[Vorbis] patent issues with Vorbis

[Dan Hollis]

On Wed, 30 Mar 2005, Ralph Giles wrote:
> On Wed, Mar 30, 2005 at 03:31:32PM +0530, KumarBraj Bhushan wrote:
> > I have started with patents listed on the website of "www.mp3licensing.com". Some of them are very generic and it appears as if Vorbis code might be infringing upon few of them. They are (with their patent numbers and titles) :
> In general, Vorbis uses alternate methods to the ones described in these 
> patents.

Someone from fraunhofer publically stated many (many) years ago they 
believed vorbis infringed on mp3 patents. However they have not to date 
filed any infringement suits.

The law takes a _very_, _VERY_ dim view of companies who are aware of 
infringement but _deliberately_ choose to do nothing until many years 
later. As is the current situation with fraunhofer/mp3licensing. (except 
that in this case, they _still_ have not filed any claims).

The very first question out of a judge's mouth will be to ask them why 
they did not file an infrigement suit as soon as they were aware of 
it (and as they publically claimed). And they had better damn well have 
the best answer in the universe.

For those of us watching, this indicates to us mp3licensing doesn't have 
diddly shit, and is a better indicator and stronger statement of the 
patent situation with vorbis than any statement xiph could ever make.

fraunhofer's / mp3licensing's silence on the matter speaks volumes.

-Dan