> They still gain in other ways by having h.264 as the standard, ie they get 
> larger payments from companies that distribute a lot of >video, sell video, 
> make hardware & software that encodes & decodes, etc etc. The end user or 
> small creator still ends up paying in >the form of a small chunk of the cost 
> of things they buy, or a small percentage of the cut that the video 
> host/distributor takes, but if >done right its such a small amount that 
> hardly anyone notices, and those who dont have the means of paying are not 
> chased by the >brain police or completely locked out of the online video 
> revolution.

Yes, someone just watching video online or editing with commercial
software will see no change.
But if we wanted to create our own video editing software or
transcoder, we would have to pay licensing fees to use H264. If H264
is the default standard, then any grassroots solution will necessarily
be "illegal".

This is why Firefox is pushing for Ogg/Theora to be widely adopted
since they cannot afford to pay a licensing fee for each Firefox
install. This is also why awesome video projects like
http://www.videolan.org/vlc/ are created by somewhat shadow groups who
put plenty of blood, sweat and tears into their projects...but cannot
really by public about it. If H264 is the standard then it cuts out
any player who cant pay.

At the same time, the creators of H264 have every right to insist on
payment for their team of engineers who create a beautiful codec. Just
like a pharmaceutical company has every moral right to charge for
medicine they research and produce.

It's also like Microsoft's Internet Explorer. For a while it was the
default browser because they pushed it onto all computers that were
bought with Windows. The browser was free to the user, right? Who
cares? Defacto standard. Of course we learned that a closed browser
stifled innovation and added cost onto the cost of each computer
bought. It took quite a battle legally and technically to get people
to undestand that "OHHHH! if the browser is open, then thousands of
developers will extend its usability, and make it all much cooler."
And in order for this to happen, there cannot be a fee to play.

> Will be interesting to see what Mozilla do with firefox, and the youtube 
> html5 test and ipad have stirred up a heck of a lot of online >discussion 
> about these issues recently, time will tell if this leads to anything useful 
> or remains mostly hot air.

Yeah, its good for H264 to extend their freeness till 2016 since they
can continue to get inside of all devices. But it also gives Mozilla,
google, and others time to develop an alternative codec if they so
choose.

Jay

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http://momentshowing.net
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