giz tax/UniSys patent
4 messages in this thread
This is a section of the "Data Compression FAQ" available on the Internet
which deals with patents for algorithms such as the one for LZW held by UniSys
that is just now being exploited for the so-called "Gif Tax". If there's
enough interest I can upload the entire FAQ somewhere – it's a bit over 5000
lines / 86k zipfile.
—————————————————————————–
What about patents on data compression algorithms?
All patents mentioned here are US patents, and thus probably not applicable
outside the US.
(a) Run length encoding
– Tsukiyama has two patents on run length encoding: 4,586,027 and 4,872,009
granted in 1986 and 1989 respectively. The first one covers run length
encoding in its most primitive form: a length byte followed by the
repeated byte. The second patent covers the 'invention' of limiting the
run length to 16 bytes and thus the encoding of the length on 4 bits.
Here is the start of claim 1 of patent 4,872,009, just for pleasure:
1. A method of transforming an input data string comprising a plurality
of data bytes, said plurality including portions of a plurality of
consecutive data bytes identical to one another, wherein said data
bytes may be of a plurality of types, each type representing different
information, said method comprising the steps of: […]
– O'Brien has patented (4,988,998) run length encoding followed by LZ77.
(b) LZ77
– Waterworth patented (4,701,745) the algorithm now known as LZRW1,
because Ross Williams reinvented it later and posted it on
comp.compression on April 22, 1991. (See item 5 for the ftp site
with all LZRW derivatives.) The *same* algorithm has later been
patented by Gibson & Graybill (see below). The patent office failed
to recognize that the same algorithm was patented twice, even though
the wording used in the two patents is very similar.
The Waterworth patent is now owned by Stac Inc, which won a lawsuit
against Microsoft, concerning the compression feature of MSDOS 6.0.
Damages awarded were $120 million.
– Fiala and Greene obtained in 1990 a patent (4,906,991) on all
implementations of LZ77 using a tree data structure. Claim 1 of the
patent is much broader than the algorithms published by Fiala and
Greene in Comm.ACM, April 89. The patent covers the algorithm
published by Rodeh and Pratt in 1981 (J. of the ACM, vol 28, no 1,
pp 16-24). It also covers the algorithm previously patented by
Eastman-Lempel-Ziv (4,464,650), and the algorithms used in lharc,
lha and zoo.
– Notenboom (from Microsoft) 4,955,066 uses three levels of
compression, starting with run length encoding.
– The Gibson & Graybill patent 5,049,881 covers the LZRW1 algorithm
previously patented by Waterworth and reinvented by Ross Williams.
Claims 4 and 12 are very general and could be interpreted as
applying to any LZ algorithm using hashing (including all variants
of LZ78):
4. A compression method for compressing a stream of input data into
a compressed stream of output data based on a minimum number of
characters in each input data string to be compressed, said
compression method comprising the creation of a hash table, hashing
each occurrence of a string of input data and subsequently searching
for identical strings of input data and if such an identical string
of input data is located whose string size is at least equal to the
minimum compression size selected, compressing the second and all
subsequent occurrences of such identical string of data, if a string
of data is located which does not match to a previously compressed
string of data, storing such data as uncompressed data, and for each
input strings after each hash is used to find a possible previous
match location of the string, the location of the string is stored
in the hash table, thereby using the previously processed data to
act as a compression dictionary.
Claim 12 is identical, with 'method' replaced with 'apparatus'. Since
the 'minimal compression size' can be as small as 2, the claim could
cover any dictionary technique of the LZ family. However the text of the
patent and the other claims make clear that the patent should cover the
LZRW1 algorithm only. (In any case the Gibson & Graybill patent is likely
to be invalid because of the prior art in the Waterworth patent.)
– Phil Katz, author of pkzip, also has a patent on LZ77 (5,051,745)
but the claims only apply to sorted hash tables, and when the hash
table is substantially smaller than the window size.
– IBM patented (5,001,478) the idea of combining a history buffer (the
LZ77 technique) and a lexicon (as in LZ78).
– Stac Inc patented (5,016,009 and 5,126,739) yet another variation of LZ77
with hashing. The '009 patent was used in the lawsuit against Microsoft
(see above). Stac also has patents on LZ77 with parallel lookup in
hardware (4,841,092 and 5,003,307).
– Robert Jung, author of 'arj', has been granted patent 5,140,321
for one variation of LZ77 with hashing. This patent covers the LZRW3-A
algorithm, also previously discovered by Ross Williams. LZRW3-A was posted
on comp.compression on July 15, 1991. The patent was filed two months later
on Sept 4, 1991. (The US patent system allows this because of the
'invention date' rule.)
– Chambers 5,155,484 is yet another variation of LZ77 with hashing.
The hash function is just the juxtaposition of two input bytes,
this is the 'invention' being patented. The hash table is named
'direct lookup table'.
–continued next message–
[More] –continued from previous message–
(c) LZ78
– One form of the original LZ78 algorithm was patented (4,464,650) by
its authors Lempel, Ziv, Cohn and Eastman.
– The LZW algorithm used in 'compress' is patented by IBM (4,814,746)
and Unisys (4,558,302). It is also used in the V.42bis compression
standard (see question 11 on V.42bis below) and in Postscript Level 2.
(Unisys sells the license to modem manufacturers for a onetime
$25,000 fee.) The IBM patent application was filed three weeks
before that of Unisys, but the US patent office failed to recognize
that they covered the same algorithm. (The IBM patent is more
general, but its claim 7 is exactly LZW.)
– AP coding is patented by Storer (4,876,541). (Get the yabba package
for source code, see question 2 above, file type .Y)
(d) arithmetic coding
– IBM holds many patents on arithmetic coding (4,286,256 4,295,125
4,463,342 4,467,317 4,633,490 4,652,856 4,891,643 4,905,297 4,935,882).
It has patented in particular the Q-coder implementation of arithmetic
coding. The arithmetic coding option of the JPEG standard requires
use of the patented algorithm. No JPEG-compatible method is
possible without infringing the patent, because what IBM actually
claims rights to is the underlying probability model (the heart of
an arithmetic coder). (See the JPEG FAQ for details.)
AT&T has 3 patents on arithmetic coding (4,973,961, 5,023,611, 5,025,258).
(e) predictor
– The 'predictor' algorithm was first described in the paper
Raita, T. and Teuhola, J. (1987), "Predictive text compression by hashing",
ACM Conference on Information Retrieval
This algorithm has been patented (5,229,768) by K. Thomas in 1993. It
is used in the Internet Draft "PPP Predictor Compression Protocol" (see
venera.isi.edu:/internet-drafts/draft-ietf-pppext-predictor-00.txt).
As can be seen from the above list, some of the most popular compression
programs (compress, pkzip, zoo, lha, arj) are now covered by patents. (This
says nothing about the validity of these patents.)
The Wall Street Journal had an article last Thursday in the Marketplace
section: Color in the Court: Can Tints Be Trademarked?
Its probably not well known but the U.S. Patent and Trademark office maintains
that colors may be trademarked.
"What's more, the National Bureau of Standards has tallied 7,500 color names,
and new technology is generating more all the time."
One of these days I visualize the 3D Studios materials editor having little
black bands for colors you can't use. And ultimately we'll all be out of work
as there won't be any colors we CAN use. <g>
John
I don't get the WSJ, but did they say that the *color* or the *color name*
could be trademarked. I'd suspect the latter, not the former.
John,
They said the "color" can be trademarked. Its a very complex issue and the
courts have decided on a variety of issues, some of which are very
contradictory. For instance Owens Corning won it suit regarding the use of
pink as the color for their insulation. On the other hand Nutrasweet lost its
bid to monopolize pastel blue for its sugar substitutes. The focus of this
debate is narrowing which is why its becoming important. The Supreme Court is
hearing a case brought by a company called Qualitex which has used a greenish
shade of gold for thier pressing machine pads. The owner of the company seems
to think that it is a special color in that is aesthetically pleasing and they
have been using it for over 40 years. A competitor was challenged because he
used the same color even though his boxes and marketing etc. were totally
different. The lawyer for the company defending their position said, "There is
a fine difference between 'knocking off' "the look of a competitor's product,
which is legal, and passing off' which is illegal".
But because they had used the "same color" on their pressing pads the defendant
lost and was in held in "violation" of federal law against "unfair
competition". The federal appeals court based in San Francisco agreed that the
defendant was in the wrong but also said that Qualitex's trademark should be
canceled.
Congress in 1946 passed a major intellectual-property law known as the Lehman
act, which notably lacks any prohibition on trademarks for color alone. In
1988, a Senate report accompanying trademark-law revisions specifically stated
that the changes did not preclude "registration of colors, shapes, sounds or
configurations".
So its become a Supreme Court issue with the Qualitex case. Precedence in the
case of Owens Corning is very strong along with the revisions passed by the
Senate in '88.
The WSJ is a really good paper BTW, excellent coverage on a broad variety of
topics.