Social and Legal
Implications "The fact that most work on
dictionary-based compression has been done over the last 10 or 15 years has a potentially
dangerous side effect. Till the early 1980s, it was generally not possible to patent
software. But during the past ten years, increasingly large numbers of patents were
awarded for what are clearly algorithms.
One of the first data-compression patents was granted to
Sperry Corp. (now Unisys) for the improvement to LZ78 developed by Terry Welch at the
Sperry Research Center. In fact, this patent became a point of contention during the
standardization process for the V.42bis data-communications standard. Since V.42bis is
based on the LZW algorithm, Unisys claimed the right to collect royalties on
implementations which use V.42bis. There was some concern in the CCITT about the effect of
basing a standard on a patented technique. Unisys dampened concern while protecting its
patent rights by publicly offering to license the algorithm to any modem manufacturer for
a onetime $25,000 fee.
As research in dictionary-based compression continues,
patents are being filed at a relatively rapid pace. Since patent filings are not a matter
of public record, it it not possible to know if and when certain technologiies will be
freely available. At present, the most prudent course for potential data-compression users
would be to conduct a patent search and to contact the inventors of any techniques they
intend to use.
Fortunately, manufacturers can generally come to terms on
patent royalties for relatively modest terms. The danger comes when the owner of the
patent is competing for the same market as a potential licensee. Unisys was only too happy
to license the LZW algorithm to modem manufacturers, for example, but it may have adopted
an entirely different strategy if the market being discussed was the of mid-sized
minicomputers."
(Mark Nelson, The Data Compression Book,
p. 230)
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