[whatwg] Video Tag Proposal

[Boris Zbarsky]

On 3/30/10 9:58 AM, Eoin Kilfeather wrote:
> If a browser supports it in good faith, and subsequently a troll successfully introduces a
> patent challenge, would the consequence not be that the codec would
> simply be dropped with the next maintenance release of the browser?

IANAL, but as I understand the answer is "it depends".

> In fact a court would surely allow a reasonable time for transition.

Depends on how one defines "reasonable".  Also depends on whether a 
preliminary injunction is issued; if one is the chances of "reasonable 
time" seem slimmer to me.

> but that is at least a work-flow susceptible to automation.

Sort of.  Transcoding of a large corpus of video can well take more than 
a "reasonable time".

> I can't see a court giving financial "damages" for infringement of a
> patent which hasn't surfaced since<video>  was proposed at the end of
> 2006.

Why not?  It's a patent and it's being infringed.  Why wouldn't there be 
financial damages?

I think you're being too optimistic about the way patents work 
nowadays...  :(

-Boris