[vorbis] Fraunhoffer claims patents on other formats

[Thomas Marshall Eubanks]

Roland Nagtegaal wrote:

> I heard that once you publish an invention or algorithm in a journal
> like the American Journal of Mathematics and the like, with a sample
> implementation, this work can no longer be patented.
> In the high-tech industries this is sometimes used to hurt the
> competition, so that they can no longer can have exclusive rights
> to some technology.
>
> I think all you have to do is publish the principles behind
> vorbis in one of those academic journals, and you'll be save.
> It would certainly count as prior art.
>
> Roland

The question here is not whether parts of Vorbis cannot be patented,
being prior art, but whether parts can. If any part can, then you are (IMHO)
taking a big risk in not doing so. If someone else tries to grab it, remember,
you don't get to decide what prior art is examined,
nor will you be asked to comment. It's all done in secret - at least for now.
All you can do, if it passes the PTO, is sue.

Open Source does NOT equal patent free. If you want to license your patent to all,
I see no reason why you cannot have a binding license. That's the "L" in GPL, after
all.

                                 Regards
                                 Marshall Eubanks

>
>
> On Sun, Oct 01, 2000 at 10:14:15PM -0700, Rich Burroughs wrote:
> > On Mon, 2 Oct 2000, Marshall Eubanks wrote:
> >
> > > This does not sound like the way to secure the open source movement.
> >
> > I disagree completely. It's been my understanding that, beyond the
> > improvements in technology, the main point of Vorbis is to be patent-free
> > and open source so we don't have to deal with the kind of licenses that
> > Fraunhofer is trying to push on people. What if iCast were to patent
> > Vorbis, and then some bean counter decided that they really should be
> > making money off this project that they are funding the development
> > of? What would stop us from ending up as much at their mercy as we now are
> > to Fraunhofer?
> >
> > No thanks. I applaud the folks who started the project for making it open
> > and patent free, and I hope it stays that way.
> >
> >
> > Rich
> >
> >
> >


--

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     tme at multicasttech.com

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

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