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1September 1998, FraunhoferInstitute wrote to several MP3 software developers, saying that "publishing or selling encoders or decoders" requires authorization. The letter claimed that the unauthorized product "infringed the patent rights of Flawn Hoff and Thomson." To manufacture, sell or distribute products using the [MPEG Layer-3] standard or our patents, you need to obtain a license agreement for these patents from us. "
These patent problems have greatly slowed down the development of unauthorized MP3 software, and attracted people's attention to develop and welcome other substitutes, such as WMA and Auger Vorbis. Microsoft is the manufacturer of Windows development system, which develops its own Windows Media format from MP3 to avoid patent-related authorization problems. Before these key patents expire, unauthorized encoders and players seem to be illegal in countries that recognize software patents.
Despite these patent restrictions, the eternal MP3 format continues to develop; The reason for this phenomenon seems to be the network effect brought by the following factors:
* Familiar with this format, I wonder if there are any other alternative formats.
* In fact, these alternative formats have no obvious advantages over MP3.
* A lot of music in MP3 format,
* A large number of different software and hardware use this format.
* Without DRM protection technology, MP3 files can be easily modified, copied and redistributed through the network.
* Most home users don't know or care about software patent disputes. Usually these disputes have nothing to do with their personal use and choice of MP3 format.
In addition, patent holders are unwilling to levy license fees on open source decoders, which has also brought about the development of many free MP3 decoders. In addition, although they tried to prevent the binary code of the encoder from being released, Thomson has announced that individual users who use free MP3 encoders will not have to pay fees. Although the patent fee is a problem that many companies need to consider when planning to use MP3 format, it has no influence on users and brings the popular effect of this format.
Sisvel S.p.A and its American subsidiary Audio MPEG, Inc. had previously sued Thomson for infringing MP3 technology patents, but these disputes finally ended in June 2005, when Sisvel authorized Thomson MP3 and Motorola signed an MP3 licensing agreement with Audio MPEG. Because Thomson and Sisvel both have independent patents, they claim that these patents are necessary for codec, so the legal status of MP3 patent is not clear.
Flawn Hough's patent expired on April 20 10, and MP3 algorithm is not protected by patent.