Originally posted by Artim
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If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell
If software patents did not exist, we would choose codecs on technical merit.
Given that software patents do exist in some important jurisdictions, and that both 'submarine' patents exist as well as 'standard-essential' patents existing, then it is reasonable to evaluate the risk of being affected by the use of non-free technology.
Software patents, in the USA, have a lifetime of 20 years after filing.
Xiph Theora 1.0 was released in November 2008. VP* was released by On Technologies in September 2008. So both are younger than 20 years old.
Given the changes in US Patent law in the past couple of decades, I think (but I am no patent lawyer) that in December 2028 one could be reasonably certain that Theora 1.0 does not infringe any patents. until then, it's not known. If you are being cautious, you might decide to wait until all possible patents have expired before using a particular technology without a licence from putative patent holders - or have deep pockets and be prepared to fight an expensive legal case, the result of which is less important than having the means to fight it. Patent 'trolls' exist, and are usually better funded than individuals and small businesses.
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