Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-08 Thread Håkon Wium Lie
Chris DiBona writes:

  this issue is actually not about submarined patents (more like
  aircraft carrier patents) or tricky corner cases for the lgpl., but
  that the internet users prefer more quality in their
  codecs/megabyte/second.

I'm not so sure. YouTube is very popular despite the fact that its
video clips resemble the transmission from the moon landing in 1969.

And JPEG2000 achieves better pictures/megabyte than JPEG, but internet
users are not calling for it.

Saving a megabyte here and there is less important than having a video
format that is free and open for all to use. Dailymotion.com has
understood this and their recent offerings using video and Ogg
Theora is laudable [1]. This was exactly what I've been hoping for,
and arguing for, since the video element was proposed [2][3].

[1] http://blog.dailymotion.com/2009/05/27/watch-videowithout-flash/
[2] http://people.opera.com/howcome/2007/video/
[3] http://video.google.com/videoplay?docid=5545573096553082541

At Google, you have a unique opportunity to be part of this. You have
the video clips, the disks, the processing power, and the talent to
launch a service that will firmly establish video and Ogg Theora as
the video solution for the web.

However, it seems that Google doesn't care much for having a free and
open video format. Most of the bits you put out on the web are in
patent-encumbered formats, and this doesn't seem to bother you.
Rather, you promote patent-encumbered formats in your new experimental
service [4].

[4] http://www.youtube.com/html5

The web is based on free and open formats. Google would not have
existed without the web. It will be a terrible tragedy if you tip the
scales in favor of patent-encumbered formats on the web. We expect
higher standards from you.

-hkon
  Håkon Wium Lie  CTO °þe®ª
howc...@opera.com  http://people.opera.com/howcome


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-08 Thread Křištof Želechovski
It is impractical to convert video that was already compressed.  My attempt
to convert QuickTime to Theora inflated the file from 10 MB to 50 MB; this
is unacceptable.  Moreover, unpleasant visual artifacts appeared.
I was told it must be like that; you can get satisfactory compression
results from raw video only.  I suspect Google cannot convert most of the
video it already serves even if they wanted to.
IMHO,
Chris



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-08 Thread Nils Dagsson Moskopp
Am Montag, den 08.06.2009, 12:47 +0200 schrieb Křištof Želechovski:
  I suspect Google cannot convert most of the
 video it already serves even if they wanted to.

I suspect Google, with its enourmous storage capacity, has the original
files of each and every video ever uploaded. But only Youtube engineers
can tell us that.

Cheers,
-- 
Nils Dagsson Moskopp
http://dieweltistgarnichtso.net



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-08 Thread Kristof Zelechovski
People are reluctant to learn new tools and new ways.  Most of the time it
is a sane protection from overwhelming abundance.  It is not limited to
programming languages, it can affect also video encoders.  It even affects
telephones (some people dislike telephones with keys).

Bjarne Stroustrup on this (quoting from memory):

I used to expect the programming languages of the future would be as easy to
use as a telephone.  Now I do not know how to use my telephone any more.

Moreover, I suppose every video encoder has parameters that you adjust to
get the best results, depending on the source video, so the problem is not
limited to choosing another encoder.

IMHO,

Chris



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-08 Thread Silvia Pfeiffer
On Mon, Jun 8, 2009 at 11:27 AM, Chris DiBonacdib...@gmail.com wrote:
 Thinking out loud: One thing that was mentioned in an earlier post:
 Vorbis. I am also of the mind that Vorbis is of higher quality/mb/sec
 and statically than is mp3. The only real problem is that people don't
 pirate with it, so the demand isn't there, but I think it is a
 superior codec. For video, I worry that for theora to become 'better'
 than h264, it will need to infringe on the same patents it is designed
 to avoid.

I think you  may be underestimating the potential that is still in
Theora. As Monty described in this May update
http://web.mit.edu/xiphmont/Public/theora/demo7.html, there are still
many improvements to be made on the encoder, but Thusnelda has already
improved heaps without using h264 techniques. I wouldn't give up on
Theora and quality video yet. In particular when most people will not
really notice the difference on a well encoded video using Theora in
comparison to H.264 - and I say that from anecdotal evidence rather
than actual research.

In fact, I disagree with the whole notion that the lack of uptake on
Theora is caused by its lesser quality. I think the real issue that a
user has with Theora is that it doesn't yet have the same kind of tool
support as other codecs, e.g. H.264. However, that was also true of
H.264 not a long time ago - increasing vendor support on h.264 made
all the difference. It would for Theora, too. So, vendor support - and
that includes browser vendors, but also video editors, transcoders,
hosting providers, video players etc - is the real issue.

Lack of vendor support in turn has nothing to do with the slightly
lesser quality of a codec. It's all about costs and returns: about
return on investment on past expenditure on other codecs, about new
cost on the codec (beyond the sheer implementation cost which should
be minimal with Theora), about perceived risk of expenditure on legals
around it (including patents), and about money the new codec support
could bring. A new codec doesn't bring the vendor new income unless it
promises something special to the user and thus creates a market need.
Only if the market is asking for it and the vendor will not be able to
sell his tools without supporting the codec will he be forced to
provide support. We are in a chicken-and-egg situation.

H.264 broke this chicken-and-egg situation by promising a amazing new
quality of picture, which was communicated through marketing and thus
created the market need. This obviously won't work on a codec that is
of equal or slightly lesser quality.

Being royalty-free, unencumbered, and easier to innovate around could
and should be the message for Theora. That married with it being
written into HTML5 as baseline codec would definitely break that
chicken-and-egg situation and create the market need that is required
for Theora to gain vendor support. Amazing demos of capabilities of
HTML5 video available in all browsers because they all support Theora
would blow users away and make them ask for Theora support.

I think we are starting to see this happening: the content published
at Archive.org, Wikipedia and Dailymotion in Theora will have impact,
the native support of Theora decoding in Firefox, Chrome, and possibly
Opera will have impact, and the DirectShow filters, QuickTime
components, encoding and decoding plugins, etc will have impact.

Whether it will be enough to get the all browser vendors on board and
therefore Theora written into the HTML5 spec as a baseline codec, I
don't know. I fear we are on the same path again that we were on with
image codecs and it will take a long time until the new, open and
unencumbered PNG (umm: theora) codec is accepted in all browsers.

I'm not even sure that writing it into the standard would make vendors
actually support it, for the reasons above. If everyone had only the
best interest of Web users on mind, it might happen, but that is now
how the world works. I can only hope that it won't take as long as PNG
took, which was introduced in 1996 and got browser support by all
mainstream browsers only in 1999, fully bug-free only in 2008.

Regards,
Silvia.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-08 Thread Silvia Pfeiffer
On Mon, Jun 8, 2009 at 9:55 PM, Silvia
Pfeiffersilviapfeiff...@gmail.com wrote:
 On Mon, Jun 8, 2009 at 11:27 AM, Chris DiBonacdib...@gmail.com wrote:
..

 I'm not even sure that writing it into the standard would make vendors
 actually support it, for the reasons above. If everyone had only the
 best interest of Web users on mind, it might happen, but that is now

s/now/not/

 how the world works. I can only hope that it won't take as long as PNG
 took, which was introduced in 1996 and got browser support by all
 mainstream browsers only in 1999, fully bug-free only in 2008.

Sorry for they typo,
Silvia.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Kristof Zelechovski
The VIDEO element will not be useless without a common decoder.  Its
usefulness depends on its content: it will be limited to user agents that
support at least one encoding offered by the author.  Even if a common
decoder is specified, many authors will not use it because they do not know
it, they do not have the tools, they are reluctant to learn or they consider
the proprietary solution better for production and valid for their target
audience.

IMHO,

Chris



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread David Gerard
2009/6/7 Daniel Berlin dan...@google.com:
 On Sat, Jun 6, 2009 at 7:52 PM, Håkon Wium Liehowc...@opera.com wrote:

 I do appreciate your willingness not discuss these matters, though.

 Thanks.
 As I said, it's clear we won't convince everyone,


I question the relevance to HTML5 of someone from a completely
proprietary software company closely questioning a direct competitor
on their conformance to the GPL.


- d.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread King InuYasha
On Sun, Jun 7, 2009 at 2:08 AM, David Gerard dger...@gmail.com wrote:

 2009/6/7 Daniel Berlin dan...@google.com:
  On Sat, Jun 6, 2009 at 7:52 PM, Håkon Wium Liehowc...@opera.com wrote:

  I do appreciate your willingness not discuss these matters, though.

  Thanks.
  As I said, it's clear we won't convince everyone,


 I question the relevance to HTML5 of someone from a completely
 proprietary software company closely questioning a direct competitor
 on their conformance to the GPL.


 - d.


Despite being proprietary, Opera Software ASA is the only one that produces
an engine that is totally standards compliant. Gecko and WebKit cannot say
the same thing, even though they are open source. Also, Opera has a much
higher turnaround for implementing new standards into Presto than either of
the two others.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread King InuYasha
On Sun, Jun 7, 2009 at 1:55 AM, Kristof Zelechovski
giecr...@stegny.2a.plwrote:

  The VIDEO element will not be useless without a common decoder.  Its
 usefulness depends on its content: it will be limited to user agents that
 support at least one encoding offered by the author.  Even if a common
 decoder is specified, many authors will not use it because they do not know
 it, they do not have the tools, they are reluctant to learn or they consider
 the proprietary solution better for production and valid for their target
 audience.

 IMHO,

 Chris


Ahh, but the thing is, there ARE tools to make Ogg videos. And more would
spring up if Theora was chosen as the common codec. Already quite a few
proprietary and open source multimedia manipulation programs support the Ogg
container and Ogg Vorbis codec out of the box. A good example being Nero
Burning ROM.

The thing is, the audience won't know the difference. To them, its just a
faster player playing videos without crashing their browser or causing it to
slow down at odd times. The content makers are not going to have a problem
making Theora videos. Besides, most content making software use either
DirectShow codecs or ffmpeg on Windows. On Mac, generally they use QuickTime
codecs. And on Linux, usually GStreamer or ffmpeg is used.

Since Theora/Vorbis codecs for all of those platforms are available,
existing software would be able to output Ogg videos.

And where the heck would reluctant to learn come from? This isn't a
programming language, it is a codec! All they have to do is change the
selection of codecs on the output of their video.

As for not knowing it, there is already some publicity on Ogg Theora
videos from the Mozilla team. And Dailymotion has converted a portion of
their library for the purpose of experimenting with it. Wikipedia/Wikimedia
uses it already. The Internet Archive also uses it. There is no doubt that
people already know it.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread David Gerard
2009/6/7 King InuYasha ngomp...@gmail.com:

 And where the heck would reluctant to learn come from? This isn't a
 programming language, it is a codec! All they have to do is change the
 selection of codecs on the output of their video.
 As for not knowing it, there is already some publicity on Ogg Theora
 videos from the Mozilla team. And Dailymotion has converted a portion of
 their library for the purpose of experimenting with it. Wikipedia/Wikimedia
 uses it already. The Internet Archive also uses it. There is no doubt that
 people already know it.


Wikimedia is blatantly encouraging the use of Firefogg:

http://firefogg.org/

It's an encoding extension for Firefox. Ideal for processing videos pre-upload.

(No, I don't know why Wikimedia doesn't have its own on-site
re-encoder for videos uploaded in encumbered formats. Presumably
considered to have some vague legal risk before the Supreme Court uses
in re Bilski to drive the software patents into the ocean, cross
fingers.)


- d.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread King InuYasha
On Sun, Jun 7, 2009 at 10:23 AM, David Gerard dger...@gmail.com wrote:

 2009/6/7 King InuYasha ngomp...@gmail.com:

  And where the heck would reluctant to learn come from? This isn't a
  programming language, it is a codec! All they have to do is change the
  selection of codecs on the output of their video.
  As for not knowing it, there is already some publicity on Ogg Theora
  videos from the Mozilla team. And Dailymotion has converted a portion of
  their library for the purpose of experimenting with it.
 Wikipedia/Wikimedia
  uses it already. The Internet Archive also uses it. There is no doubt
 that
  people already know it.


 Wikimedia is blatantly encouraging the use of Firefogg:

 http://firefogg.org/

 It's an encoding extension for Firefox. Ideal for processing videos
 pre-upload.

 (No, I don't know why Wikimedia doesn't have its own on-site
 re-encoder for videos uploaded in encumbered formats. Presumably
 considered to have some vague legal risk before the Supreme Court uses
 in re Bilski to drive the software patents into the ocean, cross
 fingers.)


 - d.


That is a very nice tool to promote. It makes it very easy to upload as Ogg
video. The only thing is that sites have to be modified to accept from
Firefogg. Nevertheless, it is a rather ingenious tool.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Miguel de Icaza

Hello,


I also understand that the LGPL doesn't explicitly require [anyone]
to pass along patent rights we may have obtained elsewhere. However,
it seems quite clear that the intention of #11 is to say that you
cannot redistribute the code unless you do exactly that.

What am I missing?


At this point, I am just as confused as Hakom.

I am curious if someone has contacted the FSF for the interpretation  
of the LGPL in this particular case.


It would make a lot of people's life easier if they could license  
patents from MPEG-LA and redistribute ffmpeg.


We are on a similar situation with Moonlight where we ended up  
distributing proprietary codecs for VC1 (also MPEG-LA licensed)  
instead of the open source ffmpeg.


Today our answer for those that want to use ffmpeg (and it is my  
personal choice as well, since I rather dogfood open source software)   
is to compile Moonlight from source code and use the ffmpeg code  
themselves instead of depending on proprietary codecs to be installed.


Miguel.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Daniel Berlin
You guys would probably be less confused if you actually stuck to the terms
of the license instead of trying to parse the examples :)
In any case, I doubt its worth asking the fsf, since at least in the US,
only the ffmpeg folks would have standing to enforce, so its their view that
really matters.
I'd be interested in knowing what the ffmpeg folks think (for example, if
they felt what we were doing was not right, I'm fairly positive we'd just
switch to differently licensed libraries).

On Jun 7, 2009 2:08 PM, Miguel de Icaza mig...@novell.com wrote:

Hello,

 I also understand that the LGPL doesn't explicitly require [anyone]  to
pass along patent righ...
At this point, I am just as confused as Hakom.

I am curious if someone has contacted the FSF for the interpretation of the
LGPL in this particular case.

It would make a lot of people's life easier if they could license patents
from MPEG-LA and redistribute ffmpeg.

We are on a similar situation with Moonlight where we ended up distributing
proprietary codecs for VC1 (also MPEG-LA licensed) instead of the open
source ffmpeg.

Today our answer for those that want to use ffmpeg (and it is my personal
choice as well, since I rather dogfood open source software)  is to compile
Moonlight from source code and use the ffmpeg code themselves instead of
depending on proprietary codecs to be installed.

Miguel.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Håkon Wium Lie
Also sprach Daniel Berlin:

  However, let me ask *you* a question.
  Why do you rely on the example instead of the actual clause from that
  part of the conditions?
  You realize the  example has roughly no legal effect, right? It does
  not add or modify the terms and conditions of the license.

I'm a spec guy, not a lawyer. When we write specs, we typically insert
specific examples that help clarify the more general conditions in the
text. Often, an example will describe a common scenario and state, in
simple terms, the outcome.

To me, it seems that the LGPL is written the same way. The first two
sentences of #11 are general conditions. The third sentence contains a
specific example to help clarify what the more general conditions say. 

Current specs typically state that the examples are non-normative,
while the general statements are normative. I do not know if the same
rules apply to legal licenses -- LGPL itself doesn't say.

As to your question: I'm not really relying on anything. I've merely
said that I don't understand your interpretation of #11.

  You guys would probably be less confused if you actually stuck to the terms
  of the license instead of trying to parse the examples :)

The example in #11 seems fairly clear. Do you see any
incompatibilities between the example text and the general clauses?

Cheers,

-hkon
  Håkon Wium Lie  CTO °þe®ª
howc...@opera.com  http://people.opera.com/howcome


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Robert Sayre
On Sat, Jun 6, 2009 at 9:18 PM, Chris DiBonacdib...@gmail.com wrote:
 At this point I feel like we're giving open source advice to teams
 outside of Google, which is beyond our mission. We're comfortable with
 our compliance mission and feel it is accurate and correct. Other
 companies and people need to make their own decisions about
 compliance.

There may be a real legal problem here, but I don't think it matters
much. An LGPL loophole via naming in licenses--whatever. I'm sure
there are resources available to license or rewrite whatever you need
if that falls through.

The incredibly sucky outcome is that Chrome ships patent-encumbered
open web features, just like Apple. That is reprehensible.

-- 

Robert Sayre

I would have written a shorter letter, but I did not have the time.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Chris DiBona
 The incredibly sucky outcome is that Chrome ships patent-encumbered
 open web features, just like Apple. That is reprehensible.

Reprehensible? Mozilla (and all the rest) supports those same open
web features through its plugin architecture. Why don't you make a
stand and shut down compatibility with plugins from flash, quicktime
and others? How long would Firefox last in the market if it were
incompatible with those? Honestly.

Chris


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Nils Dagsson Moskopp
Am Montag, den 08.06.2009, 09:24 +0900 schrieb Chris DiBona:
  The incredibly sucky outcome is that Chrome ships patent-encumbered
  open web features, just like Apple. That is reprehensible.
 
 Reprehensible? Mozilla (and all the rest) supports those same open
 web features through its plugin architecture. Why don't you make a
 stand and shut down compatibility with plugins from flash, quicktime
 and others? How long would Firefox last in the market if it were
 incompatible with those? Honestly.

Please, stay calm. Flash is also evil[tm] (read: detrimental to
accessibility and compatibility) too and I think you know that.

Also, the status quo (various proprietary plugins) says nothing about
how something should be (accessible, interoperable standards); this is
called the is-ought-problem, please read up on it.

Cheers,
-- 
Nils Dagsson Moskopp
http://dieweltistgarnichtso.net



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Miguel de Icaza

Hello Dan,
In any case, I doubt its worth asking the fsf, since at least in the  
US, only the ffmpeg folks would have standing to enforce, so its  
their view that really matters.


The FSF might be able to provide some guidance on the intentions of  
the license as this seems to be the bit that is confusing.   Is the  
example provided in the debated question part of the license or  
not;But most importantly which one of the two interpretations is  
the valid one.If your interpretation is correct, this opens a lot  
of doors not only for Chromium but for plenty of other software (both  
using ffmpeg and not using ffmpeg).
I'd be interested in knowing what the ffmpeg folks think (for  
example, if they felt what we were doing was not right, I'm fairly  
positive we'd just switch to differently licensed libraries).



Right, if this is a problem, the fix is straight forward.

We went with a separate (and proprietary) implementation of the codecs  
for Moonlight because we understood the license differently.


Miguel.



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Chris DiBona
I'm perfectly calm, what people need to realize is that this issue is
actually not about submarined patents (more like aircraft carrier
patents) or tricky corner cases for the lgpl., but that the internet
users prefer more quality in their codecs/megabyte/second. So long as
this is true this issue will not be resolvable cleanly and the kind of
puritism that Robert mentioned is achievable only upon expiration of
said patents or dramatic quality improvements of the free codecs.

You can claim Humians as much as you like, the rest of us are trying
to ship software here.

Chris

On Mon, Jun 8, 2009 at 9:29 AM, Nils Dagsson
Moskoppnils-dagsson-mosk...@dieweltistgarnichtso.net wrote:
 Am Montag, den 08.06.2009, 09:24 +0900 schrieb Chris DiBona:
  The incredibly sucky outcome is that Chrome ships patent-encumbered
  open web features, just like Apple. That is reprehensible.

 Reprehensible? Mozilla (and all the rest) supports those same open
 web features through its plugin architecture. Why don't you make a
 stand and shut down compatibility with plugins from flash, quicktime
 and others? How long would Firefox last in the market if it were
 incompatible with those? Honestly.

 Please, stay calm. Flash is also evil[tm] (read: detrimental to
 accessibility and compatibility) too and I think you know that.

 Also, the status quo (various proprietary plugins) says nothing about
 how something should be (accessible, interoperable standards); this is
 called the is-ought-problem, please read up on it.

 Cheers,
 --
 Nils Dagsson Moskopp
 http://dieweltistgarnichtso.net





-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Robert O'Callahan
On Mon, Jun 8, 2009 at 12:24 PM, Chris DiBona cdib...@gmail.com wrote:

 Reprehensible? Mozilla (and all the rest) supports those same open
 web features through its plugin architecture.


People don't usually think of Flash as part of the open Web (except for
certain Adobe evangelists).

Why don't you make a
 stand and shut down compatibility with plugins from flash, quicktime
 and others? How long would Firefox last in the market if it were
 incompatible with those? Honestly.


Even if supporting plugins was against our principles, which I'm not
convinced of, it's currently impossible to drop support for them and remain
relevant, so we'd have to compromise, but that wouldn't make plugins
right.

If patent-encumbered codecs delivered via video become essential for Web
browsing then we'll have to make some compromises, but that wouldn't change
their reprehensibility.

Rob
-- 
He was pierced for our transgressions, he was crushed for our iniquities;
the punishment that brought us peace was upon him, and by his wounds we are
healed. We all, like sheep, have gone astray, each of us has turned to his
own way; and the LORD has laid on him the iniquity of us all. [Isaiah
53:5-6]


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Nils Dagsson Moskopp
Am Montag, den 08.06.2009, 09:42 +0900 schrieb Chris DiBona:
 I'm perfectly calm, what people need to realize is that this issue is
 actually not about submarined patents (more like aircraft carrier
 patents) or tricky corner cases for the lgpl.,

That sounds too qood to be true — so can we throw that argument out then
and ask Nokia and Apple why they won't pull a Google and just implement
both h264 and Theora natively ?

 but that the internet
 users prefer more quality in their codecs/megabyte/second. So long as
 this is true this issue will not be resolvable cleanly and the kind of
 puritism that Robert mentioned is achievable only upon expiration of
 said patents or dramatic quality improvements of the free codecs.

Well, Vorbis seems to be performing better than MPEG Layer 3
bitrate-wise, but wasn't really a killer. So I don't really buy that
argument. Same about FLAC vs. WAV.

 You can claim Humians as much as you like, the rest of us are trying
 to ship software here.

I was just tryin' to keep the discussion fair. Rhetoric tricks are
something for politicians, not suitable for an engineering discussions I
believe we are having here.


Cheers,
-- 
Nils Dagsson Moskopp
http://dieweltistgarnichtso.net



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Robert O'Callahan
On Mon, Jun 8, 2009 at 12:42 PM, Chris DiBona cdib...@gmail.com wrote:

 I'm perfectly calm, what people need to realize is that this issue is
 actually not about submarined patents (more like aircraft carrier
 patents) or tricky corner cases for the lgpl., but that the internet
 users prefer more quality in their codecs/megabyte/second. So long as
 this is true this issue will not be resolvable cleanly and the kind of
 puritism that Robert mentioned is achievable only upon expiration of
 said patents or dramatic quality improvements of the free codecs.

 You can claim Humians as much as you like, the rest of us are trying
 to ship software here.


Historically a lot of the Web standards community, even many people at large
for-profit companies, have felt it very important that Web standards be
usable royalty-free. There were big battles when that situation was
threatened in the past. I personally care about it just as much as shipping
software. In that context, helping make H.264 an essential part of the
open Web is reprehensible.

If your only goal is to ship software with the best bitrate/quality
tradeoff, OK, but you can't complain when you get flak.

Rob
-- 
He was pierced for our transgressions, he was crushed for our iniquities;
the punishment that brought us peace was upon him, and by his wounds we are
healed. We all, like sheep, have gone astray, each of us has turned to his
own way; and the LORD has laid on him the iniquity of us all. [Isaiah
53:5-6]


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Chris DiBona
I'm okay with Flak, and I really do believe in shipping
free/unemcumbered software (see our lgpl discussion earlier). That
said, I dislike when I'm accused of being reprehensible by another
browser vendor. It seems unfairly nasty to me.

Thinking out loud: One thing that was mentioned in an earlier post:
Vorbis. I am also of the mind that Vorbis is of higher quality/mb/sec
and statically than is mp3. The only real problem is that people don't
pirate with it, so the demand isn't there, but I think it is a
superior codec. For video, I worry that for theora to become 'better'
than h264, it will need to infringe on the same patents it is designed
to avoid.

That said, I feel like I've been threadjacking this list for too long
now, and for that I apologize, it seems like we're gong down a codec
rathole that may or may not have any relevance for the spec in the
end.

Chris

On Mon, Jun 8, 2009 at 10:10 AM, Robert O'Callahanrob...@ocallahan.org wrote:
 On Mon, Jun 8, 2009 at 12:42 PM, Chris DiBona cdib...@gmail.com wrote:

 I'm perfectly calm, what people need to realize is that this issue is
 actually not about submarined patents (more like aircraft carrier
 patents) or tricky corner cases for the lgpl., but that the internet
 users prefer more quality in their codecs/megabyte/second. So long as
 this is true this issue will not be resolvable cleanly and the kind of
 puritism that Robert mentioned is achievable only upon expiration of
 said patents or dramatic quality improvements of the free codecs.

 You can claim Humians as much as you like, the rest of us are trying
 to ship software here.


 Historically a lot of the Web standards community, even many people at large
 for-profit companies, have felt it very important that Web standards be
 usable royalty-free. There were big battles when that situation was
 threatened in the past. I personally care about it just as much as shipping
 software. In that context, helping make H.264 an essential part of the
 open Web is reprehensible.

 If your only goal is to ship software with the best bitrate/quality
 tradeoff, OK, but you can't complain when you get flak.

 Rob
 --
 He was pierced for our transgressions, he was crushed for our iniquities;
 the punishment that brought us peace was upon him, and by his wounds we are
 healed. We all, like sheep, have gone astray, each of us has turned to his
 own way; and the LORD has laid on him the iniquity of us all. [Isaiah
 53:5-6]




-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Robert Sayre
On Sun, Jun 7, 2009 at 9:27 PM, Chris DiBonacdib...@gmail.com wrote:
 I'm okay with Flak, and I really do believe in shipping
 free/unemcumbered software (see our lgpl discussion earlier). That
 said, I dislike when I'm accused of being reprehensible by another
 browser vendor.

This line of argument is incorrect in a couple of ways. Firstly, it is
an ad hominem argument, stating that my employer makes my statement
somehow unacceptable. Secondly, I didn't say anything about /you/. I
wrote about the practice of shipping encumbered software and calling
it open.

 It seems unfairly nasty to me.

What is unfair or nasty about it?


 That said, I feel like I've been threadjacking this list for too long
 now, and for that I apologize, it seems like we're gong down a codec
 rathole that may or may not have any relevance for the spec in the
 end.

Actually, the spec used to mention Ogg specifically.

-- 

Robert Sayre

I would have written a shorter letter, but I did not have the time.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Peter Kasting
On Sun, Jun 7, 2009 at 6:41 PM, Robert Sayre say...@gmail.com wrote:

 I
 wrote about the practice of shipping encumbered software and calling
 it open.


Where is the language where Google is calling H.264 open?

The closest I know of is Google Chrome is made possible by the Chromium
open source project and other open source software (from Tools-About
Google Chrome), which links to a page containing links to the FFMPEG
homepage and license.  I don't see that as saying what it sounds like you
claim something somewhere is saying?

In the end I personally view hostility towards patent-encumbered video
formats the same way I view hostility toward non-GPL free software
licenses: a stance I understand, but not one I agree with.  More importantly
for this thread in particular, I'm not sure what the purpose of stating that
opposition here is.  I thought the purpose of this thread was to resolve
questions people had about the use of FFMPEG vis-a-vis its license.  This is
probably going to be an ineffective forum if your hope is to dissuade Google
from shipping H.264 support.

PK


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Peter Kasting
On Sun, Jun 7, 2009 at 7:43 PM, Gregory Maxwell gmaxw...@gmail.com wrote:

 I don't think the particular parallel you've drawn there is the appropriate
 one.


And I think you failed to answer the line in my email that asked what the
point of this tangent is.

PK


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-07 Thread Gregory Maxwell
On Sun, Jun 7, 2009 at 10:45 PM, Peter Kasting pkast...@google.com wrote:
 On Sun, Jun 7, 2009 at 7:43 PM, Gregory Maxwell gmaxw...@gmail.com wrote:

 I don't think the particular parallel you've drawn there is the
 appropriate one.

 And I think you failed to answer the line in my email that asked what the
 point of this tangent is.
 PK

I split the thread specifically because I agreed with your position
that the encumbered codec angst was unrelated the LGPLv2 licensing
concerns.  I apologize for not saying so directly.

Much of my email was presenting a position as to why the concerns
related to these formats keep arising within whatwg and why these
concerns have practical implications for the standard.

Frankly, the legality of Google's software while interest is almost
entirely off-topic, though of some interest to implementers. I felt
guilty for the two messages I posted on the subject a few days ago. As
switch in focus to the codec compatibility issues is a move back on
topic, although that horse is already well beaten at this point.

Cheers.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Håkon Wium Lie
Also sprach Daniel Berlin:

   For example, if a patent license would not permit royalty-free
   redistribution of the Library by all those who receive copies directly
   or indirectly through you, then the only way you could satisfy both it
   and this License would be to refrain entirely from distribution of the
   Library.

  Note that the actual *clause* (not the example) in question says
  If you cannot distribute so as to satisfy simultaneously your
  obligations under this License and any other pertinent obligations,
  then as a consequence you may not distribute the Library at all. 
  It then gives the patent example as an example of when you could not
  fulfill your obligations under the license.  The restrictive license
  in the example falls afoul of this condition (part of #10): You may
  not impose any further restrictions on the recipients' exercise of the
  rights granted herein.  Nothing in any licenses we have with other
  parties imposes any *further restrictions* on the recipients who get
  ffmpeg from us.  You get *exactly* the same set of rights and
  obligations we got from ffmpeg.
  As such, we can simultaneously satisfy our obligations under this
  license (which again does not require us to pass along patent rights
  we may have obtained elsewhere, it only requires we grant you the
  rights you find in terms 0-16 and place no further restrictions on
  you) and any patent licenses we may have, and do not run afoul of this
  clause.

I get parsing errors in my brain when reading this. While I understand
that you do not impose any new restrictions (as per #10), I still
don't understand how you can claim that #11 (the first two quotes
above) has no relevance in your case. To me, it seems that the example
in #11 (the first quote) matches this case exactly -- assuming that
Google has a patent license that does not permit royalty-free
redistribution.

I also understand that the LGPL doesn't explicitly require [anyone]
to pass along patent rights we may have obtained elsewhere. However,
it seems quite clear that the intention of #11 is to say that you
cannot redistribute the code unless you do exactly that.

What am I missing?

-hkon
  Håkon Wium Lie  CTO °þe®ª
howc...@opera.com  http://people.opera.com/howcome


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Daniel Berlin
On Sat, Jun 6, 2009 at 4:35 PM, Håkon Wium Liehowc...@opera.com wrote:
 Also sprach Daniel Berlin:

    For example, if a patent license would not permit royalty-free
    redistribution of the Library by all those who receive copies directly
    or indirectly through you, then the only way you could satisfy both it
    and this License would be to refrain entirely from distribution of the
    Library.

   Note that the actual *clause* (not the example) in question says
   If you cannot distribute so as to satisfy simultaneously your
   obligations under this License and any other pertinent obligations,
   then as a consequence you may not distribute the Library at all. 
   It then gives the patent example as an example of when you could not
   fulfill your obligations under the license.  The restrictive license
   in the example falls afoul of this condition (part of #10): You may
   not impose any further restrictions on the recipients' exercise of the
   rights granted herein.  Nothing in any licenses we have with other
   parties imposes any *further restrictions* on the recipients who get
   ffmpeg from us.  You get *exactly* the same set of rights and
   obligations we got from ffmpeg.
   As such, we can simultaneously satisfy our obligations under this
   license (which again does not require us to pass along patent rights
   we may have obtained elsewhere, it only requires we grant you the
   rights you find in terms 0-16 and place no further restrictions on
   you) and any patent licenses we may have, and do not run afoul of this
   clause.

 I get parsing errors in my brain when reading this. While I understand
 that you do not impose any new restrictions (as per #10), I still
 don't understand how you can claim that #11 (the first two quotes
 above) has no relevance in your case. To me, it seems that the example
 in #11 (the first quote) matches this case exactly -- assuming that
 Google has a patent license that does not permit royalty-free
 redistribution.
As i've said in other messages, this example doesn't match this case
at all, since the patent license was not given to us by the same
people who gave us the library, *and* our patent license doesn't even
say anything about the library used to do encoding/decoding. I.E. Our
patent license has 0 to say about our distribution of ffmpeg, only
something to say about our distribution of Chrome, which is only
covered by section 6 of the LGPL 2.1 (which allows distribution under
whatever terms we choose so long as we meet certain requirements,
which we do).

 I also understand that the LGPL doesn't explicitly require [anyone]
 to pass along patent rights we may have obtained elsewhere. However,
 it seems quite clear that the intention of #11 is to say that you
 cannot redistribute the code unless you do exactly that.
 What am I missing?

That our patent license does not restrict/grant/say anything about
ffmpeg, only Google Chrome, and Google Chrome itself doesn't fall
under the LGPL 2.1 except through section 6.

--Dan


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread King InuYasha
On Sat, Jun 6, 2009 at 3:47 PM, Daniel Berlin dan...@google.com wrote:

 On Sat, Jun 6, 2009 at 4:35 PM, Håkon Wium Liehowc...@opera.com wrote:
  Also sprach Daniel Berlin:
 
 For example, if a patent license would not permit royalty-free
 redistribution of the Library by all those who receive copies
 directly
 or indirectly through you, then the only way you could satisfy
 both it
 and this License would be to refrain entirely from distribution of
 the
 Library.
 
Note that the actual *clause* (not the example) in question says
If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations,
then as a consequence you may not distribute the Library at all. 
It then gives the patent example as an example of when you could not
fulfill your obligations under the license.  The restrictive license
in the example falls afoul of this condition (part of #10): You may
not impose any further restrictions on the recipients' exercise of the
rights granted herein.  Nothing in any licenses we have with other
parties imposes any *further restrictions* on the recipients who get
ffmpeg from us.  You get *exactly* the same set of rights and
obligations we got from ffmpeg.
As such, we can simultaneously satisfy our obligations under this
license (which again does not require us to pass along patent rights
we may have obtained elsewhere, it only requires we grant you the
rights you find in terms 0-16 and place no further restrictions on
you) and any patent licenses we may have, and do not run afoul of this
clause.
 
  I get parsing errors in my brain when reading this. While I understand
  that you do not impose any new restrictions (as per #10), I still
  don't understand how you can claim that #11 (the first two quotes
  above) has no relevance in your case. To me, it seems that the example
  in #11 (the first quote) matches this case exactly -- assuming that
  Google has a patent license that does not permit royalty-free
  redistribution.
 As i've said in other messages, this example doesn't match this case
 at all, since the patent license was not given to us by the same
 people who gave us the library, *and* our patent license doesn't even
 say anything about the library used to do encoding/decoding. I.E. Our
 patent license has 0 to say about our distribution of ffmpeg, only
 something to say about our distribution of Chrome, which is only
 covered by section 6 of the LGPL 2.1 (which allows distribution under
 whatever terms we choose so long as we meet certain requirements,
 which we do).

  I also understand that the LGPL doesn't explicitly require [anyone]
  to pass along patent rights we may have obtained elsewhere. However,
  it seems quite clear that the intention of #11 is to say that you
  cannot redistribute the code unless you do exactly that.
  What am I missing?
 
 That our patent license does not restrict/grant/say anything about
 ffmpeg, only Google Chrome, and Google Chrome itself doesn't fall
 under the LGPL 2.1 except through section 6.

 --Dan



So are you saying you DO have a patent license for ffmpeg and Chrome? Or
don't you?


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Daniel Berlin
On Sat, Jun 6, 2009 at 5:00 PM, King InuYashangomp...@gmail.com wrote:
 On Sat, Jun 6, 2009 at 3:47 PM, Daniel Berlin dan...@google.com wrote:

 On Sat, Jun 6, 2009 at 4:35 PM, Håkon Wium Liehowc...@opera.com wrote:
  Also sprach Daniel Berlin:
 
     For example, if a patent license would not permit royalty-free
     redistribution of the Library by all those who receive copies
  directly
     or indirectly through you, then the only way you could satisfy
  both it
     and this License would be to refrain entirely from distribution
  of the
     Library.
 
    Note that the actual *clause* (not the example) in question says
    If you cannot distribute so as to satisfy simultaneously your
    obligations under this License and any other pertinent obligations,
    then as a consequence you may not distribute the Library at all. 
    It then gives the patent example as an example of when you could not
    fulfill your obligations under the license.  The restrictive license
    in the example falls afoul of this condition (part of #10): You may
    not impose any further restrictions on the recipients' exercise of
  the
    rights granted herein.  Nothing in any licenses we have with other
    parties imposes any *further restrictions* on the recipients who get
    ffmpeg from us.  You get *exactly* the same set of rights and
    obligations we got from ffmpeg.
    As such, we can simultaneously satisfy our obligations under this
    license (which again does not require us to pass along patent rights
    we may have obtained elsewhere, it only requires we grant you the
    rights you find in terms 0-16 and place no further restrictions on
    you) and any patent licenses we may have, and do not run afoul of
  this
    clause.
 
  I get parsing errors in my brain when reading this. While I understand
  that you do not impose any new restrictions (as per #10), I still
  don't understand how you can claim that #11 (the first two quotes
  above) has no relevance in your case. To me, it seems that the example
  in #11 (the first quote) matches this case exactly -- assuming that
  Google has a patent license that does not permit royalty-free
  redistribution.
 As i've said in other messages, this example doesn't match this case
 at all, since the patent license was not given to us by the same
 people who gave us the library, *and* our patent license doesn't even
 say anything about the library used to do encoding/decoding. I.E. Our
 patent license has 0 to say about our distribution of ffmpeg, only
 something to say about our distribution of Chrome, which is only
 covered by section 6 of the LGPL 2.1 (which allows distribution under
 whatever terms we choose so long as we meet certain requirements,
 which we do).

  I also understand that the LGPL doesn't explicitly require [anyone]
  to pass along patent rights we may have obtained elsewhere. However,
  it seems quite clear that the intention of #11 is to say that you
  cannot redistribute the code unless you do exactly that.
  What am I missing?
 
 That our patent license does not restrict/grant/say anything about
 ffmpeg, only Google Chrome, and Google Chrome itself doesn't fall
 under the LGPL 2.1 except through section 6.

 --Dan


 So are you saying you DO have a patent license for ffmpeg and Chrome? Or
 don't you?
Why are you conflating both of them together?
Our patent license covers user use of Chrome so they can play H.264/AVC/etc.
It says nothing about ffmpeg.  Zilch. Zero.
If you were to replace ffmpeg in Chrome with another decoder, our
patent license should still cover your use (I would have to double
check this, but this is my recollection).

--Dan


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread King InuYasha
On Sat, Jun 6, 2009 at 4:20 PM, Daniel Berlin dan...@google.com wrote:

 On Sat, Jun 6, 2009 at 5:00 PM, King InuYashangomp...@gmail.com wrote:
  On Sat, Jun 6, 2009 at 3:47 PM, Daniel Berlin dan...@google.com wrote:
 
  On Sat, Jun 6, 2009 at 4:35 PM, Håkon Wium Liehowc...@opera.com
 wrote:
   Also sprach Daniel Berlin:
  
  For example, if a patent license would not permit royalty-free
  redistribution of the Library by all those who receive copies
   directly
  or indirectly through you, then the only way you could satisfy
   both it
  and this License would be to refrain entirely from distribution
   of the
  Library.
  
 Note that the actual *clause* (not the example) in question says
 If you cannot distribute so as to satisfy simultaneously your
 obligations under this License and any other pertinent obligations,
 then as a consequence you may not distribute the Library at all. 
 It then gives the patent example as an example of when you could
 not
 fulfill your obligations under the license.  The restrictive
 license
 in the example falls afoul of this condition (part of #10): You
 may
 not impose any further restrictions on the recipients' exercise of
   the
 rights granted herein.  Nothing in any licenses we have with other
 parties imposes any *further restrictions* on the recipients who
 get
 ffmpeg from us.  You get *exactly* the same set of rights and
 obligations we got from ffmpeg.
 As such, we can simultaneously satisfy our obligations under this
 license (which again does not require us to pass along patent
 rights
 we may have obtained elsewhere, it only requires we grant you the
 rights you find in terms 0-16 and place no further restrictions on
 you) and any patent licenses we may have, and do not run afoul of
   this
 clause.
  
   I get parsing errors in my brain when reading this. While I understand
   that you do not impose any new restrictions (as per #10), I still
   don't understand how you can claim that #11 (the first two quotes
   above) has no relevance in your case. To me, it seems that the example
   in #11 (the first quote) matches this case exactly -- assuming that
   Google has a patent license that does not permit royalty-free
   redistribution.
  As i've said in other messages, this example doesn't match this case
  at all, since the patent license was not given to us by the same
  people who gave us the library, *and* our patent license doesn't even
  say anything about the library used to do encoding/decoding. I.E. Our
  patent license has 0 to say about our distribution of ffmpeg, only
  something to say about our distribution of Chrome, which is only
  covered by section 6 of the LGPL 2.1 (which allows distribution under
  whatever terms we choose so long as we meet certain requirements,
  which we do).
 
   I also understand that the LGPL doesn't explicitly require [anyone]
   to pass along patent rights we may have obtained elsewhere. However,
   it seems quite clear that the intention of #11 is to say that you
   cannot redistribute the code unless you do exactly that.
   What am I missing?
  
  That our patent license does not restrict/grant/say anything about
  ffmpeg, only Google Chrome, and Google Chrome itself doesn't fall
  under the LGPL 2.1 except through section 6.
 
  --Dan
 
 
  So are you saying you DO have a patent license for ffmpeg and Chrome? Or
  don't you?
 Why are you conflating both of them together?
 Our patent license covers user use of Chrome so they can play
 H.264/AVC/etc.
 It says nothing about ffmpeg.  Zilch. Zero.
 If you were to replace ffmpeg in Chrome with another decoder, our
 patent license should still cover your use (I would have to double
 check this, but this is my recollection).

 --Dan


Mainly because ffmpeg has way more than H.264 and other MPEG4 profile
codecs. FFmpeg has a lot more than MPEG4 and MPEG2 and having licenses just
for those might not be enough. You would be better off integrating xvid and
x264 rather than ffmpeg. Of course, I am not a lawyer, so take my advice
with a grain of salt.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Håkon Wium Lie
Also sprach Daniel Berlin:

   I get parsing errors in my brain when reading this. While I understand
   that you do not impose any new restrictions (as per #10), I still
   don't understand how you can claim that #11 (the first two quotes
   above) has no relevance in your case. To me, it seems that the example
   in #11 (the first quote) matches this case exactly -- assuming that
   Google has a patent license that does not permit royalty-free
   redistribution.

  As i've said in other messages, this example doesn't match this case
  at all, since the patent license was not given to us by the same
  people who gave us the library

The example doesn't mention this as a requirement.

  *and* our patent license doesn't even
  say anything about the library used to do encoding/decoding.

The example doesn't mention this as a requirement, either. 

The example only has one if statement:

   For example, if a patent license would not permit royalty-free
   redistribution of the Library by all those who receive copies
   directly or indirectly through you, then the only way you could
   satisfy both it and this License would be to refrain entirely from
   distribution of the Library.

This if statement seems to be true, and I therefore still don't
understand your reasoning.

I do appreciate your willingness not discuss these matters, though.

Cheers,

-hkon
  Håkon Wium Lie  CTO °þe®ª
howc...@opera.com  http://people.opera.com/howcome


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Daniel Berlin
On Sat, Jun 6, 2009 at 7:52 PM, Håkon Wium Liehowc...@opera.com wrote:

 This if statement seems to be true, and I therefore still don't
 understand your reasoning.

I've explained my position and reasoning, and we are going to have to
agree to disagree, because it's clear neither of us are going to
accept the other's viewpoint.

My understanding of the example is consistent with the LGPL's goal
statement at the start: Therefore, we insist that any patent license
obtained for a version of the library must be consistent with the full
freedom of use specified in this license.
The goal statement, at least to me, makes clear the example is talking
about obtaining a patent license that covers the library directly, not
that covers something that uses the library.

However, let me ask *you* a question.
Why do you rely on the example instead of the actual clause from that
part of the conditions?
You realize the  example has roughly no legal effect, right? It does
not add or modify the terms and conditions of the license.
We can argue back and forth over what the example means all day, and
it makes no difference.

The clause being 11. If as a consequence of a court judgment or
allegation of patent infringement or for any other reason (not limited
to patent issues), conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict the conditions of this
License, they do not excuse you from the conditions of this License.
If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations,
then as a consequence you may not distribute the Library at all. 

Do you see any requirements in the actual legal clauses that you
believe we violate?

 I do appreciate your willingness not discuss these matters, though.
Thanks.
As I said, it's clear we won't convince everyone,

--Dan


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Daniel Berlin
On Sat, Jun 6, 2009 at 8:50 PM, Daniel Berlindan...@google.com wrote:
 On Sat, Jun 6, 2009 at 7:52 PM, Håkon Wium Liehowc...@opera.com wrote:

 This if statement seems to be true, and I therefore still don't
 understand your reasoning.

 I've explained my position and reasoning, and we are going to have to
 agree to disagree, because it's clear neither of us are going to
 accept the other's viewpoint.

 My understanding of the example is consistent with the LGPL's goal
 statement at the start: Therefore, we insist that any patent license
 obtained for a version of the library must be consistent with the full
 freedom of use specified in this license.
 The goal statement, at least to me, makes clear the example is talking
 about obtaining a patent license that covers the library directly, not
 that covers something that uses the library.

Missed a sentence somehow.

My understanding of the example is also consistent with the actual
legal clause in front of the example, and I use it to inform my
position on the example.  Taking a example from a paragraph out of the
surrounding context and trying to claim it stands alone seems a bit
strange to me, but i'm just a simple engilawyer.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Chris DiBona
At this point I feel like we're giving open source advice to teams
outside of Google, which is beyond our mission. We're comfortable with
our compliance mission and feel it is accurate and correct. Other
companies and people need to make their own decisions about
compliance.

Chris

On Sun, Jun 7, 2009 at 10:03 AM, Daniel Berlindan...@google.com wrote:
 On Sat, Jun 6, 2009 at 8:50 PM, Daniel Berlindan...@google.com wrote:
 On Sat, Jun 6, 2009 at 7:52 PM, Håkon Wium Liehowc...@opera.com wrote:

 This if statement seems to be true, and I therefore still don't
 understand your reasoning.

 I've explained my position and reasoning, and we are going to have to
 agree to disagree, because it's clear neither of us are going to
 accept the other's viewpoint.

 My understanding of the example is consistent with the LGPL's goal
 statement at the start: Therefore, we insist that any patent license
 obtained for a version of the library must be consistent with the full
 freedom of use specified in this license.
 The goal statement, at least to me, makes clear the example is talking
 about obtaining a patent license that covers the library directly, not
 that covers something that uses the library.

 Missed a sentence somehow.

 My understanding of the example is also consistent with the actual
 legal clause in front of the example, and I use it to inform my
 position on the example.  Taking a example from a paragraph out of the
 surrounding context and trying to claim it stands alone seems a bit
 strange to me, but i'm just a simple engilawyer.




-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread King InuYasha
On Sat, Jun 6, 2009 at 8:18 PM, Chris DiBona cdib...@gmail.com wrote:

 At this point I feel like we're giving open source advice to teams
 outside of Google, which is beyond our mission. We're comfortable with
 our compliance mission and feel it is accurate and correct. Other
 companies and people need to make their own decisions about
 compliance.

 Chris

 On Sun, Jun 7, 2009 at 10:03 AM, Daniel Berlindan...@google.com wrote:
  On Sat, Jun 6, 2009 at 8:50 PM, Daniel Berlindan...@google.com wrote:
  On Sat, Jun 6, 2009 at 7:52 PM, Håkon Wium Liehowc...@opera.com
 wrote:
 
  This if statement seems to be true, and I therefore still don't
  understand your reasoning.
 
  I've explained my position and reasoning, and we are going to have to
  agree to disagree, because it's clear neither of us are going to
  accept the other's viewpoint.
 
  My understanding of the example is consistent with the LGPL's goal
  statement at the start: Therefore, we insist that any patent license
  obtained for a version of the library must be consistent with the full
  freedom of use specified in this license.
  The goal statement, at least to me, makes clear the example is talking
  about obtaining a patent license that covers the library directly, not
  that covers something that uses the library.
 
  Missed a sentence somehow.
 
  My understanding of the example is also consistent with the actual
  legal clause in front of the example, and I use it to inform my
  position on the example.  Taking a example from a paragraph out of the
  surrounding context and trying to claim it stands alone seems a bit
  strange to me, but i'm just a simple engilawyer.
 



 --
 Open Source Programs Manager, Google Inc.
 Google's Open Source program can be found at http://code.google.com
 Personal Weblog: http://dibona.com


To me, it seems more like Google doesn't really want to take a position in
the matter regarding codecs and is taking the weird way out by using
ffmpeg. Given Google's dominance in search, which tends to bring people to
at least look at Google's products, anything Google does is examined with a
fine toothpick and commented about pretty much everywhere. So yes, anything
Google does will be taken as an example for others, regardless of the sane
way to do it. Even if Google's method is sane to them and not to others,
people will take it as otherwise.

That's fine if Google doesn't want to take a position, but this squabbling
does not help anything at all

And the video tag will be rendered useless if no default codec is
specified. Same for audio.

Whatever... People, Google's choice to use FFmpeg doesn't have anything to
do HTML 5 other than it shows Google's neutrality. If they take a position
later, they should show it in their browser too, but I have a feeling they
won't.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread Chris DiBona
 To me, it seems more like Google doesn't really want to take a position in
 the matter regarding codecs and is taking the weird way out by using
 ffmpeg. Given Google's dominance in search, which tends to bring people to
 at least look at Google's products, anything Google does is examined with a
 fine toothpick and commented about pretty much everywhere. So yes, anything
 Google does will be taken as an example for others, regardless of the sane
 way to do it. Even if Google's method is sane to them and not to others,
 people will take it as otherwise.
 That's fine if Google doesn't want to take a position, but this squabbling
 does not help anything at all

I think we've taken a very clear position on compliance but...

 And the video tag will be rendered useless if no default codec is
 specified. Same for audio.

This is really a matter for the spec to handle one way or another, not Google.

Chris


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-06 Thread King InuYasha
On Sat, Jun 6, 2009 at 9:16 PM, Chris DiBona cdib...@gmail.com wrote:


 [snip]

 I think we've taken a very clear position on compliance but...

 [snip]

 This is really a matter for the spec to handle one way or another, not
 Google.

 Chris


Compliance does not mean taking a position. It just means you follow the
spec as it is currently written. As it is currently written, the
default/recommended codec is not specified, so Google can do whatever.

The spec is currently not finalized, even though there have been few changes
the to video and audio parts of the HTML 5 recently. All people
participating in this mailing list are basically working to get that done.
Google, having a business primarily in the web, through search,
advertisements, etc. has a vested interest in HTML 5.

If most of the people interested in the video and audio parts of the
spec settle on Theora/Vorbis as the codec pair that must be provided in any
browser supporting those tags, then hopefully that part can be finished.

This includes Google, by proxy of you, Chris, since you're not really saying
that your posts do not reflect on Google, it could be assumed that. I gave
my opinion (
http://lists.whatwg.org/htdig.cgi/whatwg-whatwg.org/2009-June/020190.html )
supporting Theora and Vorbis as the opinion from the Enano CMS Project,
which I am affiliated with.

I suppose the same would be true for Håkon Wium Lie, since his posts don't
say that either. But he is the CTO of Opera, he can say whatever I guess...


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-03 Thread Silvia Pfeiffer
On Wed, Jun 3, 2009 at 3:28 PM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 11:51 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 10:18 PM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 9:50 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 9:29 PM, Daniel Berlin dan...@google.com wrote:
 [snip]
  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do
 For the avoidance of doubt,
 Are you stating that when an end user obtains Chrome from Google they
 do not receive any license to utilize the Google distributed FFMPEG
 code to practice the patented activities essential to H.264 and/or AAC
 decoding, which Google licenses for itself?

 I'm not saying that at all. I'm simply saying that any patent license
 we may have does [not] cause our distribution of ffmpeg to violate the terms
 of the LGPL 2.1

 I now understand that your statement was only that Google's
 distribution of FFMPEG is not in violation of the LGPL due to patent
 licenses. Thank you for clarifying what you have stated. I will ask no
 further questions on that point.


 But I do have one further question:

 Can you please tell me if, when I receive Chrome from you, I also
 receive the patent licensing sufficient to use the Chrome package to
 practice the patents listed in MPEG-LA's 'essential' patent list for
 the decoding of H.264?  I wouldn't want to break any laws.
 Yes, you do.

Ah, that's interesting.


 I believe I know the answer, based on your statement No more or less
 … than … ffmpeg as ffmpeg explicitly does not provide any patent
 licensing,
 :)
 Again, that was specifically about ffmpeg as a component of Google
 Chrome, not about Google Chrome as a whole.   Licensing of projects
 that use a lot of open source components with a lot of different
 licenses is a complicated matter, since each component can have a
 license that is separate than the license for the work as a whole.
 I'm trying to make sure I am being as explicit as I can about what
 each subject i am talking about is while still providing answers, so
 that the answers are the actual answer, but as you can imagine, it's
 tricky.  It can be hard to differentiate between the questions people
 want to know an answer that is more general than what they asked, and
 those where they want to know just about that specific thing.  When it
 comes to matters like these, it's usually best for me to just answer
 the question people actually asked explicitly, and let them ask
 followups, than it is to try to anticipate what they really wanted to
 know.  It can come off as dodging at times, but i'm doing the best i
 can ;)

Glad you did, since I think this discussion has clarified a lot of
things - at least for me. Thanks a lot!

Regards,
Silvia.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-03 Thread Chris DiBona
Yeah, this is really pretty difficult stuff. The lgpl is probably the
least understood and most complicated free software licenses.

Chris

On Wed, Jun 3, 2009 at 2:49 PM, Silvia Pfeiffer
silviapfeiff...@gmail.com wrote:
 On Wed, Jun 3, 2009 at 3:28 PM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 11:51 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 10:18 PM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 9:50 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 9:29 PM, Daniel Berlin dan...@google.com wrote:
 [snip]
  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do
 For the avoidance of doubt,
 Are you stating that when an end user obtains Chrome from Google they
 do not receive any license to utilize the Google distributed FFMPEG
 code to practice the patented activities essential to H.264 and/or AAC
 decoding, which Google licenses for itself?

 I'm not saying that at all. I'm simply saying that any patent license
 we may have does [not] cause our distribution of ffmpeg to violate the 
 terms
 of the LGPL 2.1

 I now understand that your statement was only that Google's
 distribution of FFMPEG is not in violation of the LGPL due to patent
 licenses. Thank you for clarifying what you have stated. I will ask no
 further questions on that point.


 But I do have one further question:

 Can you please tell me if, when I receive Chrome from you, I also
 receive the patent licensing sufficient to use the Chrome package to
 practice the patents listed in MPEG-LA's 'essential' patent list for
 the decoding of H.264?  I wouldn't want to break any laws.
 Yes, you do.

 Ah, that's interesting.


 I believe I know the answer, based on your statement No more or less
 … than … ffmpeg as ffmpeg explicitly does not provide any patent
 licensing,
 :)
 Again, that was specifically about ffmpeg as a component of Google
 Chrome, not about Google Chrome as a whole.   Licensing of projects
 that use a lot of open source components with a lot of different
 licenses is a complicated matter, since each component can have a
 license that is separate than the license for the work as a whole.
 I'm trying to make sure I am being as explicit as I can about what
 each subject i am talking about is while still providing answers, so
 that the answers are the actual answer, but as you can imagine, it's
 tricky.  It can be hard to differentiate between the questions people
 want to know an answer that is more general than what they asked, and
 those where they want to know just about that specific thing.  When it
 comes to matters like these, it's usually best for me to just answer
 the question people actually asked explicitly, and let them ask
 followups, than it is to try to anticipate what they really wanted to
 know.  It can come off as dodging at times, but i'm doing the best i
 can ;)

 Glad you did, since I think this discussion has clarified a lot of
 things - at least for me. Thanks a lot!

 Regards,
 Silvia.




-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-03 Thread Anne van Kesteren
On Wed, 03 Jun 2009 09:34:08 +0200, Chris DiBona cdib...@gmail.com wrote:
 Yeah, this is really pretty difficult stuff. The lgpl is probably the
 least understood and most complicated free software licenses.

Thanks for taking the time to explain it!


-- 
Anne van Kesteren
http://annevankesteren.nl/


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-03 Thread Chris DiBona
I mostly wanted to explain our position on the use of the library and
the LGPLs. Danny keeps it all straight for us.

Happy hacking, everyone!

Chris

On Wed, Jun 3, 2009 at 3:40 PM, Anne van Kesteren ann...@opera.com wrote:
 On Wed, 03 Jun 2009 09:34:08 +0200, Chris DiBona cdib...@gmail.com wrote:
 Yeah, this is really pretty difficult stuff. The lgpl is probably the
 least understood and most complicated free software licenses.

 Thanks for taking the time to explain it!


 --
 Anne van Kesteren
 http://annevankesteren.nl/




-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-02 Thread Chris DiBona
Looping in Dannyb (who may not be on the list, so if necessary, I'll
forward) as I'm in the midst of a conference and can't give this the
attention it deserves.

Chris

On Tue, Jun 2, 2009 at 1:19 PM, Håkon Wium Lie howc...@opera.com wrote:
 Also sprach Chris DiBona:

   To be clear, there are two situations here:
  
   Situation 1:
  
   (a) Party A gives Party B a library licensed under the LGPL 2.1 along
   with a patent license which says only Party B has the right to use it
   (b) Party B wants to distribute the library to others
  
   That's the situation the example in the LGPL 2.1 text is talking about
   and would likely be a violation.
  
   Situation 2:
  
   (a) Party A gives Party B a library licensed under the LGPL 2.1
   (b) Party B gets a patent license from Party C
   (c) Party B then distribute the library under the LGPL 2.1
  
   This situation is *not* prohibited by the LGPL 2.1 (see the LGPL 3.0
   for a license that does deal with this situation).  Under the LGPL
   2.1, the fact that Party B may have a patent license with an unrelated
   third-party is irrelevant as long as it doesn't prevent Party B from
   granting people the rights LGPL 2.1 requires they grant them (namely,
   only those rights it in fact received from Party A).

 Thanks for your willingness to discuss these matters.

 So, to be clear, you're saying that situation 2 applies in your case?

 -hkon
              Håkon Wium Lie                          CTO °þe®ª
 howc...@opera.com                  http://people.opera.com/howcome




-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Geoffrey Sneddon


On 2 Jun 2009, at 02:58, Chris DiBona wrote:


One participant quoted one of the examples from the LGPL 2.1, which
says For example, if a patent license would not permit royalty-free
redistribution of the Library by all those who receive copies directly
or indirectly through you, then the only way you could satisfy both it
and this License would be to refrain entirely from distribution of the
Library.


I'm still unclear as to how this does not apply to Chrome's case. If I  
get a copy of Chrome, you are bound (by the LGPL) to provide me with a  
copy of the source ffmpeg, and I must be able to redistribute that in  
either binary or source form. I would, however, get in trouble for not  
having paid patent fees for doing so. Hence, as that example  
concludes, you cannot distribute ffmpeg whatsoever.



--
Geoffrey Sneddon
http://gsnedders.com/



Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Chris DiBona
Looping in Danny (in transit)

On Wed, Jun 3, 2009 at 1:38 AM, Geoffrey Sneddon
foolist...@googlemail.com wrote:

 On 2 Jun 2009, at 02:58, Chris DiBona wrote:

 One participant quoted one of the examples from the LGPL 2.1, which
 says For example, if a patent license would not permit royalty-free
 redistribution of the Library by all those who receive copies directly
 or indirectly through you, then the only way you could satisfy both it
 and this License would be to refrain entirely from distribution of the
 Library.

 I'm still unclear as to how this does not apply to Chrome's case. If I get a
 copy of Chrome, you are bound (by the LGPL) to provide me with a copy of the
 source ffmpeg, and I must be able to redistribute that in either binary or
 source form. I would, however, get in trouble for not having paid patent
 fees for doing so. Hence, as that example concludes, you cannot distribute
 ffmpeg whatsoever.


 --
 Geoffrey Sneddon
 http://gsnedders.com/





-- 
Open Source Programs Manager, Google Inc.
Google's Open Source program can be found at http://code.google.com
Personal Weblog: http://dibona.com


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-02 Thread Daniel Berlin
On Tue, Jun 2, 2009 at 3:50 AM, Chris DiBona cdib...@gmail.com wrote:
 Looping in Dannyb (who may not be on the list, so if necessary, I'll
 forward) as I'm in the midst of a conference and can't give this the
 attention it deserves.

 Chris

 On Tue, Jun 2, 2009 at 1:19 PM, Håkon Wium Lie howc...@opera.com wrote:
 Also sprach Chris DiBona:

   To be clear, there are two situations here:
  
   Situation 1:
  
   (a) Party A gives Party B a library licensed under the LGPL 2.1 along
   with a patent license which says only Party B has the right to use it
   (b) Party B wants to distribute the library to others
  
   That's the situation the example in the LGPL 2.1 text is talking about
   and would likely be a violation.
  
   Situation 2:
  
   (a) Party A gives Party B a library licensed under the LGPL 2.1
   (b) Party B gets a patent license from Party C
   (c) Party B then distribute the library under the LGPL 2.1
  
   This situation is *not* prohibited by the LGPL 2.1 (see the LGPL 3.0
   for a license that does deal with this situation).  Under the LGPL
   2.1, the fact that Party B may have a patent license with an unrelated
   third-party is irrelevant as long as it doesn't prevent Party B from
   granting people the rights LGPL 2.1 requires they grant them (namely,
   only those rights it in fact received from Party A).

 Thanks for your willingness to discuss these matters.

 So, to be clear, you're saying that situation 2 applies in your case?


That would be correct :)


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Daniel Berlin
On Tue, Jun 2, 2009 at 8:20 PM, Chris DiBona cdib...@gmail.com wrote:
 Looping in Danny (in transit)

 On Wed, Jun 3, 2009 at 1:38 AM, Geoffrey Sneddon
 foolist...@googlemail.com wrote:

 On 2 Jun 2009, at 02:58, Chris DiBona wrote:

 One participant quoted one of the examples from the LGPL 2.1, which
 says For example, if a patent license would not permit royalty-free
 redistribution of the Library by all those who receive copies directly
 or indirectly through you, then the only way you could satisfy both it
 and this License would be to refrain entirely from distribution of the
 Library.

 I'm still unclear as to how this does not apply to Chrome's case. If I get a
 copy of Chrome, you are bound (by the LGPL) to provide me with a copy of the
 source ffmpeg, and I must be able to redistribute that in either binary or
 source form.
Which you can.

  I would, however, get in trouble for not having paid patent
 fees for doing so.
No more or less trouble than you would have gotten in had you gotten
it from ffmpeg instead of us, which combined with the fact that we do
not restrict any of your rights under the LGPL 2.1, is the important
part.

  Hence, as that example concludes, you cannot distribute
 ffmpeg whatsoever.

Not quite :)
Nowhere in the LGPL 2.1 are we required to grant you patent rights
that we may have.  We are only required to ensure any other licenses
we may have signed do not prevent us from distributing the library
under the terms of the LGPL 2.1, and that we place no further
restrictions on use/redistribution/etc of the Library than the terms
of the LGPL 2.1.

Note that the actual *clause* (not the example) in question says
If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations,
then as a consequence you may not distribute the Library at all. 
It then gives the patent example as an example of when you could not
fulfill your obligations under the license.  The restrictive license
in the example falls afoul of this condition (part of #10): You may
not impose any further restrictions on the recipients' exercise of the
rights granted herein.  Nothing in any licenses we have with other
parties imposes any *further restrictions* on the recipients who get
ffmpeg from us.  You get *exactly* the same set of rights and
obligations we got from ffmpeg.
As such, we can simultaneously satisfy our obligations under this
license (which again does not require us to pass along patent rights
we may have obtained elsewhere, it only requires we grant you the
rights you find in terms 0-16 and place no further restrictions on
you) and any patent licenses we may have, and do not run afoul of this
clause.

In short, the only thing this clause does is prevent you from getting
a license that restricts your ability to fulfill the obligations of
the other clauses of the LGPL, or would restrict the ability of those
downstream to fulfill their obligations.
No patent license we have does that.

--Dan


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Silvia Pfeiffer
On Wed, Jun 3, 2009 at 11:29 AM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 8:20 PM, Chris DiBona cdib...@gmail.com wrote:
 Looping in Danny (in transit)

 On Wed, Jun 3, 2009 at 1:38 AM, Geoffrey Sneddon
 foolist...@googlemail.com wrote:

 On 2 Jun 2009, at 02:58, Chris DiBona wrote:

 One participant quoted one of the examples from the LGPL 2.1, which
 says For example, if a patent license would not permit royalty-free
 redistribution of the Library by all those who receive copies directly
 or indirectly through you, then the only way you could satisfy both it
 and this License would be to refrain entirely from distribution of the
 Library.

 I'm still unclear as to how this does not apply to Chrome's case. If I get a
 copy of Chrome, you are bound (by the LGPL) to provide me with a copy of the
 source ffmpeg, and I must be able to redistribute that in either binary or
 source form.
 Which you can.

  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do
 not restrict any of your rights under the LGPL 2.1, is the important
 part.

Let me ask for more clarification here, since you seem to have a
really good understanding of the legal implications.

It seems to me that if I have decided for whatever reason (probably
because I did not want to use a library that is likely to infringe on
patents) that I did not want to have ffmpeg installed on my computer,
and I installed Chrome, that in this case I would get a library
installed on my computer without being aware of it. Or turned the
other way - if I knew that Chrome comes with ffmpeg and I really
didn't want ffmpeg installed on my computer, I could not use Chrome.
Is this correct?

I know full well that this is a theoretical example and that patent
holders don't normally go after end users for patent infringements.
However, I am asking for legal clarification and whether this has been
thought through.

Regards,
Silvia.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Gregory Maxwell
On Tue, Jun 2, 2009 at 9:29 PM, Daniel Berlin dan...@google.com wrote:
[snip]
  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do


For the avoidance of doubt,

Are you stating that when an end user obtains Chrome from Google they
do not receive any license to utilize the Google distributed FFMPEG
code to practice the patented activities essential to H.264 and/or AAC
decoding, which Google licenses for itself?


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Daniel Berlin
On Tue, Jun 2, 2009 at 9:38 PM, Silvia Pfeiffer
silviapfeiff...@gmail.com wrote:
 On Wed, Jun 3, 2009 at 11:29 AM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 8:20 PM, Chris DiBona cdib...@gmail.com wrote:
 Looping in Danny (in transit)

 On Wed, Jun 3, 2009 at 1:38 AM, Geoffrey Sneddon
 foolist...@googlemail.com wrote:

 On 2 Jun 2009, at 02:58, Chris DiBona wrote:

 One participant quoted one of the examples from the LGPL 2.1, which
 says For example, if a patent license would not permit royalty-free
 redistribution of the Library by all those who receive copies directly
 or indirectly through you, then the only way you could satisfy both it
 and this License would be to refrain entirely from distribution of the
 Library.

 I'm still unclear as to how this does not apply to Chrome's case. If I get 
 a
 copy of Chrome, you are bound (by the LGPL) to provide me with a copy of 
 the
 source ffmpeg, and I must be able to redistribute that in either binary or
 source form.
 Which you can.

  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do
 not restrict any of your rights under the LGPL 2.1, is the important
 part.

 Let me ask for more clarification here, since you seem to have a
 really good understanding of the legal implications.

 It seems to me that if I have decided for whatever reason (probably
 because I did not want to use a library that is likely to infringe on
 patents) that I did not want to have ffmpeg installed on my computer,
 and I installed Chrome, that in this case I would get a library
 installed on my computer without being aware of it. Or turned the
 other way - if I knew that Chrome comes with ffmpeg and I really
 didn't want ffmpeg installed on my computer, I could not use Chrome.
 Is this correct?
No, it isn't.
I'm told if you remove the ffmpeg dll, Chrome should still function
properly, it should just not recognize video as a valid tag.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Daniel Berlin
On Tue, Jun 2, 2009 at 9:50 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 9:29 PM, Daniel Berlin dan...@google.com wrote:
 [snip]
  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do


 For the avoidance of doubt,

 Are you stating that when an end user obtains Chrome from Google they
 do not receive any license to utilize the Google distributed FFMPEG
 code to practice the patented activities essential to H.264 and/or AAC
 decoding, which Google licenses for itself?

I'm not saying that at all. I'm simply saying that any patent license
we may have does cause our distribution of ffmpeg to violate the terms
of the LGPL 2.1  Chrome as a whole is a work that uses the library,
and as such is covered by the terms of section 6 of the LGPL 2.1. This
section provides you are allowed to distribute the work under whatever
terms you want as long as you perform one of a set of choices they
give (such as using the library as a replaceable shared lib) as well
as meet a few requirements in your distribution terms (which we do by
allowing those requirements to supersede the EULA by clause 1.2 in the
Chrome EULA)


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Daniel Berlin
On Tue, Jun 2, 2009 at 10:18 PM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 9:50 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 9:29 PM, Daniel Berlin dan...@google.com wrote:
 [snip]
  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do


 For the avoidance of doubt,

 Are you stating that when an end user obtains Chrome from Google they
 do not receive any license to utilize the Google distributed FFMPEG
 code to practice the patented activities essential to H.264 and/or AAC
 decoding, which Google licenses for itself?

 I'm not saying that at all. I'm simply saying that any patent license
 we may have does
  ^^ NOT
Sigh.


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Gregory Maxwell
On Tue, Jun 2, 2009 at 10:18 PM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 9:50 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 9:29 PM, Daniel Berlin dan...@google.com wrote:
 [snip]
  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do
 For the avoidance of doubt,
 Are you stating that when an end user obtains Chrome from Google they
 do not receive any license to utilize the Google distributed FFMPEG
 code to practice the patented activities essential to H.264 and/or AAC
 decoding, which Google licenses for itself?

 I'm not saying that at all. I'm simply saying that any patent license
 we may have does [not] cause our distribution of ffmpeg to violate the terms
 of the LGPL 2.1

I now understand that your statement was only that Google's
distribution of FFMPEG is not in violation of the LGPL due to patent
licenses. Thank you for clarifying what you have stated. I will ask no
further questions on that point.


But I do have one further question:

Can you please tell me if, when I receive Chrome from you, I also
receive the patent licensing sufficient to use the Chrome package to
practice the patents listed in MPEG-LA's 'essential' patent list for
the decoding of H.264?  I wouldn't want to break any laws.

I believe I know the answer, based on your statement No more or less
… than … ffmpeg as ffmpeg explicitly does not provide any patent
licensing, but it seems surprising so I am asking for clarification. A
simple yes or no will suffice.

Thank you!


Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-02 Thread Daniel Berlin
On Tue, Jun 2, 2009 at 11:51 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 10:18 PM, Daniel Berlin dan...@google.com wrote:
 On Tue, Jun 2, 2009 at 9:50 PM, Gregory Maxwell gmaxw...@gmail.com wrote:
 On Tue, Jun 2, 2009 at 9:29 PM, Daniel Berlin dan...@google.com wrote:
 [snip]
  I would, however, get in trouble for not having paid patent
 fees for doing so.
 No more or less trouble than you would have gotten in had you gotten
 it from ffmpeg instead of us, which combined with the fact that we do
 For the avoidance of doubt,
 Are you stating that when an end user obtains Chrome from Google they
 do not receive any license to utilize the Google distributed FFMPEG
 code to practice the patented activities essential to H.264 and/or AAC
 decoding, which Google licenses for itself?

 I'm not saying that at all. I'm simply saying that any patent license
 we may have does [not] cause our distribution of ffmpeg to violate the terms
 of the LGPL 2.1

 I now understand that your statement was only that Google's
 distribution of FFMPEG is not in violation of the LGPL due to patent
 licenses. Thank you for clarifying what you have stated. I will ask no
 further questions on that point.


 But I do have one further question:

 Can you please tell me if, when I receive Chrome from you, I also
 receive the patent licensing sufficient to use the Chrome package to
 practice the patents listed in MPEG-LA's 'essential' patent list for
 the decoding of H.264?  I wouldn't want to break any laws.
Yes, you do.


 I believe I know the answer, based on your statement No more or less
 … than … ffmpeg as ffmpeg explicitly does not provide any patent
 licensing,
:)
Again, that was specifically about ffmpeg as a component of Google
Chrome, not about Google Chrome as a whole.   Licensing of projects
that use a lot of open source components with a lot of different
licenses is a complicated matter, since each component can have a
license that is separate than the license for the work as a whole.
I'm trying to make sure I am being as explicit as I can about what
each subject i am talking about is while still providing answers, so
that the answers are the actual answer, but as you can imagine, it's
tricky.  It can be hard to differentiate between the questions people
want to know an answer that is more general than what they asked, and
those where they want to know just about that specific thing.  When it
comes to matters like these, it's usually best for me to just answer
the question people actually asked explicitly, and let them ask
followups, than it is to try to anticipate what they really wanted to
know.  It can come off as dodging at times, but i'm doing the best i
can ;)

--Dan


[whatwg] Google's use of FFmpeg in Chromium and Chrome Was: Re: MPEG-1 subset proposal for HTML5 video codec

2009-06-01 Thread Chris DiBona
I'd like to address some questions that have been raised about the use
of FFmpeg in Chromium and Chrome as well as H.264 decoding in Chrome
(Google's distribution of Chromium). The use of FFmpeg in Chromium and
Chrome is fully compliant with the obligations of the associated
licenses. It feels a little thread/list jacking to do this, but I
don't like letting these kinds of questions stand, so...

1. FFmpeg and potential patent license issues

FFmpeg is licensed under the LGPL 2.1 (there are some components that
are licensed under the GPL but those are not relevant here, as
explained below).  The LGPL 2.1 states: If you cannot distribute so
as to satisfy simultaneously your obligations under this License and
any other pertinent obligations, then as a consequence you may not
distribute the Library at all.

The LGPL 2.1 only requires that a party distributing LGPL code give
other people the same rights to that code that they themselves
received under the license.  The Chromium project happily does exactly
this.  Google takes the FFmpeg libraries under the LGPL 2.1, with no
attached patent license.  Subsequently, Google makes the FFmpeg
libraries available as part of Chromium under the LGPL 2.1, with no
patent license attached.

One participant quoted one of the examples from the LGPL 2.1, which
says For example, if a patent license would not permit royalty-free
redistribution of the Library by all those who receive copies directly
or indirectly through you, then the only way you could satisfy both it
and this License would be to refrain entirely from distribution of the
Library.

To be clear, there are two situations here:

Situation 1:

(a) Party A gives Party B a library licensed under the LGPL 2.1 along
with a patent license which says only Party B has the right to use it
(b) Party B wants to distribute the library to others

That's the situation the example in the LGPL 2.1 text is talking about
and would likely be a violation.

Situation 2:

(a) Party A gives Party B a library licensed under the LGPL 2.1
(b) Party B gets a patent license from Party C
(c) Party B then distribute the library under the LGPL 2.1

This situation is *not* prohibited by the LGPL 2.1 (see the LGPL 3.0
for a license that does deal with this situation).  Under the LGPL
2.1, the fact that Party B may have a patent license with an unrelated
third-party is irrelevant as long as it doesn't prevent Party B from
granting people the rights LGPL 2.1 requires they grant them (namely,
only those rights it in fact received from Party A).

2. Location of FFmpeg source code

The source code for FFmpeg is easily locatable in the same place as
the rest of the Chromium source:

http://src.chromium.org/viewvc/chrome/trunk/deps/third_party/ffmpeg/

3. GPL licensed code in FFmpeg

FFmpeg can be configured to use GPL licensed code, but it is not
configured that way in Chromium.  We use the set of configuration
flags that only enables the LGPL 2.1 code.

The list of configuration flags used is listed in the README file in
the source directory:

http://src.chromium.org/viewvc/chrome/trunk/deps/third_party/ffmpeg/README.chromium?revision=16648view=markup

We take our obligations under all open source licenses very seriously,
and work hard to ensure we are in compliance with these licenses

Chris DiBona

On Mon, Jun 1, 2009 at 11:21 AM,  jjcogliati-wha...@yahoo.com wrote:

 Thank you for a very informative reply.  Inline comments follow.

 --- On Sun, 5/31/09, Gregory Maxwell gmaxw...@gmail.com wrote:

 From: Gregory Maxwell gmaxw...@gmail.com
 Subject: Re: [whatwg] MPEG-1 subset proposal for HTML5 video codec
 To: whatwg@lists.whatwg.org
 Date: Sunday, May 31, 2009, 2:17 PM
 2009/5/31  jjcogliati-whatwg
 at yahoo.com:
  Since the near complete MPEG-1 committee draft was
 publicly available in December 1991,
 [snip]

 You keep repeating this particular piece of misinformation,
 so I'm
 worried that people are going to take your word for it and
 get into
 trouble.

 What you are claiming with respect to the inventors
 disclosure and
 patent duration is correct for patents filed and granted
 today but it
 not true for patents from the mid-1990s.

 Prior to mid-1995 was possible to use application
 extensions to defer
 the grant date of a patent indefinitely.  You could
 begin an
 application in 1988, publicly expose your invention in
 1991, all the
 while filing extensions only to have the patent granted in
 1995.

 I am somewhat surprised that you are unaware of this
 issue,
 considering that you mentioned it specifically by name
 (submarine
 patent).

 Yes, I agree and I was not making this clear in my reply posts.  The first 
 email I sent I did detail this.

 I'm more familiar with the area of audio coding than video,
 so I don't
 have a ready list of patents that read on mpeg1 video.
 However, There
 are mid-90s patents which read on both layer-2 (e.g.
 5,214,678) and
 layer-3 audio which followed the 'submarine patent' style
 of prolonged
 

Re: [whatwg] Google's use of FFmpeg in Chromium and Chrome

2009-06-01 Thread Håkon Wium Lie
Also sprach Chris DiBona:

  To be clear, there are two situations here:
  
  Situation 1:
  
  (a) Party A gives Party B a library licensed under the LGPL 2.1 along
  with a patent license which says only Party B has the right to use it
  (b) Party B wants to distribute the library to others
  
  That's the situation the example in the LGPL 2.1 text is talking about
  and would likely be a violation.
  
  Situation 2:
  
  (a) Party A gives Party B a library licensed under the LGPL 2.1
  (b) Party B gets a patent license from Party C
  (c) Party B then distribute the library under the LGPL 2.1
  
  This situation is *not* prohibited by the LGPL 2.1 (see the LGPL 3.0
  for a license that does deal with this situation).  Under the LGPL
  2.1, the fact that Party B may have a patent license with an unrelated
  third-party is irrelevant as long as it doesn't prevent Party B from
  granting people the rights LGPL 2.1 requires they grant them (namely,
  only those rights it in fact received from Party A).

Thanks for your willingness to discuss these matters.

So, to be clear, you're saying that situation 2 applies in your case?

-hkon
  Håkon Wium Lie  CTO °þe®ª
howc...@opera.com  http://people.opera.com/howcome