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NEWS RELEASE
OMA DRM Patent Holders Revise Terms of MPEG LA License
Final License Agreement to Issue Soon
(Denver, Colorado, USA, 12 April 2005) − MPEG LA announced today
that the initial group of OMA DRM 1.0 essential patent holders have
revised the terms of a joint patent portfolio license to be offered by
MPEG LA for use of the Open Mobile Alliance (OMA) DRM 1.0 specification.
The group consists of ContentGuard Holdings, Inc., Intertrust
Technologies Corp., Matsushita Electric Industrial Co., Ltd.,
Koninklijke Philips Electronics N.V., and Sony Corporation. The
revisions are responsive to feedback from the market following MPEG LA’s
announcement of proposed license terms on January 6, 2005 (www.mpegla.com/news/n_05-01-06_drm.pdf).
MPEG LA and the OMA DRM 1.0 Patent Portfolio License are not affiliated
with the OMA; nor was the OMA DRM 1.0 Patent Portfolio License initiated
by the OMA. Rather, the OMA DRM 1.0 Patent Portfolio License has been
established by MPEG LA for the convenience of OMA DRM 1.0 adopters as an
alternative to negotiating separate licenses with individual patent
owners.
Full news release here
MPEG LA Announces OMA DRM Patent License Terms
(Denver, Colorado, USA, 6 January 2005) − MPEG LA announced today that an
initial group of essential patent holders including ContentGuard Holdings, Inc.,
Intertrust Technologies Corp., Matsushita Electric Industrial Co., Ltd.,
Koninklijke Philips Electronics N.V., and Sony Corporation have reached
tentative agreement on the terms of a joint patent portfolio license to be
offered by MPEG LA for use of the Open Mobile Alliance (OMA) DRM 1.0
specification. The companies were convened in response to MPEG LA’s call for
essential patents [http://www.mpegla.com/news/n_04-07-20_drm.pdf].
The proposed OMA DRM Patent Portfolio License is expected to cover products that
use the OMA DRM 1.0 specification, as well as those which use both OMA DRM 1.0
and 2.0.
Full news release here
MPEG LA Issues Call for Essential Patents Covering OMA DRM 2.0
Updated DRM Reference Model 3.0 covers emerging mobile technology
(Denver, Colorado, USA, 23 September 2004) - MPEG LA, LLC, world leader in
one-stop technology platform patent licensing, today issued DRM Reference Model
3.0 specifically covering the
Open Mobile Alliance’s OMA DRM 2.0 standard (“OMA DRM 2.0”) and a call for
patents that are essential to DRM Reference Model v 3.0 including OMA DRM 2.0.
DRM refers to digital rights management technology.
Full news release here
MPEG LA Issues DRM Reference Model 2.0, Calls for Essential Patents
Covering OMA DRM 1.0 and Internet Music Distribution
Updated DRM Reference Model and call for patents to cover key emerging
technologies
(Denver, Colorado, USA, 20 July 2004) - MPEG LA, LLC, world leader in
one-stop technology platform patent licensing, today issued DRM Reference
Model 2.0, specifically covering the Open Mobile Alliance’s OMA DRM 1.0
standard (“OMA DRM 1.0”). [OMA-DRM-v1_0-20031113-C.zip]
Digital rights management technology (DRM) has broad application for the
protection and management of digital information; it is key to the success of
electronic media distribution systems now gaining popularity on computers,
mobile and consumer electronics platforms. The DRM Reference Model describes
elements of DRM systems in common use. Its purpose is to form the basis for
evaluating and determining patents that are essential for DRM in order to
provide users with convenient, fair, reasonable, nondiscriminatory access under
an alternative license. Of importance to DRM standards and other implementation
initiatives, an alternative patent license of this kind may assist in making
available to the marketplace a wide variety of innovative new products and
services based on DRM whose development and deployment might otherwise be
inhibited.
Click here for full news release.
MPEG LA Announces Plan for Joint Patent License for DRM Technology
DRM Reference Model and Call for Essential DRM Patents Represent First
Step
(Denver, Colorado, USA, 2 October 2003) MPEG LA, LLC, world leader in
one-stop technology platform patent licensing, today issued a call for patents
that are essential to digital rights management technology (DRM) as described in
DRM Reference Model v 1.0. DRM refers to technologies for managing the
authorized use of digital content. The purpose of the DRM Reference Model is to
begin a process of evaluating and determining patents that are essential for DRM
in order to provide users with convenient, fair, reasonable, nondiscriminatory
access to a portfolio of essential worldwide patent rights under a single
license. DRM products and services are emerging. By providing the foundation for
a patent portfolio license, the DRM Model will offer the marketplace the ability
to make available these new and innovative products and services whose
development and deployment might otherwise be inhibited. A patent portfolio
license will accelerate market development by providing ready access to the
essential technology; it also will be of assistance to DRM standards
initiatives. A summary of the MPEG LA plan is in Attachment 1.
"This represents a milestone in technology innovation," said MPEG LA CEO
Baryn S. Futa. "With DRM’s ability to make myriad new products available to the
digital information marketplace one consumer at a time, this is good for
consumers and industry alike. Addressing the marketplace’s need to deal
efficiently with essential patent rights is critical. Starting this effort at
the earliest stages of DRM implementation signals a strong interest in providing
users with fair, reasonable, nondiscriminatory access to the essential
intellectual property so they can plan for the use of this important new
technology now and in the future. MPEG LA is pleased to be a part of this
forward-looking effort."
The DRM Reference Model does not detail how to build an actual DRM process or
system suitable for commercial deployment and does not require, or describe how
to achieve, interoperability between DRM devices, systems or methods. Neither is
it based upon, or intended to describe, a particular DRM system or field of use.
Rather, the DRM Reference Model is intended to support the formation of a single
license containing as many essential patents as possible that an industry
participant may need and thereby encourage the implementation and use of DRM and
the rapid availability of DRM products. A patent portfolio license provides
users with a convenient alternative to negotiating licenses directly with
individual patent owners.
Therefore, the DRM Reference Model represents the first phase in a continuing
three-step process (Phase II is a call for patents to be evaluated for their
essentiality with respect to the DRM Reference Model, and Phase III will be the
convening of an initial patent holder group in order to decide the terms of a
joint patent license) and is designed to proceed on two parallel tracks:
(1) Version 1.0 of the Model will serve as a tool for the initial call for
patents and an evaluation of their essentiality by independent patent experts
resulting in the prompt formation of an initial patent holder group to decide
terms of license.
(2) In order to meet users' needs now and in the future, a process is
contemplated under which the DRM Reference Model will be expanded and enhanced,
thereby reflecting the dynamic, emerging nature of DRM technology and increasing
the body of patents eligible for inclusion in a joint patent license for the
convenience of the market. For this purpose, it is expected that an advisory
council will be formed to undertake a continuing and inclusive process for
further revisions to meet future DRM marketplace needs.
Any party that believes it has patents that are essential with respect to DRM
Reference Model v 1.0 and wishes to join the patent portfolio upon successful
evaluation is invited to submit such patents for an evaluation of essentiality
by independent patent experts. Initial submissions are requested by November 15,
2003. Those who are interested may request a copy of DRM Reference Model v 1.0
and the terms and procedures governing patent submissions at
www.mpegla.com.
MPEG LA, LLC
MPEG LA successfully pioneered one-stop technology platform licensing with a
portfolio of essential patents for the international digital video compression
standard known as MPEG-2. One-stop technology platform licensing enables
widespread technological implementation, interoperability and use of fundamental
broad-based technologies covered by many patents owned by many patent holders.
MPEG LA provides users with fair, reasonable, nondiscriminatory access to these
essential patents on a worldwide basis under a single license. MPEG LA is not
related to any standards agency. In addition to MPEG-2, MPEG LA licenses
portfolios of essential patents for the IEEE 1394 Standard, the DVB-T Standard,
the MPEG-4 Visual Standard and the MPEG-4 Systems Standard. For more
information, please refer to
http://www.mpegla.com.
Attachment 1
Following is a summary of the MPEG LA plan for licensing of essential DRM
Patents:
1. Objective
Evaluation of intellectual property for essentiality with respect to DRM
Reference Model v 1.0 in order to establish a portfolio of essential worldwide
patents providing DRM users with fair, reasonable, nondiscriminatory access to
this technology under one license
2. Licensed patents
To be essential, a patent must be found to have one or more claims whose
scope encompasses part of DRM Reference Model v 1.0.
3. Organization
The patent portfolio may require at least the following functions:
First, as Evaluation Facilitator, MPEG LA will make a call described in this
announcement for the submission of patents for an evaluation of their
essentiality by independent patent experts and inclusion in a joint license if
determined to be essential. MPEG LA also will facilitate the evaluation process
and convene the initial group of essential patent holders as described below.
Second, an Evaluator (identified below) who is an independent patent expert
will evaluate patents for essentiality with respect to the DRM Reference Model v
1.0. Any party that believes it has essential patents is invited to submit them
for evaluation and inclusion in accordance with the standard terms and
procedures governing submissions (see below). For each patent submitted, an
evaluation fee will be paid to MPEG LA, LLC to cover the cost of the patent
expert’s evaluation.
Third, an initial group of essential patent holders who have agreed to the
terms governing the submission of patents and been found by the independent
patent experts to have essential patents will be convened to prepare details of
licensing terms. Evaluations will continue throughout the course of the license
in order to include as much essential intellectual property as possible, but the
initial group of essential patent holders/framers from among those who submit
patents for evaluation by the initial deadline of November 15, 2003 will be
determined and convened for the purpose of commencing the DRM Patent Portfolio
License.
Fourth, a licensing administrator will be chosen by the initial group of
patent holders. The licensing administrator will be granted non-exclusive
sublicensing rights from the essential patent owners under licensed patents in
order to sublicense those patents to DRM users and will actively promote the
licensing program and distribute collected royalties to the patent owners.
Fifth, an administrative committee consisting of representatives of the
essential patent owners will monitor certain activities of a licensing
administrator.
Sixth, in order to meet users' needs now and in the future, a process is
contemplated under which the DRM Reference Model will be expanded and enhanced
in order to provide guidance to essential patent owners. For this purpose, it is
expected that an advisory council will be formed to undertake a continuing and
inclusive process for further revisions to meet future DRM marketplace needs.
4. Licensing details
To be determined by the essential patent owners.
5. Schedule (Initial Plan)
Initial patent submissions: by November 15, 2003 (although patent submissions
may continue to be submitted after that date, owners of essential patents in the
initial group of patents submitted by the November 15 date will form the initial
group of licensors that will select a licensing administrator and determine the
terms of license).
Evaluation: At least one patent submitted by each submitting party will be
evaluated for its essentiality by December 31, 2003.
MPEG LA will convene a meeting of the initial patent holder group shortly
thereafter.
Accordingly, MPEG LA hereby announces that any party that believes it has
patents that are essential with respect to DRM Reference Model v 1.0 and wishes
to join the patent portfolio upon successful evaluation, is invited to submit
such patents for evaluation, together with a statement confirming its agreement
with the objectives and intention to abide by terms and procedures (including
participation fees to be paid by submitting parties who are determined to have
essential patents) governing the patent submission process (initial patents to
form initial licensor group to be submitted by November 15, 2003), which may be
obtained from www.mpegla.com. Patent
evaluations will be conducted by Dr. Kenneth Rubenstein and his worldwide team
of independent patent experts, PROSKAUER ROSE LLP (1585 Broadway, New York, NY
10036-8299, Tel. 212-969-3000, Fax 212-969-2900,
krubenstein@proskauer.com).
Attachment 2
Questions and Answers
Q1: What is the purpose of the DRM Reference Model?
A1: Its purpose is to provide a basis for the submission and evaluation of
patents for their essentiality to DRM technology as described in the Reference
Model in order to provide DRM users with fair, reasonable, nondiscriminatory
access to the essential patent rights under a single license.
Q2: Why has it been created?
A2: There is great market demand for DRM technology. With the potential to
make myriad new products available to the digital information marketplace one
consumer at a time, it is good for consumers and industry alike. But, the matter
of how to deal efficiently with many essential patents owned by many patent
holders is one matter that, if not addressed, could impede implementation of
this important new technology. Providing fair, reasonable, nondiscriminatory
access to the essential patents under a single license will help address that.
Q3: Did others participate in the drafting of the DRM Reference Model?
A3: MPEG LA consulted with other companies in the process of developing the
DRM Reference Model. It is MPEG LA’s current policy, however, not to disclose
the names of those parties.
Q4: How does the DRM Reference Model relate to DRM standards activities such
as MPEG-21?
A4: This work will proceed in parallel and will not conflict with the work of
standards bodies. The DRM Reference Model does not define a standard for the
purpose of achieving conventional standards-setting goals such as
interoperability or defining particular commercial products. It represents an
independent effort with no need for formal standard setting whose sole use will
be to form a joint patent license for the convenience of the marketplace. As
such, it will be of assistance to DRM standards initiatives.
Q5: How will it be used in determining essential patents?
A5: Any party that believes it has patents that are essential to the DRM
Reference Model and wishes to join upon successful evaluation is invited to
submit such patents to an independent patent evaluator according to the terms
and procedures governing the patent submission process. To be essential and
therefore included in a DRM Patent Portfolio License, a submitted patent must be
found to have one or more claims whose scope encompasses part of DRM Reference
Model v 1.0.
Q6: Does the DRM Reference Model prescribe an interoperability standard?
A6: No, its purpose is not to prescribe specific implementations but rather
to provide a basis for evaluating and making available essential DRM
intellectual property on fair, reasonable nondiscriminatory terms under a single
license.
Q7: Is anyone building systems or services that will be described by the DRM
Reference Model?
A7: Again, the purpose of the DRM Reference Model is not to prescribe
specific implementations. Nor is it limited to any company’s specific DRM
implementations. Similarly, it does not determine or dictate the many ways in
which DRM technology may be used and was not designed to include or exclude
particular patents. Rather, its purpose is to provide a basis for evaluating and
making available as much essential intellectual property as possible on fair,
reasonable, nondiscriminatory terms under a single license. As such, it is
intended to describe DRM systems as they are generally used currently and will
be in the future so as to provide actual users with substantial essential
intellectual property rights, thereby facilitating myriad applications.
Q8: What will be the relationship between the DRM Reference Model and a joint
patent license?
A8: The DRM Reference Model forms the basis for determining patents that may
be included in a joint patent license. Creating the DRM Reference Model
represents Phase I of the process. Version 1.0 will serve as a tool for the
initial call for patents and an evaluation of their essentiality by independent
patent experts (Phase II) resulting in the prompt formation of an initial patent
holder group to decide terms of license (Phase III). And the process will
continue (see below). As enhancements to the DRM Reference Model are identified
that will meet emerging marketplace needs, they may be added to later versions
of the DRM Reference Model (Phase I), additional patent submissions may be
called for (Phase II), and new or expanded licenses may be offered (Phase III).
Q9: Did companies with whom MPEG LA consulted have the ability to include
their own intellectual property?
A9: No. Inclusion or exclusion of intellectual property was not discussed or
considered. To be included, intellectual property must be submitted by its owner
and found essential with respect to the DRM Reference Model by MPEG LA’s
independent patent experts.
Q10: What are the terms of license?
A10: That has not yet been determined. It can be determined only by essential
patent holders. Once an initial group of essential patent holders is determined
in Phase II, MPEG LA will convene that initial group to begin the process of
deciding the terms of a joint license (Phase III).
Q11: Will essential patent holders be added following the convening of the
initial group?
A11: Yes, to the extent that patents are submitted for inclusion and
determined by the independent patent experts to be essential, the owners of
those patents will be added. The objective of a joint license will be to include
as much essential intellectual property as possible in one license for the
benefit of the marketplace; therefore, submission of patents for an evaluation
of their essentiality and inclusion is an ongoing process.
Q12: Will MPEG LA be the licensing administrator?
A12: That has not yet been determined. MPEG LA is currently facilitating this
process, but whether
MPEG LA will be the licensing administrator will be determined by essential
patent holders.
Q13: When is a license expected to be available?
A13: This will depend on the deliberations of the essential patent holders
determined through the
patent evaluation submission and evaluation process. Following the issuance of
the DRM
Reference Document and call for initial patent submissions, we hope that initial
evaluations
can be completed by the end of 2003, that an initial group of essential patent
holders can be
convened in the beginning of 2004 and that a joint patent license can be made
available to the
market during 2004.
Q14: What provision will be made for expanding and enhancing the DRM
Reference Model?
A14: In order to meet users' needs now and in the future, a process is
contemplated under which the
DRM Reference Model will be expanded and enhanced, thereby reflecting the
dynamic,
emerging nature of DRM technology and increasing the body of patents eligible
for inclusion
in a joint patent license for the convenience of the marketplace. For this
purpose, it is
expected that an advisory council will be formed to undertake a continuing and
inclusive
process for further revisions to meet future DRM marketplace needs.
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