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Message-id: <60FAA9B2-86CF-43BD-8D38-BB4DAD780039@apple.com>
From: Steve Jobs <sjobs at apple.com>
To: Hugo Roy <hugo at fsfe dot org>
In-reply-to: <1272621947.12757.5.camel@totosh>
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Subject: Re: Open letter to Steve Jobs: Thoughts on Flash
Date: Fri, 30 Apr 2010 06:21:17 -0700
References: <1272621947.12757.5.camel@totosh>

All video codecs are covered by patents.  A patent pool is being =
assembled to go after Theora and other "open source" codecs now.  =
Unfortunately, just because something is open source, it doesn't mean or =
guarantee that it doesn't infringe on others patents.  An open standard =
is different from being royalty free or open source.

Sent from my iPad

On Apr 30, 2010, at 3:05 AM, Hugo Roy <hugo at fsfe dot org> wrote:

>=20
> Dear Steve Jobs,
>=20
> Having read your Thoughts on Flash, I could not agree with you more.
> Flash is not the Web, and I am glad Apple seizes the opportunity of =
open
> standards to build better products for their customers.
>=20
> But I am not so sure about your definition of the word Open in =
general.
> I will not argue here that it is ironic you find the Apple Store more
> open than Flash. I will not complain either you like Openness so much
> that when you use Open Source Software to build your Mac operating
> system, you keep that openness for yourself and don=E2=80=99t give it =
to your
> customers, nor to the developers whose works have been very useful to
> you.
>=20
> I figured that writing an open letter was an appropriate way to remind
> you of a couple of things that you may have forgotten =E2=80=94 maybe =
in good
> faith =E2=80=94 about open standards.
>=20
> It is true that HTML5 is an emerging open standard, and I am glad that
> you adopted it (well, did you really have the choice anyway?). However =
I
> have to say I am impressed in the way you succeed in saying how Apple
> has been doing great with open standards against Flash=E2=80=A6 while =
explaining
> Flash videos is not a problem, because Apple has implemented another
> video codec: H.264.
>=20
> May I remind you that H.264 is not an open standard? This video codec =
is
> covered by patents, and =E2=80=9Cvendors and commercial users of =
products which
> make use of H.264/AVC are expected to pay patent licensing royalties =
for
> the patented technology=E2=80=9D (ref). This is why Mozilla Firefox =
and Opera
> have not adopted this video codec for their HTML5 implementation, and
> decided to chose Theora as a sustainable and open alternative.
>=20
> Free Software Foundation Europe have been raising consensus and
> awareness on Open Standards for some years already. I am sure we would
> be happy to help Apple make the good decision. So, to begin with, here
> is the definition:
>=20
>        An Open Standard refers to a format or protocol that is
>=20
>             1. subject to full public assessment and use without
>                constraints in a manner equally available to all
>                parties;
>             2. without any components or extensions that have
>                dependencies on formats or protocols that do not meet
>                the definition of an Open Standard themselves;
>             3. free from legal or technical clauses that limit its
>                utilisation by any party or in any business model;
>             4. managed and further developed independently of any
>                single vendor in a process open to the equal
>                participation of competitors and third parties;
>             5. available in multiple complete implementations by
>                competing vendors, or as a complete implementation
>                equally available to all parties.
>=20
> Hugo Roy
> April 2010
>=20
> http://blogs.fsfe dot org/hugo/2010/04/open-letter-to-steve-jobs/
>=20
> --=20
>  Hugo Roy                           im: hugo at jabber.fsfe dot org=20
>  French Coordinator            http://www.fsfe dot org/about/roy=20
>=20
> Free Software Foundation Europe works to create general understanding
> and support for software freedom in politics, law and =
society-at-large.
> For more information, see http://www.fsfe dot org