[mythtv-users] tivo patents cover mythtv?

[Nick Rout]

On Sun, Mar 7, 2010 at 10:21 AM, Simon Hobson <linux at thehobsons.co.uk> wrote:
> John Drescher wrote:
>
>>  >> providing at least one Input Section, wherein said Input Section
>> converts
>>>>
>>>>  said specific program to an Moving Pictures Experts Group (MPEG)
>>>> formatted
>>>>  stream for internal transfer and manipulation;
>>>
>>  > Myth doesn't do that.
>>
>> This sounds exactly what MythTV does.
>
> Actually it doesn't do that - Myth stores the input stream in it's native
> format. The capture card **may** do that, but that is not actually part of
> Myth. It may also do conversion as a post-storage operation, but that's not
> what teh patent describes.
>
>>  >
>>>>
>>>>  providing a Media Switch, wherein said Media Switch parses said MPEG
>>>>  stream, said MPEG stream is separated into its video and audio
>>>> components;
>>>
>>  > Myth doesn't do that.
>>
>> I would bet MythTV does that internally.
>
> No, it stores the native stream. It may be separated at the point of
> playback, or during post-storage processing, but it doesn't do it as part of
> the input process as described in the patent.
>
>
>
> Mark Knecht wrote:
>
>> What Simon may miss at this point is that it hardly matters anymore
>> (for Myth anyway) whether the Tivo patent is a valid idea. Once it's
>> patented it is patented and until someone can show the examiners that
>> it shouldn't have been it stays that way. That will typically involve
>> LOTS of lawyers. The defending company has a business that's making
>> money and wants to put up ever defense to keep it to themselves. The
>> arguing company wants in. Often this gets worked out outside of the
>> patent office in some sort of licensing agreement. It's not the sort
>> of thing that includes groups of interested bystanders.
>
> I haven't missed that point. I've heard that it can cost $250,000 to get a
> patent re-examined which is not back of the sofa cash :-O
>
>> Practically speaking even if Myth did violate Tivo patents (I'm
>> not saying it does. I've not read the patent and don't have standing
>> anyway...) the chances of Tivo going after a worldwide Open Source
>> development group is very slim in my opinion. Myth's chances of
>> survival are high in my opinion because of the way the source is
>> licensed. However there are cases of individual developers backing
>> down and changing the licensing on Open Source projects where patents
>> existed much like the Tivo patent.
>
> I'd agree there. Myth wouldn't be a productive target because there's no
> money behind it and no "sales" - that's primarily what it's about. Now if
> Myth managed to go mainstream and lots of people started using it (thus
> taking business from the patent holder or it's licencees), then there may be
> an interest in preventing it's use - but I think that's not a situation
> likely to arise anytime soon.
>

Actually this list's archives are full of "I loved my tivo but now I
use myth and love it more".

But I am guessing that's not a big chunk of tivo's market share. We
have only just got a tivo service in NZ, but in the US it seems to
have joined electrolux and xerox as a generic term, so I am guessing
it has pretty darn good penetration.

> Worst case would probably be that US based developers dropped out and left
> the project to non-US developers for who US patents are irrelevant. No-one
> could stop this as I assume most if not all of the project is under GPL.

Certainly anything in the myth source itself is. Some side stuff like
useful scripts and some themes aren't.

>
> But since it's probably difficult to create anything non-trivial that
> doesn't infringe on someone's patent, then Myth isn't really any different
> to any other project.
>
> --
> Simon Hobson
>
> WANTED: "Software CD ROM Kit" for Canon CLBP 360-PS printer (Canon part no
> RH6-3612, or possibly RH6-3810, or RH6-3610 might do). I've a dead HD and
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> This is NOT the same thing as the printer drivers to load on the computer -
> there's no problem there.
> If anyone knows where I might get hold of one I'd be grateful - requests to
> Canon drew a blank, it's been out of support for years.
> Alternatively, if anyone has one of these and would let me image their hard
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>
> Visit http://www.magpiesnestpublishing.co.uk/ for books by acclaimed
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