[opendtv] Re: News: M'soft coup starts media codec fight
- From: "John Willkie" <johnwillkie@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Thu, 21 Oct 2004 12:00:01 -0700
Craig,
"Better" misses the point. If you are the only gas station in a hundred
miles, you can charge what "the market will bear" -- you set your own
prices. If there is a competing station across the street, the "market"
will not let you charge much more than the competition. If the competing
station is two miles away, you can charge just a little bit more than the
other station, were you so interested.
Also, you ACT as if you know something of the licensing terms. Since you
phrase it that way, you know little or nothing.
The real sticking point with the licensing terms between AVC and VC-1 is
indemnification. There is no indemnification required or addressed, since
you have all the license you need with AVC's licensing terms. With VC-1,
Microsoft grants you no such assurance; you grant them a license to your
improvements to their codecs, and you share liability.
INDEMNIFICATION is the KEY issue these days. Getting no indemnification
from MS and -- if sued for IP -- having to share the defendant's table with
them is a no-brainer: only idiots will take those terms. MS has endless
money and can defend all the way to them losing. If you drop out when you
run out of money, you have to settle with the plaintiffs.
This is not new information on this list: I've said it at least once
before, on this very topic. Rob K. has even alluded to it. I've even
discussed it with people at last year's Tech Retreat.
I won't go into my work-around on this (AVC and VC-1 format descriptors are
included in my metadata/PSIP generator) but to complain about pennies per
unit in the light of millions of dollars of exposure (ever try to hire an IP
attorney? how about an IP attorney who appears in court) is FOLLY, abstruse
and "unhelpful."
John Willkie
-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx
[mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of Craig Birkmaier
Sent: Thursday, October 21, 2004 8:22 AM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: News: M'soft coup starts media codec fight
At 7:44 PM -0400 10/20/04, Tom Barry wrote:
>Even if it takes forever for VC-1 to become a standard it at least has
>the useful function of putting competitive pressure on the licensing
>terms for AVC.
>
Exactly how does it accomplish this?
Have you seen the licensing terms?
Do you know what the companies that hold IP in both AVC and VC-1 are
demanding?
I will be amazed if the terms for VC-1 are any better than those for AVC.
Regards
Craig
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