back to article 2002 video streaming patent holder sues Amazon and Twitch

Media solutions company BSD Crown, best known for video encoding products as well as building Android smartphones in the Noughties, has filed a lawsuit against Amazon and livestreaming offshoot Twitch, claiming the pair infringed its patent. The Israeli company, formerly known as Emblaze, previously sued both Apple and …

  1. elsergiovolador Silver badge

    Patently

    How these things are being patented?

    Anyone facing the problem would have arrived at it using common sense. Someone who merely was one of the first having to solve it should have never been granted a patent.

    The whole business of patents is basically made for the rich to profiteer and should be scrapped.

    1. Furious Reg reader John

      Re: Patently

      At least patents have a 20 year expiry date. Copyright lasts much, much longer.

      Patents usually involve lots of R&D spend. Copyright tends to be much cheaper.

      Why bother making anything new if all your competitors could then copy it without the R&D cost?

      1. elsergiovolador Silver badge

        Re: Patently

        Patents usually involve lots of R&D spend.

        Not sure how this is relevant. Any work needs R&D spend. For larger startups VCs often have as a requirement that the start up file for patents in order to get funding, solely because they hope if the adventure goes tits up, they can do some patent trolling to recoup their loses.

        There is absolutely no reason why patents should exist.

        1. Pirate Dave Silver badge

          Re: Patently

          Patents, in general, arent bad. Software patents, however, should be flushed down the toilet.

          1. elsergiovolador Silver badge

            Re: Patently

            Why? Only difference is that software is cheaper to iterate. So what you are advocating really is to protect the rich.

            1. Little Mouse
              Headmaster

              Re: Patently

              #1 Last time I looked, anyone can file a patent. You don't need to be rich.

              #2 "if the adventure goes tits up, they can do some patent trolling". It's not "patent trolling" when you defend your rights to your own IP, as per your example.

        2. Furious Reg reader John

          Re: Patently

          Why spend the R&D cash if you can just copy some other firms product?

          Why would the other firm develop the product if you are just going to copy it?

          Patents exist for a reason, and that reason is to encourage development.

          No IP protection = no reason to create any IP = no R&D = nothing new

        3. doublelayer Silver badge

          Re: Patently

          "For larger startups VCs often have as a requirement that the start up file for patents in order to get funding, solely because they hope if the adventure goes tits up, they can do some patent trolling to recoup their loses."

          There are several problems in this. The first is that it's not the reason the VCs are asking for patents. They're hoping to make money from the idea, and if someone starts to copy it, they'd like to block them. Hence their attempt to get any patentable (or not) thing patented to set up roadblocks for the competition. Sometimes that's valid because the innovation is really a new invention, sometimes the applications will either be so obviously bad that they drop it or will be rejected, and sometimes they should be rejected but aren't, but that's the motivation.

          Patent trolling is another issue. If you have a valid patent, then defending your patent rights isn't trolling. There are times when I dislike what can be done with a legitimate patent that's not being used well, but it's designed for a good reason. Trolling is a problem when the patents are invalid, but for the same reason that granting invalid patents in the first place is a problem. The solution is better oversight from the patent offices instead of approving anything.

    2. emfiliane

      Re: Patently

      While most software patents are bunkum, I don't believe you know what HLS is, if you think it's a solution anyone "would have arrived at it using common sense," or how many competing designs and protocols it eventually beat out. HTTP streaming, and streaming in general, was still an incredibly hard nut to crack that companies were bashing their heads against for at least a decade at the time, and a number of wildly differing schemes were created to try to solve it.

      Over time the field has winnowed down to RTMP and HLS because they were the best and most fully-developed technologies out of the whole field. RTMP's licensing fees were significantly higher, so HLS got a lot more popular. There's also SRT/RIST which are more recent patent-free FOSS protocols, but how far they'll go remains to be seen. (Especially since HLS goes out of patent later this year -- which I'm sure is what prompted this lawsuit.)

    3. Blackjack Silver badge

      Re: Patently

      Also this was patented in 2002, isn't this patent lasting too long?

      The Gif patent didn't last twenty years after all.

  2. Roger Kynaston

    IANAL and confused

    http is an open standard. How is it possible to have a patent on it?

    1. Killfalcon Silver badge

      Re: IANAL and confused

      They haven't patented http, they've patented a specific approach to using it to stream live video. Very short form it seems to say you upload it in fixed-length, indexed slices, so the client (with a slight lag) can pull each slice in the right order, catch up when it loses bits, and so forth. If bandwidth isn't sufficient to stream it properly, the slicing means that you get choppy video, but you do still get it.

      You can read it here.

      https://patents.google.com/patent/US6389473B1/en

      I obviously have no idea if it was evolutionary or non-obvious in 2002, but from dim recall of those ancient days video streaming wasn't a thing people did much.

      1. GruntyMcPugh Silver badge

        Re: IANAL and confused

        It was obvious in 2002. In the late 90s we (in academia) used CUseeme to live stream events, and we'd had the WWW for a while at that point, so it was obvious to include video streaming in a web browser experience. This is a variant of 'doing it on a computer', 'doing it over http' hell, did someone not patent 'selling things over http'?

        1. FIA Silver badge

          Re: IANAL and confused

          Acorn (them of the ARM fame), were trialing streaming video in the late 90s.

          Unfortunatly it was a bit ahead of it's time and around the same time that Acorn was dissolved to get out the ARM shares.

      2. This post has been deleted by its author

      3. HereIAmJH

        Re: IANAL and confused

        Very short form it seems to say you upload it in fixed-length, indexed slices, so the client (with a slight lag) can pull each slice in the right order, catch up when it loses bits, and so forth.

        Sounds like you're describing TCP.

        I would guess it more focused on this:

        Amazon.com and Twitch knew, or should have known, that the adaptive multibit rate technology of the '473 patent was foundational to the Amazon and Twitch streaming systems.

        And that is probably more related to monitoring the stream and adjusting the quality to match the available bandwidth. IE. if 720p is jittering, then drop the quality down to 480p until the network recovers.

        From the patent:

        12. A method according to claim 11, wherein downloading the sequence comprises determining a data bandwidth of the network between the server and the client computer and selecting one of the quality levels responsive to the determined bandwidth.

        And the part of me that learned the OSI model is silently crying at this sentence:

        Preferably, the one or more client computers download the encode sequence using an Internet download protocol, most preferably HTTP or alternatively, UDP or RTP.

  3. Wally Dug
    Joke

    Amazon At It Again?

    I'm sure I sent a book to someone via the postal system in the 1980s, so I think that's patently enough to sue Jeff Bezos for nicking my idea.

    1. tiggity Silver badge

      Re: Amazon At It Again?

      Not a joke but related.

      In the UK, the book "spycatcher" was banned when it came out in the '80s

      I had to order a copy from a US bookshop (IIRC BookSoup in LA) who posted it to me (they advertised in Private Eye magazine classifieds as a way of publicising themselves)

      A long time since I had to last order a physical item to discover information that was subject to censorship, now its easy to find stories of govt / govt agencies dubious practices online

  4. simonb_london

    Expired

    I did a quick search and apparently it has already expired. So does that mean that patent cases can apply to infringement retrospectively?

    https://patents.google.com/patent/US6389473B1/en

    1. Furious Reg reader John

      Re: Expired

      Not sure if there are any statutes of limitations, but they probably sent a desist letter a number of years before expiry in 2019. It is likely that was ignored, so BSD Crown have waited until the patent had run its full course, maximising the time the infringement was happening (or wasn't, depending on the outcome of the case). All because the patent has now expired doesn't alter the fact that Amazon was using the patented technology before expiry and possibly should have been paying royalties for the privilege.

  5. Randy Hudson

    "Even a cursory review of the '473 patent by Amazon and Twitch's patent counsel would have shown that..."

    ...the patent couldn't be enforced.

    FTFY

  6. TimMaher Silver badge
    Trollface

    BSD

    The name tells you all you need to know.

    1. doublelayer Silver badge

      Re: BSD

      It tells me nothing. I even looked them up to try to find an explanation of why they called it that, and I've still got nothing. Their website lists four previous names, some of which suggests they're a computer-based company, and a different page suggests they're in the food distribution business and mentions no technology products.

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