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Adrian Kingsley-Hughes

Is Google after an H.264 free lunch?

By | January 13, 2011, 6:39am PST

Since Google announced that it is planning to drop support for the H.264 codec from its Chrome browser (and presumably Chrome OS) the blogosphere has exploded with thoughts, ideas, rants and conspiracy theories about what motive the search giant could have for this move.

So what does Google want? Let me sum it up for you in two words - Free lunch.

See, this move has nothing to do with open source. Sure, open source makes a great scapegoat, a great excuse, but if this were truly about Google wanting Chrome to be pure, unadulterated open source, the company wouldn’t have baked Flash into it for a start.

Is it about YouTube storage, like my colleague Jason Perlow suggests? Well, I do find his argument compelling, but the problem I have with his argument is that is for this to be the reason, Google must have somehow, somewhere dropped the ball and not properly worked out the projected storage demands for YouTube. Google offered YouTube uploaders HD, allowed for different formats, allowed longer videos. If Perlow is right then this was done with no concern for the impact it would have on storage until someone sat down with a pencil and the back of an envelope and calculated projected storage needs for the next few years and instead of coming up with a number, that poor engineer came up with a noise, something like:

“Aaaaarrrrrrrrgggggggggggghhhhhhhhhhhhhhhhhhhhhhhhhh!”

I dunno, maybe Google dropped the ball, but if that was the case, there’s more the company could do to reduce storage demands than cling to an inferior video codec.

Is it about money? Yes, but it’s not up-front licensing … George Ou has the details:

Google which owns the world’s largest free video streaming site YouTube was facing a serious patent bomb from the MPEG-LA patent pool in 2015 when the free licensing terms for free video streaming sites expired.

By threating to switch to the new “WebM” standard which used the VP8 compression technology that Google acquired from ON2 for $106.5 million of Google common stock, it forced the MPEG-LA to promise free streaming licensing terms indefinitely.  The fact that VP8 has its own patent uncertainty and that VP8 is obviously inferior to H.264 is irrelevant because its mere existence constitutes a viable bluff. Considering the cost of patent lawsuits, $106.5M is chump change. And since Microsoft already paid for an H.264 license at the operating system level and they’re willing to extend it to third party web browsers like Mozilla Firefox at no charge to Mozilla, Google can recoup an additional $6.5M a year by letting Microsoft create an H.264 plugin for Chrome.

So Google is after a free lunch. It wants free streaming licensing terms forever, and wants someone else (Microsoft or perhaps Adobe) to pick up the tab for the codec.

This makes a lot of sense, a lot more sense than this being an open source or storage issue.

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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What if?
Sagax- 18th Jan 2011
What if Google was more concerned with the license fees to be paid by developers and programmers.
Google is run by freeloaders and leeches. This is why Google will always be a subpar company.
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He's still ironing his cheerleader outfit. You know, the one with the gigantic "G" on the front.
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Yep
Cylon Centurion 13th Jan 2011
@Hallowed are the Ori

WebM is far superior than H.264 because Google owns it and he says so. The only ones who say otherwise are Windoze dildos, whose opinions don't matter as there aren't many of them anyways.

I think that about sums up what I've gotten from him this week. Did I forget anything?
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@Cylon Centurion 0005
You are correct. Thats for this week. His predictions always come true like "nobody uses Windows 7 and Office 2010." Like 7 new installations of Windows 7 every second is no one.
supported. Chrome, ChromeOS, Android, WebM / VP8 are ALL open source. Go back to your caves and run you Win32 applications, formating madly to print on 8.5x11 paper. Don't forget your printers.
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Right...
Hallowed are the Ori 13th Jan 2011
Wrench >> About Google Chrome

Google Chrome
7.0.517.41


Now... you were saying?
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YOu make it seem
Cylon Centurion 13th Jan 2011
@DonnieBoy

PC's still come in beige boxes. Eitherway, your impressions of PC users is way off.
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RE: Is Google after an H.264 free lunch?
tonymcs@... 13th Jan 2011
@DonnieBoy

Gee I migrated to Win64 Donnie and if you're really lucky, Linux might get to reproduce bad clones of Win32 software some day. I mean OO almost reproduces Office 97 so you only have 13 years to wait wink
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Google: stay the course.
Dietrich T. Schmitz, ~ Your Linux Advocate Updated - 13th Jan 2011
We live in a time where software patent law suits are invoked at the drop of a hat.

I am happy to embrace and use 'an inferior' codec because there is no contingent liability in doing so. From software patents come exploitation and human suffering.

Google continues to chart a course that leads the way to the betterment of Mankind and with a pledge to 'do no evil'.

God Bless Google.
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RE: Is Google after an H.264 free lunch?
Hallowed are the Ori 13th Jan 2011
Wow.... that was.... wow.
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@Dietrich T. Schmitz, Your Linux Advocate.. you seriously need to get out more.. get some sun, breath some fresh air etc.. we're talking about a video codec here.. not human right.. you understand that right.. this stuff might be fun to talk about but you understand that in the grand scheme of things this ranks pretty damn low with all the things going on in the world.. you understand that right.. "God Bless Google".. Wow.. you need some serious help..

"no contingent liability"? are you kidding me?? everyone that's been over that code says that there will be.. those format are not going to be free of licensing and everyone knows it, including Google.. only you seem willfully oblivious to that..
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For the fringe tech-geek
Michael Alan Goff 13th Jan 2011
@Dietrich T. Schmitz, Your Linux Advocate

this is the type of thought that makes sense. For the average user, the words "open source" "closed source" "patent encumbered" and so forth don't matter. They want the product that works better.
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Cogitation: It's good for you.
Dietrich T. Schmitz, ~ Your Linux Advocate 13th Jan 2011
@goff256

A letter from Donald Knuth to the Commissioner of Patents and Trademarks on the issue of Software Patents:

h-t-t-p://www.pluto.it/files/meeting1999/atti/no-patents/brevetti/docs/knuth_letter_en.html

His ideas still stand on their own as sound.

"Commissioner of Patents and Trademarks
Box 4
Patent and Trademark Office
Washington, DC 20231

Dear Commissioner:

Along with many other computer scientists, I would like to ask you to
reconsider the current policy of giving patents for computational
processes. I find a considerable anxiety throughout the community of
practicing computer scientists that decisions by the patent courts and the
Patent and Trademark Office are making life much more difficult for
programmers.

In the period 1945-1980, it was generally believed that patent law did not
pertain to software. However, it now appears that some people have
received patents for algorithms of practical importance - e.g., Lempel-Ziv
compression and RSA public key encryption - and are now legally preventing
other programmers from using these algorithms.

This is a serious change from the previous policy under which the computer
revolution became possible, and I fear this change will be harmful for
society. It certainly would have had a profoundly negative effect on my
own work: For example, I developed software called TeX that is now used to
produce more than 90% of all books and journals in mathematics and physics
and to produce hundreds of thousands of technical reports in all scientific
disciplines. If software patents had been commonplace in 1980, I would not
have been able to create such a system, nor would I probably have ever
thought of doing it, nor can I imagine anyone else doing so.

I am told that the courts are trying to make a distinction between
mathematical algorithms and nonmathematical algorithms. To a computer
scientist, this makes no sense, because every algorithm is as mathematical
as anything could be. An algorithm is an abstract concept unrelated to
physical laws of the universe.

Nor is it possible to distinguish between "numerical" and "nonnumerical"
algorithms, as if numbers were somehow different from other kinds of
precise information. All data are numbers, and all numbers are data.
Mathematicians work much more with symbolic entities than with numbers.

Therefore the idea of passing laws that say some kinds of algorithms belong
to mathematics and some do not strikes me as absurd as the 19th century
attempts of the Indiana legislature to pass a law that the ratio of a
circle's circumference to its diameter is exactly 3, not approximately
3.1416. It's like the medieval church ruling that the sun revolves about
the earth. Man-made laws can be significantly helpful but not when they
contradict fundamental truths.

Congress wisely decided long ago that mathematical things cannot be
patented. Surely nobody could apply mathematics if it were necessary to
pay a license fee whenever the theorem of Pythagoras is employed. The
basic algorithmic ideas that people are now rushing to patent are so
fundamental, the result threatens to be like what would happen if we
allowed authors to have patents on individual words and concepts.
Novelists or journalists would be unable to write stories unless their
publishers had permission from the owners of the words. Algorithms are
exactly as basic to software as words are to writers, because they are the
fundamental building blocks needed to make interesting products. What
would happen if individual lawyers could patent their methods of defense,
or if Supreme Court justices could patent their precedents?

I realize that the patent courts try their best to serve society when they
formulate patent law. The Patent Office has fulfilled this mission
admirably with respect to aspects of technology that involve concrete laws
of physics rather than abstract laws of thought. I myself have a few
patents on hardware devices. But I strongly believe that the recent trend
to patenting algorithms is of benefit only to a very small number of
attorneys and inventors, while it is seriously harmful to the vast majority
of people who want to do useful things with computers.

When I think of the computer programs I require daily to get my own work
done, I cannot help but realize that none of them would exist today if
software patents had been prevalent in the 1960s and 1970s. Changing the
rules now will have the effect of freezing progress at essentially its
current level. If present trends continue, the only recourse available to
the majority of America's brilliant software developers will be to give up
software or to emigrate. The U.S.A. will soon lose its dominant position.

Please do what you can to reverse this alarming trend. There are far
better ways to protect the intellectual property rights of software
developers than to take away their right to use fundamental building
blocks.

Sincerely,
Donald E. Knuth
Professor Emeritus
"
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If patents are removed
Michael Alan Goff 13th Jan 2011
from software? I'll be one of the first people to give a nice hooray. I was just stating that the average user merely cares about performance, not about what is used to get that performance. Do I support software patents? Not really, though I do believe that people should get paid for their work (everybody should get paid for good work).

I will continue to support h.264 until VP8 is improved upon to be as good or better, though. To me, the end product is worth it.
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Patent Act of 1790
Dietrich T. Schmitz, ~ Your Linux Advocate 13th Jan 2011
@goff256

h-t-t-p://www.the-business-of-patents.com/origin-of-patents.html

"Article I, section 8, the U.S. Constitution states:

Congress shall have power . . . To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."


Much has changed since then:

United States:

* Patent Act of 1790
* Patent Act of 1793
* Patent Act of 1836
* Patent Act of 1922
* Patent Act of 1952
* Patent and Trademark Law Amendments Act of 1980
* Patent Reform Act of 2005 (not enacted)
* Patent Reform Act of 2007 (not enacted)
* Patent Reform Act of 2009 (currently pending legislation)

Now, this isn't fringe thinking. And I don't believe that what I referenced in my opening thread constitutes fringe thinking either--quite the opposite, in fact, is the notion that open source unencumbers and liberates society to do what should be considered integral to mathematics, developing algorithms, without risk and exploitation.

Nothing is written here about copyrights which may need revision to improve upon their original intent as well as the Patent Act.

But I will reaffirm that Google continues to carry forward their credo: Do No Evil.

And by making gestures such as buying a multi-million dollar company and open sourcing their 'algorithms' they are being major contributors to elevating the pure usefulness of the Internet to the larger betterment of Mankind.
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Do No Evil Dietrich?
Cylon Centurion 13th Jan 2011
With all the **** Google has done lately, their mantra is "Do More Evil".
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I respect what google is doing
Michael Alan Goff 13th Jan 2011
I also support the effort for Patent Reform, there are way too many trolls out there.
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@goff256
I think we all would have been better off if they had stuck to allowing copyright of source code and forgot about issuing patents for software! Some of the stuff is so basic, that it isn't even possible to "re-invent the wheel" to get around them!
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Enjoy inferior technology then
Cylon Centurion 13th Jan 2011
NT
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@Dietrich T. Schmitz, Your Linux Advocate
I think you better stick to advocating Linux. VP8 is still underscope by MPEG LA for possible patent breaches and if they find one, it is not going to be good day for Google. Thats the reason there is h/w accelaration for it now and probably there wont be in future at least near future.
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Prescient words from PJ
Dietrich T. Schmitz, ~ Your Linux Advocate 13th Jan 2011
@Rama.NET
Pamela Jones opines on the MPEG LA vs Google VP8 kerfuffle:

h-t-t-p://www.groklaw.net/articlebasic.php?story=20100521100651738

"So Apple and Microsoft were willing to cave to Hollywood. Google has chosen to stand for openness. That means they are on *your* side. That's how I see it, anyway.

You know what happens when you try to stand up to bullies? They try to bully you more.

I can speak from some experience, I think. What happens is you get falsely accused, and folks pick over every single thing you do and say looking for flaws, and then they highlight them again and again to damage your reputation. And they try to ruin you, by filing accusations against you to entities that have the power to shut you down or try to involve you in bogus litigation. Sadly, sometimes even good people get influenced by such cynical tactics.

That's what happens to you if you are a person. Imagine if you are a company instead. As you look at the news and follow along as Google experiences all this and more, as I have no doubt it has1 and will2, will you be influenced? Maybe join in the bashing? Think. Some of the mainstream media will. What about you?"
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I think they're just trying to scare Google
Michael Alan Goff 13th Jan 2011
@Rama.NET

If they have anything, show it.

-Possible- violations are just a way of saying "do it and we'll sue so fast". If it is violating patents, we need to get it out in the open and get it over with.
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RE: Is Google after an H.264 free lunch?
tonymcs@... 13th Jan 2011
@Dietrich T. Schmitz, Your Linux Advocate

Unlike you not to at least understand an article DTS. There is no "open source" video codec, just WebM based on patents that will tested once Google convinces enough dummies to try it.
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I beg to differ
Dietrich T. Schmitz, ~ Your Linux Advocate 14th Jan 2011
@tonymcs@...
The webm project is open source:

h-t-t-p://arstechnica.com/web/news/2010/05/google-opens-vp8-codec-aims-to-nuke-h264-with-webm.ars
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Doesn't matter
John L. Ries Updated - 13th Jan 2011
The granting of a patent does not and should not imply an obligation on the part of the public to license it, or to prefer the patented technology over competing ones that are not patented (even if those competing technologies are technically inferior). The world assuredly does not owe patent holders a living.

The efforts to make H.264 part of the HTML5 standard appear to be to be yet another attempt to erect a toll booth on the WWW, subject it to proprietary control and maybe disadvantage open source developers and users (something in which a certain large corporation is always interested). The 10 year moratorium makes no difference as it's merely an effort to get users hooked on a patented technology (allowing license fees to be higher than otherwise). W3C should never have considered H.264 in the first place. It should be rejected as part of HTML5 out of hand.
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I think you're right
The Star King 13th Jan 2011
This is to avoid a patent bomb re YouTube.

However, it's also a considerable support to Flash and therefore an attack on Apple. Two of the major browsers, Chrome and Firefox, are now only capable of showing video through the Flash plug in. (I know: techically they support Ogg Vorbis and WebM but in practice these formats are non-existent on the web and will take minimum 10 years to become popular)
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Doesn't make sence!
matt@... 13th Jan 2011
I run a YouTube channell per YouTube (owned by Google) here is what they want:
Compression Type H264
FrameRate 30
etc etc etc

So what up!

Matt
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What if?
Sagax- 18th Jan 2011
What if Google was more concerned with the license fees to be paid by developers and programmers.

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