[opendtv] HEVC Licensing Terms Not Done Yet

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Tue, 27 May 2014 12:04:58 -0400

http://www.tvtechnology.com/news/0086/hevc-licensing-terms-not-done-yet--/270525

TVTechnology: HEVC Licensing Terms Not Done Yet

NEW YORK— While it had been hoped that a patent pool license for the High 
Efficiency Video Coding compression scheme would be available from licensing 
body MPEG LA by now, vendors that required this patented technology to build 
their products are still waiting. 

The new HEVC Patent Portfolio License will clear the way for manufacturers to 
develop hardware-based compression boards based on it, software algorithms that 
take advantage of it, and newly emerging decoding technology to enable all 
video files to be displayed on Ultra HD TVs, computers, tablets, and smart 
cellphones. 

It’s also welcome news for encoder manufacturers like Ateme, Cinegy, Elemental 
Technologies, Ericsson Harmonic and Wowza to name a few, which have clamored 
for a resolution on the licensing terms so they can begin shipping units to 
customers. Indeed, many vendors have already sent prototype units to key 
customers, and monitoring usage, however small at this point, in order to test 
the technology and see if the promised bandwidth savings, without affecting 
image quality, are real.

“We hope to issue an HEVC license during the summer,” said Tom O’Reilly, 
manager of Research and Public Relations at MPEG LA, LLC. “As I am sure you can 
understand, it takes time to bring together so many parties each with their own 
independent decision-making and approval process under the same agreements.” 

Indeed, the holdup is reportedly surrounding the pooling of as many patent 
holders as possible under a single license so that users have the option to pay 
the fee to one organization, rather than to negotiate individual licenses with 
each patent holder. 

“As contemplated, the HEVC license will utilize a modern streamlined pool 
licensing approach with simple easy-to-understand terms, making the technology 
readily accessible to the largest possible market in the shortest possible 
time,” said Larry Horn, MPEG LA president and CEO, in a statement in a release 
announcing preliminary terms. “MPEG LA salutes the cooperation of patent owners 
who have worked hard to reach common ground in making a joint patent license 
available for the convenience of HEVC adopters.” 

In January, MPEG LA released a preliminary fee structure, with parameters 
similar to its H.264 license. Both H.264 and HEVC allow the first 100,000 units 
to be used for free, and both charge $0.20 per unit (stream) after that. 
However, with H.264, the royalty drops to $0.10 after 5 million units and is 
capped at $6.5 million. While the HEVC Patent Portfolio License document has 
not been made public at this point, O’Reilly said the HEVC royalty, which would 
be capped at $25 million annually per licensee, may increase by limited amounts 
at each renewal term. 

The significant difference between H.264 (MPEG-4) and H.265 (HEVC) licensing 
terms reflects the potential multiple—some still unknown—uses that new IP-based 
video services will require in the future. 

“There are always some business risks in trying to determine what the licensing 
structure will be and then developing a product that fits our business models,” 
said Keith Wymbs, vice president of marketing at software-based encoding 
technology supplier Elemental Technologies. “We believe earlier disclosures on 
the HEVC Patent Portfolio License is a best case scenario for the entire 
industry.” 

MPEG LA has said HEVC and MPEG-H Part 2 standard, has been designed to improve 
video coding and, thus, video streaming for Internet and mobile service 
providers. It is also said by others in the industry that HEVC reduces the data 
rate needed for video coding by 50 percent when compared to the current 
state-of-the-art, H.264 while delivering better image quality. That extra 
bandwidth gained through HEVC compression is sorely needed, as files get bigger 
and ever greater in number. 

Under the original proposal, royalty fees for HEVC products were supposed to be 
paid retroactively from May 1, 2013, but this has been suspended pending the 
final licensing terms. 

“As MPEG LA is not yet offering an HEVC license, no royalties are due to MPEG 
LA at this time,” O’Reilly said. “However, when MPEG LA does issue an HEVC 
license, royalties will be payable for HEVC products from May 1, 2013 forward.” 

Another issue that will be part of the final licensing agreement: There are no 
content-related royalties assessable to those who sell content on a 
subscription, pay per stream or pay per download basis. This will save 
companies like Adobe Systems, Apple, Cisco, Microsoft and others significant 
sums of money. 

“Per the HEVC license terms that have been announced, there will be no separate 
royalties for HEVC content,” O’Reilly said, “but that only pertains to 
royalties payable to MPEG LA for the benefit of HEVC patent holders with regard 
to their patents under the License.Any remuneration between content owners and 
resellers of that content is a matter entirely separate from royalties payable 
for the patent license to be negotiated and determined by those parties.” 

In addition, content distributors are not mandated to use HEVC and in fact some 
(Google) have stated they will instead use VP9, an open and royalty-free 
compression standard being developed by Google. 

As of January, the list of essential patent holders that have agreed on 
preliminary HEVC license terms includes: Apple Inc., British Broadcasting 
Corporation, Cisco Technology, Electronics and Telecommunications Research 
Institute of Korea, Fraunhofer-Gesellschaft zur Foerderung der angewandten 
Forschung e.V., Hitachi Maxell, Ltd., Humax Co., Ltd., JVC Kenwood Corp., KT 
Corp., LG Electronics Inc., M&K Holdings Inc., NEC Corp., Nippon Hoso Kyokai, 
Nippon Telegraph and Telephone Corp., NTT Docomo, Inc., Orange SA, Siemens AG, 
SK Telecom, Telefonaktiebolaget LM Ericsson, Thomson Licensing, and Vidyo, Inc. 
Apparently, four companies that have signed on have asked not to be identified. 
 
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