[vorbis] Fraunhoffer claims patents on other formats

[Marshall Eubanks]

John Morton wrote:
> 
> On Sat, 30 Sep 2000 12:49:55 -0400 Marshall Eubanks <vorbis at xiph.org> wrote:
> 
> > Have you guys started to patent the Vorbis stuff ? It is my STRONG
> > opinion that open source will HAVE to have patents, in order to fight
> > off stuff like this.
> 
> That shouldn't be necessary. Mearly documenting the technology used in
> Vorbis with indepenently verified dates of first use would mean that
> Vorbis would have prior art claims should anyone else wish to patent the
> tech that's being used.
> 
> John
> 
Hello;

   I think that that is naive, although maybe the laws in
New Zealand are different.

This applies to the US only :

We used to be first to invent - unlike the rest of the world, which was
first to file.

Now we are basically on the first to file system too, with one out.

Suppose there were no patents applied for with Vorbis.

My understanding is that if someone else invented something in Vorbis
AND got a patent on it (not just applied for it, but received it),
THEN it would be up to Vorbis implementers to show that they indeed
had prior art (i.e., they would have a defense against a suit) AND the patent
would still stand, except just not for the vorbis implementers
(i.e., the implementers would be protected, but no one else could be)
AND that the implementers would not have standing to sue to
invalidate the existing patent.

This does not sound like the way to secure the open source movement.

WHEREAS, if you have an open source patent, you can just sue anyone who
tries to patent it or use it in an non-open source fashion your software.

PLUS, the real benefit of patents is to horsetrade - don't sue us
on this, and we won't sue you on that. No patents, no horsetrading.

I am not a lawyer, but I could easily get a legal opinion here.

                                   Regards
                                   Marshall Eubanks

 

   T.M. Eubanks
   Multicast Technologies, Inc.
   10301 Democracy Lane, Suite 410
   Fairfax, Virginia 22030
   Phone : 703-293-9624
   Fax     : 703-293-9609

   e-mail : tme at on-the-i.com     

        http://www.on-the-i.com         http://www.buzzwaves.com

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