Bonum Certa Men Certa

Steve Jobs: “A Patent Pool is Being Assembled to Go After Theora and Other “Open Source” Codecs Now.”

Tiger
Apple no longer a patent pussy, now a provocative tiger



Summary: Apple's threat not only to Free/libre software but also to standards everyone can use is made more apparent because of new mail

APPLE'S legal attacks against Android and Linux go quite a way back when Apple used legal threats and sabotaged APIs to prevent access to its platform/s; Last month Apple took it up a notch and actually launched a legal attack. Hugo Roy from the FSFE has contacted Steve Jobs and received a nauseating response which he posted in full with maximal proof of authenticity

.

From: Steve Jobs To: Hugo Roy Subject: Re: Open letter to Steve Jobs: Thoughts on Flash Date: Fri, 30 Apr 2010 06:21:17 -0700

All video codecs are covered by patents. A patent pool is being assembled to go after Theora and other "open source" codecs now. Unfortunately, just because something is open source, it doesn't mean or guarantee that it doesn't infringe on others patents. An open standard is different from being royalty free or open source.

Sent from my iPad


Based on some other messages from him, it sure seems like his style (the signature for example). What Jobs has sent from his hypePad seems to suggest that he knows something that others do not. Apple already invests in the world's biggest patent troll and Apple is a key opposer when it comes to Ogg Theora as part of HTML5. Perhaps that explains it. Apple was also accused of 'poisoning' HTML with some patents it refused to relinquish control of.

Florian Müller's interpretation of the letter from Jobs (which he mailed us a short while ago) was as follows:

According to an email of today, Steve Jobs wrote that a patent pool is being assembled to go after Ogg Theory and other open-source video codecs (codec = encoder/decoder software, such as a video player program).

While I can't ascertain the authenticity of Steve Jobs' email published on http://hugoroy.eu/jobs-os.php , the person who published it (along with the email delivery record) is a credible source. He's a core activist of the Free Software Foundation Europe and received Steve Jobs' email in reply to this open letter he had published on the web and sent to him by email: http://blogs.fsfe.org/hugo/2010/04/open-letter-to-steve-jobs/comment-page-1/#comment-72

As the founder of the European NoSoftwarePatents campaign and author of the "FOSS Patents" blog (FOSS = Free and Open Source Software), I hope you will find my following comments useful in your analysis of this matter:

1) Steve Jobs' email doesn't say who the patent holders are who will contribute to the patent pool that is going to be used against those codecs. Therefore it's unclear whether Apple would contribute any patent(s) to that pool or not.

2) In connection with Microsoft's patent licensing deal with HTC, a maker of mobile phones running Google's Android open source (Linux-based) operating system, I believe there hasn't been enough attention to an important fact: While Microsoft doesn't try to force any Android phone vendor out of the market, Apple uses some of its own patents very aggressively in order to prevent such companies as HTC from providing certain functionality at all. I's important to see the difference from the perspective of competitors and consumers: the worst thing that can happen with patents is if vendors, especially leading ones, use their patents for exclusionary purposes.

Should Apple be a contributor to the patent pool Steve Jobs mentioned, that would be very bad news because then the objective may very well be to prevent any commercial use and distribution of Ogg Theora and other open-source video codecs.

3) Multimedia codecs are one of the worst patent minefields out there, enforcement is aggressive and there's no such thing as a video standard 100% unencumbered by patents. There are too many software patents out there to perform reliable clearance and patent offices often grant new patents on old ideas.

I wrote about these issues 10 days ago on my FOSS Patents blog:

http://fosspatents.blogspot.com/2010/04/no-such-thing-as-multimedia-data-format.html

That blog post starts with the story that Google might release its VP8 codec (which it acquired as part of On2 Technologies) on open-source terms. My blog post argues that even Google with all its knowledge and resources won't be able to guarantee that any such codec software is 100% unencumbered by patents. The post discusses the impossibility of reliable patent clerance and also talks about the aggressive enforcement of such patents (the confiscation of MP3/MP4 product samples is part of the annual routine at the CeBIT trade show).

4) This is not the first incident this month of patents threatening open source. IBM's threat letter to TurboHercules, which I published and discussed on my blog ( http://fosspatents.blogspot.com/2010/04/ibm-breaks-taboo-and-betrays-its.html ), shows that even a vendor claiming to be a friend and protector of open source (something that Apple never claimed) is determined to assert patents in order to protect a lucrative turf.


Florian's words deserve a level of skepticism not because of IBM's position (which we never supported anyway) but because of him standing up for the company that sidles with Microsoft. His history of fighting against software patents in Europe and also standing up against Microsoft lobbyists makes his analysis worthy of attention though.

Earlier today we showed more evidence connecting Apple's attack on Android/Linux to Microsoft (more on that later today). Several months ago, former Microsoft evangelist Michael Gartenberg claimed that Apple was moving towards Microsoft, but Gartenberg too should be treated with extreme skepticism for reasons we gave in, e.g.:



Other Patent News from Europe



The president of the FFII, Benjamin Henrion, highlights this new page about UPLS (United Patent Litigation System). This comes from an FSF-backed project. Henrion tracks the UPLS as it may serve as a back door to software patenting in Europe (and Microsoft front groups already lobby for it). The following new ruling that he points to shows a software patent being revoked in France (around the same time Germany does the opposite). A site called Tangible IP (it's like saying "solid solidity" about water) writes:

One of our interests on Tangible IP is the never ending story of software patents. Just to recap: the European Patent Office is currently considering the degree to which computer-implemented inventions are patentable. On the other side of the Atlantic the US Supreme Court has head arguments in the re Bilski case and we’re waiting for a decision.

[...]

The EPO Examiner initially rejected the patent on the grounds that it was not possible to determine the technical problem which was to be solved by the invention. The Applicant’s attorneys responded that the technical problem has been clearly described in the description and that this problem was solved by the claims. The EPO granted the patent.


"French Court TGI rejects search engine software patent EP1182581 based on subject matter exclusion (art52 EPC)," claims Henrion (information in French) who also found evidence [PDF] of what he claims to be "5.000.000 EUR for violation of a software patent." Aren't software patents already illegal in Europe? Well, there are loopholes that are being exploited.

"[The EPO] can’t distinguish between hardware and software so the patents get issued anyway", —Marshall Phelps, IAM: Microsoft to have 50,000 patents within two years, Phelps reveals

Comments

Recent Techrights' Posts

FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
 
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025