French laws don’t recognize software patents so videolan doesn’t either. This is likely a reference to vlc supporting h265 playback without verifying a license. These days most opensource software pretends that the h265 patents and licensing fees don’t exist for convenience. I believe libavcodec is distributed with support enabled by default.
Nearly every device with hardware accelerated h265 support has already had the license paid for, so there’s not much point in enforcing it. Only large companies like Microsoft and Red Hat bother.
let’s not go too far though… the holders of h264/h265 did put a lot of money and effort into developing the codec: a new actual thing… they are not patent trolls, who by definition produce nothing new other than legal mess
On the other hand, Fraunhofer is obnoxious enough about licensing and enforcement that companies like Google invested similar money and effort into developing open-source codecs just to avoid dealing with them.
There are good FOSS codecs and there are good proprietary codecs. The latter are being standardized where the former may not, and pushed where they are not needed.
Additionally, companies doing business in the US also follow US laws. If they don’t, they could still be sued overseas (or stop doing business over there).
America has the odd idea that software is considered patentable. Since the developers of VLC are French, and software isn’t considered patentable in France, they’re saying “Va te faire enculer” to people who want to sue them.
Why is it odd to be able to patent software specifically? I don’t see how it’s different from medicine or anything physical. To clarify, I’m not arguing the merits of patents in general, just asking why software is different.
Because software is math, and like math, it’s basically a way of expressing things that are true about the universe. Allowing only some people to say those things would be nonsense.
Imagine if someone patented Pythagora’s Theorem and only they were allowed to use it. You couldn’t even begin to count the ways in which it would be impractical. Similarly, audio or video codecs for example are just ways of describing sound waves or images more efficiently.
Yes, there is work that goes into finding these algorithms, just like there is work that goes into new mathematical theorems and proofs, but that work gets rewarded and protected in other ways (copyright etc.)
I get it now, but moreso because of the argument that another person made. I don’t get your argument that “math can’t be patented.” If that were the case, anyone discovering a new drug through software couldn’t patent it because it was made in software, and since software is just math using a combination of known axioms, theorems etc, that drug was derived from axioms, and therefore that drug wouldn’t be patentable. It’s like saying you can’t patent a wheel, not because the wheel was invented a number of times, but because the wheel was made out of wood. Patented tech, by nature, has to be produced by existing things regardless of whether those things are patented. It shouldn’t matter if the invention is inherently physical or not.
You can patent things made with software, just not the software algorithms themselves.
I understand that it’s possible, but I don’t understand why, legally speaking, a distinction is made. US courts don’t seem to know either as they use the same argument that you gave (software is math), except they allow complicated software to be patented.
Crucially, the article mentions that drug patents would still be strongly enforced in the EU, Japan, and the US. It’s great that India is making drugs more accessible, but I don’t see how it’s relevant to the differences in hardware and software for patentability.
What it means is that ultimately it’s all politically and commercially motivated. If a country wants to make it possible to patent something they’ll do it, even if it’s nonsense (software) or cruel and exploitative (drugs).
Can someone elaborate?
They don’t recognize or value software patents because they aren’t recognized by the government where the project is run from.
Vive la France!
Seeing the last law on immigration :/
We got fucked real bad but we are coming for our rulers and will take down their previous work
Valid.
French laws don’t recognize software patents so videolan doesn’t either. This is likely a reference to vlc supporting h265 playback without verifying a license. These days most opensource software pretends that the h265 patents and licensing fees don’t exist for convenience. I believe libavcodec is distributed with support enabled by default.
Nearly every device with hardware accelerated h265 support has already had the license paid for, so there’s not much point in enforcing it. Only large companies like Microsoft and Red Hat bother.
They bother because they are US based and can be hounded by the patent
trollsholderslet’s not go too far though… the holders of h264/h265 did put a lot of money and effort into developing the codec: a new actual thing… they are not patent trolls, who by definition produce nothing new other than legal mess
On the other hand, Fraunhofer is obnoxious enough about licensing and enforcement that companies like Google invested similar money and effort into developing open-source codecs just to avoid dealing with them.
There are good FOSS codecs and there are good proprietary codecs. The latter are being standardized where the former may not, and pushed where they are not needed.
It’s not a market choice.
Additionally, companies doing business in the US also follow US laws. If they don’t, they could still be sued overseas (or stop doing business over there).
America has the odd idea that software is considered patentable. Since the developers of VLC are French, and software isn’t considered patentable in France, they’re saying “Va te faire enculer” to people who want to sue them.
Why is it odd to be able to patent software specifically? I don’t see how it’s different from medicine or anything physical. To clarify, I’m not arguing the merits of patents in general, just asking why software is different.
Because software is math, and like math, it’s basically a way of expressing things that are true about the universe. Allowing only some people to say those things would be nonsense.
Imagine if someone patented Pythagora’s Theorem and only they were allowed to use it. You couldn’t even begin to count the ways in which it would be impractical. Similarly, audio or video codecs for example are just ways of describing sound waves or images more efficiently.
Yes, there is work that goes into finding these algorithms, just like there is work that goes into new mathematical theorems and proofs, but that work gets rewarded and protected in other ways (copyright etc.)
I get it now, but moreso because of the argument that another person made. I don’t get your argument that “math can’t be patented.” If that were the case, anyone discovering a new drug through software couldn’t patent it because it was made in software, and since software is just math using a combination of known axioms, theorems etc, that drug was derived from axioms, and therefore that drug wouldn’t be patentable. It’s like saying you can’t patent a wheel, not because the wheel was invented a number of times, but because the wheel was made out of wood. Patented tech, by nature, has to be produced by existing things regardless of whether those things are patented. It shouldn’t matter if the invention is inherently physical or not.
You can patent things made with software, just not the software algorithms themselves.
Also, funny you should mention drugs…
I understand that it’s possible, but I don’t understand why, legally speaking, a distinction is made. US courts don’t seem to know either as they use the same argument that you gave (software is math), except they allow complicated software to be patented.
Crucially, the article mentions that drug patents would still be strongly enforced in the EU, Japan, and the US. It’s great that India is making drugs more accessible, but I don’t see how it’s relevant to the differences in hardware and software for patentability.
You don’t understand why the law distinguishes between a piece of digital art and Photoshop itself? Come on, dude.
What it means is that ultimately it’s all politically and commercially motivated. If a country wants to make it possible to patent something they’ll do it, even if it’s nonsense (software) or cruel and exploitative (drugs).