MP3 patents (was: Freerunner's Future)
steve at openmoko.com
Sat Jun 6 17:06:08 CEST 2009
David Reyes Samblas Martinez wrote:
> 2009/6/5 Tim Schmidt <timschmidt at gmail.com>:
>> On Fri, Jun 5, 2009 at 3:26 PM, Steve Mosher<steve at openmoko.com> wrote:
>>> I am somewhat constrained in what I am able to say. On one view there is
>>> the position,
>>> held by some, that any hardware that is merely CAPABLE of mp3 decode is
>>> to apply for a license.
>> So these dolts want a license fee for every turing complete computer
>> above a few mips?
> in short yes, in Spain is even more blooding, because apart of format
> war licences in customs, there is local agency called SGAE that
> succeeds in make pay a fee for any device not only able to play mp3
> but any kind of music, and that's not all, not only to play but to
> keep any kind of multimedia format (this include CD/DVD-R, HD,
> Is no matter of common sense or logic, now a days with law at hand,
> they can do it and they do. Then is your work to demonstrate in court
> you are right but meanwhile you are totally fuc$%ed. Scaring ,isn't
> Steve the problem is that "some" holding the position, are the ones
> that have enough money/power/time/knowledge to sue you, because even
> If they know they can loose in the court, in a way or another you will
> pay because you just can afford and stand in the whole long proccess,
> is their daily routine.
Yes, I know this is the problem. Perhaps I wasnt clear enough in my
cryptic note. The issue
isnt whether or not this position is valid or will "win" in court.
The issue is this. can you afford
to defend yourself? At one company I worked at the rule was pretty
simple. Try to settle anything
that was less than a certain dollar amount, say XYZ dollars,
because the cost to even get in front of a judge
was XYZ dollars. I cant count the number of times I was told " they
have no case, but the cost to prove it
is $$$, go work out a deal"
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