"Dark Shikari makes several considerations, some related to the implementation itself, and many related to its “patent status”. For example: “VP8’s intra prediction is basically ripped off wholesale from H.264″, without mentioning that the intra prediction mode is actually pre-dating H264; actually, it was part of Nokia MVC proposal and H263++ extensions published in 2000, and the specific WebM implementation is different from the one mentioned in the “essential patents” of H264 as specified by the MPEG-LA.
If you go through the post, you will find lots of curious mentions of “sub-optimal” choices:
[big list of the identical features with minor differences between H.264 and VP8]
What we can obtain from this (very thorough – thanks, Jason!) analysis is the fact that from my point of view it is clear that On2 was actually aware of patents, and tried very hard to avoid them. It is also clear that this is in no way an assurance that there are no situation of patent infringements, only that it seems that due diligence was performed. Also, WebM is not comparable to H264 in terms of technical sophistication (it is more in line with MPEG4/VC1) but this is clearly done to avoid recent patents; some of the patents on older specification are already expired (for example, all France Telecom patents on H264 are expired)."
There's also a follow up here which discusses the thought process behind the 49 potential H.264 patents:
That's not an analysis, but a commentary on the work Jason did.
But he says a lot of BS, like, "In fact, one of the most brain damaged things of the current software patent situation is the fact that if a company performs a patent search and finds a potential infringing patent it may incur in additional damages for willful infringement (called “treble damages”). So, the actual approach is to perform the same analysis, try to work around any potential infringing patent, and for those close enough cases that cannot be avoided try to steer away as much as possible. So, calling Google out for releasing the study on possible patent infringement is something that has no sense at all: they will never release it to the public."
Patent law makes it VERY clear that treble damages occur with WILLFUL infringement. Good faith efforts, the inevitably fail, won't be subject to treble damages.
It seems like he's bending over backwards to show that Google shouldn't disclose anything, which is absurd.
His opinion that the suboptimal choices means that WebM has avoided the H264 patents seems very suspect to me. And contradictory, because if they did do what he said, and did accidentally infringe, by his (incorrect) logic they'd be liable for treble damages. Blech.
Mozilla's on the record as being told by their counsel not to openly publish patent research they did for Theora. They weren't happy about it, because it opens them up to FUD, but we all know patent law is messed up, one more absurdity shouldn't surprise us.
http://carlodaffara.conecta.it/an-analysis-of-webm-and-its-p...
Some highlights:
"Dark Shikari makes several considerations, some related to the implementation itself, and many related to its “patent status”. For example: “VP8’s intra prediction is basically ripped off wholesale from H.264″, without mentioning that the intra prediction mode is actually pre-dating H264; actually, it was part of Nokia MVC proposal and H263++ extensions published in 2000, and the specific WebM implementation is different from the one mentioned in the “essential patents” of H264 as specified by the MPEG-LA.
If you go through the post, you will find lots of curious mentions of “sub-optimal” choices:
[big list of the identical features with minor differences between H.264 and VP8]
What we can obtain from this (very thorough – thanks, Jason!) analysis is the fact that from my point of view it is clear that On2 was actually aware of patents, and tried very hard to avoid them. It is also clear that this is in no way an assurance that there are no situation of patent infringements, only that it seems that due diligence was performed. Also, WebM is not comparable to H264 in terms of technical sophistication (it is more in line with MPEG4/VC1) but this is clearly done to avoid recent patents; some of the patents on older specification are already expired (for example, all France Telecom patents on H264 are expired)."
There's also a follow up here which discusses the thought process behind the 49 potential H.264 patents:
http://carlodaffara.conecta.it/on-webm-again-freedom-quality...