Adobe DNG License

[ClickCardo]

I do not know a lot about DNG yet other than what I've read in Peter's excellent DAM Book and this website.  I just read Adobe's license spec on their website, and while I'm not a lawyer, it does not seem to preclude Adobe from charging for their license to use DNG at some future date.  Is this understanding incorrect and if so can someone explain to me why?  If that understanding is correct it does not seem DNG can truly be considered open to use.

[peterkrogh]

I'm not a lawyer, but I heard Kevin Connor describe that as not possible, since it has already been opened up.
I would assume it's modeled on the TIFF license, which Adobe also owns, but I don't know for sure.
can you copy the specific language here?
Peter

[ClickCardo]

Peter

Thanks for the interest in this question.  Adobe's entire online DNG license I copied from their website completely using CTRL-C and it is pasted below the dotted line, excuse the pun, here.

Seems to me the most important thing what it DOES NOT SAY, i.e. they cannot change the license or cannot charge for it's use at a later date.  Perhaps the WHENEVER clause in the ESSENTIAL CLAIMS section means that, but I do not think it's rock solid.  I'm brand new to Photoshop and do not know it's history, but I do remember reading on some forum that Adobe's PSD format used to be open then they closed it off.  I'm most interested in what your thoughts are regarding the previous points.

Rich

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Digital Negative (DNG) Specification Patent License

Adobe is the publisher of the Digital Negative (DNG) Specification describing an image file format for storing camera raw information used in a wide range of hardware and software. Adobe provides the DNG Specification to the public for the purpose of encouraging implementation of this file format in a compliant manner. This document is a patent license granted by Adobe to individuals and organizations that desire to develop, market and/or distribute hardware and software that reads and/or writes image files compliant with the DNG Specification.
Grant of Rights

Subject to the terms below and solely to permit the reading and writing of image files that comply with the DNG Specification, Adobe hereby grants all individuals and organizations the worldwide, royalty-free, non-transferable, non-exclusive right under all Essential Claims to make, have made, use, sell, import and distribute Compliant Implementations.

“Compliant Implementation” means a portion of a software or hardware product that reads or writes computer files compliant with the DNG Specification.

“DNG Specification” means any version of the Adobe Digital Negative (DNG) Specification made publicly available by Adobe (e.g., version 1.0.0.0 dated September 2004).

“Essential Claim” means a claim of a patent, whenever and wherever issued, that Adobe has the right to license without payment of royalty or other fee that is unavoidably infringed by implementation of the DNG Specification. A claim is unavoidably infringed by the DNG Specification only when it is not possible to avoid infringing when conforming with such specification because there is no technically possible non-infringing alternative for achieving such conformity. Essential Claim does not include a claim that is infringed by implementation of (a) enabling technology that may be necessary to make or use any product or portion thereof that complies with the DNG Specification but is not itself expressly set forth in the DNG Specification (e.g., compiler technology and basic operating system technology), (b) technology developed elsewhere and merely incorporated by reference in the DNG Specification or (c) the implementation of file formats other than DNG.
Revocation

Adobe may revoke the rights granted above to any individual or organizational licensee in the event that such licensee or its affiliates brings any patent action against Adobe or its affiliates related to the reading or writing of files that comply with the DNG Specification.

Notice Any Compliant Implementation distributed under this license must include the following notice displayed in a prominent manner within its source code and documentation. “This product includes DNG technology under license by Adobe Systems Incorporated.” More information may be found at: http://www.adobe.com/products/dng/
No Warranty

The rights granted herein are provided on an AS-IS basis without warranty of any kind, including warranty of title or non-infringement. Nothing in this license shall be construed as (a) requiring the maintenance of any patent, (b) a warranty or representation as to the validity or scope of any patent, (c) a warranty or representation that any product or service will be free from infringement of any patent, (d) an agreement to bring or prosecute actions against any infringers of any patent or (e) conferring any right or license under any patent claim other than Essential Claims.
Reservation of Rights

All rights not expressly granted herein are reserved.

[peterkrogh]

Rich,

Unless your law school training suggests otherwise, I'm pretty sure that this cannot be revoked except for reasons outlined in the license.  I do not believe that this egg can be unscrambled.

Adobe as a corporate entity has a strong history of being very comfortable competing in an open environment.  Witness the fact that all the people squawking about Adobe's "format grab" or whatever they call it ALL PREFER A FORMAT ALSO OWNED BY ADOBE.

If this bothers you , I'd suggest you save all your RAW files as non-layered TIFF or JPEG files, never trust PSD, and don't rely on NEF.  With the exception of NEF (which has a much higher likelihood of becoming proprietarily orphaned) all the other formats carry the same or greater risk as DNG.


>This document is a patent license granted by Adobe to individuals and organizations that desire to develop, market and/or distribute hardware and software that reads and/or writes image files compliant with the DNG Specification.
Subject to the terms below and solely to permit the reading and writing of image files that comply with the DNG Specification, Adobe hereby grants all individuals and organizations the worldwide, royalty-free, non-transferable, non-exclusive right under all Essential Claims to make, have made, use, sell, import and distribute Compliant Implementations.

Peter