Will Flash Be Taken Off The Shelf?
bugninja writes "According to an article at News.com, Adobe wins 2.8M from Macromedia today for using some patented interface stuff in Flash. But this isn't the end, further legal battles could require that Flash be removed from Macromedia's list of "products for sale". We may not all be Flash lovers, but is it right to take a good product away from so many people who really do like it just because another company's product isn't taking over the market like they hoped it would?"
Update: 05/03 13:29 GMT by J : Speaking of Flash, yesterday eEye discovered
a very serious security hole
in the version of Flash distributed with most copies of Windows. Go
download
the fixed release.
if everyone's response to Adobe will be as vehement as if Microsoft did it...
Your actions on earth echo in eternity.
How are tabbed palettes patented? That is totally inane! From the article: 'alleging that the user interface of Macromedia's Flash Web animation tool infringed on Adobe's patent for "tabbed palettes," a feature that allows users of design software to rearrange the work space on the PC screen.'
FoundNews.com - get paid to blog.,
my favorite quote from Philip and Alex's Guide to Web Publishing
-- @rjamestaylor on Ello
Unfortunately, this doesn't seem to be the case. The patent is over "tabbed palettes", a type of user interface design. So it's not an invention, just a ludicrous software patent.
Many years ago, Apple tried to sue Microsoft for copyright infringement over their user-interface. Had they (ab)used the patent system instead, they might have won, and there would be no Windows.
from Macromedia today for using some patented interface stuff in Flash
One would assume there is prior use for tabbed palettes (which is the interface stuff the mentioned in the article). Adobe has been around for a long time, but I don't see how they can basically patent tabs
Apple sues Microsoft over "the close button in the upper corner of the window."
What's next, the icon? Are the tabs in Mozilla in violation? The concept of "tabs" in "windows" no matter if you call them "palettes" or not, was part of the Windows API as long as I can remember.
I know that on Adult Swim, "Home Movies" started using flash for their animation this season and it is wonderful, actually many of the Adult Swim Comedy block use flash if I'm not mistaken.
This is really a shame, I hope a new version is available soon.
Chicago2600.net more than a lifestyle, its a survival trait.
Flash is a tool. Many (perhaps all) tools can be abused. Saying that Flash is bad because too many monkeys use it in ways that are totally inappropriate is like saying e-mail is bad because too many monkeys use it for spam (i.e., a way that is totally inappropriate).
No Laughing Allowed!
This is the equivalent of a car company patenting their cup holders and suing any other manufacturer who put them in. Who's the real loser in the end? As Macromedia CEO Rob Burgess points out, "Ultimately, it is our customers, and particularly our mutual customers, that will be harmed." Yup, half of us wind up with burnt, coffee-stained crotches.
So what, now no software developer can include tabbed palettes? Wouldn't it be nice if Adobe said "Hey, Macromedia, you've used one of our ideas, but that's alright, we'll use one of your ideas, and both our products will be the better for it." No more can people stand on the shoulders of giants. Today, you have to stand on your tiptoes. Either that, or knock everyone else down.
Well Adobe, for 2.8m, you've impeded the progress of software development, created enemies, and left your customers with a bad taste in their mouths. And you know what? I bet a lot of people will feel a lot less bad about pirating your software after this. I hope it was worth it.
c-hack.com |
Oops, they've already done just that.
I wonder how this would affect Flash MX. It doesn't feature the UI elements that Adobe claims to have invented. (And thank the gods for that, I hate tabbed palettes as much as most of you Slashdotters hate the Flash plugin itself.) Would Macromedia only have to pull Flash versions 5 and earlier off the shelves?
What a waste of resources such lawsuits are. Companies squabbling like children, running complaining to mommy and daddy every time one of them has any kind of problem. Grow up or go to bed without any supper, I say!
. A key part of having a patent is defending it. If Adobe fails to defend their patents, they'll lose them.
Bzzzt. Try again. This is true for Trademarks but not Patents or Copyright.
Maybe I would if a program could produce SVG and JavaScript to do the same stuff as Flash, and as good as Flash. Also a new plug-in would be needed.
Not likely to happen anytime soon, if ever. Plus if it did, Flash would still be better in most ways.
From Adobe's FAQ at http://www.adobe.com/adobefacts/faq.html#Q11 they are not claiming to have a patent on all tabbed palettes but only on those that can be customized, separated, and reorganized by users. Also for all those who say Adobe is claiming a patent in tabs in general check out Question 17 on the FAQ. Lastly check out the pictures that Adobe has on the site showing the problems...I bet the court took on look at those and had a lot of questions. Daniel BTW Now whether this patent should have been issued is a whole different matter and I am sure that others will cover it.
"...but is it right to take a good product away from so many people who really do like it just because another company's product isn't taking over the market like they hoped it would?"
Suddenly, 'Internet Explorer' comes to mind, looking from an average Joe Windowsuser POV.
Never underestimate the relief of true separation of Religion and State.
I think the most useful thing anyone has ever implemented in "Flash" is the "Bypass Flash intro" button...
-- Terry
...and this is coming from someone who just spent several hours learning all about the painful ins & outs of cross-platform/cross-browser Flash player plug-in detection...
/. are confusing the abuse of a general purpose tool (with some flaws that are being corrected) with the "dastardly deeds" done with it.
/. usually respond to attacks on general purpose tools that some people are attacking based on a relatively minor domain of applications that they dislike? (hint: CSS, copyable-CDs, PVRs, reverse-engineering tools...) ...Sigh...
For certain applications, Flash works wonderfully _and_ far better than anything else out there. I am thinking in particular of short animations (with or without limited interaction) that can demonstrate ideas/diagrams/or tell a story.
BTW, I work in educational R&D so I see great examples of this stuff used all the time to complement web-based curricula. Sure, it can't be indexed by a search engine, but it's there to _illuminate_ the ideas stated in the text; i.e. to enhance it, not to replace it.
Sure, Flash can be abused (as many advertisers have done, and designers who want to use it as their entire tookit); However, the Flash-haters on
BTW, how does
Yes, most Flash ads suck. And so do 90% of Flash-heavy sites. This problem won't be corrected by removing a particular tool - the crappy designers will just migrate to SVG/Real/WM/etc. Besides, banning/spitting on something disliked is the RIAA/MPAA way of doing things.
If we're such geeks we should be proposing/creating superior tools that are better focused on what Flash is best at, or improving Flash ourselves. Nope, I guess it's just easier to bitch about it.
...because it doesn't use tabbed palettes. Those were introduced in Flash 5, and replaced in MX by a windowish-docking system. I would wager that Macromedia's decision to change the interface in MX was based far more on the lawsuit than on user feedback.
Adobe is seeking an injunction preventing Macromedia from selling "the infringing software" - which is, like I just said, Flash 5. Notice that Macromedia released Flash MX within the last month, and are now going to be actively phasing out their Flash 5 product and pushing MX instead. Is this good timing just a coincidence? You tell me. So what I'm wondering is what Adobe could possibly do to further harm the Flash product line (besides the $2.8mil in damages, of course).
The original Legend of Zelda in Flash MX: a prototype
Experts agree: everything is fine.
How am I gonna watch Osama Bin Laden In a Blender now???
Just because you can mod me down, doesn't mean you're right. Shoes for industry!
That's detachable tabs with build-your-own-palette. Adobe specified early Excel tabbing in their patent as prior art they were deviating from with their own invention.
If these idiots win against Macromedia (plugin required to view this message because format is not open), that will make it easier for them to take on Microsoft next. Their patent does seem rather trivial, though, and you could probably bring it down in flames by pointing out that it's just mimicing real-life paper layouts (ie is not in principle new).
Got time? Spend some of it coding or testing
Actually it's not flash - it's their own package called Live Motion. It produces Flash-compatible graphics and SVG-based anims. SVG is open-source and where Adobe wants to go. Flash is binary and somewhat more constricted and where Macromedia keeps it's cashflow. Adobe wants to kill 2 birds with one stone...
Not saying I was the first one to do it, but I did and I can prove it. That predates the patent by ten years.
I'm old enough to remember when discussions on Slashdot were well informed.
OK. Idea. Let's see what you folks think about this one.
This case has established a precedent that elements of UI design can be copyrighted, lame as this decision is.
Wouldn't this set up the foundation for a lawsuit against Microsoft for ripping the whole WIMP (windows, icons, menus, pointers) paradigm from Apple? Who in turn could get sued by PARC, I think it was?
If my reasoning here is correct, then we'd have a win-win situation; MS is sued and that damn OS is pulled from the shelves, or MS wins the court case and Macromedia gets the Adobe sentence nullified.
Any lawyers skulking about to comment?
Blearf. Blearf, I say.
It's happened already, ask Google about it.
The result was that MS said "well if you fuck with us, we'll fuck with you- drop this or we'll
stop making Office for Macintosh."
Apple bowed under the pressure, and nothing really was made of it.
What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey
I take it your country has no traffic? Some countries do, you know. Us Americans sometimes like to sip coffee while we are zooming along at 2mph on the way to work.
I hear some people also like to purchase beverages from restaurants for later consumption.
This is not a good idea for Adobe since you have to consider who their market is
Flash does something that most other products are NOT able to do. Make interactive sites easy enough for even GRAPHIC developers to create. Most of the people I find that LOVE Flash love it for it's ease of use. All of those people are graphic designers the same people who buy Adobe Photoshop. Adobe has a bad PR hurricane just ready to brew over this if they decide to push for Macromedia to pull Flash
Also, what I find absolutely hilarious is Adobe's Front Page which, of all things, uses Flash
Comment removed based on user account deletion
I hate posting this late in the game on a topic -- I worry no one will read it -- I don't think anyone has made this correlation yet.
I agree that Adobe suing Macromedia for cramping their style is and should be a crock. Adobe is playing the same bullying tactics as another large company.
Take, for example, the Photoshop monopoly. Used to be that if you wanted to bevel or automatically add shadows to items, you had to buy a third-party plug-in. Now those features are built in and have been since 5.5
If you wanted to catalog your images, you had to purchase a third-party app like Extensis Portfolio. Photoshop 7 includes those.
Natural media? Used to need Painter. Now Photoshop 7 has that, too.
And somebody must have come up with the idea of slicing images before Adobe did. Hell, before Macromedia did.
Fortunately for us graphic designers, we will use the right tool for the job. We learn that in school when we have to choose between graphite and charcoal in Design 101. Therefore, companies like Alien Skin, Corel, and Extensis aren't hurt dramatically by Adobe pulling the Microsoft "freedom to innovate" integration game.
But my point is that Adobe steals features from everyone else. It's hypocritical of Adobe to sue someone for stealing their feature. And it proves the ignorance of software patents.
Adobe, a company whose products I use every day to pay my bills, a company whose products I enjoy using, abuses their place in the market. Ahh, the idyllic socialist dreams of nerds...
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Cheese it! It's the FEDS!
they don't have any feed-back that's not related to SELLING their products.
But it did have their address so I'll write something and send it via snailmail.
This patent/copywrong crap is the type of bad corporate citizenship that Microsoft has taught businesses.
I didn't pay for their Adobe Type Manager on my Mac but I WILL write to Apple and suggest that they look for some open source alternative.
This is getting fuckin' ridiculous.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
"We may not all be Flash lovers, but is it right to take a good product away from so many people who really do like it just because another company's product isn't taking over the market like they hoped it would?"
Let's see...
"We may not all be GNOME lovers, but is it right to take away XYZ software from so many people who do like it just because it contains GPL violations?"
"We may not all be Netscape lovers, but is it right to take away Internet Explorer from so many people who do like it just because Microsoft is an abusive monopoly?"
The popularity of a software has no bearing or relevance in this case or any legal case involving its use.
Light a fire for a man and he'll be warm for a day. Light a man on fire and he'll be warm for the rest of his life.