Which is the highest court in the trade federation where basic MP3 decoding and technology is patent-free?
The European Court of Justice
The European Court of Justice European Court of Justice Court of Justice
The European Court of Justice
European Court of Justice Court of Justice
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In September 1998, the Fraunhofer Institute sent a letter to several developers of MP3 software stating that a license was required to "distribute and/or sell decoders and/or encoders". The letter claimed that unlicensed products "infringe the patent rights of Fraunhofer and Thomson. To make, sell and/or distribute products using the [MPEG Layer-3] standard and thus our patents, you need to obtain a license under these patents from us."
MP3
European Union law is applied by the courts of member states and the Court of Justice of the European Union. Where the laws of member states provide for lesser rights European Union law can be enforced by the courts of member states. In case of European Union law which should have been transposed into the laws of member states, such as Directives, the European Commission can take proceedings against the member state under the Treaty on the Functioning of the European Union. The European Court of Justice is the highest court able to interpret European Union law. Supplementary sources of European Union law include case law by the Court of Justice, international law and general principles of European Union law.
European Union law
However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the Supreme Courts of several Canadian provinces/territories and the former Supreme Court of Judicature of England and Wales, which are all superseded by higher Courts of Appeal.
Supreme court
Other lossy formats exist. Among these, mp3PRO, AAC, and MP2 are all members of the same technological family as MP3 and depend on roughly similar psychoacoustic models. The Fraunhofer Gesellschaft owns many of the basic patents underlying these formats as well, with others held by Dolby Labs, Sony, Thomson Consumer Electronics, and AT&T.
MP3
In Hong Kong, the Supreme Court of Hong Kong (now known as the High Court of Hong Kong) was the final court of appeal during its colonial times which ended with transfer of sovereignty in 1997. The final adjudication power, as in any other British Colonies, rested with the Judicial Committee of the Privy Council (JCPC) in London, United Kingdom. Now the power of final adjudication is vested in the Court of Final Appeal created in 1997. Under the Basic Law, its constitution, the territory remains a common law jurisdiction. Consequently, judges from other common law jurisdictions (including England and Wales) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law. On the other hand, the power of interpretation of the Basic Law itself is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing (without retroactive effect), and the courts are authorised to interpret the Basic Law when trying cases, in accordance with Article 158 of the Basic Law. This arrangement became controversial in light of the right of abode issue in 1999, raising concerns for judicial independence.
Supreme court
However, several de facto standards for tag formats exist. As of 2010, the most widespread are ID3v1 and ID3v2, and the more recently introduced APEv2. These tags are normally embedded at the beginning or end of MP3 files, separate from the actual MP3 frame data. MP3 decoders either extract information from the tags, or just treat them as ignorable, non-MP3 junk data.
MP3
The United States District Court for the District of Alaska (in case citations, D. Alaska) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
United States District Court for the District of Alaska
A more sophisticated MP3 encoder can produce variable bitrate audio. MPEG audio may use bitrate switching on a per-frame basis, but only layer III decoders must support it. VBR is used when the goal is to achieve a fixed level of quality. The final file size of a VBR encoding is less predictable than with constant bitrate. Average bitrate is VBR implemented as a compromise between the two: the bitrate is allowed to vary for more consistent quality, but is controlled to remain near an average value chosen by the user, for predictable file sizes. Although an MP3 decoder must support VBR to be standards compliant, historically some decoders have bugs with VBR decoding, particularly before VBR encoders became widespread.
MP3
Nakamura was awarded the 2006 Millennium Technology Prize for his invention. Nakamura, Hiroshi Amano and Isamu Akasaki were awarded the Nobel Prize in Physics in 2014 for the invention of the blue LED. In 2015, a US court ruled that three companies (i.e. the litigants who had not previously settled out of court) that had licensed Mr. Nakamura's patents for production in the United States had infringed Dr. Moustakas's prior patent, and order them to pay licensing fees of not less than 13 million USD.
Light-emitting diode
The basic MP3 decoding and encoding technology is patent-free in the European Union, all patents having expired there. In the United States, the technology will be substantially patent-free on 31 December 2017 (see below). The majority of MP3 patents expired in the US between 2007 and 2015.
MP3
Non-standard bit rates up to 640 kbit/s can be achieved with the LAME encoder and the freeformat option, although few MP3 players can play those files. According to the ISO standard, decoders are only required to be able to decode streams up to 320 kbit/s.
MP3
Israel has a three-tier court system. At the lowest level are magistrate courts, situated in most cities across the country. Above them are district courts, serving as both appellate courts and courts of first instance; they are situated in five of Israel's six districts. The third and highest tier is the Supreme Court, located in Jerusalem; it serves a dual role as the highest court of appeals and the High Court of Justice. In the latter role, the Supreme Court rules as a court of first instance, allowing individuals, both citizens and non-citizens, to petition against the decisions of state authorities. Although Israel supports the goals of the International Criminal Court, it has not ratified the Rome Statute, citing concerns about the ability of the court to remain free from political impartiality.
Israel
In February 2007, Texas MP3 Technologies sued Apple, Samsung Electronics and Sandisk in eastern Texas federal court, claiming infringement of a portable MP3 player patent that Texas MP3 said it had been assigned. Apple, Samsung, and Sandisk all settled the claims against them in January 2009.
MP3
The United States District Court for the Northern District of Florida (in case citations, N.D. Fla.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
United States District Court for the Northern District of Florida
The Indian High Courts Act of 1861 (24 & 25 Vict. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1865. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The Act was passed after the Indian Rebellion of 1857 and consolidated the parallel legal system of the Crown and the East India Company.
Indian High Courts Act 1861
In September 2006, German officials seized MP3 players from SanDisk's booth at the IFA show in Berlin after an Italian patents firm won an injunction on behalf of Sisvel against SanDisk in a dispute over licensing rights. The injunction was later reversed by a Berlin judge, but that reversal was in turn blocked the same day by another judge from the same court, "bringing the Patent Wild West to Germany" in the words of one commentator.
MP3
An exception is the United States, where patents filed prior to 8 June 1995 expire 17 years after the publication date of the patent, but application extensions make it possible for a patent to issue much later than normally expected (see submarine patents). The various MP3-related patents expire on dates ranging from 2007 to 2017 in the U.S. Patents filed for anything disclosed in ISO CD 11172 a year or more after its publication are questionable. If only the known MP3 patents filed by December 1992 are considered, then MP3 decoding has been patent-free in the US since 22 September 2015 when U.S. Patent 5,812,672 expired which had a PCT filing in October 1992. If the longest-running patent mentioned in the aforementioned references is taken as a measure, then the MP3 technology will be patent-free in the United States on 30 December 2017 when U.S. Patent 5,703,999, held by the Fraunhofer-Gesellschaft and administered by Technicolor, expires.
MP3
On February 17, 2010, the Court of Cassation, the highest court in France, ordered a re-trial of the five men.
Mourad Benchellali
Sisvel S.p.A. and its U.S. subsidiary Audio MPEG, Inc. previously sued Thomson for patent infringement on MP3 technology, but those disputes were resolved in November 2005 with Sisvel granting Thomson a license to their patents. Motorola followed soon after, and signed with Sisvel to license MP3-related patents in December 2005. Except for three patents, the US patents administered by Sisvel had all expired in 2015, however (the exceptions are: U.S. Patent 5,878,080, expires February 2017, U.S. Patent 5,850,456, expires February 2017 and U.S. Patent 5,960,037, expires 9. April 2017.
MP3
The Supreme Court of Puerto Rico — (TSPR)— is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme courts of the states of the United States; being the Supreme Court of Puerto Rico the highest state court and the court of last resort in Puerto Rico. Article V of the Constitution of Puerto Rico vests the judicial power in the Supreme Court—which by its nature forms the judicial branch of the government of Puerto Rico. The Supreme Court holds its sessions in San Juan.
Supreme Court of Puerto Rico
Which is the highest court in the trade federation where basic MP3 decoding and technology is patent-free?
European Union
Where is the basic MP3 decoding and technology patent free?
The European Court of Justice
Which court is the highest court in #1 ?