Commission to force a patented standard for digital TV?
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Started by: Anonymous (213.193.162.x)
On: 1191587031|%e %b %Y, %H:%M %Z|agohover
Number of posts: 4
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Summary:
The Commission has issued a communication to the Council and Parliament on Digital TV, where they mention the problem of patents and open standards for the DVB-H standard, which is subject to a patent tax in the form of royalties collected by MPEG-LA.
Commission to force a patented standard for digital TV?
Anonymous (213.193.162.x) 1191587031|%e %b %Y, %H:%M %Z|agohover

The Commission has published a report titled "Strengthening the Internal Market for Mobile TV" in which they want to impose the DVB-H standard as mandatory for all Member States of the European Union, standard which is patented and subject to a patent tax collected by the MPEG-LA:

The Commission therefore considers that DVB-H will form the basis for the successful introduction and take-up of terrestrial Mobile TV services in the EU. It will encourage industry dialogue, so that a wide consensus over DVB-H implementations can be achieved. To promote this consensus the Commission intends to prepare the necessary steps to add DVB-H to the List of standards [13] published in the Official Journal of the European Union [14]. Adding DVB-H to the List of standards would imply that Member States would be required to encourage the use of DVB-H for the provision of terrestrial Mobile TV services. The Commission calls upon industry to ensure that any outstanding issues regarding intellectual property rights related to DVB-H are settled without delay [15]. The Commission will continue to monitor the situation in the EU and may come forward with proposals in mid 2008 including, if appropriate, steps to make an open standard mandatory [16]. Furthermore, interoperability remains an important objective. Past experiences, notably in the field of interactive television, demonstrated that a common standard is not in itself sufficient to guarantee interoperability, especially for levels higher than the physical transport of the signal. Therefore, the Commission will encourage stakeholders to act together with a common aim of maximizing access of consumers to services, in particular by relying on open standards.

[13] Commission Decision 2007/176/EC of 11 December 2006 establishing a list of standards and/or specifications for electronic communications networks, services and associated facilities and services and replacing all previous versions (notified under document number C(2006) 6364), OJ L 86, 27.3.2007, p. 11.
[14] Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services (OJ L 108, 24.4.2002, p. 23). The procedure referred to is described in Article 17(1), which foresees a consultation of the Member States and a further specific decision by the Commission, providing for such a publication.
[15] In light of the successful experience of DVB-T, a patent pool has been created for DVB-H.
[16] As foreseen under Article 17(3) of Directive 2002/21/EC. This would imply publishing a notice in the Official Journal and inviting public comment by all parties concerned. Any Commission proposal pursuant to Article 17(3) would be accompanied by a detailed impact assessment.

What does the Commission means by open standards in this case? Open standards not implementable by Open Source?

Last edited on 1191587107|%e %b %Y, %H:%M %Z|agohover By zoobab + Show more
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Re: Commission to force a patented standard for digital TV?
zoobabzoobab 1202313798|%e %b %Y, %H:%M %Z|agohover

See also this article "EU Strategy for Mobile TV":

Meanwhile, the Commission will encourage industry dialogue so that a wide consensus over DVB-H implementations can be achieved. Furthermore, the Commission intends to add DVB-H to the EU's official list of standards published in the Official Journal of the European Union.

Last edited on 1202313828|%e %b %Y, %H:%M %Z|agohover By zoobab + Show more
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Re: Commission to force a patented standard for digital TV?
zoobabzoobab 1202315970|%e %b %Y, %H:%M %Z|agohover

Commission is also confused about the usage of the term open standard:

Currently in Europe, there is a risk of fragmentation in the Internal market as there are several Mobile TV technologies for different platforms so that the benefits outlined above may not materialise. Among the trials and commercial launches based on terrestrial digital technologies, DVB-H is used in most countries and widely considered as an open and robust standard. The other trials and commercial launches are using T-DMB. Other technologies also start to be tested in Europe.

Re: Commission to force a patented standard for digital TV?
zoobabzoobab 1202316897|%e %b %Y, %H:%M %Z|agohover

And Commission thinks solving patent issues are limited to form a patent pool:

The Commission calls upon industry to ensure that any outstanding issues regarding intellectual property rights related to DVB-H are settled without delay [15]. The Commission will continue to monitor the situation in the EU and may come forward with proposals in mid 2008 including, if appropriate, steps to make an open standard mandatory [16].

[15] In light of the successful experience of DVB-T, a patent pool has been created for DVB-H.
[16] As foreseen under Article 17(3) of Directive 2002/21/EC. This would imply publishing a notice in the Official Journal and inviting public comment by all parties concerned. Any Commission proposal pursuant to Article 17(3) would be accompanied by a detailed impact assessment.

Article 17(3) of Directive 2002/21/EC is the following:

3. If the standards and/or specifications referred to in paragraph 1 have not been adequately implemented so that interoperability of services in one or more Member States cannot be ensured, the implementation of such standards and/or specifications may be made compulsory under the procedure laid down in paragraph 4, to the extent strictly necessary to ensure such interoperability and to improve freedom of choice for users.
4. Where the Commission intends to make the implementation of certain standards and/or specifications compulsory, it shall publish a notice in the Official Journal of the European Communities and invite public comment by all parties concerned. The Commission, acting in accordance with the procedure referred to in Article 22(3), shall make implementation of the relevant standards compulsory by making reference to them as compulsory standards in the list of standards and/or specifications published in the Official Journal of the European Communities.

Last edited on 1202316974|%e %b %Y, %H:%M %Z|agohover By zoobab + Show more
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