphs, silently self-censored or censored after publications)

  17. Rumour About Efforts to Dismiss a Board Judge by Intimidating Boards of Appeal

    Comment found online accuses the Administrative Council of pressuring, by threats, Directorate-General 3 to dismiss a judge who is silently accused (with selective 'leaks' to the media, reportedly orchestrated by EPO managers) but not even proven guilty

  18. President Battistelli Now Pressures/Threatens Politicians Who 'Dare' to Complain About Abuses and Unacceptable Conditions at the EPO

    Pierre-Yves Le Borgn’, a French politician, unleashes an angry letter from Benoît Battistelli and reveals just to what lengths the EPO's Team Battistelli is willing to go in order to crush political backlash

  19. EPO: It's Like a Family Business - Part IV

    Some more background information about Elodie Bergot and Gilles Requena, who are married whilst also sharing positions of power at the EPO (and also strong connections/ties with the EPO's President, Mr. Battistelli); Rumours afloat at the EPO -- some with ever-increasing circulation too -- are worth noting

  20. Translation of Thomas Magenheim-Hörmann's Article in the German Media, Urging European Politicians to Intervene in EPO Chaos and Lawlessness

    Frankfurt-based media presents an opinion piece written by a Munich-based economic correspondent, Thomas Magenheim-Hörmann

  21. German Press Says Broken EPO Lets President Severely Punish Staff Not Even Guilty of Any Wrongdoing

    Juve publishes an article which attempts to be 'balanced' (meaning it believes everything that EPO officials say) but at the same time reveals unacceptable practices that go in inside the EPO

  22. German Media Reveals That Out-of-Control EPO Management is Even Threatening and Abusing Lawyers Now

    The EPO's longstanding fight against justice escalates to an unprecedented war on lawyers themselves; “After this latest move,” says a German newspaper, “even lawyers are starting to feel threatened by the Office.”

  23. Washington Post Only Entertains Debate About Patent Trolls (But Not Patent Scope) Whilst US Lawyers Trick the System to Patent Software

    The Bezos-owned Washington Post continues to help those who wish to eliminate patent trolls (which bother Amazon amongst other large conglomerates) but remains void of any coverage about patent scope, including software patents that patent lawyers work so hard to defend

  24. It Pays (Off) to 'Bribe' the Media: Watch How Les Échos Covers EPO Matters and Self-Censors

    French newspaper Les Échos is self-censoring yet again and it is framing the EPO scandals as the fault of employees, not the fault of abusive managers who are working with Les Échos as a so-called 'media partner' (the EPO management is French-dominated)

  25. 'Leaked' PDF Shows How EPO Management Tried to Crush Judge Who 'Dared' to Criticise EPO Management

    The EPO's management continues to chill potential critics and is now making an example of a board's judge, despite having no such authority over him

  26. Links 21/11/2015: Community Appreciation Day, Jolla's Problems

    Links for the day

  27. EPO: It's Like a Family Business - Part III

    A look at how the EPO's management (Željko Topić in particular) defended the unprecedented promotion of Ms Bergot (wife of the president's close assistant), even in the face of outcry from EPO staffwarning

  28. In an Effort to Counter EPO Staff Narrative (After ~2,000 of Staff Protest) EPO Management Portrays Staff as Violent But Provides No Evidence

    The EPO's management has a poor record on accuracy and truth and the latest staff-shaming tactics serve to reinforce that track record

  29. Gross Aggression by EPO Management Shows the Urgent Need to Remove Immunity From EPO

    The increasingly militant approach of EPO management (with counterterrorism staff added to interrogate EPO staff) serves to show an organisation gone truly bonkers

  30. Patents Roundup: Alice Decision Still Upsets Patent Lawyers, Microsoft AstroTurf Group Lobbies on FRAND, Google and Red Hat Recalled

    The reaction of patent profiteers to scope/boundary restrictions, the FRAND lobby by Microsoft's longtime front group, FRAND matters in Korea (affecting Android), Google's response to patent threats, and Red Hat still keeping quiet about its patent agreement with Microsoft


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time


Recent Posts