Saying goodbye to FFmpegKit

1) You patent something, but don't do anything with it except enforce the patent.

2) You patent something, but the only thing you do with it is license others to use it, potentially hiring someone else to manage the licenses but you retain ownership.

3) You patent something, you sell the patent to someone else to do 2)

Cases 1 and 3 have significant negative effects on both technology and society that the law should prevent. Case 2 covers your brilliant new invention but don't bring it to market yourself and is fine.

The key notion here is that you cannot sell intellectual property. It's ephemeral. You can license it and create all sorts of creative license terms, but once you're dead or the timeline of exclusive rights runs out, or you personally stop "using" it (or all companies stop using it), the patent effectively expires because you can't claim damages if you or your license holders have not seen any negative impacts.

In a perfect world, "defensive" patent strategies and rent-seeking by middlemen would be prevented by construction. This maximizes the incentive to innovate and share ideas, instead of bottling them up. If you want true, exclusive rights to something, don't share it in a patent.

Any software you write, or even run, may or may not infringe some half-assed patent, and you will never know until the troll wielding it and deliberately trying to keep it hidden, pounces on you, usually demanding money, threatening to use their government-backed exclusive rights to their "invention" so you either pay what they ask, do what they ask, or they sue you for infringement and sometimes win. Larger companies have large troves of patents and they really don't care what's in them, they care that they have lots and you don't, and they can use them to crush you in court unless you give in to whatever they demand.

Some companies you know of may already have given in, and may already be paying licensing fees to patent holders. It sickens me.

I'm not suggesting, I'm telling you there is an entity, formerly MPEG-LA, now Via Licensing Corp, who maintain a pool of patents that supposedly claim exclusive rights to aspects of some of the video codecs implemented in FFMPEG.

If they hear you're making money, and you use video codecs -- ffmpeg's implementation or otherwise -- they may come to shake you down. They get to pick and choose who they accuse of patent infringement. They can do it at any time (before the expiry of the last patent in the pool). They can do it at the point where they'll have maximum leverage over you. Software patents give them that opportunity.

Should they get in touch with you, your response should be made in consultation with qualified lawyers.

https://ffmpeg.org/legal.html

> Q: Bottom line: Should I be worried about patent issues if I use FFmpeg?

> A: Are you a private user working with FFmpeg for your own personal purposes? If so, there is remarkably little reason to be concerned. Are you using FFmpeg in a commercial software product? Read on to the next question...

> Q: Is it perfectly alright to incorporate the whole FFmpeg core into my own commercial product?

> A: You might have a problem here. There have been cases where companies have used FFmpeg in their products. These companies found out that once you start trying to make money from patented technologies, the owners of the patents will come after their licensing fees. Notably, MPEG LA is vigilant and diligent about collecting for MPEG-related technologies.