FC: Request for help in European MP3 patent litigation

From: Declan McCullagh (declanat_private)
Date: Wed Jul 16 2003 - 21:19:15 PDT

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    Date: Wed, 16 Jul 2003 01:57:34 +0200
    From: chefren <chefrenat_private>
    To: declanat_private
    Subject: Sisvel (Philips) sues A-MAX to get paid for MP3 patents
    
    Declan, I've been asked for arguments in the first legal MP3
    patent case that I know of and I would be very happy if you could forward 
    this request to your Politech readers.
    
    
    The legal case is between Sisvel, an Italian representative
    of Philips, against A-MAX Technology from Hong Kong and directly concerns 
    all MP3 decoding for the whole European Union.
    
    http://www.sisvel.it/
    http://www.amaxhk.com/
    
    A-MAX and it's distributors bring various MP3 players into
    the European market. http://www.amaxhk.com/products/products.htm
    
    
    The dispute is about four Philips patents:
    
    EP 0 402 973 B1
    EP 0 660 540 B1
    EP 0 599 824 B1
    EP 0 400 755 B1
    
    With worldwide equivalents, see also for abstracts and whole patents:
    
    http://l2.espacenet.com/espacenet/viewer?PN=EP0402973
    http://l2.espacenet.com/espacenet/viewer?PN=EP0660540
    http://l2.espacenet.com/espacenet/viewer?PN=EP0599824
    http://l2.espacenet.com/espacenet/viewer?PN=EP0400755
    
    
    The dispute is divided in two legal cases, the hearing for the first case 
    concerning the first two patents was held June 26th, the next hearing will 
    be the July 23th in The Hague, Netherlands.
    
    The first hearing had some funny moments. After a lengthy
    explanation of the Sisvel lawyer one of the judges asked the Sisvel lawyer 
    if the patent was more or less mathematics (mathematics cannot be 
    patented). An "interesting" reaction of the lawyer followed.
    
    However the whole case isn't funny at all and will have a
    big impact on the use of MP3 and lots of comparable formats.
    
    Sisvel demonstrated a modified MP3 file in an A-MAX player and because the 
    player decoded the signal accordingly it was considered "proof" the 
    patented technology was used.
    
    In the demonstration a signaling bit in a series of MP3 frames was inverted 
    and the player simply responded accordingly. Any hardware or software MP3 
    player, A-MAX, WinAMP or Real Player would have produced the same decoded 
    signal.
    
    In my eyes Philips tried to prove that compatibility was
    prohibited. That MP3 code/language, can only be legally decoded/understood 
    if you pay them.
    
    During the first hearings to my opinion far to little different arguments 
    were used by the A-MAX lawyer.
    
    I am highly interested in any single argument concerning this case. 
    Philosophy, prior art, comparable legal cases, other people or companies 
    threatened by Sisvel, anything may be of great help to get these patents, 
    that threaten free playing of MP3 files, off the map.
    
    I will keep you in touch with the proceedings.
    
    +++chefren
    
    <chefrenat_private>
    
    
    
    
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