[M4IF Discuss] RE: [M4IF News] Results M4IF Fairfax Meeting

AVARO Olivier FTRD/DIH/REN olivier.avaro rd.francetelecom.com
Tue May 28 09:36:27 EDT 2002


Dear Rob, all,
> > Maybe the best way to handle the structured audio case is 
> > that an existing patent pool extends its license to 
> > structured audio. 
> 
> If there are no patents (known) on SAM that's not only raising 
> huge anti-trust issues, it's plain nonsensical - how would you 
> extend a patent pool with non-existent or unknown patents?

Please read my mail :-)
1- If someone believes there is no patent, he can take the risk to implement SA even if SA is in the scope of a patent pool. Some companies are e.g. using part of MPEG-2 without paying anything to MPEG-LA because they believe that the part of MPEG-2 they are using is patent free.
2- The "scope" of a patent pool is broader that the set of patents, e.g., it's MPEG-2 Visual at Prof. x. There are lot of technology in Prof. x not covered by patents. Are you saying this is nonsensical and raise huge anti-trust issues ? At least it has been working for the last couple of years :-) All I am saying is that SA should be in the scope of an existing patent pool. It will just make our life simpler.
> If there *are* patents on SA (which we will try and find out)
> then things would be different. But even then a company like 
> Soundball will rightly ask "why do I need to license (e.g.) 
> MPEG-4 AAC patents if I only want to implement SA?" 
>
Again, they don't need to. You are never forced to do these things (well, in some case where there are infringement indeed you can ;-)
> > I doubt as well that companies that have patents would declare 
> > this upon request even from M4IF (why should I do this ? just 
> > to say hello ? when it is about seting a patent pool, the 
> > issue is different), 
> 
> Please read the resolutions of the last M4IF meeting - IF there 
> are patents reported, that's *exactly* what this is about.
> (http://www.m4if.org/public/documents/vault/m4-out-20016.php)

Why should patent holder report patents ? I am not sure we are going to prove anything if there are no answer. (Same for JVT BTW).But if people feels that the risk is lower if nobody responds, this is fine with me.
cu,
O.


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