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 19/12/2014: Robolinux 7.7.1 LXDE, Red Hat Thriving

    Links for the day



  2. Another Microsoft Partner Markets Linux FUD Using Logo, Name, and Lies

    Microsoft's partner Alert Logic is trying to label a feature of Linux a security flaw and even makes marketing buzz for it



  3. Redmonk is Spreading Black Duck's Anti-GPL Talking Points After Payments From Black Duck, Microsoft

    CBS' ZDNet spreads the GNU-hostile narrative which comes from Redmonk, funded by Microsoft and Black Duck, citing Black Duck, which also comes from Microsoft and is a partner of Microsoft



  4. 'Good' Software Patents From EA Show Cases Where DRM is a Patent Infringement

    Where two evils collide the public benefits, or how some software patents discourage the use of DRM



  5. Richard Stallman: What Does It Mean for Your Computer to Be Loyal?

    New article from Richard Stallman



  6. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  7. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  8. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  9. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  10. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  11. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  12. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  13. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  14. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  15. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  16. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  17. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  18. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  19. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  20. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  21. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  22. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  23. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  24. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  25. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  26. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  27. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  28. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  29. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time



  30. Links 9/12/2014: Greg Kroah-Hartman Interview, Fedora 21 Imminent

    Links for the day


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