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

03.08.13

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. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  2. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  3. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  4. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  5. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  6. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  7. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  8. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  9. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  10. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  11. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  12. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  13. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  14. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  15. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  16. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  17. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  18. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger



  19. Unlike the Mobile Domain, When it Comes to Cars Patent Lawsuits Remain Rare

    An optimistic note regarding the relatively low-temperature legal landscape surrounding advanced automobiles, even though patents are being amassed on software in that domain



  20. The Federal Circuit Rules (Again) in Favour of Section 101/Alice, Koch-Funded CPIP Tries to Overturn Alice at the Supreme Court

    The US Supreme Court's decision on Alice continues to have a profoundly positive impact (except for trolls) and Koch-funded academics try hard to compel the US Supreme Court to reverse/override Alice (so far to no avail)



  21. Next Director of the USPTO Parrots Talking Points of Patent Extremists and Their Lobbyists

    The next USPTO boss (still subject to official confirmation) may be little more than a power grab by the litigation and patenting 'industry', which prioritises not science and technology but its own bottom line



  22. Raw: Three Years for 'Justice' (to be Disregarded by Benoît Battistelli) at ILO and Over a Decade at the EPO

    The delays associated with ‘justice’ at the EPO (usually neither justice nor compliance with rulings) have become so extraordinary that immunity should long ago have been stripped off and Battistelli et al been held accountable



  23. Raw: Scuttling of the General Advisory Committee and Battistelli Stacking the Deck to Have 'Yes Men' as Representatives

    How the EPO broke down resistance to Battistelli’s oppressive policies not only at the Council, disciplinary committees and auditory divisions but also staff representation (symptomatic of Battistelli’s notion of justice)



  24. The Patent Trial and Appeal Board Will Endure Supreme Court Test and Overcome the Tribal Immunity “Scam”

    The Patent Trial and Appeal Board (PTAB), based on the latest news, is still winning the argument and justifying its existence/importance



  25. Phones/Mobility (Trillion-Dollar Market) May Have Become Infested and Encumbered by Aggressive, Dying Companies

    The tough reality that new entrants/entrepreneurs are facing now that a few dying giants look to "monetise" their patents rather than create anything



  26. Links 9/12/2017: Mesa 17.3, Wine 3.0 RC1, New Debian Builds

    Links for the day



  27. Like the EPO, Taiwan/China (SIPO) Harm SMEs With a Policy of Patent Maximalism Which Fosters Litigation, Not Innovation

    A culture of patent maximalism breeds plenty of lawsuits in China (good for the legal ‘industry’), but small companies that are innovative lose focus and resources, just like in Europe where SMEs are discriminated against



  28. Bristows Continues to Lie About Unitary Patent (UPC) in Britain Only to Get Rebutted in Comments, As Usual (Criticism Not Deleted Yet)

    The latest wave of posts (typically from Bristows) which herald an arrival of UPC in Britain are not just delusional but also constitute terrible legal advice



  29. The European Union Now Repeats Paid Propaganda From the EPO (Regarding the Unitary Patent)

    The EPO's push for UPC, which has already involved payments to media and academia, is spreading to the EU, which unfortunately fails to uphold the Rule of Law and the spirit of the EPC



  30. European Media Covers the Latest EPO Scandal and the EPO's Refusal to Obey Orders of a Court

    European media is starting to catch up with the latest from ILO and the great importance not only of the rulings but also the EPO's response to these


CoPilotCo

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

CoPilotCo

Recent Posts