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Source:
http://david.freetype.org/cleartype-patents.html
Further reading:
http://www.freetype.org/freetype2/docs/reference/ft2-lcd_filtering.html
ClearType Patents, FreeType and the Unix Desktop: an explanation
================================================================
David Turner (david at freetype dot org) 2007-06-01
Now that the first Linux distribution has removed LCD-optimized text rendering
from their default build, it's time to explain a few things as well as clarify
the situation.
I. The ClearType patents
========================
I.1. Meet the patents:
----------------------
Microsoft lists no less than 10 patents on their ClearType licensings page. In
case you're interested, the relevant US patents are:
6,219,025 6,239,783 6,307,566
6,225,973 6,243,070 6,393,145
6,421,054 6,282,327 6,624,828
Essentially, these patents cover several different things, grossly sub-divided
into:
* the process of displaying images where data is "mapped" to individual (e.g.
LCD) sub-pixels, instead of whole pixels
* the process of displaying said images after filtering them for various pur-
poses, e.g. reducing color fringes
* the process of dealing with metrics and spacing rounding in a sub-pixel
world
Also, it may be possible that Microsoft acquired other patents related to the
field in the previous years. Who knows
I.2. Patent claims, prior art and validity:
-------------------------------------------
Steve Gibson claims that the technique used by ClearType is a reinvention of a
20-years old thing used on the Apple II. His exact words are "Thus, Microsoft's
'ClearType' application of sub-pixel text rendering does not represent the
dramatic breakthrough that they claim and it can not be the valid subject for
intellectual property acquisition". (emphasis mine).
Unfortunately, Mr. Gibson doesn't understand patent law well. Under the current
US regime, any minor improvement to a previous technique can be considered an
"invention" and "protected" by a patent under the right circumstances (e.g. if
it's not totally trivial), If we look at the first patent, we see that the
Apple II Wozniak patent covering this machine's display technique is listed
first in the patents' citations. This shows that both Microsoft and the patent
examiner who granted the patents were aware of this "prior art".
I'm not trying to defend Microsoft here, just want to avoid feeding false hopes
to people who would want to see the patent revoked.
Another popular view is that these patents are too general to be enforceable.
Well, to be fair, some of the claims in these patents do indeed use rather
vague descriptive terms (even for a patent lawyer or an "expert in the field").
this is absolutely not surprising, it's a direct consequence of how the patent
game works.
I'm not going to cover this in details (there are many interesting pages on the
subject), but will say that even if you invalidate a single patent claim (e.g.
with prior art), that doesn't mean the whole patent is busted. Any other inde-
pendent and dependent claim can still be enforced.
Some of these patents have up to 40 claims. Invalidating them is going to need
serious prior-art. Even if there are also strong chances to invalidate the most
general claims in there. For example, many of the cheap LCD screens on digital
cameras have used a screen where each pixel is either Red, Green or Blue, with
colour images directly mapped to them; they've been doing it for years, even
when displaying text/menus, and this corresponds exactly to what the most gene-
ral claims cover. If we can find a proof that the technique was deployed before
the patent's filing date, we could have valid prior art to bust these.
I.3. Possible Work-arounds:
People have proposed alternatives to the ClearType method. A very good example
is the SubLCD technique, which uses a different way to use the sub-pixels than
Microsoft's ClearType implementation. Its author even says it doesn't infringe
on the ClearType patents.
Unfortunately, I, as the FreeType author, do not share his enthusiasm. the
reason is precisely the very vague patent claims described previously. To me,
there is a non-negligible (even if small) chance, that these claim also cover
the SubLCD technique. The situation would probably be different if we could
invalidate the broader patent claims, but this is not the case currently.
II. FreeType and the Unix desktop
=================================
II.1. Does FreeType implements any of the patented techniques ?:
----------------------------------------------------------------
Technically, no. The patents cover the whole process of generating and display-
ing sub-pixel images. Since the font engine doesn't do the display part, it
cannot infringe. Apart from that, FreeType has provided the capability of con-
verting vector shapes into un-filtered sub-pixel images for a long time, but
this feature isn't used at all in a typical Unix desktop (see next section).
When releasing FreeType 2.3.0, I've made some drastic changes to the font
engine to clarify the situation:
* the scan-line converter has been modified to always return "gray" sub-pixel
images, where each pixel has R=G=B. the result is visually identical to
gray anti-aliasing and cannot infringe on any of the ClearType patents.
* new LCD-specific filtering APIs have been added. However, their default im-
plementation simply returns an error and doesn't alter sub-pixel images.
this means that, with a default FreeType build, even if you use its LCD-specific
APIs, it's no longer possible to generate a patent-infringing sub-pixel image:
the result will always look like "normal" gray anti-aliasing. You can override
this limitation by switching a single define in a configuration file though,
but you should do that at your own risk.
And the reason I did it is because the font engine is used in countless embedded
products, like cell-phones, PDAs, set-top-boxes and even video-games. Even
though the software is provided "AS IS" with no warranty, I prefer to avoid put-
ting its users in legal jeopardy when they download my released code. For Linux
distributions, things are a bit different because packagers routinely patch
upstream packages, but at least that's not my problem or my responsability.
II.2. Impact on Unix desktops:
------------------------------
The latest changes in 2.3.0 do not impact a typical Unix desktop. Because at the
moment all LCD-optimized rendering is normally implemented by two libraries: Xft
and Cairo. And both do all their LCD-specific processing using FreeType's
"normal" (non-LCD-specific) APIs. their implementations differ but produce iden-
tical results.
A common misunderstanding is that OpenSUSE removed LCD-optimized rendering be-
cause of the changes in FreeType. This is not directly true. the real reason is
that they patched Xft and Cairo to either remove their LCD-specific code, or use
the newest FreeType APIs instead. In all cases, I believe that this was the
right thing to do, and I urge other Linux distributions to do the same. Oh,
and I don't think this has anything to do with any Microsoft patent deal.
Conclusion
==========
To make it short: OpenSUSE and Fedora did the right thing by removing any
patent-infringing code, and I hope other Linux distributions will follow. If you
do it for MP3, do it for LCD text.
And it'd be nice if both the upstream Xft and Cairo could use the newest LCD-
specific FreeType APIs. I have even provided patches to do just that a loooong
time ago; for some reason, these have never been integrated by the respective
library maintainers. I hope some day they'll wake up (though my hope is pretty
dim). I suspect that Linux distribution packagers are already applying these
patches though...