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

Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
 
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025