How to rool the roust. …
Originally posted by The Register:
It's got something to do with FUD, the fear – unproven – that Ogg infringes patents, that using Ogg could leave you open to prosecution by patent holders and trolls. MP3 and H.264 might be closed and paid for, but they provide licensees peace of mind in this environment of paranoia. "Some people are nervous about putting Ogg in their browsers because of the patents," Drury said.
This is a long article following the words Steve Jobs had with Adobe about the way that Adobe Flash doesn't work properly
Microsoft hinted at as much when it announced that H.264 will be the only codec IE 9 will use to play HTML 5 video. IE general manager Dean Hachamovitch suggested there could be problems over patents in other unnamed codecs that often come up in discussion.
Microsoft's general manager added breezily that H.264 poses no such concerns. Plus, he said, it's broadly available through a "well-defined program" managed by MPEG LA.
"a "well-defined program"" is a broad term.
A "police action" might be a quiet word in your ear about dropping litter or a broad term description of a 1950's war with North Korea.
MPEG LA, meanwhile, has been telling the world that Ogg Theora is risky from a patents' perspective. Chief executive Larry Horn said in an interview here: "No one in the market should be under the misimpression that other codecs such as Theora are patent-free. Virtually all codecs are based on patented technology, and many of the essential patents may be the same as those that are essential to AVC/H.264."
If you invent something and fail to patent it, you stand in danger of having someone usurp the invention and patent it themselves. Or more likely, have other businesses use your invention to crowd a market that is already owned by them.
All you have to do with stuff open sourced is publish the fact that it is licensed from the authors as such.
The group claims there are "attributes" in Theora that are present in other codecs it licenses.
Of course, "attributes" are not the same as patents.
Asked whether patents have been determined to exist in Theora and whether MPEG LA members have discussed how to collect the patents, Horn in an email to The Reg said he had no comment "at this time".