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Online video patents: an impassable thicket?

Cory Doctorow at 10:52 pm Fri, Jul 2, 2010

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Posting on New America Foundation's site, copyfighting lawyer Wendy Seltzer gives an excellent primer on the patent thicket around online video, where multiple corporations assert overlapping claims to ownership of patents on practically every video format, and reserve the right to use these claims to shut down video-sharing sites. Luckily, a pair of free/open video formats are on the scene, and have the potential to make video on the Web as unrestricted as HTML, RSS, and the other standards that power it:
On June 20, 2009, nearly 150,000 people witnessed the death of 26-year-old Neda Agha-Soltan, but unlike the Iranians who passed her by in the street, they weren't bystanders to the post-election turmoil in Tehran that claimed her life. They were merely the first of over 600,000 who have since viewed a now-symbolic YouTube video that helped propel the opposition political movement forward in the following days of protest. The democratizing power of the Web lies in video like this one--not just because of its content, but because anyone with an Internet connection can contribute to a global dialogue.

But imagine if the person who shot this video had been unable to post it anonymously or if YouTube viewers had to pay to watch it. If online videos were subject to patent licensing fees, users could be charged per-view to capture those fees. Beyond the ethical dilemma profiteering from a tragic death, video licensing could reduce the democratic nature of free and open Internet content to monetizable media. The funny cat videos would be gone forever (perhaps not the greatest loss), but so too would the movement-inspiring Nedas of the future remain unknown.

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I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.

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  • MadRat

    There is already an armies of lawyers arraying themselves on the legal field of battle to destroy the royalty free claim Google is making on the VP8 video codec. It’s worth noting that Google doesn’t give a guarantee VP8 (which is used in WebM) is royalty free.

    Google’s “Royalty-Free” WebM Video May Not Be Royalty-Free for Long

    http://digitaldaily.allthingsd.com/20100520/googles-royalty-free-webm-video-may-not-be-royalty-free-for-long/

    • Ralph Giles

      If we’re following the talking points, it’s worth noting that the MPEG Licensing Association doesn’t guarantee that paying their royalty exempts one from third party infringement either. Welcome to the patent system.

      Hmm, What comes after that…oh yes! When will boingboing make its video available in one of those free formats?

  • bersl2

    That site feels and looks really, really new. The organization behind it has decided to take on a lot of issues.