Mar 7, 2011 15:42 GMT  ·  By

The battle between Google and the MPEG LA group took an interesting turn now that the US Department of Justice has taken an interest in the actions of the group. The DoJ is investigating whether the MPEG LA, which moved to create a patent pool for Google's free WebM video format and the accompanying V8 video codec, is not acting to stifle competition. The MPEG LA handles the licensing for a competing codec, H.264.

The battle between the two codecs stems from the integration of video capabilities into HTML5. A HTML5-capable browser should be able to playback video found online.

However, the choice of what video codecs the browsers support was left to the manufacturers since a consensus couldn't be reached.

Apple only supports the proprietary and patent-encumbered H.264, Microsoft does the same, though it offers users the choice of using Google's WebM as well, while Opera and Mozilla only support codecs released under an open license.

Until Google entered the fight, the open-source Ogg Theora was the only other choice. Google released WebM under an open license and the codec is now available for anyone to use and include in their software or websites for free with no strings attached.

The MPEG LA, which is a patent pool group made up and supported by the likes of Apple, Microsoft and quite a few other partners, handles the license fees for H.264.

While the codec is free in some cases, software manufacturers have to pay the group to use the codec, if their products are above a certain popularity level.

Ever since WebM was released, the MPEG LA has hinted that it could form a patent pool for companies and organizations that believe they hold patents relevant for WebM.

Essentially, the creation of this patent pool, would mean that those implementing WebM would be opening themselves to the possibility of being sued by the MPEG LA. Last month, the MPEG LA announced that it will create such a patent pool for WebM.

Now, the Wall Street Journal reports that people inside the DoJ are investigating whether the move is anti-competitive, since it would prevent people from using WebM and rather opt for the competing H.264.

The problem is, under the current patent laws in the US and much of the world, the MPEG LA is well within its rights to go after WebM. Patents are legally offered monopolies on technology, so the ones that feel their patents are being infringed upon in WebM have the law on their side. Competition, in this case, is illegal.