Bonum Certa Men Certa

WebM/VP8 is Not Open Source

"Based on years of conversations, I am convinced that part of the cause of the problem is the tendency to call the system Linux rather than GNU, and describe it as open source rather than free software."

--Richard Stallman



Summary: MPEG-LA/H.264, Apple, and Microsoft appear to be the only prominent opponents of WebM/VP8; The OSI explains why Google needs to refine the licence

PERHAPS we congratulated Google a little prematurely [1, 2]. There are improvements to be made to Google's unusual licence, but first, let's look at the good sides of VP8.



Joe Brockmeier is optimistic about Google's WebM, Adobe added support for VP8 and Moovida's support of VP8 is mentioned by Martin Kaba, not to mention Opera's support (Opera was also a major backer of Ogg).

Looking for a media player to playback your videos converted to open WebM with Miro Video Converter, then grab Moovida media player. Open Source Moovida media player formerly known as Elisa is one of the first media players to boast support of the open source VP8 codec.


There is already fairly widespread support for VP8.

A browser that supports WebM content isn't much use if there's no WebM content to play, and Google has that covered too. Anyone opting into YouTube's HTML5 front-end will be able to use WebM for video playback by appending "&webm=1" to the URL.


The exceptions, as expected, are Apple and Microsoft, not to mention MPEG-LA. IDG puts it like this:

Google faces off against Microsoft, Apple over Web video standard



[...]

"We now have a great format for video," added Hakon Wium Lie, Opera's chief technology officer. "We all have video cameras in our pockets. Let's use them, let's back WebM."


"Microsoft tepid in its support for Google's WebM video plan," say Microsoft bloggers as Microsoft promotes H.264 and other problematic codecs.

I've been using Real Alternative for years. It works well and is 100% transparent, that is, it doesn't bug you about anything, ever. It just registers itself as a DirectShow filter (Microsoft-speak for a codec) and with your browsers, then decodes virtually any Real Media file ever created. It's good enough that I haven't even considered installing RealPlayer in years.


From South Africa we have:

Unsurprisingly, Apple and Microsoft are among the companies licensing the use of H.264, so stand to make money, and lots of it if the format is widely adopted.

The only other competitor to H.264, until a couple of days ago, was Theora, an open source format favoured by Mozilla, Google and Opera. But the chances of Theora succeeding have always seemed very slim, particularly as Jobs has already made it clear that Apple was looking at hitting Theora hard with patent suits.

Apple and Microsoft have also made it very clear that they wouldn't be supporting Theora in their future browser releases.


Other competitors of VP8 are spreading FUD, some of which is worth attention. There is another new comparison between VP8 and H.264:

VP8 is now free, but if the quality is substandard, who cares? Well, it turns out that the quality isn't substandard, so that's not an issue, but neither is it twice the quality of H.264 at half the bandwidth. See for yourself, below.

To set the table, Sorenson Media was kind enough to encode these comparison files for me to both H.264 and VP8 using their Squish encoding tool. They encoded a standard SD encoding test file that I've been using for years. I'll do more testing once I have access to a VP8 encoder, but wanted to share these quick and dirty results.


Diego's latest rant is actually not much of a rant. He addresses the alleged FUD that's mentioned above.

Now, Dark Shikari of x264 fame dissected the codec and in part the file format; his words are – not unexpectedly, especially for those who know him – quite harsh, but as Mike put it “This open sourcing event has legs.”


Perhaps the only real disappointment is that VP8/WebM is not Open Source, according to Michael Tiemann (OSI). Was it too good to be true?

This note from Apple was like a rabid dog barking at the pound, for it seemed to set off a flurry of patent-rattling from all corners, with Microsoft quickly claiming that Salesforce.com infringed nine of their patents, Nokia claiming that Apple infringed 5 more of its patents, HTC getting into the fray, etc.

And then along comes Google. And instead of piling on to this patent suit scrum, they offer immunity instead. Which is astonishing.

I have to give some props to the FSF for asking for precisely what Google seems to have decided to do. They wrote an open letter asking Google to free VP8 and use it on YouTube. The bigger part of that decision now seems to have been effected. Which, to use the FSF's own adjective, is amazing. And cause for both gratitude and celebration.

And of course this is not the end of the story, but the beginning. The license Google wrote for VP8 smacks of OSD goodness, but it has not yet been submitted to the OSI for approval. Should the OSI approve yet another license? Should the OSI treat a patent grant attached to a license we've already approved as two separate items, a patent grant (which is great) and a license we've already approved? Clearly Google is trying to do the right thing. We are trying to do the right thing. What remains to be seen is whether the H.264 are going to do the right thing and offer all their patents as required by the Open Standards Requirements (OSR) or whether Apple will do the right thing and defend, rather than attack, the open source community and its right to enjoy watching a movie on the laptop of their choice.


Simon Phipps (OSI) also has a problem with that licence and in IDG he writes:

The announcement last week at Google IO of the creation of the WebM project and the release of the VP8 codec was a positive and welcome development, finally offering an alternative for online media to the royalty-liable H.264 and to Theora. WebM arises from Google's purchase of ON2 last year and had been widely anticipated

Google did their homework, securing endorsements from competing browser vendors Opera and Mozilla and even from Adobe (possibly in exchange for Google's endorsement of Flash on their TV platform) and, weakly, from Microsoft. The parade is now in full swing, and we can expect many more announcements of support like the one from the Miro Project. Only Apple was painfully absent, pushing the Google-Apple tension further into the spotlight

[...]

Despite their claims that WebM was been checked for patent risks when ON2 was acquired, Google has neither made its research available nor does it offer a patent indemnity. Google has expressed extreme confidence in the patent safety of WebM, yet has failed to create a patent pool with its other endorsers and grant free and indemnified licenses to WebM contributors.

That means the path is open for those hostile to digital liberty, such as the MPEG-LA licensing cartel, to 'tax' VP8 users - they have already declared an intent to do so. Google should rapidly create "WebM-LA" with $0 licensing terms for those willing to commit to digital liberty.


This was also covered by The H:

According to OSI board member Simon Phipps, the VP8 codec, which Google released last week as part of the WebM project, is "not currently open source". In a blog posting, Phipps notes that the licence used by Google has not been submitted to the Open Source Initiative (OSI) for approval and that it "possibly can't be approved". The problem is that although the licence Google uses for VP8 is based on the Apache licence, it includes a "field of use" restriction in the patent grant section which is limited to "this implementation of VP8".


Matthew Aslett wrote about the subject and heard back from Bruce Perens, who argued: "It really isn’t an open source license, due to an unfortunate word choice in the patent grant language, which is the main chance from the BSD-style license they started with. If you modify the VP8 implementation, you become a patent infringer."

Comments

Recent Techrights' Posts

"Open" "AI" is Going Bankrupt, Appealing for Government Bailout
The writings have been on the wall for years
"Secure Boot": Stop Trying to Boot Into GNU/Linux, Use Vista 11 Instead
It's all about reducing the user's cybersecurity under the false guise of improving it
LowEndBox Resorts to Ableism to Smear Software Freedom
Not some "low-level" pundit but an administrator
This Coming Thursday EPO Staff Meets Online to Discuss the Salaries Going Down While Stoned Managers Increase Their Own
compensation going down relative to inflation and other factors
Misinformation of IBM Spread via LLM Slop
Since a lot of sites now rely on LLMs we can expect the corporations' lies to be perpetuated by bots. That includes the myths of IBM Red Hat.
Our Site Search Increases Our Editorial and Informational Independence
Implementing our search facility is a long-term investment
 
Suggestions Regarding Techrights Search
In some cases, Daily Links also serve to obscure our original articles
Reaffirming Rumours of More Microsoft Layoffs, Halo Impacted, XBox Business Winding Down
XBox has a huge target painted on its bum
This is What We Always Wanted to Spend Our Time on
2026 will probably be our most productive ever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 08, 2025
IRC logs for Saturday, November 08, 2025
IBM is Destroying Red Hat (by Extension, It Also Harms GNU/Linux)
IBM is where things come to die, more so in the past decade or so
Austrian Media Coverage of Luis Berenguer's (Top EPO Official) Getting Busted for Cocaine
This wasn't some rich tourist caught by cops, it was a local official whom they busted
Gemini Links 09/11/2025: File Managers and DPC Commissioner
Links for the day
Links 08/11/2025: Climate Talk Unfruitful, OldVersion.com Archive Facing Shutdown
Links for the day
IBM is Eliminating Red Hat Like It Eliminated Tivoli and Eliminated Cognos
Be wary of IBM
Quitting One's Job Isn't Forbidden, Right?
it's important to remind people that leaving one's job is perfectly OK
Being Absent/Missing From Social Control Media is Not a Sign of Weakness
Broadly speaking, social control media is for losers
Empathy Online
I recently learned from someone that running his Web site might hurt some feelings, even if the writings are truthful
Advocates of GNU/Linux and the Uphill Battles Behind Us
GNU/Linux felt like "activism" 20 years ago. Now it's mainstream.
Cybersecurity Means Real Security, Not Back Doors
Standing our ground on technology and cybersecurity is an uncompromisable stance
Links 08/11/2025: Disinformation Crisis, Denmark Recognises Threats Associated With Social Control Media
Links for the day
The Free Software Foundation (FSF) is Besieged for the Times It Does the Right Things
As that upsets rich people's interests (and they were, at times, sponsors)
Links 08/11/2025: Technical and Financial GAFAM Woes and Arrests of Journalists by Despots
Links for the day
Like SUSE, IBM Red Hat Seems to be Using LLM Slop to Write Fake (Bot-Generated) Blog Posts
IBM Red Hat keeps promoting slop
Corruption is a Reality, It's Not a Dirty or a Strong Word
Corruption is a topic some newspapers shy away from
How German Media Covered Cocainegate at The European Patent Office (EPO)
At some point we'll ask that same press to revisit the issue and this time comment on the EPO connection
Our Launch of Techrights Search Has Been Successful (So Far)
There are about 50,000 articles indexed there, going 19+ years back
Daniel Pocock Explains Social Engineering in Debian and Other Communities Increasingly Controlled by "Barons"
Communities are not corporations
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 07, 2025
IRC logs for Friday, November 07, 2025
Rosanna Yuen & GNOME community triple tricked
Reprinted with permission from Daniel Pocock
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Crypto AG tricked ETH Zurich student internship
Reprinted with permission from Daniel Pocock
An Old Story of Fraud at the EPO in the Netherlands (and How the Dutch Government Facilitated It)
We've already mentioned several other scandals where the the Dutch government engaged in fraud and passive corruption
Voicing Concerns About European Patent Office (EPO) in Rijswijk
The report is dated yesterday
Gemini Links 08/11/2025: KeePassRX and Pluribus
Links for the day
IBM Layoffs Not Done, Terminations of Staff in India, Brazil, and Mexico Reported
This hopefully answers questions such as, "do the layoffs only impact US and Canada?"
Slopwatch: Brian Fagioli Targets "Linux" With LLMs, Google News Helps Blame "Linux" for Amazon WorkSpaces Flaws
Tonight's slopfest
Gemini Links 07/11/2025: Switzerland, k3s, and Privacy
Links for the day
Links 07/11/2025: Software Patents Squashed, Stock Markets Wobble Over Slop Uncertainties
Links for the day
A 19th Anniversary and High-Impact Exclusives
The end of 2025 will be very difficult for EPO management
The Register MS, Payroll First
GNU/Linux is a growing platform
Links 07/11/2025: US Government Shutdown Imperils Critical Functions, Slop in "AI" Clothing Debunked Some More, Bubble's Implosion Ongoing/Imminent According to Experts
Links for the day
Gemini Links 07/11/2025: No Goodbyes, Homelab, Mouse Keys / Pointer Keys
Links for the day
12 Years for Justice is Far Too Slow (and More People, Especially Women, Are Hurt)
Why do police departments and legal systems fail to protect women?
Before Freenode Collapsed Its Staff (the People Who Now Run Libera.Chat) Were Censoring/Silencing Some Free Software Supporters
We still have this issue in the Free software community
Freenode and irc.com Are Still Around
It emulates retro terminals
We Don't Compete, We Analyse and Report
Principles are so much better than money and they're something money can never acquire
Red Hat is Also Laying Off Staff in India
Red Hat is a dishonest company
All We Want to See is Any Form of Accountability in Europe's Largest Institutions
Because people at the top of institutions should never be above the law!
Finding Recent Talks of Richard Stallman
We already have many pages, documents, and media files. Organising them and helping people find them is the next Big Task.
Richard Stallman First Speaker at Ethereum Cypherpunk Congress the Weekend After This Coming Weekend
He'll be speaking over the Net
Diversity at Red Hat
Remember to judge corporations by their actions, not some Web pages with words in them
First the Python Software Foundation (PSF) Attacked Its Most Productive Volunteers. Now It Attacks Its Funding Sources.
The U.S. National Science Foundation (NSF) rejected by PSF
News of Substance About the EPO's Substance Abuse (Cocaine)
EPO Cocaine Chronicles - link to archived BILD article and photos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 06, 2025
IRC logs for Thursday, November 06, 2025
On Midlife Crises
Focus on the sabotage, not politics
Hallmark of Fake News: "Single-digit" (Percentage) and 1% Isn't the Same Thing
apparently "rebalancing" is the new layoffs euphemism
Links 07/11/2025: Patent Trolls Target Germany, Celebrities Visit Ukraine
Links for the day
Misinformation/Disinformation Disguised as Information About GNU General Public Licenses (GNU GPL) Usage
GPL-type licences (reciprocal obligations) remain dominant
Slopwatch: LinuxSecurity, Brian Fagioli, and Google News Boosting WebProNews (All Slopfarms)
Those slopfarms just saturate the Web with misinformation and mindless chaff
Techrights and Tux Machines at Over 40
19 years of Techrights and 21+ years of Tux Machines
IBM Mass Layoffs This Week Not Limited to North America, Red Hat Staff Terminated
Do not relocate for a company that sees you as nothing but a number or a "human resource"
Coming Soon: More Proof of Cocaine Use at Europe's Second-Largest Institution
Stay tuned
Entering Our 20th Year
...and still looking for answers