Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Shannon

Stijn Peeters wrote:

It does not hold any consequences for the final spec.
  
Of course it does, or Nokia would not have taken issue with it. When 
this comes up in the future somebody will claim 'we've been over that' 
when the issue could have been resolved now. Putting this on hold 
changes nothing except to stifle debate. What's worse is that all the 
arguments made now will have to be repeated.

I do not understand why someone would be holding HTML5 ransom over this.
  
Because they have patents and existing investment in other formats. Are 
they denying that? No. Are they obsfucating that? Yes.

HTML5 is more than video. According to the road map the final HTML5
recommendation is due in late 2010.
This is an argument for AND against changing the text. Therefore not an 
argument at all. I would say that the fact h.264 fees become due in 2010 
would be a case for discussing this now.

 There is still plenty of time to discuss
the issue and come to a reasonable solution, and while you might find
video more important than cite, cite is also something to be
discussed.
  
I didn't say it wasn't. What I said was the volume of traffic on the 
video element is proportional to its importance and therefore not a 
reason to shut down the debate.


Shannon


Re: [whatwg] Acronyms Abbreviations whatwg Digest, Vol 33, Issue 90

2007-12-14 Thread Krzysztof Żelechowski

Dnia 14-12-2007, Pt o godzinie 16:20 +0900, Karl Dubost pisze:

 Not to say that it creates localization troubles. For exactly the same  
 meaning:
 
 TV in English  = télé in French
 acronym   abbr
 
 
 And what is supposed to do an automatic translator when translating  
 something from English to Chinese for example. Drop the markup for  
 acronym in some cases? Example
 
English
abbr title=telephoneTel./abbr: +86-10-8498-5588
 
Chinese
电话: +86-10-8498-5588
 

Clearly, an automatic translator is a very sophisticated piece of
software.  It has much more complicated tasks to do than just that.  We
can reasonably expect the translator to handle this case correctly as
well.

Best regards,
Chris



Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Stijn Peeters
Shannon,

I meant that the removal of the paragraph from the spec (which was done
*after* Nokia sent its paper) does not hold any consequences. The final
content of the video specification of course does. Apologies if this was
unclear.

The volume of traffic may be proportional, but most of its content is
repeating the same arguments over and over again. I don't think this is of
any use for the debate and a more pragmatic viewpoint might be of use for
some of us. 

 This is an argument for AND against changing the text. Therefore not an 
 argument at all. I would say that the fact h.264 fees become due in 2010 
 would be a case for discussing this now.

I didn't say video should not be discussed right now, on the contrary,
like all issues it certainly should. My problem is mainly that a lot of
contributors to the mailing list are making this debate too heated for its
own good. There is time to come to a reasonable solution, and it will not be
an easy one, as Ian said. 

Simply bashing Apple/Nokia/Ian does not help here. It is not simply a matter
of reverting the spec to say Theora is the recommended format (as you seemed
to be asking for a few replies ago), as it has been stated several times
before that there are major browser vendors that will not implement this,
and HTML5 naturally seeks to be a specification that will be implemented by
as many as possible. Even though a SHOULD is not technically required for
conformance, including a SHOULD that we know beforehand won't be implemented
is of no use.

Regards,

Stijn

---Oorspronkelijk bericht-
Van: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Namens Shannon
Verzonden: vrijdag 14 december 2007 9:07
Aan: whatwg@lists.whatwg.org
Onderwerp: Re: [whatwg] The truth about Nokias claims

Stijn Peeters wrote:
 It does not hold any consequences for the final spec.
   
Of course it does, or Nokia would not have taken issue with it. When 
this comes up in the future somebody will claim 'we've been over that' 
when the issue could have been resolved now. Putting this on hold 
changes nothing except to stifle debate. What's worse is that all the 
arguments made now will have to be repeated.
 I do not understand why someone would be holding HTML5 ransom over this.
   
Because they have patents and existing investment in other formats. Are 
they denying that? No. Are they obsfucating that? Yes.
 HTML5 is more than video. According to the road map the final HTML5
 recommendation is due in late 2010.
This is an argument for AND against changing the text. Therefore not an 
argument at all. I would say that the fact h.264 fees become due in 2010 
would be a case for discussing this now.
  There is still plenty of time to discuss
 the issue and come to a reasonable solution, and while you might find
 video more important than cite, cite is also something to be
 discussed.
   
I didn't say it wasn't. What I said was the volume of traffic on the 
video element is proportional to its importance and therefore not a 
reason to shut down the debate.

Shannon



Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Dave Singer

Thank you.

I want to clarify something in what you say below.  In case it helps 
calm things down.




At 9:26  +0100 14/12/07, Stijn Peeters wrote:

Simply bashing Apple/Nokia/Ian does not help here. It is not simply a matter
of reverting the spec to say Theora is the recommended format (as you seemed
to be asking for a few replies ago), as it has been stated several times
before that there are major browser vendors that will not implement this,
and HTML5 naturally seeks to be a specification that will be implemented by
as many as possible. Even though a SHOULD is not technically required for
conformance, including a SHOULD that we know beforehand won't be implemented
is of no use.



Those browser vendors are not stating a permanent and dogmatic will 
not, AFAIK.  This is quite important.


They are saying that *given their current understanding* they do not 
think they will be to implement these codecs.  Similarly, *given the 
current licenses for mpeg codecs* they understand that they cannot be 
mandated.  *Given the quality of the old solutions with expired or no 
IPR (e.g. Motion JPEG)* they do not think that these codecs offer 
enough compression.  And so on.


For all these that are mutable, work is going on or could be done. 
On the IPR and risk question, it has been suggested that the W3C help 
with an independent, unbiased analysis, for example.


We all knew before any of this recent flood of emails that the 
open-source codecs were candidates, and had support.  The emails, 
despite their volume, have done little more than confirm this.



--
David Singer
Apple/QuickTime


Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Shannon
I've been misquoted on this list several times now so I want to make my 
position clear. I believe that the current draft, which was changed 
without open discussion, gives a green light for the status quo. The 
status quo is that Flash, Quicktime and WMV will remain the 'standards' 
for web video. I know this because I implement video on websites as a 
web developer.


What concerns me is that the removed OGG recommendation (specified as 
SHOULD rather than MUST) was a step forward to the adoption (however 
reluctantly) by corporations and governments of a set of formats that 
require no royalties to encode, decode, reverse-engineer or distribute. 
None of the status quo formats can make that claim.


Several people on this list have claimed that recommending OGG would 
have legal implications for vendors. It does not.  Those who feel 
threatened have the option to not implement it - without affecting 
compliance. In nearly all cases  the end-user would have been subject to 
the minor inconvenience of finding an alternate source of OGG support. 
What concerns me most is that the people making contrary claims know 
this yet argue anyway. Their motives and affilations, to me, are suspect.


OGG Theora is not the most compressed video format, nor is it the least. 
It is however in the public domain and at least equivalent to MP3 and 
XVID, which are both popular streaming formats. While submarine patents 
may one day undermine this there is no current evidence that OGG 
contains patented technology and there is plenty of legal opinion that 
it does not. Either way it is not possible to remove this risk 
altogether by maintaining the status quo or recommending (or demanding) 
any other format.


Supporting OGG now in no way prevents a better option (such as Matroska 
and/or Dirac) being added in the future. Nor does it prevent SHOULD 
being changed to MUST.


The loudest objectors to OGG are also, in my opinion, the most 
encumbered by commercial support for an existing licensed format. This 
is not paranoia or fandom, just observation of this list.


There is no evidence that recommending  optional OGG support will affect 
companies adoption (or not) of the rest of the HTML5 standard. We only 
have Ian's word for that and I don't believe it anyway. HTML5 is likely 
to be adopted by all major browsers (in full or in part).


MPEG2/3/4 are NOT unencumbered formats. There are too many patent 
holders for that to ever be the case. None will give up their rights 
while they remain defacto standards.


Some claim that recommending no baseline format is neutral ground. The 
amount of outrage this triggered proves that is false. The claim that we 
have not reached a decision is true (my opponents use this claim to 
support their 'neutrality'). Yet it is clear to me that NOT setting a 
standard is as influential in this case as setting one. Indecision with 
no reasonable grounds for ending it leads to the status quo as I have 
said. Is it not the purpose (and within the powers of) of a standards 
body to steer the status quo? Is it not in the public interest that this 
happens?


HTML4 advocated GIF, JPG and PNG even if the wording made it seem 
optional. The result was full support for 2 of these formats and partial 
support of the third. There is no reason to believe that putting a 
SHOULD recommendation in the text wouldn't result in most browsers 
supporting OGG (except IE). This in turn would give public, non-profit 
and non-aligned (with MPEG-LA) organizations justification to release 
materials in this format rather than Flash, WMV or MOV (all of which 
require commercial plugins and restrictive licenses).


Some claim pro-OGG supporters started this debate. It was Nokia who made 
this a headline issue.


Objectors claim they are working towards a resolution that defines a 
MUST video format and is accepted by 'all parties'. I don't believe that 
because they know this is impossible and it WILL affect HTML5 adoption. 
There is no format that can satisfy their unreasonable expectations. 
There never will be. We live in a world where companies claim patents on 
'double-clicking' and 'moving pictures on a screen'. How then can any 
format ever meet their demands?


I hope I have made my position clear. I hope my position represents the 
public interest. I am not here just to nag (I have been on this list for 
over two years and have only intervened once before). I am writing in 
the hope that proper discussion takes place and that future decisions of 
this magnitude are not made without public consultation - in the 
interests of entrenched cabals. I would like to say I believe all those 
opposing OGG have our best interests at heart - but that would be a lie. 
I am too old to believe companies and their spokespeople are altruistic 
(sorry Dave).


Shannon




Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Stijn Peeters
Shannon,

 What concerns me is that the removed OGG recommendation (specified as 
 SHOULD rather than MUST) was a step forward to the adoption (however 
 reluctantly) by corporations and governments of a set of formats that 
 require no royalties to encode, decode, reverse-engineer or distribute. 
 None of the status quo formats can make that claim.

 Several people on this list have claimed that recommending OGG would 
 have legal implications for vendors. It does not.  Those who feel 
 threatened have the option to not implement it - without affecting 
 compliance. In nearly all cases  the end-user would have been subject to 
 the minor inconvenience of finding an alternate source of OGG support. 
 What concerns me most is that the people making contrary claims know 
 this yet argue anyway. Their motives and affilations, to me, are suspect.
[...]
 Supporting OGG now in no way prevents a better option (such as Matroska 
 and/or Dirac) being added in the future. Nor does it prevent SHOULD 
 being changed to MUST.

As I said, a SHOULD requirement in the specification which will (given the
current status quo) not be followed by the major(ity of) browser vendors is
useless and should be improved so it is a recommendation which at least can
be implemented. Changing the SHOULD to MUST means that a lot of browser
vendors would not be able to develop a conforming implementation.
Governments do generally not build browsers or HTML parsers so an HTML
specification would likely not influence them much, and I believe they are
not who such a specification is aimed at.

 Some claim that recommending no baseline format is neutral ground. The 
 amount of outrage this triggered proves that is false. The claim that we 
 have not reached a decision is true (my opponents use this claim to 
 support their 'neutrality'). Yet it is clear to me that NOT setting a 
 standard is as influential in this case as setting one. Indecision with 
 no reasonable grounds for ending it leads to the status quo as I have 
 said. Is it not the purpose (and within the powers of) of a standards 
 body to steer the status quo? Is it not in the public interest that this 
 happens?

Indeed it is, which is why this issue is being discussed on this list right
now.

 HTML4 advocated GIF, JPG and PNG even if the wording made it seem 
 optional. The result was full support for 2 of these formats and partial 
 support of the third. There is no reason to believe that putting a 
 SHOULD recommendation in the text wouldn't result in most browsers 
 supporting OGG (except IE). This in turn would give public, non-profit 
 and non-aligned (with MPEG-LA) organizations justification to release 
 materials in this format rather than Flash, WMV or MOV (all of which 
 require commercial plugins and restrictive licenses).

As stated before, it did not advocate them, merely stated them as *examples*
of image formats. Your claim that HTML4 played a substantial role in
adoption of GIF and JPEG is interesting. Do you have any sources for that?
HTML4 states Examples of widely recognized image formats include GIF, JPEG,
and PNG.[1], implying those formats were already widely adopted before it
was published. This is different from what HTML5 is going to do, which is
recommending a specific format that implementations *should* support.

Regards,

Stijn

[1] http://www.w3.org/TR/REC-html40-971218/struct/objects.html#h-13.2

 Some claim pro-OGG supporters started this debate. It was Nokia who made 
 this a headline issue.

 Objectors claim they are working towards a resolution that defines a 
 MUST video format and is accepted by 'all parties'. I don't believe that 
 because they know this is impossible and it WILL affect HTML5 adoption. 
 There is no format that can satisfy their unreasonable expectations. 
 There never will be. We live in a world where companies claim patents on 
 'double-clicking' and 'moving pictures on a screen'. How then can any 
 format ever meet their demands?

 I hope I have made my position clear. I hope my position represents the 
 public interest. I am not here just to nag (I have been on this list for 
 over two years and have only intervened once before). I am writing in 
 the hope that proper discussion takes place and that future decisions of 
 this magnitude are not made without public consultation - in the 
 interests of entrenched cabals. I would like to say I believe all those 
 opposing OGG have our best interests at heart - but that would be a lie. 
 I am too old to believe companies and their spokespeople are altruistic 
 (sorry Dave).

 Shannon



Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Shannon

Stijn Peeters wrote:

As I said, a SHOULD requirement in the specification which will (given the
current status quo) not be followed by the major(ity of) browser vendors is
useless and should be improved so it is a recommendation which at least can
be implemented. Changing the SHOULD to MUST means that a lot of browser
vendors would not be able to develop a conforming implementation.
Governments do generally not build browsers or HTML parsers so an HTML
specification would likely not influence them much, and I believe they are
not who such a specification is aimed at.
  


This is a tired argument already debunked. The browsers that won't 
support OGG support plugins (and still remain HTML5 compliant). The 
recommendation will push other browsers (of which there are many) 
towards a common ground.



As stated before, it did not advocate them, merely stated them as *examples*
of image formats. Your claim that HTML4 played a substantial role in
adoption of GIF and JPEG is interesting. Do you have any sources for that?
  

Yes.
(http://www.houseofmabel.com/programs/html3/docs/img.html). I quote:

As progress increases the number of graphics types I've been asked to 
support in /HTML3/, many people are unsure as to exactly what formats 
are supported so perhaps a list is in order:


   * GIF (695, GIF)
   * PNG (B60, PNG)
   * JPEG (C85, JPEG)
   * Sprite (FF9, Sprite)
   * BMP (69C, BMP)
   * SWF (188, Flash)
   * WBMP (F8F, WBMP)

---
So which of the above became defacto web standards under HTML4? And 
there were a LOT more image formats out there. Not proof, but certainly 
evidence the spec helped narrow down the list. Even though it was 
neither a SHOULD or MUST specification they were mentioned and it seems 
to me that counts for something. So did the fact the formats in question 
were believed to be public-domain. However, I acknowledge the 
speculative nature of this as I acknowledge the speculative nature of 
your other claims (like browser manufactures not supporting OGG when the 
spec becomes final).


Shannon



Re: [whatwg] arrggghhh (or was it ogg)

2007-12-14 Thread Joseph Daniel Zukiger

--- Jim Jewett [EMAIL PROTECTED] wrote:

 Joseph Daniel Zukiger wrote:
 
  What guarantees do Apple, Nokia, et. al. offer
 that
  their corporate-blessed containers/formats/codecs
 are
  free from threat for (ergo) the rest of us?
 
 In the end, it doesn't matter what the law or the
 patent says, it
 matters how the court *interprets* that law and
 patent.  Case law for
 patents is considered particularly random. 
 Therefore, no one can --
 even in theory -- offer a guarantee.

Something which should be a very string signal to
someone in the courts and in Congress that the current
interpretations of the current patent laws have
allowed breach of the Constitutionally provided checks
and balances.

 What they can offer is a risk assessment, like
 insurance companies use
 to set rates.

Insurance companies, being at the center of the
breach, should be considered traitors to the
Constitution (or serious chumps).

 As an analogy, Apple, Nokia, et. al. won't promise
 that the bridge is
 safe to cross, but they will tell you that they (who
 are much heavier)
 have already crossed it.

Hubris? Self-delusion? 

Evidence that they are planning an ambush?

 A single hobbyist who can't afford to hire a lawyer
 is relatively
 safe, because he or she is judgment-proof -- even
 if the patent
 trolls win, they won't get their money back.

Unless the troll is Microsoft or other large OS vendor
(probably operating by wire through some relatively
unknown) looking to squelch the ability of the little
guys to act independently.

No, I am not being paranoid. (Wherefore neoSCO?)

 A large corporation may be worth shaking down,
 because they'll often
 settle even stupid cases just to avoid the costs and
 risks of legal
 fees.  Therefore, if BigCorp has already used the
 technology widely
 enough to be expensive, *and* has not been sued, it
 at least suggests
 that no trolls have any relevant patents.

A conclusion contrary to the evidence of court
activity in progress (some of which has been mentioned
in other threads), if you don't mind my saying so.

joudanzuki


  

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[whatwg] [html5] Unsubcribe me!

2007-12-14 Thread mo0n_ sniper


   
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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Shannon

Stijn Peeters wrote:

As I said, a SHOULD requirement in the specification which will (given the
current status quo) not be followed by the major(ity of) browser vendors is
useless and should be improved so it is a recommendation which at least can
be implemented. Changing the SHOULD to MUST means that a lot of browser
vendors would not be able to develop a conforming implementation.
Governments do generally not build browsers or HTML parsers so an HTML
specification would likely not influence them much, and I believe they are
not who such a specification is aimed at.

A lot has been said about the meaning of 'should'. You are not the first 
to claim 'should' is only meaningful if vendors implement it. If this is 
the case why not replace ALL references to 'should'  with 'must'?


Rhetorical question. The reason for 'should' in a standard (or draft) is 
that it reflects what we (the public, the developers and the majority) 
want but believe some vendors won't or can't  implement. It's an opt-out 
clause. According to OpenOffice it appears 329 times in the current 
draft. Hardly a useless word! All that is being discussed here is the 
desire to tell vendors they 'should' implement OGG. Apparently Nokia and 
Apple don't feel that way but are not happy to simply opt-out - they 
want EVERYBODY to opt-out. If we replaced all shoulds with musts this 
standard would never go anywhere and if we deleted all shoulds then we'd 
have even more divergence.


What really matters is that where the pros and cons balance a neutral 
vendor (one that hasn't already committed exclusively to a proprietary 
format) might be persuaded to implement a 'should' recommendation. This 
is exactly what we had before this change, and for a good reason. I have 
yet to hear a neutral vendor oppose the OGG recommendation and I would 
be saddened if they they did.


Also format wars are won by content, not encoders. Governments and 
non-profit organizations do produce content. Formats gain some advantage 
through standards support (even 'should' recommendations).


You and Dave have both accused me of 'bashing'. I think a more 
appropriate (and less violent) word would be 'pointing'. I'm pointing 
out how self-serving Apple and Nokia are. PR-wise they are, in effect, 
'bashing' themselves. Not my problem. Good luck to them and their 
entrenched monopolies right? It's their 'right' as a corporation to 
wreck standards for the benefit of their shareholders? They sound very 
reasonable, until you realise that one way or another the public will be 
paying for it.


Shannon


Re: [whatwg] Xiph.Org Statement Regarding the HTML5 Draft and the Ogg Codec Set

2007-12-14 Thread Joseph Daniel Zukiger

[...]
 One minor point of clarification; Despite the MPEG
 proponents' claims
 that MPEG-licensed codecs protect against
 liability...
 
 I don't think anyone has said this.  What we have
 said is that we 
 have already assessed the risk/benefit/cost of these
 codecs and 
 decided the benefit is worth the cost and the risk,
 as we currently 
 perceive it.  The equation is dependent on the
 technology.

You wrote the equations, I believe it would be more
forthright to say that the equations are dependent on
your interpretation of the impact of the ownership of
the tech on the marketplace.

joudanzuki


  

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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Joseph Daniel Zukiger
 [...]
 Objectors claim they are working towards a
 resolution that defines a 
 MUST video format and is accepted by 'all parties'.
 I don't believe that 
 because they know this is impossible and it WILL
 affect HTML5 adoption. 

How could a required video format be a step forward?
Unless it is iron-clad guaranteed by some authority
with greater legal competence than legislatures and
courts to be free from any patent taint at all?

 There is no format that can satisfy their
 unreasonable expectations. 
 There never will be. We live in a world where
 companies claim patents on 
 'double-clicking' and 'moving pictures on a screen'.
 How then can any 
 format ever meet their demands?
 [...]


  

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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Jeff McAdams
Stijn Peeters wrote:
 Quoting Ian, [as a codec that everyone will implement] Theora is not an
 option, since we have clear statements from multiple vendors that they will
 not implement Theora.. So, in your wording, multiple vendors will choose
 not to develop one. Writing a spec while knowing beforehand that multiple
 vendors will not implement it conformingly still sounds like a bad idea to
 me :)

That may be.  But misstating that to say that they can't implement it
heavily biases the discussion.  They can, but they choose not to.  The
implications for the spec may be similar, but they certainly aren't the
same, and it also paints everyone's actions in a very different light.
-- 
Jeff McAdams
They that can give up essential liberty to obtain a
little temporary safety deserve neither liberty nor safety.
   -- Benjamin Franklin



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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Joseph Daniel Zukiger
Seriously, Charles, what are you gaming?

--- Charles [EMAIL PROTECTED] wrote:

 Manual,
 
  Just because someone implemented it without
 permission does not
  guarantee that users or other implementors of the
 technology won't
  be driven to Chapter 11 by the patent owners, just
 as MP3 implementors
  were driven to the underground in the nineties and
 early 2000's.  
 
 Nobody has ever been driven to Chapter 11 or
 driven underground for implementing a
 standards-based encoder or decoder.
 
 I don't believe that you don't understand the
 difference between implementing and
 distributing, so I guess now you're just trolling.
  Good luck.
 
 -- Charles
 
 
 



  

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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Jeff McAdams
Stijn Peeters wrote:
 Changing the SHOULD to MUST means that a lot of browser
 vendors would not be able to develop a conforming implementation.

Again, this needs to be called out as being patently untrue.

They might *choose* not to develop a conforming implemention, but they
certainly are *able* to.
-- 
Jeff McAdams
They that can give up essential liberty to obtain a
little temporary safety deserve neither liberty nor safety.
   -- Benjamin Franklin



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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Joseph Daniel Zukiger
[...]  That's all.  You're all
 behaving as if you had 
 some toys and they've been taken away,

What do they say about the difference between the men
and the boys?

 and neither
 are true. 

Tools, toys, what's the difference?

 [...]
 Ian, as editor, was asked to do this. 

By whom?

 It was a
 reasonable 

... to some ...

 request to 
 reflect work in progress.

Progress? 

  He did not take
 unilateral action.
 
 and you haven't answered the IMPORTANT questions.
 I'll re-state:
 
 1.) Does not implementing a SHOULD recommendation
 make a browser 
 non-complaint (as far as validation goes)?
 
 Formally, no.

Then why do Nokia, Apple, and Leviathan take exception
to the recommendation? Without, as has been hammered
at, a suitable substitute?

 2.) What companies (if any) would abandon HTML5
 based on a SHOULD 
 recommendation?
 
 This is unknown.

True, and a point that keeps getting dodged. Why?

 4.) What prevents a third party plugin open-source
 from providing 
 Ogg support on Safari and Nokia browsers?
 
 Nothing, but if the spec. required the support, the
 browser makers 
 cannot claim conformance.

If the browser makers provide a plugin interface for
dropping 3rd party support in, and the spec only says
SHOULD, the job is done.

Has Steve become so much afraid of the GPL? If so,
why? What does the board of directors want that open
source prevents, other than that trip down memory lane
to the fantasy land of patronage?

 5.) Why are we waiting for ALL parties to agree
 when we all know 
 they won't? Why can't the majority have their way
 in the absence of 
 100% agreement?
 
 Because we have the time to try to find a solution
 everyone can get 
 behind. 

If there were such a solution, I suppose there might
be time enough.

We all know there isn't. 

As long as the dinosaurs in the discussion insist that
a SHOULD is a MUST.

 It's not as if we are holding final
 approval of HTML5 on 
 this issue.  There is plenty of technical work to do
 (even on the 
 video and audio tags) while we try to find the best
 solution. We 
 don't need a vote.

We didn't need this discussion, either.

 6.) How much compelling content is required before
 the draft is 
 reverted. Does Wikipeadia count as compelling?
 
 When will I stop beating my wife?  Your question has
 a false 
 assumption in it, that we are waiting for compelling
 content in order 
 to revert the draft. We're not.  We're working on
 understanding.

What understanding?

 As Ian has said, we are going in circles on this
 list, with much heat 
 and very little if any new light.  Can we stop? 

Who started it?

There are several brake levers on this train, and then
there is the option to start pulling the track. I'm
personally in favor of pulling the track, but that's
just me. I have no fondness for overloaded angle
brackets.

Who started it? Their hand is closest to the brakes.
The other option is not the brakes that this working
group wants to invoke.

 It
 is getting quite 
 tedious to hear see the same strawmen bashed on
 again and again.

Calling them strawmen doesn't make them magically lose
substance.

joudanzuki


  

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[whatwg] $$ka-ching$$

2007-12-14 Thread mo0n_ sniper
Bring Back Ogg and Theora.

How much did Microsoft bribe you?

   
-
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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Stijn Peeters
Quoting Ian, [as a codec that everyone will implement] Theora is not an
option, since we have clear statements from multiple vendors that they will
not implement Theora.. So, in your wording, multiple vendors will choose
not to develop one. Writing a spec while knowing beforehand that multiple
vendors will not implement it conformingly still sounds like a bad idea to
me :)

Regards,

Stijn
 
-Oorspronkelijk bericht-
Van: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Namens Jeff McAdams
Verzonden: vrijdag 14 december 2007 14:13
CC: whatwg@lists.whatwg.org
Onderwerp: Re: [whatwg] The truth about Nokias claims

Stijn Peeters wrote:
 Changing the SHOULD to MUST means that a lot of browser
 vendors would not be able to develop a conforming implementation.

Again, this needs to be called out as being patently untrue.

They might *choose* not to develop a conforming implemention, but they
certainly are *able* to.
-- 
Jeff McAdams
They that can give up essential liberty to obtain a
little temporary safety deserve neither liberty nor safety.
   -- Benjamin Franklin




Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Joseph Daniel Zukiger
[...]
 Indeed, the only difference is that with H.264 the
 large companies in 
 question have _already_ taken on the risk, so there
 is no additional 
 risk, 

... for the big companies ...

 whereas with Theora there are no large
 distributors today and 
 therefore patent trolls wouldn't even have
 considered coming out of the 
 woodwork yet. (Pardon my mixed metaphors.)

Just wait 'til the behemoth in Redmond has a loosely
held independent subsidiary of something not visibly
connected start making noises about how open source
software might be encumbered.

 I believe many of the points being made in the most
 recent e-mails on this 
 subject are points that have already been made many
 times.
 
 As far as I can tell, there are no satisfactory
 codecs today.

As several keep trying to point out, there can be no
satisfactory codecs, except satisfactory to certain
parties, because, we have to assume for lack of other
evidence, of backroom deals.

 [...]

joudanzuki



  

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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Geoffrey Sneddon


On 14 Dec 2007, at 07:15, Shannon wrote:



Ian, as editor, was asked to do this.  It was a reasonable request  
to reflect work in progress.  He did not take unilateral action.
Ok, not unilateral. How about 'behind closed doors?'. Why no open  
discussion BEFORE the change?


Please look back on the mailing list archives. There's been plenty of  
discussion about this before, and it's always ended up in the same  
loop: A group of people wanting nothing but Ogg/Theora/Vorbis, and  
another wanting one standard that all major implementers will support.



--
Geoffrey Sneddon
http://gsnedders.com/



Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Maik Merten
Krzysztof Żelechowski schrieb:
 Remember the - in DOCTYPE HTML?

Feel free to be more specific.


Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Shannon


Please look back on the mailing list archives. There's been plenty of 
discussion about this before, and it's always ended up in the same 
loop: A group of people wanting nothing but Ogg/Theora/Vorbis, and 
another wanting one standard that all major implementers will support.
I did, and which of these approaches was finally accepted by the 
majority (and the editor)?


a.) *Suggest* a format that is reasonably considered the only playable 
streaming format in the public domain?
b.) *Insist* on a format that is reasonably considered the only playable 
streaming format in the public domain, but will cause all non-supporting 
browsers to fail compliance?
c.) *Suggest or Insist* on a format that is obviously NOT in the public 
domain?
d.) *Suggest or Insist* on a mysterious unnamed format that doesn't 
exist, and never will?

e.) *Ignore* it and hope it goes away?

The majority wanted a.) or b.). However b.) through d.) are impractical 
(politically or technically) and e.) didn't work in HTML4 so a.) was 
added to the draft as being an acceptable, if not perfect compromise.


d.) and e.) fuel speculation of a mysterious solution that nobody can 
guarantee or even name! I'd even help develop it if I knew what is was.


The group insisting on b.) through e.) are either stalling or hopeless 
optimists. You can't invent a codec tommorow and expect it to be safe 
from patents and adopted by all vendors (especially when some of those 
vendors are also video patent holders). You can't extract an agreement 
from existing codec owners to free their rights while they stand a 
chance of cashing in. THESE THINGS ARE IMPOSSIBLE! THEY ARE NOT OPTIONS!


I would LOVE a baseline format specified as a MUST that is both 
'real-time' and 'unencumbered' (option b.) but I KNOW that won't happen 
within the timeframe of this standard. You know that won't happen. We 
all know it won't happen.


A 'should' recommendation for Ogg was chosen because it was the most 
popular, reasonable and realistic option. It was accepted (even 
temporarily), the issue was put to sleep. Then Nokia interfered, now 
we're here. What public discussion took place to revoke this prior 
consensus? Where is that archived? I've been reading this list for 2 
years and the first I heard about the revocation of the original 
preference was AFTER it happened. The w3c discussed this? Fine, I'm 
still waiting for that link and I don't understand why a decision 
apparently made on this list was revoked on (apparently) another. 
(Actually I DO understand, I was simply posing THE question that needs 
to be asked - ie, whose in charge here?)


The chosen wording was acceptable to most but it supported a format that 
wasn't obviously patented by incumbents so the incumbents reversed that 
decision off-list. Save your ire for those who deserve it, I want an 
open standard just like you. Can you say the same about Nokia, Microsoft 
or (gasp,shock,horror) Apple? Can you promise me that those who removed 
the recommendation are REALLY looking for a solution when they may gain 
from a lack of one?


I don't expect a format that ALL browsers vendors will support but I do 
expect that this working group will *recommend* the next best thing. 
Something that open-source software and plugins will handle if the 
vendors refuse. Which right now is Ogg.


Shannon


Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Krzysztof Żelechowski

Dnia 13-12-2007, Cz o godzinie 22:04 +0100, Maik Merten pisze:

 I think it all depends on definition and interpretation. If MPEG is an
 organization issuing real standards and Xiph is not... can e.g. WHATWG
 be considered to be issuing a real standard? Can individual companies
 issue standards? Is there a standard for creating standards?

Remember the - in DOCTYPE HTML?





Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Krzysztof Żelechowski

Dnia 14-12-2007, Pt o godzinie 06:58 -0800, Joseph Daniel Zukiger pisze:

 Just wait 'til the behemoth in Redmond has a loosely
 held independent subsidiary of something not visibly
 connected start making noises about how open source
 software might be encumbered.

You can distribute source software that is encumbered, and sometimes you
are required to open your source by the customer, in particular when the
government is the customer.  It is all right as long as you pay the
licence fee.

 
  I believe many of the points being made in the most
  recent e-mails on this 
  subject are points that have already been made many
  times.
  
  As far as I can tell, there are no satisfactory
  codecs today.
 
 As several keep trying to point out, there can be no
 satisfactory codecs, except satisfactory to certain
 parties, because, we have to assume for lack of other
 evidence, of backroom deals.

As several keep trying to point out, you cannot push a codec of your
liking down anyone's throat; in this sense, yes, there will be no a
priori satisfactory codecs until the Congress starts preferring prudence
to profit, which is not to expect soon IMHO.  But there may be codecs
that are satisfactory a posteriori.





Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Krzysztof Żelechowski

Dnia 14-12-2007, Pt o godzinie 23:03 +1100, Shannon pisze:
  Again, a false presumption.  This was discussed in the context of the 
  HTML WG at the W3C.  Those doors are not closed.
 
 Really? Does that mean I can claim a seat on the board? Where is this 
 discussion about a public standard made public if 
 not here? Please provide a link to these open discussions and I'll concede 
 your point (and join - it is public, and free 
 right?)

That metaphor meant the doors are not closed for OGG to come back.  I am
not a member of the WWW Consortium but the information how to join is
publicly available.  I would not expect you can join free though; the
membership gives you rights and imposes duties as usual.

 
 
  Look, I didn't request the change.  I was OK with leaving a 
  placeholder 'should' while we worked on a 'must'.  Nokia preferred 
  that the spec. indicated truthfully that work was continuing.  This 
  is hardly earth-shattering.
 
 I'm glad you didn't (and I never claimed you did) but the fact remains that 
 Nokia did. Nokia requested, Nokia got, and 
 you are defending them. When did you change your mind?
 
 I (and many others) make a reasonable request and get stonewalled. I'd like 
 to think we are working towards the same 
 goal and that we have different ways of doing it. Still, you have yet to 
 reveal the magic codec that will make this go 
 away. And yes, corporate self-interest is not earth-shattering, or relevant 
 to a public specification when workarounds 
 exist.
 
 
  You lost me.  I see no 'holding to ransom', 'caving in', or anything.
 
 Then you haven't been reading Ian's previous posts. I am certain the subtext 
 of his previous remarks was that HTML5 will 
 stall if we didn't remove the OGG recommendation. I'm certain he mentioned 
 'major companies' being the reason for the 
 change. Surely saying you won't adopt a standard because you disagree with an 
 optional part is more disruptive than my 
 questions? Besides, I really think you are too clever to misunderstand my 
 claim.

So what?

 
 
  HTML is a public standard, and at some point we will be asked to vote 
  on it.  We don't need a vote on this issue, now.  We need work done. 
  We don't need flames, either.
 
 I ask for the text to be reverted based on what appears to be public opinion 
 and common sense. An educated opinion based 
 on a lifetimes work. My questions are inflammatory only because the reason 
 for asking them is. I believe the OGG 
 recommendation IS the way forward and I believe I speak for others as well as 
 myself. I have never made this personal or 
 'flaming' other than to question a poor decision by a minority interest. I am 
 not using analogies about family members 
 to make my points. My arguments, as always are logical and supportive of 
 unencumbered standards. I don't think the 
 current draft helps that and I don't think a better option than OGG is on the 
 table (including saying that). I'm sorry 
 this ended up on /. but again I had nothing to do with it - or the 
 misinformation about OGG. If I wanted a flamewar I'd 
 go to the Starcraft forums. This is serious and I am acting as calm as can be 
 expected.
 
 Also I am a programmer. I have no objection in doing WORK to bring OGG up to 
 a standard Nokia would accept - however 
 let's be clear here - they wouldn't accept it anyway because they want H.264.

The process does not need programmers but lawyers, unless you are ready
to lock yourself in a conclave to build everything from scratch --- but
you would have little chance of succeeding then.

 
 
  Then I am clearly wasting my time.  Your understanding, approach and 
  attitude all leave a great deal to be desired.
 
 Oh please. I understand Apple has a lot at stake in the video format wars. If 
 you are wasting your time then I suppose 
 that depends on why you are here. I have never lied about my motivation for 
 requesting the draft to be reverted.
 
 
  MPEG-LA has said *absolutely nothing*.
 
 No they wouldn't. Fortunately I can read between the lines. Nokia is their 
 frontman.
 
 
  Ask Nokia;  they asked for the text to reflect reality.  You prefer 
  it reflect a false conclusion.  *There is NO CONCLUSION YET*. You 
  seem quite unable to grasp this simple fact.
 
 I am asking FOR a suggestion in the text to promote a public benefit. One 
 that was there before Nokia's self-serving 
 complaint.
 
 'Reality' is currently 'defacto' standards. defacto standards that benefit a 
 small group of companies. This is a 
 standards organisation designed to prevent that. I'm asking this organization 
 to take a stand. That is the way forward.

Not quite.  The principal goal of the organisation is to make online
content easily available to everybody; benefits and losses can only be a
side effect.

 
 
  Wonderful.  I wish your understanding matched your altruism.
 
 It does. Again you insult my intelligence, while accusing me of 'flaming'. 
 What is to misunderstand? The more poignant 

Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Shannon


Again, a false presumption.  This was discussed in the context of the 
HTML WG at the W3C.  Those doors are not closed.
  
Really? Does that mean I can claim a seat on the board? Where is this discussion about a public standard made public if 
not here? Please provide a link to these open discussions and I'll concede your point (and join - it is public, and free 
right?)

Ok so I found the other list ([EMAIL PROTECTED]). Nokia state their 
reasons and clearly it was discussed (at Cambridge apparently)  but why 
two lists for one standard?



Shannon


Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Maciej Stachowiak


On Dec 14, 2007, at 6:27 AM, Shannon wrote:

Rhetorical question. The reason for 'should' in a standard (or  
draft) is that it reflects what we (the public, the developers and  
the majority) want but believe some vendors won't or can't   
implement. It's an opt-out clause. According to OpenOffice it  
appears 329 times in the current draft. Hardly a useless word! All  
that is being discussed here is the desire to tell vendors they  
'should' implement OGG. Apparently Nokia and Apple don't feel that  
way but are not happy to simply opt-out - they want EVERYBODY to opt- 
out.


Corrections to this:

1) Apple representatives have stated that we are ok with the SHOULD  
clause remaining. (We do think it is better to remove it for now but  
we can live with it either way).


2) At the same time we are driving work to find a codec that could  
meet the qualifications to be a MUST (which may or may not end up  
being Ogg Theora but will certainly be royalty-free).


3) Absence of a SHOULD clause doesn't force anyone to opt out of  
implementing Ogg Theora. Those vendors that wish to do so remain free  
to implement Theora or any other codec. I don't think Mozilla or Opera  
will back off of their plans to do so.


You and Dave have both accused me of 'bashing'. I think a more  
appropriate (and less violent) word would be 'pointing'. I'm  
pointing out how self-serving Apple and Nokia are.


Apple's goals are:

1) We don't want to significantly increase our risk of being sued for  
possibly billions of dollars.
2) We want to find a codec that everyone can implement (including open  
source implementations) which does not create the risk in #1.


You could argue that #1 is self-serving, since it is a risk that  
largely does not affect smaller corporations or individuals. However,  
I think it is a reasonable concern. And we are doing something  
constructive about it by working towards #2. The W3C will be  
coordinating further work to review available codecs.



Regards,
Maciej



Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Håkon Wium Lie
Also sprach Maciej Stachowiak:

  1) Apple representatives have stated that we are ok with the SHOULD  
  clause remaining.

Thanks for clarifying this. Does this mean there is only one member
who can't live with the SHOULD? If this is the case, I think the
chairs should declare rough consensus and put the wording back in. 

That will restore faith in HTML5 for many.

-hkon
  Håkon Wium Lie  CTO °þe®ª
[EMAIL PROTECTED]  http://people.opera.com/howcome



Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Joseph Daniel Zukiger

--- Ian Hickson [EMAIL PROTECTED] wrote:

 
 I'd like to thank everyone for their continued
 polite participation 

:)

Politeness is not always the way to move a
conversation forward.

 [...]
  3. Are you saying something that will just be
 denied, without leading us 
 to resolve the issue? If yes, please omit that
 part of your e-mail.

After a little sleep, a suggestion occurs to me. (I
have not read all the subthreads, maybe it has been
made already, if so, mea culpa.)

I'm not really sure whether it makes sense to name a
recommended codec as a baseline, rather than as an
example. 

In an ideal world, it would make sense. Or, rather, if
we knew that Apple (and others?) would at least be
willing to open their phones to 3rd party codecs.
(Yes, the third party codecs can be built, if the API
for the container is truly open.)

Nokia has stood up for a certain (informal? I don't
remember.) consortium against ogg. They are insisting
on balkanization, which is a modern word meaning
patronage. (Pardon my strong language. Patronage was a
central part of the system that generated the Boston
Tea Party, as one might recall. We, that is, those of
us who inherit from the Magna Carta, have been here
before.)

The standard, therefore could present ogg as an
example of the sort of open container that would be
standard compliant, and recommend it as a conditional
best practice. It could require an open, documented
API sufficient for 3rd parties to implement against. 

Plugins? My memory of the ascension of Flash was that
I sure had to go find and load plugins for it on a lot
of the platforms on which I worked in the mid-late
'90s. 

3rd party plugins can be a solution.

(Sorry about the strong language, but, yes, I do
believe the information technology industry is the
current battleground where the question of freedom for
the future is being fought, and I don't believe all
the players are fully aware of the consequences of the
roads they are choosing. That is, I am willing to
believe Steve Balmer has bitten the snake, but others
I would prefer to be less cynical about, including the
other Steve.)

joudanzuki


  

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Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Maciej Stachowiak


On Dec 14, 2007, at 3:26 PM, Håkon Wium Lie wrote:


Also sprach Maciej Stachowiak:


1) Apple representatives have stated that we are ok with the SHOULD
clause remaining.


Thanks for clarifying this. Does this mean there is only one member
who can't live with the SHOULD? If this is the case, I think the
chairs should declare rough consensus and put the wording back in.


I don't think Ian removed the SHOULD solely because of the specific  
request to remove it, but rather because it does not represent a  
consensus on a baseline codec and is unhelpful to finding a consensus.  
In particular, it does not appear that presence or absence of the  
SHOULD clause would have any effect on any vendor's decision to  
implement Ogg, in the present environment.


I think this reasoning is valid and I don't see how putting the clause  
back would help anything. What would help is participating in the  
W3C's codec evaluation and research efforts (which I believe are  
getting underway as a result of the video workshop).


Regards,
Maciej




Re: [whatwg] Patent on VP3 / Apple

2007-12-14 Thread Ivo Emanuel Gonçalves
On Dec 14, 2007 2:22 AM, Dave Singer [EMAIL PROTECTED] wrote:
 We are not trying to be obstructive  but rather the
 reverse.  We want a solution which is effective and we are willing to
 work to that end, but some things are probably better done at arm's
 length or by a neutral party.

Mr. Singer, are you perhaps in a position to state if Apple may
embrace Theora as the baseline codec for video if Theora does come
out clean after a patent search by an independent entity?


-Ivo


Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Ian Hickson
On Fri, 14 Dec 2007, Joseph Daniel Zukiger wrote:
 
 Or, rather, if we knew that Apple (and others?) would at least be 
 willing to open their phones to 3rd party codecs. (Yes, the third party 
 codecs can be built, if the API for the container is truly open.)

This already exists -- there have been reports even in this thread of Ogg 
Theora plugins working with Apple's video implementation.

This doesn't help with closed systems (e.g. iPhone), and it isn't an ideal 
situation -- we'd _like_ to be in a position where all players can 
implement the same thing without relying on third parties.

Failing that, though, it is true that third party codecs can be the way to 
a solution.


 After a little sleep, a suggestion occurs to me. (I have not read all 
 the subthreads, maybe it has been made already, if so, mea culpa.)

Incidentally, I must encourage everyone to read all the messages before 
posting. If you don't think everyone else's messages are worth reading, 
why should they consider yours worth reading? :-)

-- 
Ian Hickson   U+1047E)\._.,--,'``.fL
http://ln.hixie.ch/   U+263A/,   _.. \   _\  ;`._ ,.
Things that are impossible just take longer.   `._.-(,_..'--(,_..'`-.;.'


Re: [whatwg] Patent on VP3 / Apple

2007-12-14 Thread Dave Singer

At 0:32  + 15/12/07, Ivo Emanuel Gonçalves wrote:

On Dec 14, 2007 2:22 AM, Dave Singer [EMAIL PROTECTED] wrote:

 We are not trying to be obstructive  but rather the
 reverse.  We want a solution which is effective and we are willing to
 work to that end, but some things are probably better done at arm's
 length or by a neutral party.


Mr. Singer, are you perhaps in a position to state if Apple may
embrace Theora as the baseline codec for video if Theora does come
out clean after a patent search by an independent entity?


No, I am alas not in a position to make promises 
on behalf of Apple.  I can only say what I am 
doing, which is working on this issue quite hard. 
I do believe that at least some of the underlying 
causes (of the current inability to reach 
consensus) can be ameliorated with some hard work 
and research, that's all.

--
David Singer
Apple/QuickTime


[whatwg] (non-)continued discussion of codecs

2007-12-14 Thread Dave Singer

Friends

I am dropping conversing on this subject on this list, unless 
something new happens.  As I said before, I would prefer to work to 
resolve the underlying questions and concerns that make this an open 
issue in the first place (e.g. what is the risk in the open-source 
codecs?, is there a codec for which the patent-owners are willing 
to give an RF grant?, and so on).


I, and I think my colleagues, firmly believe that we should work on a 
quality specification that can be broadly implemented and achieve 
excellent interoperability.


Far too much of this discussion is based on misunderstandings, 
imputed motivations, or strawman positions.  It simply is not an 
effective use of my time, or indeed of the time of anyone on this 
list, to continue to refute the same misunderstandings, dismantle the 
same strawmen, or correct the same imputations, time and time and 
time again.


For the last time from me:  there was no 'decision' to (only) 
recommend a codec set, or that the codec set was the Ogg set.  There 
was (more recently) no 'decision' to exclude that set either.  There 
is continued work to find a solution that reaches consensus.


You can help find this solution.

You can continue to repeat the same argments here.

You can stop prolonging a basically non-progressing discussion and 
stop posting emails here.


Please choose wisely.

Thanks.
--
David Singer
Apple/QuickTime


[whatwg] The political and legal status of WHATWG

2007-12-14 Thread Shannon
Ian, thank you for your answers re: video codecs. I agree with you now 
that everything that needs to said has been said regarding the change 
itself and I think most parties have made it clear how they feel and 
what they hope will resolve it.


It's clear the opinions of all parties cannot be reconciled. The current 
text has not reconciled the views, nor did the previous, nor can a 
future one. It doesn't take a genius to figure out that this will not 
end well. I am quite certain the issue at stake here cannot be solved at 
the technical or legal level at all. This is truly a political/financial 
matter. Which brings us to the hard questions at the crux of the matter:


1.) When a browser vendor acts clearly outside of the public interest in 
the making of a public standard should that vendors desires still be 
considered relevant to the specification?
2.) When an issue is divided between a vendor (or group of) and 'the 
public' (or part of), what relative weight can be assigned to each?
3.) When a vendor makes false or misleading statements to guide an 
outcome should there be a form of 'censure' that does not involve a 
public flame war?
4.) If the purpose of the group is to build interoperability should a 
vendor be 'censured' for holding interoperability to ransom without 
sufficient technical or legal grounds?
5.) What methods exists to define a disruptive member and remove them 
from further consideration?
6.) Should a standards body make a ruling even though some members claim 
they won't obey it?

7.) Should a standards body bow to entrenched interests to keep the peace?
8.) Does the WHATWG consider itself to be a formal standards body?
9.) Should HTML5 be put back under direct control of the w3c now that 
they have expressed interest in developing it?
10.) Is is appropriate for members to have discussions outside of this 
list, via IM, IRC or physical means not available or practical to the 
public?
11.) Does the group consider HTML5 to be a 'public standard' or a 
'gentlemen's agreement' between vendors?
12.) Is it even legal for the majority of commercial browsers to form 
any agreement that could (directly or indirectly) result in higher costs 
for end-users? How do you prevent a 'working group' from becoming a cartel?



These are not questions that anybody can easily answer. Some have 
probably been answered in this list but not, at least to my reading of 
it, in the charter, the wiki or the FAQ (none appear legally binding in 
any case). It is possible the lack of clear answers in an obvious place 
may threaten the impartiality and purpose of this group, damage your 
public image and inflame debate. I believe the reason for much of the 
'heat' over the video codec is due to all parties (including 
non-members) coming up with their own answers in the absence of a formal 
position. That and a lot of mistrust regarding members corporate priorities.


I've read the charter but it doesn't define many rules. The w3c has 
rules but my understanding is that WHATWG is not a formal part of w3c 
(even if some members are).


Public acceptance of the standard may not, in practical terms, be as 
important as vendor acceptance (to vendors at least) but since the 
public is, in many ways, doing much of the vendors work for them it 
would beneficial to have a clearer statement of how these contributions 
are weighed. To cite a theoretical example: if some altruistic 
billionairre was to write the 'missing codec' that exceeded h.264 in 
compression, used 64k of ram, ran on a 386 using 50 lines of code and he 
or she paid off all the trolls and indemnified vendors - what actions, 
if any, would WHATWG members take to ensure it was accepted by members 
with vested interests?


If that last theoretical question cannot be answered then what hope have 
we for a baseline video format?


If answers to the above questions exist then please don't just answer 
them here. Anything short of a formal document on the WHATWG can't 
possibly represent the group as a whole and is just going to be raised 
again anyway. In other words the mailling list is not the best place to 
archive these answers (if any are forthcoming).


Shannon


[whatwg] public-html list

2007-12-14 Thread Shannon

Ian Hickson wrote:

On Sat, 15 Dec 2007, Shannon wrote:
  
Ok so I found the other list ([EMAIL PROTECTED]). Nokia state their 
reasons and clearly it was discussed (at Cambridge apparently)  but why 
two lists for one standard?



Historical reasons -- the W3C initially wasn't interested in doing HTML5, 
so we started in the WHATWG (back in 2004), but earlier this year the W3C 
decided to also work on HTML5 and adopted the WHATWG spec, and now the two 
groups work together on the same spec.


  
I imagine this must generate a lot of cross-posting and confusion. Are 
there plans to merge the groups? Which group has authority in the event 
of a dispute or is that unknown?

My spider-senses tell me we're going to end up with 2 HTML5's.

Shannon


Re: [whatwg] The truth about Nokias claims

2007-12-14 Thread Joseph Daniel Zukiger
--- Ian Hickson [EMAIL PROTECTED] wrote:

 On Fri, 14 Dec 2007, Joseph Daniel Zukiger wrote:
  
  Or, rather, if we knew that Apple (and others?)
 would at least be 
  willing to open their phones 

I think I said phones there?

  to 3rd party codecs.
 (Yes, the third party 
  codecs can be built, if the API for the container
 is truly open.)
 
 This already exists -- there have been reports even
 in this thread of Ogg 
 Theora plugins working with Apple's video
 implementation.

Which is part of the reason the independent developers
feel antagonized, I'd guess.

 This doesn't help with closed systems (e.g. iPhone),

No news would be bad news, in this case. (But the
notes from Dave and, I think, Macie, clarifying
Apple's position are appreciated.)

 and it isn't an ideal 
 situation -- we'd _like_ to be in a position where
 all players can 
 implement the same thing without relying on third
 parties.

Flash survived a fairly long time while support in
browsers was hit and miss. I distinctly recall having
to download plugins for Shockwave, for instance (not
to mention early versions of Flash, itself) and I
_was_ working on MSWindows and Mac workstations at the
time.

 Failing that, though, it is true that third party
 codecs can be the way to 
 a solution.

It looks to me like the only solution as long as Nokia
and whoever else insist on not being invited to the
dance.

  After a little sleep, a suggestion occurs to me.
 (I have not read all 
  the subthreads, maybe it has been made already, if
 so, mea culpa.)
 
 Incidentally, I must encourage everyone to read all
 the messages before 
 posting. If you don't think everyone else's messages
 are worth reading, 
 why should they consider yours worth reading? :-)

I don't know. After reading about 150 messages from
the various branches of this debate from the last
month or so, my eyes glazed over, I got a headache, I
decided I wanted some sleep, I had to go to work the
next day, you know, meetings with teachers and such.

If it makes you feel any better, I just finished
reading the remaining 51 messages from the list that I
hadn't read since the twelfth. 

There is a limit to how much homework you can ask of
people (which is something that someone needs to
convince the US Congress and patent office about).

Besides, it (still) seems to me that those who are
supporting Nokia's, et. al.'s positions keep dancing
around the problems, with idealistic hopes that big
money will resolve the issue painlessly.

And, yes, it does seem to me that I never saw anyone
make the exact suggestion I made, and I think everyone
is getting hung up in precisely that lack of
precision.

Has someone made the precise suggestion I made?
Specifically:

(1) Require (MUST) a container/codec not known to be
encumbered for the video tag.

(2) Require an open plugin API for the browser, so
that 3rd-party implementations can be dropped in, and
allow the requirement of (1) to be met by a third
party plugin.

(3) Mention Ogg as an example of container/codecs
which are not presently known to be encumbered.

I guess I can see a problem with that if it turns out
that someone can make ogg appear to be encumbered. So
it would probably need 

(4) Allow the requirement of (1) to be waived, or
commuted to the next best thing available under RAND
terms in the event that there are no implementations
not known to be encumbered.

(Not known to be encumbered is possible. Known not to
be Encumbered is not, and it would be difficult to
require some specific degree of certainty about
encumbrances without forcing implementors to pay some
sort of very large bond, or to fund the research at a
level which would be way out of reach for your local
independent web monkey. (Hopefully, those who are
doing the research on Ogg now will share their results
so that the work doesn't have to be duplicated too
very often.)

I want to say this again, but reading these threads,
I'm pretty sure Nokia (or some faction among their
share-holders) is just engaging in a chest-beating
exercise to see how much they can get the standard to
give in what they might think is their direction. 

(Bad business, but there never seems to be any
shortage of share-holders that think the market should
be forced or played to their momentary profit.)

joudanzuki

PS: 
(5) Take this issue to the US Congress to explain how
strong IP laws actually do interfere with
innovation by anyone but 800 ton^H^H^H pound gorillas.


  

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Re: [whatwg] The political and legal status of WHATWG

2007-12-14 Thread Charles
 It's clear the opinions of all parties cannot be reconciled.

Of course, but they don't have to be because the requirements for the
solution are clear, and I believe Ian and others have stated them several
times now.

For example, it's clear that AVC/H.264 cannot be part of the solution, and
folks who share the opinion that it should be will be disappointed.

In case you haven't had a chance to read Ian's note in a different thread,
one of the requests to help improve the signal-to-noise ratio was Does this
help move the issue forward? If no, please omit that part of your e-mail.

-- Charles




Re: [whatwg] The political and legal status of WHATWG

2007-12-14 Thread Shannon



It's clear the opinions of all parties cannot be reconciled.


Of course, but they don't have to be because the requirements for the
solution are clear, and I believe Ian and others have stated them several
times now.


Yes, requirements that CANNOT be met. Ever. Period.

The current placeholder text proposes two main conditions that are 
expected to be met before vendors will 'move forward' and 'progress' 
will happen. It isn't a rule but there is certainly an implication that 
leaves a lot to be desired:


a.) We need a codec that is known to not require per-unit or 
per-distributor licensing, that is compatible with the open source 
development model, that is of sufficient quality as to be usable.

b.) That is not an additional submarine patent risk for large companies.

The first statement is reasonable, however I personally know of only 1 
video codec (Theora) , and 2 audio codecs (Vorbis and FLAC) that meet it.
The second statement, combined with the first is a logical trap (a 
paradox). All vendors who do not *currently* support the chosen format 
will incur 'an additional submarine patent risk'.


Can you see the trap? The ONLY way to meet the second requirement is to 
*currently* meet the first. If all the whatwg members already did that 
then this wouldn't be a issue. Those claiming to want a better codec 
cannot possibly implement it and meet the second requirement. If it 
doesn't exist then how can it NOT be an additional patent risk?


You can't state an IMPOSSIBLE condition as a method for 'moving forward' 
and then expect people to take your claims seriously.


Shannon