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Comment Re:Dolby is run by fuckwads (Score 1) 42

Your no true Scotsman fallacy is showing you don't even know what a Scotsman looks like. Virtually 100% of patent holders sit on all their patents for the entire duration of the patent.

That's because virtually 100% of patent holders use their patents defensively.

waiting for the patented technology to be ingrained in the industry

Dolby actively used their patents and actively defended them. They created that technology and marketed it heavily. They didn't sit around and wait. Just because they make most of their money from licensing doesn't make them a patent troll any more than every university in the world is suddenly a patent troll by your definition.

You missed the part where they knowingly allowed a patent to become part of a published open standard and ignored it for an entire decade, *then* started going after violations.

Oh, actually, it's worse than that. Dolby acquired these patents from General Electric two years ago. So in this matter, they quite literally ARE patent trolls. They did nothing to create this technology, but rather bought the patents to enrich themselves by becoming a leech on the industry now that companies are abandoning their codecs in favor of codecs whose encoders don't involve royalties.

Yes, but using them offensively after sitting on them violates the doctrine of Laches.

This isn't offensive. By all accounts their licensed product has been taken without a license paid.

You obviously don't understand patent law terminology, so let me give you a refresher:

  • Defensive use of patents - patents held until someone sues you, then used to retaliate and make the other company's lawsuit more expensive and complex, usually resulting in a cross-licensing agreement.
  • Offensive use of patents - suing someone else over the patent without having been previously sued by that someone else.

Suing multiple companies for violating a patent without getting sued first is the very definition of offensive use of a patent.

In effect, they sat on the patents so that people would end up depending on AV1

Congrats on falling into a vortex of ignorance. Headlines are fun to latch on to, especially useless ones likes Slashdot headlines. Dolby isn't suing Snapchat for AV1. Dolby is suing Snapchat for not paying HEVC license. AV1 is just caught up in as a listed example due to Snapchat's HEVC-AV1 transcoder being one of the infringing items on the docket.

Those are actually separate lawsuits. (See link above.) The AV1 lawsuit is suing to stop them from using AV1 and force them to use a Dolby-licensed codec. They're also suing a Chinese hardware maker over AV1 at the same time.

At this point, it would be entirely reasonable for a judge to declare that because they failed to act against AOMedia

That's not how the law works. AOMedia has infringed zero patents. You can't infringe a patent by creating an algorithm and publishing it online. If that were the case you may as well say the US Patent Office is infringing patents. Businesses using products infringe patents.

The hell you can't. Patent infringement occurs on creating an instance of an invention. The moment they create source code for the software (an instantiation of the patent), they have violated the patent. It doesn't have to be instantiated into hardware or used by a business to be a violation. The patent violations began when AOMedia distributed the first beta versions a decade ago. The original patent holder (GE) did not sue.

To be fair, the reference implementation may not have been directly created or distributed by AOMedia, in which case the same applies, but to whatever company actually created and distributed it. This is largely an unimportant detail.

Businesses using products *also* infringe patents, which IMO, is a bad thing, but that's a separate discussion.

they lost their right to sue AOMedia for damages in creating the patented technology

Literally no one is suing AOMedia.

You literally didn't understand what I said.

Patent exhaustion occurs when a product is sold by someone who has the right to sell something that violates a patent, which typically means that either they own the patent or they paid licensing fees. It prevents someone from then suing downstream customers. And there is a six-year statute of limitations on suing over a patent violation. What I'm arguing is that:

  • Distribution of open source software effectively occurs exactly once per version, because the redistribution permission inherent in open source software makes it impossible to determine whether a copy of the software was obtained directly from the creator on a particular date or from someone else who previously got it from the creator.
  • Open source distribution is effectively a sale for patent purposes, just at zero cost.
  • That sale occurred a decade ago when AOMedia distributed the reference implementation.
  • Because no objection was made to that sale (against AOMedia) during the statutorily limited 6-year period, that sale should be considered to be an authorized sale, in which case patent exhaustion occurred on the results of that sale.
  • All copies of the original reference implementation and their derivatives are therefore untouchable.

This is a legal theory. To my knowledge, it has never been tested in court, largely because companies do not do what Dolby is doing, suing companies for using open source reference implementations or their derivatives nearly a decade after their release. And it should be clear that this theory applies only to patents in the context of software.

Comment Re:It's inevitable (Score 0) 162

it is LGPL2 or later. So LGPL3 applies. So the anti tivoization clause applies.

That's the opposite of how that works. It's LGPL 2 or later. That means you can follow the terms of redistribution from either license. Either. Or.

Sure. But it won't be your usual Linux distro.

It will do the same jobs. Most of the software on which we depend predates the GPL3 and/or uses an even more permissive license without an anti-tivoization clause.

Comment Is that because of the monopoly? (Score 3, Interesting) 52

The most fortunate part of Bell Labs' situation, however, was that in being attached to a monopoly it could partake in long-term thinking... Without competition nipping at its heels, Bell Labs engineers had the luxury of working out difficult ideas over decades.

Was it the monopoly that made the difference? Or was it simply management smart enough to not only not kill the goose, but also to feed it? They had wins, they got more funding, they had more wins, repeat until they no longer got more funding and stopped getting wins. What's probably more important than why they succeeded is what happened at the end.

Comment Re:Installer level disabling (Score 1) 162

Installer level disabling of the installation of systemd, please.

If you're a Debian derivative user, it's called Devuan.

Otherwise...*

* Note: Removing systemd from a systemd-based system is madness. There's a reason Devuan exists, and it is that simply changing the init system on Debian results in a lot of breakage, which best illustrates the biggest problem with systemd.

Comment Re:the issue is putting it in systemd (Score 1) 162

systemd is an integral part of many Linux systems. Adding the birth-date to it is the issue here. It's not the right place.

Yes, that is literally the entire ethos behind systemd.

It's crazy to expect a distro maintainer in a sane country to need to yank it out of there manually

Yes, that is literally the entire situation with systemd.

This change literally could not be more on brand for systemd.

Comment Re:It's inevitable (Score 1) 162

A Linux distro (even preinstalled) cannot be closed source and/or unmodifiable by the end user, the GPL3 made sure of that.

The Linux kernel is GPL2 and glibc is LGPL, and you can construct a complete userland without any GPL3 components. Also, you seem to be under some weird misapprehension that the federal government will follow the law, which it has never done across the board.

Comment Re:advice to children (Score 2) 162

Slavery and many other such things were once legal.

Amendment XIII
Section 1: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction".
Section 2: "Congress shall have power to enforce this article by appropriate legislation".

Emphasis mine.

Comment Re:This reminds me of something (Score 2) 48

Reply "yes", then close and reopen this message to activate the link.

No matter how idiot-proof you make technology, God will always create a better idiot. That's why the right way to solve this problem is:

  • Make it as hard as possible for users to accidentally do something that is irreversible, and as easy as possible to roll back even serious mistakes. This means, among other things, keeping more than just a single backup. (Apple, I'm talking about your borderline useless iCloud backups here when I say that.)
  • Make SSNs easily changeable and less easily guessable.
  • Make it technologically as hard as possible to send out messages in a way where the sender's identity can be forged to look like it comes from someone else.
  • Aggressively prosecute phone companies who allow calls and text messages onto their network from fake phone numbers.
  • Aggressively track down, prosecute, and very publicly make an example of every person who tries to pull one of these scams, along with the people who employ them, so that anybody considering pulling such a scam is aware of previous scammers who have ended up behind bars for thirty to life within six months of starting their scam.

But IMO, the most important one is that last one. We would be a lot better off if the right to a speedy trial were taken seriously. If a year or more passes between committing a crime and being prosecuted, the threat of prosecution ceases to be a meaningful deterrent to crime.

If I were in charge, there would be two nationwide statutes of limitations added that apply to all crimes:

  • Charges must be filed within six months* of law enforcement having solid evidence showing who committed a crime. Just cause must be shown for any exceptions to this. If the law enforcement fails to show that they received significant supporting evidence that made it possible to bring their case during the six month period prior to filing charges, the charges are automatically dropped.
  • Cases must begin within thirty days* of bringing charges. If the case cannot begin within 30 days, the charges are dropped.

* I'm willing to consider arguments that these numbers should be slightly higher, but not dramatically so.

If legitimate extenuating circumstances outside the control of prosecution warrant a delay (e.g. the defendant being impossible to locate or in another country), a judge could order the statute of limitations tolled. But otherwise, the only exceptions should be in situations where a mistrial or similar forces a new trial (which obviously starts more than 30 days after the initial charges are filed). And even for a retrial, there should be a hard limit of maybe 90 days from the end of the previous trial or thereabouts.

This would result in a very large number of cases not getting prosecuted, but by forcing the prosecution to triage cases and bring important cases quickly, it would ensure that fear of being brought to justice would be a real deterrent to committing crimes. Right now, it is not. Good people don't (intentionally) commit crimes, because they have morality and ethics. Bad people do, because they have neither. Almost nobody avoids doing crime merely out of fear of punishment, and that's a bad thing.

Comment Re:Dolby is run by fuckwads (Score 1) 42

Errr no, they very much do make technology. Quite a bit of it actually. Lots of what is marketed under Dolby Vision and Dolby Audio was developed by themselves and they spend a quarter of a billion dollar every year on R&D. Heck even the noise cancelling ability in video conferencing software along with music detection was largely developed by Dolby.

I would still consider them patent trolls at this point. Legitimate patent holders use patents immediately or hold them to use defensively. They do not sit on patents for an entire decade, waiting for the patented technology to be ingrained in the industry, and then use them to earn income. The patent having been created in-house rather than acquired doesn't change the fact that the behavior is fundamentally similar.

Just because you don't see their products on the shelves at Best Buy doesn't mean they don't make those either. They produce reference monitors for colour grading Dolby Vision content, they have an entire line of cinema audio speakers, and they make the rest of the cinema audio stack as well as a first party product, including multichannel amplifiers and audio pre-processors for Atmos content - a codec they also developed from the ground up.

Dolby Atmos was 2012. Dolby Vision was 2014. How are they not basically a non-practicing entity at this point?

The fact they sit on a bunch of related patents is just the nature of any R&D development.

Yes, but using them offensively after sitting on them violates the doctrine of Laches. In effect, they sat on the patents so that people would end up depending on AV1, because if they sued too early, AOMedia would have designed around the patent, and they would get nothing. So they deliberately delayed action to cause prejudice to the defendant.

At this point, it would be entirely reasonable for a judge to declare that because they failed to act against AOMedia within the 6-year window prescribed by patent law, they lost their right to sue AOMedia for damages in creating the patented technology, and that patent exhaustion applies to all downstream users. And if that happens, I will laugh so hard.

Comment Re: Why are lawsuits allowed against end users? (Score 1) 42

Imagine your little startup patents something and is egregious copied by a large, rich company. If the startup doesn't immediately have the funds to sue, the other company just gets to use the tech without the patent with no consequences. Seems unfair.

Dolby is not a startup. It was founded in 1965.

Also, the doctrine of Laches says you cannot unreasonably delay filing a lawsuit. Waiting ten years from the first release of the specification is clearly unreasonable. Waiting eight years from the first finished implementation is clearly unreasonable.

The bigger problem for Dolby is that patent law won't let you recover damages at all for damages more than six years ago, and the standard has been available for eight. So unless somehow this is some wacky patent where Dolby claims that some use of an otherwise non-patent-protected codec is patented (which should almost certainly result in that patent getting overturned for obviousness), Dolby should be laughed out of court.

But I'm sure they're hoping that Snapchat caves and agrees to go back to a Dolby codec or pay them royalties rather than fight them in court. This is patent troll behavior. Dolby has effectively become a patent troll, IMO.

Comment Re:Why are lawsuits allowed against end users? (Score 2) 42

Unfortunately, from a legal point of view, AOMedia hasn't done anything against Dolby. It's simply created a video compression codec. It doesn't use the codec, it just publishes documentation on how to use it.

From a patent law point of view, it is illegal to create something that violates a patent, not just to use it. Patent law kicks in when you create, offer for sale, sell, import, or otherwise distribute a patented invention.

IMO, one of the biggest flaws in patent law is that it covers the use of inventions in all cases except for patent exhaustion (sale of an already-licensed product). With the exception of pure process patents, IMO, that should not be a violation, as a user has no realistic way of knowing that something they bought violates someone else's patent, and should not even need to worry about such nonsense.

This "feature" of patent law exists solely to give the patent holder more leverage to screw the company accused of violating the patent by holding their innocently infringing customers liable, causing irreparable reputational damage to both companies, irreparable harm to countless others, etc., and it should have been eliminated decades ago.

That said, having seen this behavior by Dolby, I hereby vow to never knowingly buy any product that they manufacture, nor support their products or technology, nor use it except in situations where the content creator or distributor leaves me no alternative. They've gone from being a legitimate technology company to a glorified patent troll. Instead of innovating and making the world better to enrich themselves, they are suing anybody and everybody and making the world worse to enrich themselves.

Moreover, absent gross incompetence by Dolby's legal counsel, it seems clear that Dolby flagrantly and willfully violated the doctrine of Laches to allow damages to accumulate for eight full years from the final release (and ten years from the first specification release), thus allowing AV1 to become the dominant codec so that they could then predatorily use their patents to squeeze money out of the industry. Their behavior is nothing short of unconscionable, and whether due to incompetence or malice, their legal counsel should be formally sanctioned for it.

Finally, if Dolby wins, it is paramount that the entire technology industry agree to never license *any* future Dolby technologies going forwards, because doing so will only encourage them to use the patent system to prevent free and open standards. The only way to prevent patent abuse is to stop feeding the companies that abuse patents.

It is my fundamental believe that data formats should not be allowed to be protected by copyright or patents under any circumstances, because doing so fundamentally violates the rights of the owners and creators of that content. It makes it so that users can potentially lose access to data that they created. And this is wholly unacceptable for the same reason that renting software is unacceptable.

In short, Dolby and its lawyers can go f**k themselves with a shovel.

Comment Re: The Mac Pro died in 2019 (Score 1) 90

"Apple has never offered a product that justified a large chassis. It used to be lots of slots, hard drives and other storage that justified it. Macs have never been about that"

I see you don't remember the 68k Macs OR the PPC Macs. Apple offered machines with lots of slots ever since the Macintosh II line. HTH.

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