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Patents, Innovation and the Law


Jeff Wexler

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Here would be a good place to discuss the importance of patents, innovation, competition and the law. For the most part we are unaware of these issues in our world of sound recording but occasionally there is the need for discussion. Also, there are those like myself that really enjoy discussions of these things historically and how some of the larger cases have affected some of the technology and tools we use (for example the legendary Sony Betamax vs. VHS issue).

 

-moved from Sonosax SX-R4+ topic thread:

dolo72 has said:
Also Aaton cantars have always used a similar system and they have been around longer than neverclip. 

Lisala

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Patrick Tresch has said:
Arri uses a similar method in their Alexa cameras as I read. (low and high gain combination)

"Arri use dual 14-bit A/D converters, low/high gain, to 16 bits of data then stored in 12bit LOG arri raw."

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Patrick, what Arri is doing does not relate in any way to this issue. The use of dual sets of A to D converters is not new and is not something that anybody or any company has patented. What IS patented, at this time by Zaxcom, is the manner in which the signal is handled in a system utilizing multiple A to D converters. To Lisala, I am not aware of Cantar using any system which would infringe on anyone's patent. You must have some inside information that no one else knows.

Edited by Jeff Wexler
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Yes, you are right. Zaxcom has a patent on recording wireless transmitters  so the new Audio, Ltd. digital wireless 1010s will not have recording capability in the US models. The 1010s look really good and they are the first affordable fully digital wireless available other than the Zaxcom line of full digital wireless. The record capability will be available outside the US and even without it, in the US, I think the Audio, Ltds will be a real contender.

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No, the patent is not on a sound recorder that transmits a signal. I will find the copy of the patent and send it to you so you can read it and understand it for yourself. 

The patent actually covers quite a bit more ground than just wireless transmitter recording capability. There are procedures and definitions of time and timecode synchronization amongst multiple units, virtual multitrack system, body worn devices, etc. Nothing to do with distributing a signal to a camera, director's headphones and so forth, so don't worry.

Edited by Jeff Wexler
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Yes, you are right. Zaxcom has a patent on recording wireless transmitters  so the new Audio, Ltd. digital wireless 1010s will not have recording capability in the US models. The 1010s look really good and they are the first affordable fully digital wireless available other than the Zaxcom line of full digital wireless. The record capability will be available outside the US and even without it, in the US, I think the Audio, Ltds will be a real contender.

Exactly. I think people has been confused. Audio Ltd 1010 will be available in US territory; not the recording feature.

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Here are a few links to Zaxcom patents:

Virtual Multitrack http://www.google.com/patents/US7711443

NeverClip (and other processes) https://www.google.com/patents/US8878708

Not the lightest reading.

Patents never are...  it is not a perfect system, the patent system, not by any means. I have read many of the more esoteric and somewhat ridiculous patents from the past from major companies. Any search for patents applied for, granted or denied, from companies like Apple and Microsoft --- it is mind boggling.

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Good move Jeff - 

I just checked with a friend who is a diehard Cantar user ( and had Some design input on the x3 ) and he corrected me it was a three amplifier block mic amp to increase headroom not a multi stage AD converter type set up. 

Given how expensive international patent law is I can only imagine it's not worth it right now for Sonosax. 

 

       Lisala 

 

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NeverClip patent is so specific on how gain is handled that it must be really a big coincidence to get to the point of patent infringement!

The patent IS so specific and coincidence doesn't even figure into it. Even if Sonosax developed a manner in which the gain is handled without any knowledge of the specific way that Zaxcom does it (and patented the process), and that process is coincidentally the same as Zaxcom's, it is potentially a patent violation.Ignorance of a patented or proprietary technology does not give you the right to use it. We have to assume that the engineers at Sonosax know what they have designed and they have determined that it infringes on Zaxcom's patent in the US. There are 3 ways that this could have been resolved: 1. Sonosax could re-design their input to handle the gain in a manner that is not the same as Zaxcom's specific and patented process, 2. Zaxcom could license the patented technology to Sonosax for use in their recorder sold in the United States, or 3. Do not market the recorder in the US. Sonosax appears to have opted for number 3.

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I intuit some patent-related unhappiness generally, but specifically related to a product I use. Want to sprinkle that salt while I try to remain unbiased.

Should I ever get a new brain and invent something extraordinary and innovative, I hope my friends and family follow me around with a stick to bop me in the head until I get it patented.

PSM Bill Daly had one regret: that he didn't patent with Bernard Fox the time code slate and system to sync multiple cameras to multi-track music recordings. I think he thought about that every day of his life.

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The sad reality is that registering the patent is only half the battle. You then have to have the financial resources to exploit that patent, and more importantly, defend that patent. Imagine owning a patent on a technology or process that Google or Apple decide they invented, or something close to it. Realistically, you won't have a chance. That's why many patents registered by individuals and small entities end being sold off to patent trolls, who accumulate massive portfolios amassed solely for the purpose of being able to ruthlessly sue others, small and large alike.

Our patent system is very badly broken and desperately needs reform.

 

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The sad reality is that registering the patent is only half the battle. You then have to have the financial resources to exploit that patent, and more importantly, defend that patent. Imagine owning a patent on a technology or process that Google or Apple decide they invented, or something close to it. Realistically, you won't have a chance. That's why many patents registered by individuals and small entities end being sold off to patent trolls, who accumulate massive portfolios amassed solely for the purpose of being able to ruthlessly sue others, small and large alike.

Our patent system is very badly broken and desperately needs reform.

 

Wow..almost renders pursuing a good idea...not worth it. That's frightening.

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