At 10:10 +0100 25/06/07, Gervase Markham wrote:
Dave Singer wrote:
What is more, no-one with deep pockets has yet used the Ogg codecs
seriously, and therefore there is no "honey pot" to attract the
submarines (hm, do submarines like honey?). This is not the case
with H.264 and AAC, as we have made, um, some money using them,
among others.
If you had been making this argument before November last year,
would you have included MP3 in that list of "technologies people had
been making money from but which had attracted no submarines"?
Yes, I think so. We are talking about the balance of probabilities
here, not certainty.
http://en.wikipedia.org/wiki/Alcatel-Lucent_v._Microsoft shows that
this sort of argument about "deep pockets" and "so far" shouldn't
give Apple much confidence. MP3 was used by a lot of people with
deep pockets for quite a while before the submarine surfaced.
This is an interesting case, but given that it's under appeal, I
think it would be wrong for us to discuss it here, alas.
--
David Singer
Apple/QuickTime
