I can't speak to any of the legality questions, but this whole issue
had me go back to the README file from the ISO distribution (on
ftp.tnt.uni-hannover.de) which says quite clearly:
--------------------------------------------------------------------
Note that this code is under ISO copyright. It is opened for public
access in order to allow people to evaluate the code and possibly
contribute to further improvements.
The final revision will become part 5 of IS 13818 - Technical Report
and can then be ordered from ISO.
--------------------------------------------------------------------
Now whether or not the 8hz work can be counted as a contribution to
"further improvements" is not clear, and I'm sure that the folks at
IIS will refer to the latter of the two paragraphs. Regardless of
what the README file says, IIS seems to have the patent, and can
pretty much do anything they want to it seems.
(And to the best of my knowledge, the ISO as with any standards group
can adopt and promote standards based on patented works, PKCS uses RSA
which is patented. Go figure)
Matthew Hohlfed (re-lurking)
PS: I am just spouting here, this is not intended to be advice of any
sort, and should be taken with a veritable mountain of salt.
PPS: Thanks for the great work on enhancing the encoder, while it lasted!
>
> Folks, the following questions may seem a tad symplistic but I am a curious
> fellow:
>
> [Q]. I thought the 8Hz encoder was based on ISO reference source?
> [Q]. If the above is true, why would the ISO MPEG crowed release source
> that was subject to patent? I thought all the open stuff was ment to be in
> the public domain?
>
> A follow on question would be, can the ISO adopt and promote a standard
> based on a patented format?
>
> Anthony
>
>
> At 05:53 PM 9/9/98 +0200, you wrote:
> >Hello all,
> >This is a letter from IIS I got today (I was also shipping a modified
> >version of the 8 Hz converter). I did the same thing as the 8Hz guys and
> >removed the executables.
> >
> >Albert Faber
> >
> >-----Original Message-----
> >From: Martin Sieler <[EMAIL PROTECTED]>
> >To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
> >Cc: Henri Linde <[EMAIL PROTECTED]>
> >Date: Tuesday, September 08, 1998 6:26 PM
> >Subject: MPEG Layer-3 - Possible infringement of our patents
> >
> >
> >Dear Ladies and Gentlemen,
> >
> >As you may know, both the Fraunhofer Institute and THOMSON
> >have done important work to develop MPEG Layer-3 audio
> >compression (before and after it became part of the MPEG
> >standards). This work has resulted in many inventions and several
> >patents, covering the MPEG Layer-3 standard.
> >
> >From your publications and your web-site we learn that you
> >distribute and/or sell decoders and/or encoders that use the MPEG
> >Layer-3 standard.
> >
> >Our files do not show that you have a valid license agreement with
> >us. This means that the products infringe the patent rights of
> >Fraunhofer and THOMSON.
> >
> >To make, sell and/or distribute products using the standard and
> >thus our patents, you need to obtain a license under these patents
> >from us.
> >
> >In the past, we have licensed several companies under different
> >models for different products, e.g.:
> >- Software encoder licenses against a per unit royalty starting
> > at $ 25,00 and decreasing for high volumes; and
> >- Pay-audio licenses against a royalty of $ 0,01 per song or
> > 1 % of the selling price.
> >
> >At least the Software encoder license seems to apply to your
> >products and we would appreciate if you could send us some more
> >details about your activities, in order to discuss what would be the
> >right royalty structure for your company.
> >
> >In view of the above, we urge you to contact Henri Linde
> >(mailto:[EMAIL PROTECTED]) and Martin Sieler
> >(mailto:[EMAIL PROTECTED]) in order to start the discussion of the license
> >or licenses needed.
> >
> >We look forward to hearing from you soon.
> >
> >Best regards,
> >- Martin
> >
> >
> >---
> >Martin Sieler
> >Fraunhofer IIS-A, Audio & Multimedia
> >email: [EMAIL PROTECTED]
> >phone: +49 9131 776-610
> >fax: +49 9131 776-699
> >www: http://www.iis.fhg.de/amm/
> >
> >
> >
>
>
