Re: [gNewSense-users] More on the mp3 issue

[J.B. Nicholson-Owens]

Brian Kemp wrote:
> Well, I've done a little digging, and I found this gem from the 
> wikipedia article on MP3:
>
> http://en.wikipedia.org/wiki/MP3

Regardless of what the patent policy is today, it could change.

The USPTO issued at least two patents on ideas covering the LZW 
compression algorithm (commonly used in making GIF files), one to IBM 
and another to Unisys (this is its own problem with software patents). 
In 1995, Unisys said:

> Unisys does not require licensing, or fees to be paid, for
> non-commercial, non-profit GIF-based applications, including those
> for use on the on-line services.
>
> Concerning developers of software for the Internet network, the same
> principle applies. Unisys will not pursue previous inadvertent
> infringement by developers producing versions of software products
> for the Internet prior to 1995. The company does not require
> licensing, or fees to be paid for non-commercial, non-profit
> offerings on the Internet, including "Freeware".

In 1999 Unisys said:

> Unisys has frequently been asked whether a Unisys license is required
> in order to use LZW software obtained by downloading from the
> Internet or from other sources. The answer is simple. In all cases, a
> written license agreement or statement signed by an authorized Unisys
> representative is required from Unisys for all use, sale or
> distribution of any software (including so-called "freeware") and/or
> hardware providing LZW conversion capability (for example, downloaded
> software used for creating/displaying GIF images).

Source: http://burnallgifs.org/archives/

Unisys is leveraging the same power other patent holders have.  Patent 
license policies can change at the whim of the patent holder.  There is 
no guarantee a patent holder will grant you a license at all.

> The patents seem to expire in the US in 2010.  In the meantime, I'll 
> use Ogg Vorbis.  (The wikipedia article states that the patent issue 
> is partially what spawned all of the competing formats.)

Where this discussion concerns policy recommendations for the entire 
distribution (as opposed to your own personal use), I recommend checking 
out the state of patents internationally because gNewSense GNU/Linux is 
intended for use worldwide.

According to http://en.wikipedia.org/wiki/Software_patent these patents 
are generally good for 20 years.  20 years from the latest date of grant 
of any of the patents listed in http://mp3licensing.com/patents/ falls 
on October 20, 2023 (the "Method for transmitting a TDAC coded audio 
signal" patent was granted in Norway on October 20, 2003).  I offer this 
as an estimate of when any of the known patents covering MP3 is no 
longer enforcible anywhere in the world.