[whatwg] Video Tag Proposal
bzbarsky at MIT.EDU
Tue Mar 30 17:37:42 PDT 2010
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
Why not? It's a patent and it's being infringed. Why wouldn't there be
I think you're being too optimistic about the way patents work
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