[FFmpeg-devel] [PATCH] VP8 de/encode via libvpx

[Diego Biurrun]

On Wed, May 19, 2010 at 02:28:10PM -0400, James Zern wrote:
> 
> --- /dev/null	2010-02-26 16:50:52.000000000 -0500
> +++ libavcodec/libvpxdec.c	2010-05-17 23:46:16.000000000 -0400
> @@ -0,0 +1,168 @@
> + * 
> + *  Subject to the terms and conditions of the above License, Google
> + *  hereby grants to You a perpetual, worldwide, non-exclusive,
> + *  no-charge, royalty-free, irrevocable (except as stated in this
> + *  section) patent license to make, have made, use, offer to sell, sell,
> + *  import, and otherwise transfer this implementation of VP8, where such
> + *  license applies only to those patent claims, both currently owned by
> + *  Google and acquired in the future, licensable by Google that are
> + *  necessarily infringed by this implementation of VP8. If You or your
> + *  agent or exclusive licensee institute or order or agree to the
> + *  institution of patent litigation against any entity (including a
> + *  cross-claim or counterclaim in a lawsuit) alleging that this
> + *  implementation of VP8 or any code incorporated within this
> + *  implementation of VP8 constitutes direct or contributory patent
> + *  infringement, or inducement of patent infringement, then any rights
> + *  granted to You under this License for this implementation of VP8
> + *  shall terminate as of the date such litigation is filed.

Ah, so the patent grant only covers this implementation!  Once we come
up with our native and faster decoder, we will be liable again.  Good
job Google!

Also note the language about "necessarily infringed" - if Google comes
up with some clever tricks to speed up this implementation tenfold and
then go on to patent it, you are *not* granted a license.  You can,
after all, implement VP8 the slow way...

I think this clause is unacceptable.  I'm very disappointed at Google.

Diego