QUOTE(Gabriel @ Jun 26 2008, 00:31)

The point is that there are 2 different ways to look at this:
*the industry way:
The industry ecosystem consider every mpeg standard (as backed up by ISO and ITU) as open standards because they are internationally recognized as such by national standard bodies, and are not tied to a specific single company.
Anyone can buy the standard and learn how parse a bitstream and make a decoder. In ITU an encoder is also standardized in most cases. (but not always) These are non-proprietary standards, I don't have to go to a particular company to get a secret sauce that is the decoder. The information is out there in public.
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*the Free Software (with capital letters) way:
They consider anything covered by patents without any explicit royalty exemption as being proprietary.
This is a misuse of the word "proprietary". I've had this argument with both Richard and John before, and calling an open standard "proprietary" is simply attempting to play both with the langauge and people's heads.
As much as "information wants to be free", when it's all free, nobody will bother to make any good information. We're already seeing some effects of that right here in our own little field, aren't we, now?
Now, all of the ISO MPEG standards are non-proprietary. The owners of the IP in the standards have agreed to RAND (Reasonable and Non-Discriminatory) licence the IP.
The encoders, to some extent, are a different story, because they are not part of the standard (beyond the "reference model" for which we can agree is not very interesting), and there may be additional IP in the reference model that is not RAND.
In that sense, a particular ENCODER for AAC can be both proprietary and not free to use. So there is potential for a proprietary issue in AAC encoders. There can be a "secret sauce". You might have to get it from a particular vendor.
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Btw, this is related to patents, which cover technology usage license, not copyrights, which cover technology implementation.
Copyright covers the code. We're all talking about patents here, indeed.