Earlier quoted context omitted.
France was one of the first countries in Europe to ban software patents, in 1968. France is also a party to the European Patent Convention, which specifically states that programs for computers are not patentable. https://en.wikipedia.org/wiki/Software_patents_under_the_Eur... Software patents are mainly a US-only thing.
There are over 300 French patents in the H.264 license pool, and the very first one looks like a software patent to me, and I suspect most of the rest are the software patents that you confidently claim don't exist.
Saying goodbye to FFmpegKit
51–60 of 99 posts
Re: Saying goodbye to FFmpegKit
#52Earlier quoted context omitted.
As an artist, this sort of shit makes me apoplectic. I’m frustrated that society has no way to compensate people that do creative work for a living other than the same mechanism that virii like this extract money from other people’s work using a paper turnstile and heavy penalties for violations. And between the two kinds of entities, only one realistically even has the significant resources needed to engage the mech…
> I’m frustrated that society has no way to compensate people that do creative work for a living other than the same mechanism that virii like this extract money from other people’s work using a paper turnstile and heavy penalties for violations. Steam, YouTube, Instagram, Patreon, BandCamp, commissions... The creator economy is booming and is on the rise. I've seen some metrics say it's got a 40% CAGR. MrBeast, Psyc…
It's enormously disingenuous to compare the rise of hucksters like this to artists or creative professionals.
Further - gaming has just seen the greatest layoffs in history, as all the major studios and publishers attempt to reduce costs and leverage 'AI', since the games as a service model is winner takes all. Independent film is all but dead since the franchise film has taken the box office. And music, are you kidding? Spotify has so cucked musicians that it's actively replacing them with AI generated mush, trained on their work, and the economic disparity is so great there's nothing they can do about it - https://www.fastcompany.com/91170296/spotify-ai-music
Re: Saying goodbye to FFmpegKit
#53[flagged]
I had never used ffmpeg kit but it linked to their GitHub in the first sentence and I could quick grasp what it was from a ton of context clues. I had played with ffmpeg about 20 years ago. So kinda had some idea it was related to video, if I didn’t know that already, the “mpeg” part is a giveaway. But really I’m not interested in codecs or whatever, I am interested in the business/legal parts of software and that’s what they wrote about and got into it quickly which i appreciated.
Anyways, you seem to have an unpopular opinion that you don’t even practice yourself is my main criticism here.
Re: Saying goodbye to FFmpegKit
#54Ah, it's MPEG-LA again, the reason why we can't have nice things.
Re: Saying goodbye to FFmpegKit
#55Earlier quoted context omitted.
> all made brands for themselves Ah there's the magic word! You shouldn't have to be a "brand"... the people you listed are not who I would call "independent". Capitalism is the root of evil to all this. Sorry.
Every single indie band I like is a brand. Pardon my French, but get the stick out of your eye and lighten up a little bit about this. Not everything should be "kumbaya, my lord" neighborhood arts and crafts, string beads, hillbilly woodworking, or stay at home mom Etsy finds. You can enjoy things that have their own distinctive brand identity. Where the artist becomes inseparable from the art. Web comics, their own…
because they have to be.
> Not everything should be "kumbaya, my lord" neighborhood arts and crafts, string beads, hillbilly woodworking, or stay at home mom Etsy finds.
False dichotomy.
The commenter is not bemoaning that it is impossible to make a living as a creative (though it is difficult); they are bemoaning that the mechanisms of enforcing, in law, that what is yours is yours requires a substantial amount of capital and legal expertise. If Ubisoft, for example, were to steal the IP of an indie developer and integrate it into their own game, is there a realistic path for that developer to take to get the dividends of their creation from Ubisoft? Yes, technically. But how much money, time, and work will it take? And how can it possibly be fair, when Ubisoft has an entire legal division at their disposal who's job it is to make sure they don't have to pay, and the indie developer has to take time away from their job to do all of the same things?
Re: Saying goodbye to FFmpegKit
#56Earlier quoted context omitted.
I'm no lawyer but I feel like a company shouldn't have standing to contest a patent if they can't demonstrate damages, like a product losing sales because someone else is selling a competing product using technology under their patent. And "we paid for something and want ROI" are not damages. There's no legal right to profit from an investment. You gotta use it or lose it.
In this case though, licensing their code is their use of the product. Don't let your ire of patent trolls lump everyone together. I'm not saying MPEG/Via-LA are angels, but they own rights to code that is used by millions while holding active licenses with people using that code.
Normally you can't win a lawsuit without proving damages. My overarching point is that buying IP with no intent to use it does not create damages when someone infringes it. And relicensing IP is not "using" the IP to me - you either use it, or lose it. Unless of course, you're the original author (and by author, I mean the humans, not businesses that paid them)
The point of IP laws is to protect creators and encourage development. When the resulting markets do the opposite you have to ask if the design of those laws is flawed, and I really believe that.
Re: Saying goodbye to FFmpegKit
#57Earlier quoted context omitted.
As an artist, this sort of shit makes me apoplectic. I’m frustrated that society has no way to compensate people that do creative work for a living other than the same mechanism that virii like this extract money from other people’s work using a paper turnstile and heavy penalties for violations. And between the two kinds of entities, only one realistically even has the significant resources needed to engage the mech…
> I’m frustrated that society has no way to compensate people that do creative work for a living other than the same mechanism that virii like this extract money from other people’s work using a paper turnstile and heavy penalties for violations. Steam, YouTube, Instagram, Patreon, BandCamp, commissions... The creator economy is booming and is on the rise. I've seen some metrics say it's got a 40% CAGR. MrBeast, Psyc…
The other direct-sell platforms you referenced have already been flooded by people bulk-creating AI knock-offs. The giant slop hose has already won the race to the bottom making it nearly impossible for people that aren’t already established to get started. It’s most obvious in stock photo markets, but in music, some of the creation tools specifically advertise generating output to avoid triggering copyright scanners.
And no, you can’t just go grab a job at the big studios because a) a lot of them are using, or assuming they’ll soon be able to effectively use, the same AI tools that everyone else is based in other peoples labor and eliminating FTEs, b) since so many commercial artists have been displaced by tech companies essentially selling their work, everybody— including former freelancers and indies— is shooting for the same dwindling set of jobs, and c) nobody in those industries is leaving their jobs because they know it might be the end of their career if they do.
I don’t expect you to understand the markets outside of your area of expertise, but I would appreciate your being less patronizing while you attempt to explain my career to me.
Re: Saying goodbye to FFmpegKit
#58Earlier quoted context omitted.
I'm no lawyer but I feel like a company shouldn't have standing to contest a patent if they can't demonstrate damages, like a product losing sales because someone else is selling a competing product using technology under their patent. And "we paid for something and want ROI" are not damages. There's no legal right to profit from an investment. You gotta use it or lose it.
Unfortunately, patent rights are quite literally the right to exclude others from doing things. That's it. Patent owners don't even have the right to make the invention themselves (because it may infringe on other patents). So your problem is fairly foundational.
Re: Saying goodbye to FFmpegKit
#59The project had become a time sink, I get it. But that's exactly why OSS is a "What You See Is What You Get".
Normally I'd encourage any OSS maintainer in this position to just announce their intentions and let the community (as small as it might be) decide to either inherit maintenance and development of the project, or let it languish. I don't see any reason to close the repos so dramatically, depriving potential future readers of reaching the source code and improving upon it, as is the spirit of OSS.
The project had also become an actual cost, getting to the point of hiring contractors to make releases and please users (who would most probably have been unwilling to pay for that themselves, as my experience tells me most FOSS users are just freeloaders with no intention at all of supporting the project in any way or means). Well, what can I say, this conversation appears from time to time in HN. OSS maintainers need to have that special kind of ability to say "No" or even "I don't care" because otherwise the project (and its users) tend to absorb the author's attention, goodwill, wallet, and enthusiasm. It's very healthy, as a maintainer, to be able to ruthlessly point to the License file whenever someone complains and even _requires_ attention. The "Provided on an AS-IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND" phrase is wonderful.
I understand the author. The feeling of attachment and goodwill, the desire to show the highest attention to detail and quality support for a project is always there. We all experience it. But it's important to remember at all times that OSS is just an act of generosity to the universe, it cannot become a self-induced hell.
Why #2: legal concerns around potential litigations.
Yeah, I know it myself too: distributing FFmpeg binaries can be a legal risk if some codecs were enabled in the build.
Still no reason to shut everything down... or is it? My gut instinct for this is to "just" (I know, not a trivial change, but not astronomically complicated either) change to a "provide your own FFmpeg executable, please" model. Then, proceed with abandoning the project, as per the previous point.
Or just move everything to an anonymous Chinese Git provider.. and forget about receiving legal threats in there (just half-joking!)
Re: Saying goodbye to FFmpegKit
#60Earlier quoted context omitted.
France was one of the first countries in Europe to ban software patents, in 1968. France is also a party to the European Patent Convention, which specifically states that programs for computers are not patentable. https://en.wikipedia.org/wiki/Software_patents_under_the_Eur... Software patents are mainly a US-only thing.
Which is why you always present your patent as if it were a mechanical machine. Then in court you need to prove how their mechanism of instructions for a general purpose solver(software) is the same as your patent mechanism. This is sort of a half-joke, But honestly I would not have a problem with software patents if they had to be filed in this manner. The problem I have is with patents that are "existing device (on…
Sure. But if it's software: fuck off and use copyright. If people copy you, you're injured, you can show they copied you and obtain damages/injunctions. But if you want monopoly control over an idea, no matter who else comes up with it... that's rent-seeking.
Patents don't offer monopolies for fun, they're supposed to advance society by offering incentives for disclosure. The amount of incentive, and the likelyhood of non-disclosure was very different in the past, it certainly doesn't fit for computer software, so soceity shouldn't continue to offer that pact for computer software.