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22nd September 2003, 13:53 | #1 | Link | |
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New EU Software Patent Directive might make xvid legal
Quote:
"I'm not infringing any MPEG-4 patents because I'm only using MPEG-4 to be compatible with another MPEG-4 product." I say a long shot because the same argument could be used by any company that would otherwise need to license MPEG-4 (or MPEG-2 or WMV or whatever). Hmm, I don't think MPEGLA would be happy about losing all income from the EU overnight.... original slashdot thread |
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22nd September 2003, 14:40 | #4 | Link | |
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Yes, releasing binaries would be much less risky. Of course it would still be open to interpretation.
but... I just discovered that they misquoted on slashdot. That article should read: Quote:
EDIT: It's actually much worse than I imagined. From http://swpat.ffii.org/papiere/eubsa-.../index.en.html Art 6 pretends to do create an exemption for interoperability purposes, but in fact only ensures that the effect of patents is not limited in practically relevant way even when they are a part of standards. and Imagine you own a small software company. You have written a powerful piece of software. This software is a creative combination of 1000 abstract rules (algorithms) and a lot of data. The rules take a few minutes or hours each to [re]invent, whereas developping and debugging the whole work took you 20 man-years. 900 of the rules were already known 20 years ago. 50 of the rules are now covered by patents. You own 3 of these patents. In order to obtain these patents, you had to rush to the patent office, disclose your business strategy and pay lawyer fees. IBM and Microsoft are meanwhile already turning your patented ideas into profit. You want them to stop? Their lawyer teams say you are infringing on 20-30 of their 50000 patents. So you reach a gentlemen's agreement: 3% of your annual sales revenues go to IBM, 2% to Microsoft, 2% .... Nonetheless, one day you enter the profit zone. You are now an attractive company. A patent agency approaches you. You are infringing on 2-3 of their patents, they say. Their claims are very broad. They want 100,000 EUR. Litigation could take 10 years and cost 1 million EUR. You pay. A month later, the next patent agent knocks on the door .... Before long you are broke. You seek protection from a big company. Microsoft offers to buy you for a symbolic fee. You accept. Under a copyright-only system, you would now be independent and rich. But by means of patents, Microsoft and others were able to steal your intellectual property. You have just a few days to change this: if you want to see legal xvid binaries in the EU, then phone/fax/email your MEP today!!! Last edited by temporance; 22nd September 2003 at 14:57. |
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