[Patents] NetAction Notes No. 51 (http://www.netaction.org)

[PILCH Hartmut phm@a2e.de]

Grappling with Graphics

A few years ago Unisys, the company that owns the patent on the 
compression method used in creasing GIF graphics, announced plans to 
charge a license fee to use their GIF-related technology. 
Controversy developed and the company dropped the proposal.  Now, 
they've revived it and are threatening to sue users of GIFs created 
with freeware or other software produced by developers who haven't 
paid for a license to use this technology.

Since well known commercial graphics software programs like Adobe 
Illustrator, Adobe Photoshop, and Macromedia are expensive, there is 
a good chance that some small or cash-strapped nonprofits have been 
using freeware or other unlicensed software to create GIFs.  These 
organizations need to be aware that there is some risk of being sued 
for license fees of $5000 or more.  This would be a good time to take 
stock of what software your organization uses to build web site 
graphics.  If your organization is using freeware to develop web site 
graphics, this might be a good time to switch to one of the less 
costly licensed graphics software programs, like Paint Shop Pro for 
PCs.

But even if your organization isn't at risk, Unisys' decision to 
demand license fees represents a move toward limiting access to 
technology being used for the public good.  Ultimately, this could 
create barriers to the public interest community's use of technology 
as a tool for outreach, organizing, and advocacy.

According to various reports on the Unisys initiative, web sites that 
would be required to pay a license fee include "billboard" sites that 
are:

** Fully open to the general public without cost or restrictions on access.

** Does not display third-party advertising.

** Does not require membership, access codes, passwords, or a 
business relationship to gain access to any portion of the web site.

** Does not provide for online ordering or purchase of goods or 
services via the web site.

Many nonprofit organizations operate web sites that meet this definition.

There are some alternatives for organizations that want to switch to 
something other than the GIF format.  The best option at this time is 
the .JPG (also referred to as .JPEG)  But the .JPG format doesn't 
allow for transparent backgrounds or animation.

Another alternative is .PNG (pronounced 
PING)<http://graphicwiz.com/png/>.  While it may eventually prove to 
be very useful, at present this format is limited because it isn't 
supported by many browsers.  It is somewhat usable with Netscape & IE 
4.x & higher, and will be supported in future releases.  MNG 
(pronounced MING) is a related technology that supports animations. 
It doesn't work with  4.x level browsers but will be supported in 
future releases.

For more on this issue see: 
<http://lpf.ai.mit.edu/Patents/Gif/Gif.html> and 
<http://burnallgifs.org/>.  For Unisys' perspective, see:
<http://corp2.unisys.com/LeadStory/lzw-license.html> and
<http://corp2.unisys.com/LeadStory/lzw-license-def.html>.

-phm