[IP] Re: The MP3 patent debacle

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Lars Poulsen <lars@beagle-ears.com>
Date: February 26, 2007 1:46:23 AM JST
To: dave@farber.net
Subject: Re: [IP] Re: The MP3 patent debacle

Four observations:
(1) This is eerily similar to the GIF patents: An extortionary demand
   pops up only after a decade of widespread use, shortly before the
   patent expires
(2) Although the alleged infringement is industry-wide and spurs
   fears throughout the developer community, the legal and monetary
   action is almost exclusively between a pair of large players
   with deep pockets and large legal staffs
(3) The developer community urges rapid adoption of an open alternative,
   but it will not be deployed before patent expiration makes it moot.
(4) Eventually, the well-known technology stays in place and is "safe"
   after the patents expire.

We should not be surprised (only disappointed) that such a case is
decided by a jury (from which anyone who understand the technical
and economic issues will have been excluded). The great wonderment
is that Microsoft seems to have been given no credit for actually
having licensed (or at the very least made a full-faith effort to
license) the patent in question.

/ Lars Poulsen


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