explanation needed for using patented algorithms

Discussion in 'Legal Issues' started by mr-cracker, Jun 5, 2013.

  1. #1
    Hello,

    I want to make a commercial video converting software, I'm planning to use FFmpeg as my core. well, yes FFmpeg is free to use but it uses some patented algorithms to convert between some extension.

    For example, converting wmv video to mpg. FFmpeg might be using some patented algorithm to do the conversion. the thing is I only write and read 0 and 1. I have done a lot of reading but can't make a complete sense of the licensing.

    Does anyone have knowledge in this matter? any licensing cost estimation? Anything you can tell me, will be great

    Thanks in advance
     
    mr-cracker, Jun 5, 2013 IP
  2. ryan_uk

    ryan_uk Illustrious Member

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    #2
    You would need to contact the patent holder about costs, however (if it was me) I would be challenging the validity of the patent. (I assume it's a US patent, as the USPTO patents anything, really.) Is it the actual algorithm that is patented or the process? Both are questionable, but an algorithm is much more so. These days, it's very common for processes to be patented (swinging on a swing sideways has a patent). There has been success with algorithms, but it really depends on the end product, I believe. There's no real end product here (it's a conversion of numbers that does not result in tangible output).

    (BTW, IANAL, seek advice from someone who specialises in patent law.)
     
    ryan_uk, Jun 6, 2013 IP
    wisdomtool likes this.
  3. mr-cracker

    mr-cracker Active Member

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    #3
    To my understanding, the process is performed by FFmpeg which is licensed under LGPL. So I don't have a problem there. However, the process may use a patented algorithm.

    I was wondering, how can the patented algorithm owner know that I'm using his algorithm in the first place? I'm not planning to disclose any information about the core process. And i don't think reverse engineering will help to know the algorithm.

    did you ever had to buy or heard about the cost estimation. I don't want to contact the patent holder
     
    mr-cracker, Jun 6, 2013 IP
  4. ryan_uk

    ryan_uk Illustrious Member

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    #4
    If it was me, I wouldn't worry about it. I'm not a lawyer though, it's just the type of person I am. From what you mention, it sounds like it's just about algorithms, but maybe it's container format, too.

    I would read this and think about whether you are going to be using a standard that will actually relate to the patents you are worried about. If you are, use another standard. (As far as I am aware, FFMPEG has support for many standards including ones without patent problems.)

    Same answer about costs. If you are going to use a patent you think is covered by MPEG LA patent pool, search Google and you will probably find your answer as it's a common patent troll.
     
    ryan_uk, Jun 6, 2013 IP
  5. mr-cracker

    mr-cracker Active Member

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    #5
    I have spent the last few days reading legal articles. And I think I will just go for it. If my project grew big, and I started making good money then I will hire a lawyer to take care of the licensing

    thank you
     
    mr-cracker, Jun 6, 2013 IP
  6. mr-cracker

    mr-cracker Active Member

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    #6
    but seriously, some patents are really stupid
     
    mr-cracker, Jun 6, 2013 IP
  7. ryan_uk

    ryan_uk Illustrious Member

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    #7
    I agree with you, anything about an algorithm or a process is dumb as hell, but that's just the way it is. It might change soon, as Obama's administration has come up with some stuff it wants to do about patents.
     
    ryan_uk, Jun 6, 2013 IP