decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Madder than a box of codecs | 141 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Microsoft v. Motorola Trial in Seattle - Day 1 ~pj
Authored by: Anonymous on Wednesday, November 14 2012 @ 09:38 AM EST
That's a lot of high-up Microsoft employees Microsoft is calling, is that sort
of thing normal?

It seems to me like they aren't saying anything more than "We want!"
but I could be misinterpreting.

[ Reply to This | # ]

Off Topic goes HERE
Authored by: fredex on Wednesday, November 14 2012 @ 09:43 AM EST
Put 'em here, folks...

[ Reply to This | # ]

Corrections thread
Authored by: nsomos on Wednesday, November 14 2012 @ 09:56 AM EST
Please post corrections here.
Check against PDF's before offering any corrections to those.
A summary in the posts title may be helpful.

Thanks

[ Reply to This | # ]

  • ABCHD -> AVCHD - Authored by: Anonymous on Wednesday, November 14 2012 @ 01:01 PM EST
News picks
Authored by: feldegast on Wednesday, November 14 2012 @ 10:02 AM EST
Please make links clickable

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

COMES
Authored by: stegu on Wednesday, November 14 2012 @ 10:14 AM EST
Local heroes! Please post COMES transcripts in this thread, with HTML markup but
in plain old text mode to facilitate cut and paste.
If you want to join the ranks of heroes and transcribe one or a plurality of
documents, have a look at the Comes vs. Microsoft page for instructions.

[ Reply to This | # ]

Crowded courtroom
Authored by: Anonymous on Wednesday, November 14 2012 @ 10:17 AM EST

I don't think the judge understands how important this case is. The
courtroom is likely to remain packed.

Wayne
http://madhatter.ca

[ Reply to This | # ]

Thank You Phil
Authored by: rsteinmetz70112 on Wednesday, November 14 2012 @ 10:32 AM EST
Thank You Phil for taking the time to go to court and report on the trial for
us.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

I wonder
Authored by: rsteinmetz70112 on Wednesday, November 14 2012 @ 10:46 AM EST
How you are supposed to have a trial about royalty rates without discussing the
actual royalty rates paid in the real world.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

"Microsoft used the H.264 standard, then modified it"
Authored by: indyandy on Wednesday, November 14 2012 @ 11:00 AM EST
Microsoft embracing, then extending, a standard.

Fancy that!

[ Reply to This | # ]

Cost of entry
Authored by: Anonymous on Wednesday, November 14 2012 @ 11:50 AM EST
The whole thing is a private club. If you don't have a required patent to
submit to the pool you may not be invited to participate. This tends to support
the existing players but exclude any new ones. By building up the cost of entry
in this way the old existing players build a locked market.

[ Reply to This | # ]

PJ supports FRAND Abuse
Authored by: Anonymous on Wednesday, November 14 2012 @ 12:18 PM EST
I'm glad PJ supports FRAND abuse in order to vilify MS in order to support
Google.

How can FRAND abuse be justified by OSS proponents?

It boggles the mind the an OSS advocate can try to spin or justify Google's
abuse of SEP patents.

[ Reply to This | # ]

hashtag issues/questions
Authored by: designerfx on Wednesday, November 14 2012 @ 03:08 PM EST
PJ/everyone:

how biased/unbiased are some of the people using that
hashtag?

I noticed FOSSpatents put together a list of people labeled
part of the MS/Moto trial, which immediately makes me
question the fairness and accuracy of reporting by most of
the people using the hashtag. Especially when you look at
the list of subscribers to the list as well.

[ Reply to This | # ]

  • hashtag issues/questions - Authored by: PJ on Wednesday, November 14 2012 @ 04:45 PM EST
    • Bias - Authored by: Anonymous on Wednesday, November 14 2012 @ 06:25 PM EST
      • Bias - Authored by: Anonymous on Wednesday, November 14 2012 @ 06:34 PM EST
        • Bias - Authored by: charlie Turner on Wednesday, November 14 2012 @ 07:20 PM EST
        • Floriated - Authored by: darrellb on Wednesday, November 14 2012 @ 07:32 PM EST
          • Floriated - Authored by: charlie Turner on Wednesday, November 14 2012 @ 09:24 PM EST
          • Floriated - Authored by: Anonymous on Thursday, November 15 2012 @ 12:01 AM EST
        • ROFL - Authored by: Anonymous on Thursday, November 15 2012 @ 08:26 PM EST
All a Cunning plan to find out Competitors royalty rates?
Authored by: SilverWave on Wednesday, November 14 2012 @ 03:38 PM EST
Just a thought.

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | # ]

  • Not a new one - Authored by: Anonymous on Wednesday, November 14 2012 @ 03:58 PM EST
Patent stacking = anti-competitive?
Authored by: Anonymous on Wednesday, November 14 2012 @ 06:43 PM EST
From this: Motorola Cross-examination of Murphy:
"Agreed that there is not much of a real patent stacking issue, if
any."

Does that mean that patent stacking is not legal or anti-competitive?

If so, isn't what Microsoft and Apple are doing to Android manufacturers doing
illegal?

[ Reply to This | # ]

Madder than a box of codecs
Authored by: Ian Al on Thursday, November 15 2012 @ 04:25 AM EST
All the way through I found myself, metaphorically, nodding and thinking 'that's fair' and 'that's a good point'. It has taken me some time to see through to the underlying nonsense.

Microsoft:
Royalty should be proportionate to use of the patent in the relevant standards, resulting in reasonable RAND rates.
Motorola:
Used a simple example that if 10 companies each have one patent in a 10-patent pool, if the royalties are $10, then each gets $1. Judge joked: Good—now there's some math at my level. Do patents not in the pool have the same value? Cannot answer that.
So, the MPEG LA group to which both Microsoft and Motorola belonged, at the beginning, make no allowance for the extent that a patent is used in the standard. The patent owners get an equal share of the royalties.

Microsoft, Garrett Glanz:
May 2003 H.264 adopted. Starts with call for patents. Initial meeting, and MPEG LA coordinates the meeting. MPEG LA collects/distributes royalties...

Pool process description: MPEG LA created a “straw man,” then attendees proposed adjustments. MPEG LA had an external expert determine what patents were essential. Many patent holders were licensees as well. Motorola had mobile phones, set-top boxes for cable TV, that would use the H264 codec. Microsoft had Windows and other products that would use it...

Concern at the pool meetings was that if royalty rates were set too low, patent holders would not contribute their patents. But if rates were set too high, competing codecs might be used instead by licensees...

Motorola suggested the initial units not need to pay royalties, and this was adopted. Motorola said the proposed rates were too expensive for mobile use—would likely then use other codecs.
What, exactly, is the MPEG LA group doing on behalf of their members? H264 is a standard devised by two of the three biggest specialised agencies of the United Nations that devise international standards for the whole world.

The MPEG LA group put out a 'call for patents' that were only valid in the US with the intention of monopolising the H264 international standard in the US in order to monetize, within the US, the international standard set by the United Nations.

They were not protecting the extensive effort in creating the innovative and useful patented inventions. There work was just to put out a call for patents and get an expert to determine which ones were essential to using the international standard in the US and bring the owners of the essential inventions into the pool.

How egregious is this activity? Just to repeat the MPEG LA monetizing business plan:
Concern at the pool meetings was that if royalty rates were set too low, patent holders would not contribute their patents. But if rates were set too high, competing codecs might be used instead by licensees.
So, that's alright, then! If the whole of the rest of the world adopted H264 then US companies could just use a competing codec.
In terms of how Windows functions, if a hardware decoder cannot be found, Windows software will decode the codec.
Microsoft opening statement:
Motorola patents are tangential to XBox, and are rarely called on in real-world use. Interlaced video support is contained in $3 to $4 chips from another company.
Microsoft, Gary Sullivan:
The primary goal was better compression:
So, MPEG LA wanted a monopoly in the US on the math used to compress and decompress the video that had been invented under the auspices of the United Nations by the combined efforts of the world's experts.

Unlike software inventions, codec math inventions can be patented as an invention in most parts of the world. The German Fraunhofer Institute have patents around the world on MP3. It does not matter whether Microsoft encode and decode MP3 using a '$3 to $4 chip' or with software in the Windows Media Player, they are still infringing on the patented math. If MP3 is a de fecto world standard, it is not possible to use an 'alternative codec' to work with MP3. The same applies to H264.

And that's why this is all as mad as a box of codecs.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | # ]

  • Got it in one - Authored by: Anonymous on Thursday, November 15 2012 @ 01:27 PM EST
"There is no ethernet port on Surface tablet."
Authored by: tiger99 on Thursday, November 15 2012 @ 05:30 AM EST
Well, that limits its usefulness to those living in densely populated areas, where WiFi bandwidth rapidly degenerates. Come to think of it, my Motorola Xoom does not have one either, although I think its USB port can be used, with an adaptor.

My grumble is therefore about tablets in general, not just the Surface. I think they would really benefit from a proper ethernet port. The limiting factor is not power, as such things are easy to switch off when not in use. I suspect the real problem is the height of the connector, not compatible with the thinnest of tablets without having a bulge. So I think there is a need for a new design of ethernet connector. If they fit it with PoE, it could be the charging port too.

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )