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Blizzard: HTML5 video and H.264 - what history tells us and why we're standing with the webBlizzard: HTML5 video and H.264 - what history tells us and why we're standing with the webPosted Feb 2, 2010 15:19 UTC (Tue) by DonDiego (subscriber, #24141)In reply to: Blizzard: HTML5 video and H.264 - what history tells us and why we're standing with the web by Per_Bothner Parent article: Blizzard: HTML5 video and H.264 - what history tells us and why we're standing with the web
> Flash is in principle the lesser evil, since (I believe) it can be legally
> re-implemented in Free Software. H.264 cannot, in many parts of the world.
This is wrong, please get a clue about patents. It is not illegal to implement a patented technique, in free or proprietary software, anywhere in the world.
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Blizzard: HTML5 video and H.264 - what history tells us and why we're standing with the web Posted Feb 2, 2010 16:41 UTC (Tue) by Trelane (subscriber, #56877) [Link] This is wrong, please get a clue about patents. It is not illegal to implement a patented technique, in free or proprietary software, anywhere in the world.http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent The right conferred by the patent grant is, in the language of the statute and of the grant itself, the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.(emphasis mine)
patents and legality Posted Feb 3, 2010 1:47 UTC (Wed) by DonDiego (subscriber, #24141) [Link]
Correct. The patent holder receives a *right*, not an obligation. That very much does not make the act of implementing a patented technique illegal. The patent holder may choose never to enforce rights or you may reach some sort of deal.
This is very much unlike stealing or murder, where the state has an obligation to go after you and where you can never be excused or make a deal.
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