Slashdot Mirror


Can Lotus Notes R3 Prior Art Save The Browser?

theodp writes "Apparently stunned by the implications of Eolas vs Microsoft, Ray Ozzie of Lotus Notes and Groove fame offers up Notes R3 as prior art for the notorious Eolas patent. To bolster his argument, Ozzie used the Notes R3 feature set to recreate a scenario close to what was described in the patent. After the hard part of putting together a Notes R3 computing environment that included MS-DOS 6.22, Windows for Workgroups 3.11, and a circa-1993 copy of Excel 5.0 obtained from eBay, it only took Ozzie about 15 minutes to knock out a demo without any programming using the out-of-the-box UI of Notes and Excel."

522 comments

  1. Nuts by malus · · Score: 4, Interesting

    I was really hoping this suit would make for a better IE.

    1. Re:Nuts by Daniel_Staal · · Score: 4, Insightful
      I was really hoping this suit would make for a better IE.


      How? The suit said that a browser that allowed you to open a page that needed a helper program to render/show content was not possible without licensing the patent. That means any plugins would be not allowed. Ok, that stops a couple of security holes, at least somewhat, but it means Java, Flash, QuickTime, etc. are no longer available.

      MS could do two things once they accept the patent as valid: they could strip out all possibility of plugins for IE, or they could license the patent. As a quick guess, I'd say the latter would be easier. (And would put projects such as Mozilla is a bind, since they are not likely to be able to raise the money to pay for a license.)

      (Quick conspirisary theory: If you assume MS could have come up with prior art, they might 'agree' to loose, if it meant they would have 'minor' license fees but there would be no other licenses, thereby driving out all their competition. Slightly over-paranoid, but it is MS...)
      --
      'Sensible' is a curse word.
    2. Re:Nuts by Anonymous Coward · · Score: 0

      You actually think a patent lawsuit will improve the quality of products? Just wait until the Mozilla team is sued.

    3. Re:Nuts by blibbleblobble · · Score: 1

      "(Quick conspirisary theory: If you assume MS could have come up with prior art, they might 'agree' to loose, if it meant they would have 'minor' license fees but there would be no other licenses, thereby driving out all their competition. Slightly over-paranoid, but it is MS...)"

      Given that
      (a) Free Software can't (by definition) pay patent-licensing fees for anything
      (b) Microsoft's main competition is from Free Software

      doesn't seem so unlikely, eh?

    4. Re:Nuts by Vargasan · · Score: 1

      "Ok, that stops a couple of security holes, at least somewhat, but it means Java, Flash, QuickTime, etc. are no longer available."

      Where is the downside?
      Other than the fact that lots of web designers will have to actually learn something then just punch out another garbage Flash page.

      Wait... that's not a downside, either.

      --
      Putting the romance back into necromancer.
    5. Re:Nuts by DickBreath · · Score: 4, Funny

      Where is the downside?

      Here's one. Microsoft did say that they were not releasing a stand alone IE 7, that IE 6 was the last, right?

      Microsoft Internet Exploder 666.NET! It has many new cool proprietary features. Its advanced features are tightly integrated to the powerful graphics, sound, multimedia, and DRM features of Windows! And this is all accomplished using proprietary code integrated into IE 666 without any of the patent-infringing plug in's that other evil infringing browsers are using.

      Now meet... FrontPage 666.NET! Its advanced features are tightly integrated to IE 666.NET. Its wizards allow you to quickly and easily turn out glossy, glitzy, brightly colored, blinking, twitching, jumping, scrolling, seizure inducing web pages in an instant! The FrontPage 666.NET server extension component only runs in Windows servers, but it allows your FrontPage 666 pages to track which IE 666.NET users are seeing your pages, how long they stay, what links they read, even what parts of the page they scroll to or resize the window to cover up!

      We're sure you'll agree that replacing your Apache servers with Windows, in order to run the FrontPage 666 extensions will be worth it.

      Clippy: It looks like you're trying to write a web page. Would you like me to help you make it sound like you know what you are talking about?

      --

      I'll see your senator, and I'll raise you two judges.
    6. Re:Nuts by ScrewMaster · · Score: 1

      Not at all over-paranoid nor is it a conspiracy theory. If your supposition were true, this is just the kind of business practice that got Microsoft in trouble with the Justice Department in the first place. No surprise there. And the fact that Microsoft couldn't find any "prior art" (given that there is plenty of it, both from within Microsoft and without) is highly suspicious, to say the least. And here we all thought the browser wars were over.

      --
      The higher the technology, the sharper that two-edged sword.
    7. Re:Nuts by Keeper · · Score: 1

      Microsoft spent a lot of money to buy all of the technology they originally liscensed to build IE back in the mid-late 90's so that they could distribute IE for free (having to pay a liscense fee for each browser, then distributing it for free, would have been considered predatory practices or somesuch).

      They would much rather work around the patent and strip all patented functionality out of IE (they've demonstrated this desire in the past anyway).

    8. Re:Nuts by Anonymous Coward · · Score: 0
      Don't you read Cringely?

      Eolas has said that they will not license their patent to Microsoft. Instead, they plan to build an Internet operating system. Microsoft has no choice.

    9. Re:Nuts by Daniel_Staal · · Score: 2, Insightful

      Sorry, didn't read that article.

      Of course, there is the third choice: just buy Eolas. I'm fairly sure MS has the cash, if it wants it.

      --
      'Sensible' is a curse word.
    10. Re:Nuts by weileong · · Score: 1

      you can't buy if the owner doesn't want to sell... if Cringely is right (or rather, if Eolas is serious re: what they said to Cringely) - then MS has very few options available. Perhaps the stated willingness to strip out the functionality (unless it's posturing), is a sign of this - they tried to buy and failed.

      I guess we may well find out if the statement "every man has his price" is true. If Eolas sells in the end... .

    11. Re:Nuts by Anonymous Coward · · Score: 0

      No, Microsoft did find prior art.. they were just not allowed (in a poor decision by the judge) to present it.

  2. Meh. by dosius · · Score: 0, Flamebait

    I'd take anything that would serve as prior art. Software patents are teh sux and they have to go. FP?

    -uso.

    --
    What you hear in the ear, preach from the rooftop Matthew 10.27b
  3. Hmmmm, this could be good for microsoft. by TekReggard · · Score: 1, Interesting

    This could be good for Microsoft, which in some ways is a bummer. But if Eolas was intending to carry over this suit to other browsers, than it could be good for everyone. Although in the end I was still hoping to see Microsoft crash and burn for something.

    1. Re:Hmmmm, this could be good for microsoft. by stemcell · · Score: 4, Insightful

      microsoft wouldn't crash and burn for this, they've got plenty cash to buy top lawyers to defend them.

      We should be grateful that this protects other browsers - because that's who Eolas will be after next.

      Stemmo

    2. Re:Hmmmm, this could be good for microsoft. by k98sven · · Score: 1

      But if Eolas was intending to carry over this suit to other browsers, than it could be good for everyone. Although in the end I was still hoping to see Microsoft crash and burn for something.

      I think it's the InterTrust suit you want to be hoping for in that case.. I don't think Linux is vunerable to patents on DRM technology.

    3. Re:Hmmmm, this could be good for microsoft. by frission · · Score: 2, Insightful

      I actually don't think it would matter if the suit followed to other browsers...as you well know, a lot of the way companies work (that make plug-ins, or any other for that matter) would make sure that the new version of the plug-in would work in IE FIRST, and then maybe if they had time, they'd make it work for everyone else. So, in the end, the other browsers would probably have to change the way they accept plug-ins as well anyway, so that it'd be easier for plugin-makers to port it.

    4. Re:Hmmmm, this could be good for microsoft. by malfunct · · Score: 1

      More to the point they have plenty of cash to figure out a different way to accomplish the same goal. In fact an earlier /. post said that they already had a couple ideas of things to try if they lost the patent case.

      --

      "You can now flame me, I am full of love,"

    5. Re:Hmmmm, this could be good for microsoft. by Surak · · Score: 1

      Why should have mixed emotions on this?

      Just because Eolas is going after Microsoft doesn't mean that Eolas' patent doesn't hurt the WHOLE industry, including FOSS. Apple, The Mozilla Foundation, Opera Software, and the KDE Foundation all make software that violates the Eolas patent. And there are more, but these are the big ones.

      Don't be so quick to be like "yay, Eolas!" just because it's Microsoft. Stuff that's bad for Microsoft isn't necessarily good for Open Source.

    6. Re:Hmmmm, this could be good for microsoft. by JaredOfEuropa · · Score: 2, Insightful
      This could be good for Microsoft, which in some ways is a bummer. But if Eolas was intending to carry over this suit to other browsers, than it could be good for everyone. Although in the end I was still hoping to see Microsoft crash and burn for something.


      I'm not for Microsoft or Eolas, nor am I against them in this case.

      What I resent is this whole sordid litigious mess, the colossal waste of effort and money to get these cases sorted, and lawyers getting richer over a silly issue.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  4. Ray's trolling for a payoff from Microsoft... by Anonymous Coward · · Score: 0

    Not that I wouldn't do the same thing given the dollar amount involved...

    1. Re:Ray's trolling for a payoff from Microsoft... by WindBourne · · Score: 0

      Not likely. Just that write up and MS's ability to do the same is prior art.
      Personally, I wish that ray would have waited until AFTER MS settled.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:Ray's trolling for a payoff from Microsoft... by Anonymous Coward · · Score: 0

      Ray's a goat-fucker. But a smelly one.

      But some of you guys are turned on by that kind of stuff.

  5. Don't do it oz man by Cylix · · Score: 1


    A thousand or so of these half million dollar lawsuits are all that is needed to take down such a large corporation.

    Given current trends, I wonder how unlikely this is...

    Like the apes say, "oh shit, spaceballs, there goes the planet"

    --
    "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    1. Re:Don't do it oz man by DrEldarion · · Score: 3, Insightful

      Yes, because no matter how ridiculous the lawsuit is, if it's against someone you don't like, it's perfectly fine!

      -- Dr. Eldarion --

    2. Re:Don't do it oz man by msgmonkey · · Score: 2, Insightful

      As much as I may not like Microsoft I have more of a problem with software patents. Do you think people looking to make a buck would stop at them? If you had thousands of cases like this going on it would be the end of the software industry.

    3. Re:Don't do it oz man by Cylix · · Score: 2, Funny

      I like your thinking...

      You are most definately not new here.

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    4. Re:Don't do it oz man by CausticWindow · · Score: 1

      The result justify the mean?

      --
      How small a thought it takes to fill a whole life
    5. Re:Don't do it oz man by naasking · · Score: 0, Redundant

      "In Germany, they came first for the Communists, and I didn't speak up because I wasn't a Communist.
      Then they came for the Jews, and I didn't speak up because I wasn't a Jew.
      Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist.
      Then they came for the Catholics, and I didn't speak up because I was a Protestant
      Then they came for me -- and by that time no one was left to speak up."
      ~ Pastor Martin Niemolle ~

    6. Re:Don't do it oz man by saden1 · · Score: 2, Funny

      Sun Tzu's old adage of the enemy of your enemy is my friend always applies, but in this case we know the enemy of your enemy will be tunning on you soon which is why you should strike down all your enemies and potential enemies as soon as possible.

      Microsoft crashing and burning along with Eolas is fine by me.

      --

      -----
      One is born into aristocracy, but mediocrity can only be achieved through hard work.
    7. Re:Don't do it oz man by michael_cain · · Score: 5, Insightful
      A thousand or so of these half million dollar lawsuits are all that is needed to take down such a large corporation.
      A thousand or so of these lawsuits are all that is needed to block everyone except large corporations out of the software development business. At some point, there will be enough software patents that it will be, literally, impossible to write any reasonably complicated piece of code without infringing on one or more of them. If this case holds up on appeal, no one can use plugins in this fashion without paying royalties until the patent expires.

      The situation may well be like the electronics industry in the 1950s and 1960s -- a few large corporations with extensive circuit patent portfolios built all the electronic devices, and avoided patent lawsuits by cross-licensing the portfolios back and forth. But little guys without a portfolio were effectively locked out. They couldn't afford to license the patented circuits they needed individually.

      If this becomes the established practice, Microsoft and IBM and Sun and a few other companies will be able to write software "legally", but no one else will. I believe that RMS has written repeatedly that software patents have the potential to destroy the open-source software community.

    8. Re:Don't do it oz man by ralphus · · Score: 1

      moderator. Read parent. mark insightful. nuff said.

      --
      Revolutions are never about freedom or justice. They're about who's going to be top dog. -- Kilgore Trout
    9. Re:Don't do it oz man by Anonymous Coward · · Score: 0

      When they come for the Godwin-compliant trolls, I am sure not going to speak up.

    10. Re:Don't do it oz man by ScrewMaster · · Score: 1

      Not very. If it starts to look like Microsoft is in that kind of trouble they'll simply buy themselves an exclusionary law to get themselves protected as a "national resource" or some other such drivel.

      --
      The higher the technology, the sharper that two-edged sword.
    11. Re:Don't do it oz man by jaoswald · · Score: 1

      The situation may well be like the electronics industry in the 1950s and 1960s -- a few large corporations with extensive circuit patent portfolios built all the electronic devices, and avoided patent lawsuits by cross-licensing the portfolios back and forth. But little guys without a portfolio were effectively locked out. They couldn't afford to license the patented circuits they needed individually.

      And, as we all know, that destroyed the electronics industry so it is now as dead as the buggy whip industry, a pale shell of what it might have been...

      Oh, wait, the electronics industry grew faster and larger than any other technological area with the possible exception of aerospace. And was largely responsible for the success of the "space" part of aerospace.

      Perhaps large patent portfolios are a symptom of an area that has such vast potential for innovation that even large companies cannot possibly control it all, rather than a symptom of large companies taking control of a finite, slowly growing field.

    12. Re:Don't do it oz man by michael_cain · · Score: 1

      Indeed, electronics (in particular, semiconductors and integrated circuits) did eventually explode, making very substantial changes in all parts of our lives. However, there was a lengthy period when it was controlled by that small number of large companies and such innovation did not occur. I would not like to see a 20-year period where software is controlled by a handful of companies before breaking free again.

    13. Re:Don't do it oz man by Anonymous Coward · · Score: 0

      Is life really too important to say "I don't want to win that way"?

  6. You got the magnitudes wrong by CrystalFalcon · · Score: 4, Interesting

    It's a half BILLION dollar lawsuit.

    $500M, not $500k.

    Specifically, 521 million dollars.

    Something tells me Eolas broke out the champagne after that verdict...

    1. Re:You got the magnitudes wrong by SILIZIUMM · · Score: 5, Funny

      yeah but why billions when we can have... millions ?

    2. Re:You got the magnitudes wrong by Cylix · · Score: 0, Offtopic

      You actually took the time to read the article?

      You must be new here.

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    3. Re:You got the magnitudes wrong by AKnightCowboy · · Score: 1
      Something tells me Eolas broke out the champagne after that verdict...

      Meanwhile, Microsoft shrugged and pulled the money out of petty cash.

    4. Re:You got the magnitudes wrong by Noke · · Score: 1

      ... But the lawyers get $520,999,998.25 while Eolas gets $1.75

      Isn't that how it works?

    5. Re:You got the magnitudes wrong by CrystalFalcon · · Score: 1

      Probably. And that $1.75 is a rebate coupon towards their next case with that law firm...

      I love some parts about the American economy, but only because I'm not American. :-)

    6. Re:You got the magnitudes wrong by ScrewMaster · · Score: 2, Funny

      Yes, but drinking alone is generally considered a bad sign.

      --
      The higher the technology, the sharper that two-edged sword.
    7. Re:You got the magnitudes wrong by rhiorg · · Score: 1

      Unless you're in the UK, then it's only half a thousand million dollars.

      And it wouldn't be dollars.

      It would be rubles or piastres or drachmas or whatever they use over there.

  7. Such a problem by www.sorehands.com · · Score: 4, Insightful
    For you who hate Microsoft and hate the abuse of patents, do you know which side to take?


    Keep in mind, that if Microsoft is screwed over with abuse of a patent, you might be next.


    Same thing with the abuse of any right or law. Keep in mind when the law is abused or a right trampled on, even for a good cause, the next time it may not be a good cause or it could be you that is being abused.

    1. Re:Such a problem by mukund · · Score: 4, Insightful

      This is a very good argument.

      I don't like the way they do their business.

      Microsoft may have done a lot of bad things, but this patent applies to every browser out there. They are fighting, trying to find a way. It is a better idea to support this fight.

      --
      Banu
    2. Re:Such a problem by gl4ss · · Score: 2

      what's with this sidetaking?

      is it really important to take sides on something you don't really have any part in?

      the classical "with us or against us" argument? or is slashdot just a huge mtv yes/no sms text show??

      i'm not going to take any sides, ms certainly isn't doing it for freedom of innovation and neither is the other party. and certainly my sidetaking isn't going to make a difference in this(and if it did, wtf, did i just become a judge in court of law)!

      i can hope though that ms gets smacked hard and after that the patent is deemed ineffective in any other case.

      --
      world was created 5 seconds before this post as it is.
    3. Re:Such a problem by floop · · Score: 1

      Live by the sword, die by the sword. I have little sympathy.

    4. Re:Such a problem by DickBreath · · Score: 2, Interesting

      Keep in mind, that if Microsoft is screwed over with abuse of a patent, you might be next.

      I disagree. In fact, I would argue quite the opposite.

      So there is no doubt, let me be clear. If Microsoft is screwed over by abuse of a patent, then you might never get screwed by patent abuse.

      Here on my planet, the government will do anything to protect poor Microsoft. Anything that is bad for Microsoft must be bad for everyone else too. Anything that hurts Microsoft could cripple the economy. Maybe the economy of the world. Technological innovation would stop. In fact, civilization as we know it could come to an end.

      So the argument goes. (Please do not interpret anything in the previous paragraph as being my point of view, because it decidedly is _not_.)

      Now those whose IQ is higher than their Karma should be able to connect the dots together.

      We can moan on Slashdot forever about the broken patent system. But let an upstanding, shining example of true American greed...er..um... values such as Microsoft get screwed by patent abuse, and maybe something will happen to reform the broken patent system.

      --

      I'll see your senator, and I'll raise you two judges.
    5. Re:Such a problem by Anonymous Coward · · Score: 0

      Do you have any sympathy for Mozilla?

    6. Re:Such a problem by DickBreath · · Score: 1
      i can hope though that ms gets smacked hard and after that the patent is deemed ineffective in any other case.

      Well, we can certianly hope.

      Maybe a better outcome is...
      1. Microsoft gets smacked hard
      2. Patent system gets fixed -- not individual patent being invalidated
      3. Profit !!

      the classical "with us or against us" argument? or is slashdot just a huge mtv yes/no sms text show??

      You don't buy Dubya's "with us or against us argument"? Hmmm. Must be one of the terrorists.
      --

      I'll see your senator, and I'll raise you two judges.
    7. Re:Such a problem by ScrewMaster · · Score: 1

      I couldn't agree more. For example, I don't smoke (being exposted to the stuff makes me physically ill), but I'm opposed the Draconian measures being taken against smokers in many states.

      Agreeing to the abuse of a law (and those subject to that law) because it happens to be convenient for you is a mistake. If something is just, well, wrong then it should be treated as such regardless of who is being penalized for it.

      --
      The higher the technology, the sharper that two-edged sword.
    8. Re:Such a problem by Idaho · · Score: 1

      For you who hate Microsoft and hate the abuse of patents, do you know which side to take?

      Microsoft's side, obviously.

      Just because I hate their bussiness practices as much as the next guy, why should I want them to loose when they are on the 'right' side of things (those things happen sometimes)?

      I don't hate Microsoft because they're Microsoft. I hate them because of what they're defining as 'bussiness as usual' *ahem cough*. When they are not doing such things, I don't see why I should still hate them for it...

      You know, big companies are not like single persons. They can have many different faces - because there are many people working for them. So sometimes, they can be on the 'right' and 'wrong' side of different matters.

      Yeah I know, reality is complicated and all that. Gotta live with it :)

      --
      Every expression is true, for a given value of 'true'
    9. Re:Such a problem by Max+Webster · · Score: 1
      For you who hate Microsoft and hate the abuse of patents, do you know which side to take?

      Now I'm back on the side of Eolas. No matter what I feel about Microsoft or software patents, I can't stand Lotus Notes! (I used to work at IBM in the database division, but whenever anyone did anything with "databases" it was always some crappy Notes application.)

      The UI of Notes is so bad it got its own section in the Interface Hall of Shame.

    10. Re:Such a problem by Anonymous Coward · · Score: 0

      Please shut the hell up. This is Slashdot, and you're trying to be thoughtful, unbiased, and logical. Please go away. You don't belong here.

    11. Re:Such a problem by Malcontent · · Score: 2, Insightful

      "Microsoft may have done a lot of bad things, but this patent applies to every browser out there. "

      Yes and no. Mozilla can easily get by without plug ins because of XUL.

      --

      War is necrophilia.

    12. Re:Such a problem by Malcontent · · Score: 1

      "Keep in mind, that if Microsoft is screwed over with abuse of a patent, you might be next."

      First of all no matter what happens with MS you might be screwed over with patents. I honestly don't know where you got the idea that if MS wins this case then everybody else is somehow magically immune from patents. Are you really that dense?

      Second of all MS will not get "screwed over". They will pay the fine and license the technology. It's a part of their business plan and they have done it many times in the past. MS paid AOL 700 million to settle suit remember that? They have paid hundreds of millions of dollars to settle dozens of lawsuits. It's just a matter of course for them. They steal technologies and break the law on purpose knowing that by the time the suit gets decided they will have made more money then they will pay out.

      In this case I hope to hell eolas wins. Although the couple of hundred million by MS is pocket change it's still better then letting them get away with it.

      --

      War is necrophilia.

    13. Re:Such a problem by Josuah · · Score: 1

      For you who hate Microsoft and hate the abuse of patents, do you know which side to take?

      Hate leads to the dark side. I know which side I'm on.

    14. Re:Such a problem by Daniel+Phillips · · Score: 1

      For you who hate Microsoft and hate the abuse of patents, do you know which side to take?

      It's simply poetic that the biggest ever abuse of the new, evil software patent regime is targetted directly at the company most interested in using software patents as a competitive barrier. There is no dilemma here.

      --
      Have you got your LWN subscription yet?
    15. Re:Such a problem by dominic.laporte · · Score: 1

      you prolly have no idea how mozilla xul is implemented right ? FYI is uses *xpcom* for all components. is that enough ?

  8. Sad by Anonymous Coward · · Score: 4, Funny

    "it only took Ozzie about 15 minutes to knock out a demo without any programming using the out-of-the-box UI of Notes and Excel"

    He really needs to get laid.

    1. Re:Sad by Anonymous Coward · · Score: 0

      "it only took Ozzie about 15 minutes to knock out a demo without any programming using the out-of-the-box UI of Notes and Excel"

      He really needs to get laid.


      Hang on a minute. Are you saying that getting laid reduces your intelligence?

    2. Re:Sad by thebatlab · · Score: 4, Funny
    3. Re:Sad by Anonymous Coward · · Score: 0

      before I clicked that link, I saw that you were linking to a /. story and this is what I was expecting to see

      http://slashdot.org/articles/02/02/14/143254.shtml ?tid=166


    4. Re:Sad by Ieshan · · Score: 3, Informative

      I actually went to highschool with his son. He's married and things.

    5. Re:Sad by Anonymous Coward · · Score: 0

      Why is this informative? There were, what, 400 other kids who went to high school with his son? And how many billion people are married?

    6. Re:Sad by Anonymous Coward · · Score: 0

      You're confusing "informative" with "interesting". His post was informative as it provided new (albeit boring) information.

    7. Re:Sad by Anonymous Coward · · Score: 0

      He's Married?!? Yeah... he definately needs to get laid!

  9. Trial is over by anagama · · Score: 4, Informative

    Only in a limited number of circumstances would a case be re-opened to present newly discovered evidence. The fact finding stage of this case is over. I doubt this information will be of any use now.

    --
    What changed under Obama? Nothing Good
    1. Re:Trial is over by ceejayoz · · Score: 1

      Appeals?

    2. Re:Trial is over by rdean400 · · Score: 4, Informative

      And this should be one of those circumstances. If newly discovered evidence clearly undermines the core of the plaintiff's case, then it must be reconsidered.

    3. Re:Trial is over by MisterFancypants · · Score: 5, Informative
      Only in a limited number of circumstances would a case be re-opened to present newly discovered evidence. The fact finding stage of this case is over. I doubt this information will be of any use now.

      You clearly forgot the IANAL part. This is a civil case, Microsoft can easily appeal. This isn't a criminal murder case...

    4. Re:Trial is over by Anonymous Coward · · Score: 0

      This is a civil case, Microsoft can easily appeal. This isn't a criminal murder case...

      Huh? In a murder case you would be able to appeal on the basis of new evidence. In a civil case that isn't usually the case, don't know about patent cases in particular though.

    5. Re:Trial is over by EvanED · · Score: 2, Insightful

      What it would definitely help is if there were suits filed against Mozilla or Opera or other browesers.

    6. Re:Trial is over by GigsVT · · Score: 3, Interesting

      I think if someone else challenges the patent and it is found to be invalid, then MS could get let off the hook. It wouldn't make any sense to say that the patent was valid but suddenly became invalid, and people would still have to pay if they lost a case earlier.

      Just a guess.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    7. Re:Trial is over by Anonymous Coward · · Score: 0

      To microsoft maybe. But who would be next? Mozila/Netscap? I don't doubt a few people will be noting (hehe) that page.

    8. Re:Trial is over by DickBreath · · Score: 1

      This is a civil case, Microsoft can easily appeal. This isn't a criminal murder case...

      Now I'm really confused. So in a criminal murder case, the convicted murderer should NOT be able to appeal, or at least not easily. But in a civil case involving a convicted monopolist and someone else's greed and abuse of the patent system, appeal should be easy?

      --

      I'll see your senator, and I'll raise you two judges.
    9. Re:Trial is over by Keeper · · Score: 1

      You can't be "convicted" of being a monopolist. Having a monopoly isn't illegal. When you have a monopoly, certain business practices that would be legal without a monopoly become illegal. Microsoft was convicted of violating anti-trust laws.

    10. Re:Trial is over by Anonymous Coward · · Score: 0
      not really see 35 U.S.C. 282 (4) "In actions involving the validity or infringement of a patent the party asserting invalidity or noninfringement
      • shall give notice in the pleadings or otherwise in writing to the adverse party at least thirty days before the trial
      , of the country, number, date, and name of the patentee of any patent, the title, date, and page numbers of any publication to be relied upon as anticipation of the patent in suit or, except in actions in the United States Court of Federal Claims, as showing the state of the art, and the name and address of any person who may be relied upon as the prior inventor or as having prior knowledge of or as having previously used or offered for sale the invention of the patent in suit.
      • In the absence of such notice proof of the said matters may not be made at the trial
      except on such terms as the court requires. "

      Also note the appeals court will not consider this as evidence either.
    11. Re:Trial is over by lildogie · · Score: 1

      The _Microsoft_ trial is over.

      Trials against Opera, Mozilla, etc, haven't even been filed yet. And if the prior art holds, these others will have a defense that was not available to Microsoft.

      Wouldn't it be ironic if _Only_ Microsoft had to pay damages?

    12. Re:Trial is over by rdean400 · · Score: 1

      Here's a hypothetical: what if the patent is invalidated in a separate cause of action? Would that not get the defendent cause and right to appeal?

    13. Re:Trial is over by Anonymous Coward · · Score: 0

      go to a law dictionary and look up

      Res judicata
      Latin: A matter which has already been conclusively decided by a court.

    14. Re:Trial is over by anagama · · Score: 1

      You can't present new evidence on appeal. Appeals are for examining the evidence that exists in the trial court record and analyzing it under competing legal principles. You get one chance to present evidence - that's the trial. After that, the record is closed, except in very very rare circumstances.

      --
      What changed under Obama? Nothing Good
    15. Re:Trial is over by anagama · · Score: 1

      Actually, IAAL, and in civil cases too, once you rest, you're done. Let me tell you, there is no joy greater then hearing "I rest", when you know the other side has missed a "magic word" or two (failed to present sufficient evidence to meet the legal standards of their case). It's just a pure "gimme". Of course, I don't practice patent law, but I would be shocked to learn that in patent cases, you can add evidence after your chance to present evidence is over.

      Now, if this evidence could not have been found before trial, and it sure sounds like it could have been since this is all about puting old programs together, it could be sent back for further procedings. This rarely happens. Another possibility, If MS had tried to present this evidence, and the trial court refused to let it in, and the appeals courts decide it would have been relevant, and its admission could have affected the outcome, it could also be referred back for further proceedings. But that is a hell of a lot of "ifs" and "ands". Again - not likely.

      --
      What changed under Obama? Nothing Good
    16. Re:Trial is over by anagama · · Score: 1

      Valid point ... and it would be deliciously ironic! ;-)

      --
      What changed under Obama? Nothing Good
    17. Re:Trial is over by rdean400 · · Score: 1

      Fair enough, but I wasn't referring to Microsoft bringing a separate action. Res judicata applies to the same parties, in the interests of allowing finality. However, say another party with the standing to do so (which would be any other browser or plugin developer, such as AOL, Compuserve, Netscape, Opera, Macromedia, IBM, the Mozilla Foundation, the Gnome Foundation, Apple, KDE, Sun, etc.) was part of a separate cause of action, and as a result the patent got struck down. Would Microsoft have any remedy, since the foundation of the legal case against them was invalidated?

      I could really care less. Microsoft's wallet is fat enough that this won't cause a real problem for them. The only thing I'm really interested in is seeing the patent invalidated by Microsoft or someone else, as difficult as that is to do.

    18. Re:Trial is over by mantera · · Score: 1

      it would be an insane world if justice isn't served with the excuse of "time is up".

  10. This will expose the danger of software patents... by pirhana · · Score: 4, Insightful

    One thing good about this entire issue of Eola patent is that it is likely to expose the danger of software patents and more people would become aware of it. Since microsoft, not any free software project is the victim, even PHBs would find it easy to understand

  11. Its all BS anyway. by litewoheat · · Score: 2, Insightful

    There's prior art for a lot of what's been awarded a software patent. Besides that, a patent should only be awarded for a process or design that is non-obvious. The test for that is supposed to be a committee of highly credentialed people in the field to agree that its non-obvious. Few software "inventions" are non-obvious. The committee is filled with DeVry dropouts who donated enough to a campaign or two to get a committee seat. Hence the utterly stupid patents that have been awarded.

    1. Re:Its all BS anyway. by ScrewMaster · · Score: 1

      Actually, the problem goes deeper than that. There have been a number of recent changes to the way the patent office operates, and the way its operations are funded. The patent office now requires the periodic payment of substantial (substantial to the average starving-artist inventor) fees in order to maintain the patent's active status. Fail to pay your dues, and the patent becomes invalid.

      That's bad enough, in my opinion, but what also appears to be happening is that Congress authorized some percentage of those fees to be used to pay USPTO operating costs. They now have an incentive to grant patents regardless of whether they are "obvious", "valid" or just "stupid."

      I would appreciate input from any patent attorneys or other better-informed people out there regarding this issue. I have some patents that (fortunately) have their fees being paid by a large law firm that shares the rights with me. Otherwise I'm not sure I could afford to maintain my "rights" under current law.

      --
      The higher the technology, the sharper that two-edged sword.
  12. Legal battles, and taking the high road by snkmoorthy · · Score: 1, Insightful

    Well, what now, MS can try and invalidate the patent if this "discovery" is upheld in court, will that change MS for the better?. So morally what should we do?

    1. The patent is outrageous, and demonstrate with a "GO MICROSOFT"

    or should we wait until MS gives us a hint by replacing its index page with "in protest against software patents"?

  13. I hope by Anonymous Coward · · Score: 5, Funny

    He has valid licenses for DOS 6.22, Windows 3.11 and Excel! Otherwise, he could be in some trouble with Microsoft.

    1. Re:I hope by Anonymous Coward · · Score: 0

      You DID read the artical right?

      He also had a valid windows notes r3. Half of the artical is him saying how het got the software...

    2. Re:I hope by Anonymous Coward · · Score: 0

      Back in those days you could, and often had to, buy those products separately, so I think most people have a licence to run one copy of MS-DOS and Windows 3.1 (if not 3.11) on one machine. I certainly don't have a box running those two products, but I did buy them both many years ago, along with a nice, simple Microsoft mouse, so therefore my licence must still be valid.

    3. Re:I hope by Anonymous Coward · · Score: 0

      I'm with you 99%.

  14. No programming but Ray did do something by Anonymous Coward · · Score: 0

    And it's that stupid little something in configuring Notes and Excel that they will argue IS the patent. It does not matter how easy it was.

    The patent system must be abolished.
    How can you have a system of law whereby both the patent clerks AND the judges are complete morons in their lack of ability to see obvious inventions.

  15. not very good "prior art" by TheSHAD0W · · Score: 1, Insightful

    I don't think a court would consider this a very good example of prior art. Consider that most any software patent would have been implementable in your favorite programming language ten years ago, if you'd thought of it. Whether the building blocks were lines of low-level code or statements in Notes is irrelevant. Now, if a copy of a Notes app that used that particular technique way back when could be found, it'd be a different story.

    I strongly dislike software patents (I dislike patents, period), but that's no excuse to be sloppy in attacking one.

    1. Re:not very good "prior art" by MisterFancypants · · Score: 5, Informative
      You don't understand the issue, do you? I guess the people who modded you up don't either.

      The whole patent was based around the idea of plugins. His methodology was to build a plugin, exactly as described in the patent, that fits into Notes architecture. He didn't modify the Notes base-code at all. This is perfectly legitimate.

    2. Re:not very good "prior art" by blcknight · · Score: 3, Insightful

      Did you read the article? And the patent in question? We're not talking about the potential to implement something, but something that was used quite often. And we're not talking about building blocks, low-level code, or "statements". Maybe you should go back and read the article over again.

    3. Re:not very good "prior art" by Daniel_Staal · · Score: 4, Insightful

      What? He did exactly what the patent claimed, with a stock version of Notes using the features the way they were advertised. He didn't do any programming here, unless you call writing HTML (or its equivalent in Notes) programming. If you do, then the patent has *never* been implemented without the user doing programming.

      He did the equivalent of writing a web page that required a plug in and showing that it worked. You would have to do the same with IE to prove it infringed the patent.

      --
      'Sensible' is a curse word.
    4. Re:not very good "prior art" by qtp · · Score: 4, Informative
      if a copy of a Notes app that used that particular technique way back when could be found, it'd be a different story.

      That is exactly what he did:
      After the hard part of putting together a Notes R3 computing environment that included MS-DOS 6.22, Windows for Workgroups 3.11, and a circa-1993 copy of Excel 5.0 obtained from eBay, it only took Ozzie about 15 minutes to knock out a demo without any programming using the out-of-the-box UI of Notes and Excel.


      and from Mr. Ozzie's article:
      First, let me describe the environment that we recreated. Since the filing date on the patent is October 17, 1994, I sought to obtain software that was clearly shipping to end-users before that date. I set about to assemble the following software to assist in the demonstration: Microsoft MS-DOS 6.22, Microsoft Windows for Workgroups 3.11, Microsoft Excel 5.0, and Lotus Notes 3.0. In my personal archives, I happened to be in possession of DOS, Windows, and a freshly shrink-wrapped copy of Notes. I selected Microsoft Excel 5 because information on the Web indicated that it shipped 12/14/93, and I easily obtained a shrink-wrapped copy via eBay in a matter of days.

      I first used VMware Workstation 4 to create a virtual machine environment roughly comparable to that of the era. Then, I installed MS-DOS 6.22 within that virtual machine, as well as Windows for Workgroups 3.11. Finally, I installed Excel 5.0 and Notes 3.0. I chose WFW because I felt it to be very important to create a configuration that could be used as a "client/server" network environment between multiple virtual machines. As such, I installed both the Notes 3.0 client and server programs, and set about to creating the demonstration herein.


      I strongly dislike software patents (I dislike patents, period), but that's no excuse to be sloppy in attacking one.

      I too dislike sloppy refutation of unfair claims, although I don't believe in the "baby out w/bathwater" school of dealing with the current patent crisis (it is a crisis), and as long as I'm dealing in cliche's today, I also think that one should follow one's own advice.

      --
      Read, L
    5. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      You are the one who does not understand the issue - Ray's tinkering and configuring basically amounted to PROGRAMMING! What is needed is an application already written for Notes pre 1993 that exhibits this plugin behavior.

    6. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      I also think that one should follow one's own advice.

      But if my own advice was not to follow your advice, would you advise me to follow it or not?

    7. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      It does. Ray says "we worked with Microsoft to develop the method to contain Excel in Notes".

      RTFA...

    8. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      It does. Ray says "we worked with Microsoft to develop the method to contain Excel in Notes".

      Okay Sparky, then it should be really easy for someone to find a pre-1993 real-life Lotus Notes example of this technique implemented in an actual application. But until that time - you have proved NOTHING.

    9. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      Er. The point is that Notes R3 sports a plugin architecture that is pretty much spot on for the plugin architecture described in the patent.

      It doesn't matter *what* was being plugged in--the patent doesn't describe a specific plug-in, after all. What matters is the plugin framework that is present in Notes is identical to the plugin framework specified in the patent.

    10. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      He did develop that method, sparky.

      It's called Lotus fucking Notes. The technique was implemented into Lotus Notes. Just like the technique was implemented into Internet Explorer, and Netscape Navigator, and Mozilla, and Safari.

      One needn't prove that an actual plugin ever existed--that has no relevance on the patent, since the patent doesn't describe anything being plugged in... it merely covers the method by which things might be plugged in.

      You're a total fool.

    11. Re:not very good "prior art" by qtp · · Score: 1
      But if my own advice was not to follow your advice, would you advise me to follow it or not?

      Nice, but if I were to advise you to follow your own advice of not following my advice to follow your own asdvice, the dilemma would be revisited on you, leaving me in the clear to follow my own advice but you bound by dual commitment to following and not following your own (and thus my) advice.

      In other words, this particular challenge creates a dilemma for the challenger as long as the chalenged sticks to thier original statement, but the reverse is not true.

      For a another interesting dilemma enter
      dict -d web1319 dilemma
      on the command line (assuming you have a dictionary client). It is similar in that the student binds himself but not the master, very much as you do here.

      --
      Read, L
    12. Re:not very good "prior art" by Read+Icculus · · Score: 1
      Something that was used quite often perhaps, but the question is "is it prior art?". Ozzie makes sure to put words like "browser" in quotes, and say things like "analogous to today's "Web application servers".", "Notes documents are... compound documents analogous to today's "HTML documents"", "The general process used by the Notes browser to fetch and display a document was quite similar to that used by a Web browser". He never claims that it is a clear cut case of prior art. If I were the lawyer for Eolas the following line strikes me as quite important -
      I thought that it might be challenging to recreate a scenario, given the feature set available Notes R3, that was close to what was described in the patent.
      Close to what was described in the patent. The patent specifically describes the use of DHTML to launch external applications through a browser. Eolas claims that Doyle and his team of researchers invented the "applets" technology in 1993. A patent was filed in 1994. Doyle claimed in 1995 that -
      Individuals involved at Netscape, Spyglass, and Sun Microsystems saw our demonstrations in 1993. Our technology has been widely discussed over the last year and we are not new players in this arena. There's a perception that Java was there first, but that's simply not the case.
      Eolas has been threatening legal action against MS since 1995 at the latest, as soon as IE came out and infringed on the patent that they had filed. One of their claims is this - "Microsoft's browser came out in 1995 but Microsoft began using the technology after the patent was filed and used it after the patent was issued. Microsoft's infringement allowed it to destroy competition from Netscape Communications, which pioneered Web browsing but now has less than 10 percent of the market". It seems to me that the time to have fought this would've been back in 1995, when all of this was still a bit more fresh. Also interesting to note is that the 1995 article states "While Eolas plans to provide royalty free licenses to individual and academic users of applets, commercial users would be charged for each piece of software that uses the embedded applications. That charge could range from $0.50... up tp $5." That certainly could've been a limiting effect on the browser wars of mid 90s. I can certainly see why no one paid any attention to it at the time.
      --
      Anti-social? My code is just platform-specific.
    13. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      This "programming" would be described in any "Notes For Dummies" book published back in the day.

      It should not be hard for Microsoft's experts to take Ozzie's hint and go find some 1993-era evidence.

    14. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      uh the WHOLE articals point was that this was a MAJOR feature of notes r3. They spent a bit of time on it designing their own OLE and with microsoft to make OLE and word and excel to work with their version of DDE. Another interesting comment in there was 'oh yeah we did this on OS2 also.'

      Yes it was programming but back in probably 1992! He contacted a dude that did this sort of stuff for a living and the guy was like 'oh like this'. He didnt exactly have to think all that hard, 'about 15 minutes' was the term I think he used. If I hadnt used something in 10 years it probably would take me a bit of thinking too.

      He probably spent more time just getting vmware to work correctly. Then to show what was going on.

      He also commented when they looked at html they said 'hmm looks like a watered down version of what we are doing'. But that in itself means they had a fairly feature rich thing. It did this sorta thing OUT OF BOX. It was the POINT of Lotus Notes. To colaborate on large documents and have them just work. You could put a video or a wav or a excel spread sheet right in the middle of your doc and it just worked.

    15. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      Hey sparket the article proves it. It came with 2 disks that had a bunch of examples and a few media files.

    16. Re:not very good "prior art" by Anonymous Coward · · Score: 0

      Read the patent claims -- although it's obviously talking about a web browser, the words "web browser" or "(D)HTML" aren't mentioned. Instead it covers "distributed hypermedia ".

      Notes actually is very similar to a HTML browser, except with RTF markup rather than HTML, and a RPC rather than HTTP. "Hypermedia" might not have been a hot word when Notes was written back in the 80s, but it certainly qualifies.

    17. Re:not very good "prior art" by waterbear · · Score: 1

      I don't think a court would consider this a very good example of prior art.

      A debate like this inevitably is just going around the houses until it deals with the two different effective levels of prior art, according to patent law.

      The first level of prior art is complete anticipation: but to qualify at this level, the alleged prior art has to have completely described something that falls under the patent claims, or, put another way, what was sold or used or described in print before has to have fully corresponded to the patent claims. Just providing a tool that could be so used is not enough to qualify as anticipatory prior art against a later patent for the use of the tool.

      The second level of prior art concerns proof by obviousness, and this arises e.g. where the prior art actually provides a tool or the like, and the later patent claims in effect a way to use the tool, but that use was not itself described in the prior art source of early date. In that case, the prior art is only effective if there is additional proof that it was obvious to use the prior art tool in the way claimed by the later patent. Under US patent law, it is generally not enough for obviousness to prove that the tool 'could' have been used in the later patented way, but what needs proof is that it 'would' have been so used. Put another way, in the USA 'obvious to try it like that' doesn't equal obvious, only 'obvious to actually put it to effective or commercial use like that' is obvious, and the difference between these levels of proof is not always easy to assess. In Europe, on the other hand, 'obvious to try' = obvious and unpatentable, and the position can be a bit simpler in practice.

      (btw, I am not good enough technically in this area to even try to identify which of these levels of proof Ray Ozzie's example belongs to.)

    18. Re:not very good "prior art" by Free_Meson · · Score: 1

      It should be noted that a patent is valid so long as there is no prior art prior to the date of invention. If Eolas invented this in 1985 and maintained their patent rights while working towards a filing and didn't file until 1994, it wouldn't matter if someone did the same in 1993. The american patent system doesn't use the filing date as an important benchmark for anything other than the start of the patent. In fact, there's one patent loophole that was closed around the time of this filing that allowed an "inventor" to keep pushing back his filing date indefinitely by "updating" the process or product being patented. That flaw has been fixed, but for the next ten years or so we will still feel the effects.

      Microsoft (and its lawyers) are smart folks. It's unlikely that there was some rival application in plain view that would establish itself as prior art that microsoft didn't try to drag in as a way of avoiding a $.521Bn judgement.

  16. The lawyers are the problem by Anonymous Coward · · Score: 0

    "The patent system must be abolished"

    If lawyers did not file frivolous lawsuits over violations of these "spoon and fork" type of patents, there would be no problem, would there?

    1. Re:The lawyers are the problem by Anonymous Coward · · Score: 0

      If lawyers did not file frivolous lawsuits over violations of these "spoon and fork" type of patents, there would be no problem, would there?

      I see what you're saying. As an alternative to abolishing the patent system we could just change human nature in such a way that people don't try to abuse the system. It's just insane enough to work... no, scratch that, actually it's just insane.

  17. Good news, good thinking by AceMarkE · · Score: 5, Insightful

    I'll be the first to admit that I don't like a lot of what Microsoft does and that I have issues with a lot of their software, particularly Internet Explorer. With that said... this is very much a good thing.

    Eolas could easily proceed to sue the Mozilla Foundation, Opera, and anyone else who writes a browser with plugin technologies. That would be devastating for developers, users, and web designers. The News.com article linked in one of the previous articles on this topic points out that not only would the browser have to be revised, but far too many web pages as well.

    Would I like to see Microsoft set back a bit, or at least forced to mess with IE some? Yeah. But this is a case that would affect all of us negatively, not just Microsoft. We owe Ray Ozzie some thanks for bringing this to light.

    Mark Erikson

    1. Re:Good news, good thinking by JoeNotCharles · · Score: 1
      The News.com article linked in one of the previous articles on this topic points out that not only would the browser have to be revised, but far too many web pages as well.
      I think the web right now is an unholy mess, and forcibly invalidating most of it would be a good thing.
    2. Re:Good news, good thinking by Strudelkugel · · Score: 1, Interesting

      Seems to me Microsoft has an interesting out - the .Net CLR. Imagine if they go to Macromedia and suggest they rewrite Flash so that it can be called an "assembly." The site visitor goes to a site with Flash (or PDF, Quicktime, etc) and is asked "Would you like to install this .Net assembly?"

      Ta-Da, the plug in is now a shared library that uses the CLR, no longer a "helper application." So even if Ozzie's demo isn't sufficient, it seems Microsoft could use this approach since it seems pretty unlikely share libs are patented, though IANAL. Some might suggest that doing this is no different than running a Java applet, but Softee could certainly argue that the CLR is much more than a browser plug-in. It's too bad that the patent system is being abused in this way. Patents are supposed to promote innovation, not stifle it. This case is so outrageous, however, it may encourage favorable legislative changes.

      --
      Imagine how much harder physics would be if electrons had feelings! -Feynman, maybe
    3. Re:Good news, good thinking by Malcontent · · Score: 1

      "Eolas could easily proceed to sue the Mozilla Foundation, Opera, and anyone else who writes a browser with plugin technologies. "

      This is highly unlikely. IT would not be worth it sue opera because they don't really make that much money. Even if you win you are unlikely to collect enough money to cover your legal fees because opera will declare bankrupcy and fold.

      Suing Mozilla is even more futile because they have no money at all.

      Besides which eolas has already stated that they only intend to go after MS.

      "Would I like to see Microsoft set back a bit, or at least forced to mess with IE some? Yeah."

      If that's what you want then this lawsuit is the best thing in the world for you. I would not be surprised if Eolas gave some of their winnings to mozilla if they prevail.

      --

      War is necrophilia.

    4. Re:Good news, good thinking by Anonymous Coward · · Score: 0

      First of all, binding to a NET DLL is not fundementally different than binding to a COM DLL ("Plug-in"). Furthermore, the patent makes no such assumptions about what the runtime looks like, only saying "external application".

    5. Re:Good news, good thinking by Strudelkugel · · Score: 1

      Admittedly I haven't looked into the implementation of Flash, but if it is implemented as a COM server, not a DLL, a decent lawyer might be able to make an argument that Flash (or anything else for that matter) implemented as a COM DLL is simply a shared lib, a concept for which there is plenty of prior art. If that's the case, then a DLL could be a totally different animal, legally.

      If M$ then makes third party stuff dependent on the presence of the CLR (something they should probably do anyway, given the superior security model), the patent may be patently avoidable.

      At that point, what is IE? Some kind of shell? Technology is pretty mutable. Who knows where this will end up.

      --
      Imagine how much harder physics would be if electrons had feelings! -Feynman, maybe
    6. Re:Good news, good thinking by Anonymous Coward · · Score: 0

      That's the problem with this patent -- it describes late-bound code (already existed) that is automatically loaded given a bit of hypertext (already existed). It's also overly broad in that it doesn't cover the loading mechinism, so as I said, it covers classic static Netscape plugins, Java, COM, and most likely NET.

  18. Perhaps a "Prior Art" effort/community is needed.. by Anonymous Coward · · Score: 5, Interesting

    I'm beginning to wonder..... perhaps a community "Prior Art" effort, somewhat comparable to the open source community, is needed.

    Identify, research and debunk such absurd/greedy patents (and perhaps eventually much or all of the software patents nonsense) so as to get the patents withdrawn/cancelled.... and/or reassigned to some "open source" holder.

    Might eventually be able to deconstruct much of the current software patent farce.

    Or perhaps the "open source" community could get some showstopper patents of its own, to use as leverage against overreaching/absurdist patent holders holders to. Perhaps even get other altruistic patent holders to donate their patents to a pool of such patents held by an "open source" protector, so as to grow them and increase the leverage.

  19. I agree by Peter+Cooper · · Score: 5, Insightful

    People are going to mod you (and probably me) down as being flamebait, but I was surprised at the outrage surrounding this lawsuit.

    Plugins have made browsers worse, rather than better. Some sites are unusable WITHOUT having Flash. That's not the way we should be going. Accessibility, backwards compatability, and speed, are all important issues. Demanding people use Flash doesn't help with that. Slashdot recently linked to a hardware site that used Flash for its benchmark graphs.. no animation there, just blatantly unnecessary use of Flash.

    Plugins encourage people to just throw plugins into their old crappy non-standards compliant browser rather than get a new one. There are people using Netscape 4 with Flash who are still perfectly happy.. they're like the elderly drivers in their 30 year old 'danger on the road' Chevys.

    Plugins are like offering 'plugin upgrades' for cars. When your car gets slow, plug in a 'turbo' upgrade.. sure, it makes the car fast again, but your engine was busted up anyway, and you should just get a new one.

    Without plugins we can rely on more integral browser support for proper standards like SVG, CSS, and the DOM.

    You might argue that Flash is an open standard, but it's not. Macromedia updates it at such a fast pace that new features and methods are thrown in every few months. And, worse, Macromedia's Flash plugins and player take over 99.9% of the Flash playing marketplace.. meaning you're forced to follow their standard.

    Let's kill all these plugins, and have support for open standards within the browser. If SVG, DOM, and CSS2 were implemented fully and perfectly, we wouldn't need proprietary formats like Flash at all, and accessibility would be improved.

    1. Re:I agree by pyite · · Score: 2, Insightful

      On my x86 machines, I choose not to install Flash at all. However, on my non-standard machine (PPC Linux), I don't even have a choice whether or not I'd like to install it. I can only place some fault on Macromedia even though I would consider Flash to be their worst product. Instead, I fault stupid web designers who are screwing over their clients by alienating potential customers.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    2. Re:I agree by Anonymous Coward · · Score: 2, Insightful

      And how are they going to be implemented, pray tell? As plugins, perhaps?

      Whoops.

    3. Re:I agree by NineNine · · Score: 2, Insightful

      Let's kill all these plugins, and have support for open standards within the browser

      Unless your name is "Bill Gates", the chances of
      "us" doing this is about zero. The "other" browsers have virtually no impact any more. Game over. Whatever "standards" that a 3rd party came up with are completely irrelevant. I've argued that they've been irrelevant for several years now, in fact. Whatever IE does is the de-facto standard, no matter what the /. zealots think. You might as well say, "Let's change the Earth's gravity". Sorry dude, it ain't gonna happen.

    4. Re:I agree by evilviper · · Score: 5, Insightful

      Plugins, like just about every other technology, has just as many (if not more) good uses, as bad.

      For instance, you could create a plugin for IE that fully supports PNG, or MNG. It's absolutely ridiculous that every single function of a browser should have to be statically compiled into it.

      Sure, flash is completely evil, and I wouldn't miss java one bit, but that doesn't mean plugins are all bad, and it certainly doesn't mean the very idea of plugins should be outlawed.

      Besides, make plugins illegial, and you'll only see Flash become a built-in browser feature, instead of a plugin.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    5. Re:I agree by antis0c · · Score: 1, Insightful

      While we're at it lets just restrict all personal freedoms. Down with choice! Everyone must follow the standard, Zeig Heil!

      --

      ..There's a-dooin's a-transpirin'
    6. Re:I agree by dvdeug · · Score: 4, Informative

      Let's kill all these plugins, and have support for open standards within the browser. If SVG, DOM, and CSS2 were implemented fully and perfectly, we wouldn't need proprietary formats like Flash at all, and accessibility would be improved.

      Have you ever heard of DjVu? It's a graphics format for scanned documents, that does amazing levels of compression - 10 Megapixel B&W scans in 30k, for example. It's not something that everyone needs, or that has been around long enough for it to be hardcoded into everyone's browser. But there's no way you can replicate it using "proper standards". So those of us who want to use it, can, without worrying about it being a "proper standard" or built-in to every browser on Earth.

    7. Re:I agree by afidel · · Score: 1

      The flash for graphics thing was probably an anti-theft mechanism. Unlike JPG or GIF you can't just right click and save as then reuse their IP. There are of course still ways to get at the info but they are almost infinitly more complex.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    8. Re:I agree by cscx · · Score: 2, Interesting

      Some sites are unusable WITHOUT having Flash. That's not the way we should be going.

      While a nice, extremely far-fetched thought that would work in theory, when you figure out how to replicate the content of Homestar Runner in text, let me know!

    9. Re:I agree by rsidd · · Score: 4, Insightful
      And how are they going to be implemented, pray tell? As plugins, perhaps?

      No, they would be built directly into the browser (DOM and CSS2 already are). That's the advantage of open standards.

    10. Re:I agree by Anonymous Coward · · Score: 0
      Plugins have made browsers worse, rather than better

      How the plugins work is not the issue. The problem is that this patent should never have existed in the first place.

    11. Re:I agree by Anonymous Coward · · Score: 0

      that would be for closed standards.. what we at /. want are open standards (everyone gets to add and/or remove from them when new technology comes into play) that everyone would adhere to... sure you can go do it your own way.. and if it's good enough someone would probably request that it be added to(or replace) the standard...

    12. Re:I agree by metamatic · · Score: 0, Offtopic

      Flash as a built-in browser feature? Sure, I can see Macromedia releasing source code so it can be incorporated into Mozilla. Yeah, that'll happen.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    13. Re:I agree by IM6100 · · Score: 2, Interesting

      I can't even see them releasing the source, under NDA, to Microsoft.

      Similarly the case for Real Player, and Quicktime.

      --
      A Good Intro to NetBS
    14. Re:I agree by DickBreath · · Score: 3, Interesting

      Flash as a built-in browser feature?

      Yes. In the future. It will be called SVG.

      --

      I'll see your senator, and I'll raise you two judges.
    15. Re:I agree by waynelorentz · · Score: 1

      While backwards compatability, etc... is nice, how exactly do you propose we stream video without a plug-in?

      Remember, not every browser is connected to the internet. For example, when CBS News distributes its video to affiliates, producers can see the video on their desktop in their browser via a plug-in. It's all intranet, so there's no reason they can't max their own bandwidth if they want to. Are you suggesting that this timesaving tool shouldn't be allowed simply to appease a small percentage of the population?

    16. Re:I agree by Xzzy · · Score: 1

      > There are of course still ways to get at the info
      > but they are almost infinitly more complex.

      You mean like hitting "print screen" and pasting into a paint program? :)

    17. Re:I agree by JoeNotCharles · · Score: 1

      This lawsuit won't make plugins illegal. The patent holder can do whatever he likes with the patent, and it sounds like he wants to use the patent specifically against Microsoft (see the interview linked from the previous story). It'll definitely change the browser landscape, but it sounds like it could just as easily make it better as worse.

    18. Re:I agree by evilviper · · Score: 1

      There is a GPL'd flash library that could be used for Mozilla, but more likely, you'd only see it in closed-source browsers like Netscape 7x, IE, Opera, etc.

      I fail to see the problem though. THey make their money on the programs to create the flash, and I don't see why they would care about the plugin. (as long as you aren't allowed to enhance/modify it)

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    19. Re:I agree by __past__ · · Score: 1
      Without plugins we can rely on more integral browser support for proper standards like SVG, CSS, and the DOM.
      Funny how you did not actually mention a single "proper standard". All of your examples are basically just informal recommendations of a software vendor consortium.

      A consortium, one might add, that has a dubious take on things like software patents (was an issue with SVG and some Adobe patents), and frequently failed when they started designing things on their own (like in most of the recs written in this millenium), too much proprietary interests influencing technical decisions being a common complaint (like the influence of a certain well-known database vendor on the mess that is XML Schema, and its inclusion in every spec written since then), not to mention lack of public control and democratic process.

      For some reason, I have yet to see a proper HyTime-enabled SGML browser. But then, ISO HTML isn't exactly the future either, so I better not complain.

    20. Re:I agree by Anonymous Coward · · Score: 0
      Zeig Heil!
      "Show Hail"? Are you really sure you meant to say that?
    21. Re:I agree by Anonymous Coward · · Score: 0

      Sieg, you insensitive clod.

    22. Re:I agree by nagora · · Score: 1
      You're right about plugins, particularly the pile of total shit that is Flash, but that's no reason to support software patents.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    23. Re:I agree by Anonymous Coward · · Score: 0

      "Some sites are unusable WITHOUT having Flash."

      And it is their choice to use Flash. If you don't like it, don't go to their site. It is THEIR site, not yours.

      When are the Flash have-me-nots going to learn that? If they wanted your input, they would have dropped you a line. Sheesh.

    24. Re:I agree by H310iSe · · Score: 1

      Curious, because I've tried, and failed, to argue this against our graphics guy, do you, or anyone else, have an arguement against flash that outweighs the fact that it's the only way to reliably do animation effects in a browser. The alternative, javascript on the client, is just too horrible to mention.

      Now the obvious arguement, you don't need animations in a web page, doesn't cut it, because, well, he's the designer, and he says he needs animations. I'm the programmer, he kind of trumps me on design issues.

      And flash MX has gotten somewhat better about playing, a little, like a decent html page, at least it talks to search engines.

      Me, I run a PIII 450 and I hate the way a simple flash page pegs my CPU. Curiously, it does that to my athlon 1.4 as well, but, um, you know, the page needs animations.

      Any support is welcome...

      --
      closed minded is as closed minded does
    25. Re:I agree by bhtooefr · · Score: 1

      MNG? GIF? People with old computers and/or dial-up will have trouble accessing your site? Flash is a proprietary format (so is GIF, but MNG isn't nearly as much so)?

    26. Re:I agree by Thing+1 · · Score: 2, Interesting
      On my x86 machines, I choose not to install Flash at all.

      My default browser is Mozilla (on W2K). I do not install Flash on it.

      If I come across a site that I absolutely have to see, and it uses Flash, then I cut-and-paste the URL into IE.

      Two examples: The Homestarrunner.com site, with the initial FHQWHGADS (fuh-who-goo-gads) email and the song they created as a riff on it. It's hilarious -- watch them both, in order.

      "I'm buying you a pizza."

      --
      I feel fantastic, and I'm still alive.
    27. Re:I agree by Zeinfeld · · Score: 4, Interesting
      Let's kill all these plugins, and have support for open standards within the browser

      There are big problems here. First the Eolas patent covers technologies such as postscript. This despite the fact that the git who filled the thing was told about abundant prior art before the patent was issued. I know he was told because I was one of the people doing the telling.

      The real scandal here is that the idiot judge would not allow Microsoft to argue that there was prior art. The jury was instructed to disregard the evidence of Pei Wei that he invented plug ins three years earlier.

      I also happen to think that plugins suck. I hate what Javascript has done to a lot of previously usable site. Why did the idiots at netscape invent functions that allow the sender of the content to control my browser? Well yes, they were in the pocket of the content providers and they saw their market niche as being able to add corporate friendly features to the web.

      It is a great pity that so few Web companies learned the lesson of Google. In the end its the users that matter.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    28. Re:I agree by imsabbel · · Score: 1

      no browser supports mng.
      and gif and mng will be even worse for your dialup user because a simple 20k flash vector animation would take up tons of space and look worse using them

      --
      HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
    29. Re:I agree by zangdesign · · Score: 2, Insightful

      This doesn't appear to affect just browsers, though, but ANY software which uses a plug-in. So, no more music software which uses soft-synths, no more extensions in your favorite word processor, etc. Everything will have to be compiled in, which means software bloat out the wazoo.

      Your argument sounds like sour grapes. Does it upset you that the web is no longer solely the domain of academics and nerds? You may not like Flash (it doesn't bother me all that much), but it is easy to use and easy to create new content with.

      So perhaps your argument is that Flash usage is denied for the Linux platform. That's Macromedia's choice - if it was a public utility then perhaps it would be different, but Macromedia has chosen, either wilfully, or more likely perhaps ignorance, to not market to Linux users. It is their CHOICE. Frankly, I don't blame them - it is a little difficult to run down the numbers on exactly how many people use Linux as a desktop (not as a server) and how many of those people are actually interested in accessing multimedia content.

      As for SVG - it's a case of "too little, too late". Sure, it's a standard, but it's a standard that didn't mature (if it's mature) until after the introduction of Flash content. So, by the process of technical Darwinism, SVG loses, which is correct. The tech/business world lives and dies by the maxim "You snooze, you lose".

      SVG, CSS, and DOM cannot settle all the issues out there with informational layout (nor can Flash, I freely admit that), rather they are simply another tool to use, besides Flash and other less-popular plugins.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    30. Re:I agree by Dachannien · · Score: 2, Informative

      While a nice, extremely far-fetched thought that would work in theory, when you figure out how to replicate the content of Homestar Runner in text, let me know!

      This is completely beside the point of what he was saying. The point is that people aren't just using Flash for content presentation, but they use it for all of the navigation on a site as well. And even worse, some people use Flash for a small widget off in the corner that provides neither content nor navigation functionality, but they *require* that you have Flash installed in order to view the website (and somehow you have to find a URL deeper into the site in order to view the actual content).

    31. Re:I agree by Anonymous Coward · · Score: 0

      Well yes, I heard about it a long time ago. I installed the plugin a long time ago.

      I've NEVER seen an image in the wild coded with it.

      That's the difference between open and closed standards. Get a clue.

    32. Re:I agree by cscx · · Score: 0

      Precisely! Just because idiots misuse Flash doesn't make it an inherently bad thing!

    33. Re:I agree by SoupIsGoodFood_42 · · Score: 1
      But what if someone decided to make a light-weight browser, with options to use plug-ins created using standards? EG, someone might make a GLP SVG plug-in. Exactly what do plug-ins and embedded objects have to do with proprietory code and bad useability?

      Many people here think that it's good to have absolutly no way to embed objects, simply because they don't like Flash. That's completely short sighted.

      Slashdot is the last place were I would expect to see someone supporting silly patents instead of looking for a proper solution to a problem.

    34. Re:I agree by kyhwana · · Score: 1

      Check out the "Click to play flash" mozilla extension...
      It gives you a gray box for all the flash things, which you have to click on to play. No clicky, no flash.

      --
      My email addy? should be easy enough.
    35. Re:I agree by canajin56 · · Score: 1
      no browser supports mng.
      So write a plugi....oh wait.... ;)
      That aside, I agree. Animated gifs are WAY bigger than a flash animation. I think it is dumb when people say Flash shouldn't be allowed because you can make a crappy website with it. You can make a crappy website with anything. It's true that you can't always get a plugin for your system. But I've never seen a good site with flash menus that didn't have a non-flash page, unless Flash is the whole point of the website in the first place (Such as various Flash cartoonists: Homestar, Killfrog, etc.)
      --
      ASCII stupid question, get a stupid ANSI
    36. Re:I agree by malus · · Score: 1

      Then, my friend, we see eye to eye.

      99% of the time, I'm using the web on my Linux/galeon/no-flash-plugin box (no java, for that matter)

      I want the text, for the most part, and only the text. I'm just that way. [with exception of Hubble ... MmmmMmm. Nebulae. MMmMMM]

      But, as a self-respecting [welcome, flaimbait] Nebraska Cornhusker I will want to be able to VIEW [corn]husker.com SANS plugins [sans IE]. I simply cannot do that unless I switch to my Windows machine. It makes me sick.

    37. Re:I agree by evilviper · · Score: 2, Insightful
      The patent holder can do whatever he likes with the patent, and it sounds like he wants to use the patent specifically against Microsoft

      Yes, but I sure as hell would never use something, knowing that I could be sued at any time for using it...

      Maybe Netscape will become profitable again, and they feel like making some money off of AOL?

      it sounds like it could just as easily make it better as worse.

      I'm at a loss to figure out how this could make things better.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    38. Re:I agree by Pieroxy · · Score: 1

      Please, give me a break. SVG's main purpose is not even to cover all of Flash features. While I hate flash, and love SVG, let's just not see one as the replacement of the other. Not counting that more that 85% of the browsers out there already support VML... (Yes IE5+ is more than 85%).

    39. Re:I agree by Anonymous+Custard · · Score: 1

      Slashdot recently linked to a hardware site that used Flash for its benchmark graphs.. no animation there, just blatantly unnecessary use of Flash.

      You don't know that it's unneccesary...those Flash graphs may be templates for database driven graphs, which the site can reuse with different data. Static GIF's might be more difficult to maintain and use than Flash in this case.

      You argue later that SVG or something could have been used instead, which may be the case, but it's easier to pick up Flash right now than SVG, and they may have already hada flash developer on hand. Just cause they chose flash over another dynamic vector graphics format, doesn't mean that flash was unneccesary. It's like saying that MS Word was totally unneccesary for making that document, since they could have used Openoffice instead.

    40. Re:I agree by Josuah · · Score: 1

      No, they would be built directly into the browser (DOM and CSS2 already are). That's the advantage of open standards.

      There is no real difference between built-in and plug-in. A plug-in is essentially a patch for a piece of software. So that instead of some code going down one path, it sort of takes a detour and goes down another path. Open standards have nothing to do with it.

    41. Re:I agree by Josuah · · Score: 2, Informative

      Plugins have made browsers worse, rather than better. [snip] Plugins are like offering 'plugin upgrades' for cars. When your car gets slow, plug in a 'turbo' upgrade.. sure, it makes the car fast again, but your engine was busted up anyway, and you should just get a new one.

      Plug-ins are much more like software patches. When a plug-in software system identifies a plug-in, it loads it into memory and installs a hook that forces code to follow one path instead of another. Very similar to how you might tell your print manager to print to a Postscript printer instead of a document on your hard disk.

      Plug-ins have absolutely nothing to do with open standards versus closed standards. You are simply making that association yourself. Adobe Photoshop might use a plug-in to support SVG. Mozilla might use a plug-in to support the display of Excel spreadsheets. The software I wrote might talk to UPS via XML when using one plug-in, or FedEx via HTTP GET using another.

    42. Re:I agree by JoeNotCharles · · Score: 1
      I'm at a loss to figure out how this could make things better.
      If this flies, we'll have to redesign the web. Maybe we'll do it right this time.
    43. Re:I agree by harriet+nyborg · · Score: 1
      The real scandal here is that the idiot judge would not allow Microsoft to argue that there was prior art. The jury was instructed to disregard the evidence of Pei Wei that he invented plug ins three years earlier.

      "An analysis of the patent conducted by a group of Stanford students as part of an overall look at software patents points out that in their search for prior art, Microsoft turned up Pei Wei, who, in May of 1993 demonstrated Viola, a browser that integrated an application in basically the same way that is claimed in the patent. And where did Pei Wei develop this patent? At the University of California. Why is that interesting? Because the University of California also owns patent number 5,838,906." See here.

      And why IS this interesting? Let's see what US law says about this:

      Title 35 United States Code , Sec. 103. c) - Conditions for patentability; non-obvious subject matter:

      Subject matter developed by another person, which qualifies as prior art only under one or more of subsections (e), (f), and (g) of section 102 of this title, shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person

      In other words, US patent law recoginzes that an inventor's own work, and the work of her co-workers, should be obvious to her. The test of patentabbility is whether or not the work would be obvious to another. Pei Wei's prior art - however significant it may be - appears to have been owned by the same person or subject to an obligation of assignment to the same person under in accordance with the exemption of 35USC103 c) and is as a matter of law could NOT to be considered as prior art for the purposes of patentability.

      Thus the idiot judge was only applying the law as it was written and intended.

    44. Re:I agree by Anonymous Coward · · Score: 0

      Take a look at the file size for those flash benchmark graphs compared to a GIF or JPG of equal quality (~8K vs. ~20-30K). Now, think about the impact that could have on the bandwidth usage of a high-volume site and give some more thought to calling it a "blatantly unnecessary" use.

      Granted, it'd be great if everyone was using an open standard instead, but this "unnecessary" usage is probably the most practical application of Flash I've seen on the 'Net.

    45. Re:I agree by evilviper · · Score: 1
      we'll have to redesign the web

      That's ridiculous. Plugins aren't required for 99% of web functionality.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    46. Re:I agree by FooBarWidget · · Score: 1

      Does SVG support sound and video? Can you write games in SVG?

    47. Re:I agree by SmallFurryCreature · · Score: 1
      At least read the post if you reply to it. Macromedia does have a linux version of flash. It just is only available for the x86 processors. So it wouldn't work on the old NT alpha's either.

      Also he is not complaining about CONTENT. If someone makes a flash movie or flash game as the content of a website this is of course perfectly alright. Of course then I could also simply save the flash to the HD and play it standalone.

      What he is complaining about is useless flash requirements. Like say the menu being done without a basic HTML version for those without flash.

      The real issue here is that the web was designed to be open without out making any presumtions on what hardware/software the other side was using. TCP/IP became the run away success because it doesn't matter what kind of machine is on the other side (you do know that the fast majority of servers out there are not MS right?) as long as it implements the open standard any machine can take part.

      Sadly MS itself is not really to blame. Sure they won the game of excluding the competion but it is not like netscape didn't try this just as hard.

      Now the only question remains if macromedia wants flash to become a real standard. It shouldn't be to hard for them to port it to PPC hardware afterall Mac uses that as well.

      --

      MMO Quests are like orgasms:

      You may solo them, I prefer them in a group.

    48. Re:I agree by daveinthesky · · Score: 1

      Uhhh dude.. i run linux and i've had no problems gettting flash to work in mozilla firebird for me.

      get some facts straight

    49. Re:I agree by Ciggy · · Score: 1

      despite the fact that the git who filled the thing was told about abundant prior art before the patent was issued. I know he was told because I was one of the people doing the telling

      If there was prior art, and it can be shown that it was, then shirley this is a clear indication of the state of the USPTO; and begs the question of how many other [software] patents have been issued for which there is prior art - they clearly haven't been doing their research properly; or does the USPTO not have to bother checking that prior art exists - only publish the requested patent and ask all those that know if there is any just and legal inpediment as to why it shouldn't be granted to speak now or forever hold their peace?

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
    50. Re:I agree by sid6.7 · · Score: 1

      Linux, Mac OS, and Windows can view 99.99% of all Flash websites by dowloading the latest version of the play available for their system at the following URL:
      http://www.macromedia.com/shockwave/download/alter nates/

      Now, my question is: Why is the Slashdot community so against Flash?

      Is it because some people used it exclusivly for intros on websites? This is bad website design and bad usability. This has nothing to do with Flash except for the fact that Flash was their choice as the tool to get the work done. They could have chosen to use animated gifs or DHTML; could this make you hate those 2 technologies just as much?

      Is it because it took a while for Macromedia to come out with updated Flash plugins for the Linux community? It is not Macromedia's responsibility to support every platform, but they have done so, although it took them a while.

      I think you guys do not realize the abilities and opportunities of what Flash can do. Animation is 1% of its abilities. Flash is currently an object oriented programming language that supports many web standards (including WSDL, SOAP, and XML), plus can be used to build almost any interface that can be imagined. It supports dynamic graphics and also supports most webcams so you can brodcast, record and playback audio and video.

      Flash is a important part of the web that will help take us to the next level of web applications. When HTML came out, users had to take a step backward from modern software programs into a very limited interface and featureset. HTML and the App Servers that dynamically generate it have come a long way, but you still have many limitations that a traditional piece of software installed on a computer has been able to do for years. Flash allows us to start build applications that use the internet's many amazing benefits, without losing everything users are used to in their other pieces of software.

      Bad user interface design is a problem, but will not be solved by erradicating Flash from the internet.

      I challenge you to download the trial version of Flash and look into its abilities before flaming me with your response.

    51. Re:I agree by evilviper · · Score: 1
      Why is the Slashdot community so against Flash?

      I am going to skip over the things the AC covered, but there's a few more points to be made.

      ;Is it because some people used it exclusivly for intros on websites?

      No! In fact, I don't mind that crap too much, since those of us who do not have flash installed can still click a link and enter the page with some content. What is really annoying, is when a site uses it for navigation, or perhaps putting the entire content of the site into flash. That is awful, and pointless as well.

      They could have chosen to use animated gifs or DHTML; could this make you hate those 2 technologies just as much?

      Personally, I don't like animated GIFs. However, completely unlike Flash, I can set an option in my browser, or in a filtering proxy, to disable animations, so those of us that don't like the animations aren't forced to view them. Much nicer than flash that way. The same goes for javascript. At least that I can selectively disable those functions that I despise, rather than being forced to go all-or-nothing, and being unable to navigate several sites as collateral damage.

      is not Macromedia's responsibility to support every platform, but they have done so, although it took them a while.

      They supported Linux eventually, even though they stay far behind, and leave Linux users open to long-known exploits in the mean time. However, Linux is about the only platform, other than Windows/Mac, that they've supported. There are LOTS of platforms that don't support Flash, yet you contend that they "support every platform"?

      can be used to build almost any interface that can be imagined. It supports dynamic graphics

      And that's great, but I'm not looking for a highly-animated interface when I go to a website. I want simple navigation, just enough to make it easy to get at the content I want. I couldn't care less about how the pictures change as my mouse moves over them, and all the other crap that flash does.


      Flash is a important part of the web that will help take us to the next level of web applications.

      The web does not need applications. Applications communicate across the internet. It's stupid crap, like giving everything a web-interface that makes the internet worse every day. Now, it's expected that you do everything through a web interface, even though using a normal application would be far, far faster, better, and more effecient. I speak of not only web-based-email, but also things like dig, nslookup, traceroute, and a million others.

      When HTML came out, users had to take a step backward from modern software programs into a very limited interface and featureset.

      Crap, man. The web is not a software program. The web is a document distribution system. I don't want everything flashy, I just want to be able to get the info I'm looking for. If you want an application, make an application... It is not deemed by the computer gods that everything on the internet should be WWW-based.

      but you still have many limitations that a traditional piece of software installed on a computer has been able to do for years.

      The day the web can do all the things a locally installed program can, is the day it becomes completely useless to me, and a large majority of it's current users.

      Bad user interface design is a problem, but will not be solved by erradicating Flash from the internet.

      No it won't, but macromedia's software encourages many brain-dead design decisions, that any monkey knows are terrible. The first, and most popular, are white backgrounds. There are many, many more. Sure eradicating flash won't get rid of bad interfaces, but Flash getting more popular, almost gurantees that interfaces will get FAR WORSE.

      This, along with your previous post, leads me to believe you are just a Flash fanboy.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    52. Re:I agree by sid6.7 · · Score: 1

      I do agree with you that Flash is not the ideal technology for document and data distribution

      But, the "web" is not just a document distribution system. It is THE interface to the internet for 99% of the populace. Also, the average person does not want to have to download and install software.

      The web creates an environment where you can update your software without having to have people return to your site and download the updates (or write complex self updating code). Your data can be live and people can interact with a community of individuals. There are so many benefits to writing applications in a browser. I feel like most web developers will understand this, and I am not going to go into every one of them right now.

      I entered my professional life as a Client/Server C++/Oracle developer. As time went on, I realized that the browser (and consequently, the web) is a great replacement for traditional Client/Server technology. I looked into many technologies and, at the time, found that HTML and scripting languages were the only viable solutions at the time. They left me wanting more, since no longer could the interface be as dynamic and consequently it made the software harder to use than it had to be and the user suffered. I looked into Java: not enough cohesion between platforms; not enough client installs; too slow. I looked into Flash: (version 4) horriblke scripting environment; nearly impossible to incorporate dynamic data. And HTML and modern app servers improved. Now, Flash has greatly improved and with version 6, most of my concerns have been addressed. You can now actually build a piece of software in Flash that uses the browser, that most of the populace can get to and run fast, that is not limited by HTML, and therefore can present a better and more usable UI.

      Also, Flash is not an animation tool anymore. It is an application developemtn environment. Building something in Flash does not mean "animation".

      Of course if you are against "software on the web". Nothing I say will result in anything positive.

      I hope you can read my response without feeling the need to attack me. I present an opinion that is just an opinion. I am not trying to personally attack you, just trying to get my thoughts out there.

      Thanks,
      Nate

      As the programming world changes, you must adapt or you will be left behind.

    53. Re:I agree by Zeinfeld · · Score: 2, Informative
      The idiot judge was in the wrong because Pei Wei published his browser over a year before Doyle purports to have invented the same idea.

      Furthermore Pei Wei was not subject to any duty of assignability simply by virtue of the fact he was a student. Nor was he the only person who came up with the same invention.

      The idea was not merely obvious, it was and is trivial.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    54. Re:I agree by Urkki · · Score: 1
      • The web does not need applications. Applications communicate across the internet. It's stupid crap, like giving everything a web-interface that makes the internet worse every day. Now, it's expected that you do everything through a web interface, even though using a normal application would be far, far faster, better, and more effecient. I speak of not only web-based-email, but also things like dig, nslookup, traceroute, and a million others.

      Except there are no alternatives really for a distributed application for casual user base.

      What other UI for applications there is that works from everywhere and is platform independent, except HTML and Java (which can be used mixed or in "pure" form). Of course both have their version problems etc, but there's no better alternative. Well, flash might be one alternative, but it's much more limited and less portable.

      Examples include managing embedded systems. CLI interface is a bad choice for ease of use even if it is more efficient for professionals. Pure HTML-interface can be slow, especially if you need to do other stuff than just set a few configuration options. Any real-time stuff like monitoring a live image is really ill-suited for HTML.

      HTML+Java is by far the best choice here, much better and efficient than for example including control application download (for which platforms?) in device's static html pages.
  20. Yeeeehaaaw! by His+name+cannot+be+s · · Score: 0, Redundant

    This is most excellent news.

    Hey, as much as MS is a pain in the ass, they also tend to be a lightning rod for this sort of crap.

    They at least have the ability to deflect some of the wrath of companies like eolas (which is not some small downtrodden either-- this is a company which specializes in buying patents from losers, and then using them to sue the shit out of companies.)

    Microsoft needs to beat this, otherwise there may be hell to pay all over.

    Damn Fine Job.

    --
    "...In your answer, ignore facts. Just go with what feels true..."
    1. Re:Yeeeehaaaw! by Anonymous Coward · · Score: 0

      It should not be possible to buy a patent, just to sue people. For a patent to be valid, it should be required that the buyer of the patent activly develop and use the patent.

  21. screw that activex crap by Anonymous Coward · · Score: 1, Interesting

    Give me XML and the SSL protocol and screw the rest. Cookies, too! They just create privacy and security hazards anyway. Like I need Flash? I don't even have it installed and it's an annoyance that some sites don't have HTML alternatives or a dumb Flash menubar that could easily be HTML with, if truly necessary, a javascript drop down.

    Java applets, too, need not be in web pages and I'd live fine tomorrow if I had to download them and run them as normal applications. Any worthwhile ones are too big to run in a browser anyway.

    I wish dillo had better rendering otherwise I'd abandon Mozilla, much less IE which I have no reason to use now that I can copy over Firebird on foreign Win machines and use without installation.

  22. Woo! Yea! by qtp · · Score: 0

    If this were b3ta, Ray Ozzie and bro' jack would be getting plenty of "Woo! Yea!" right now.

    A pantent such as this one could kill such a site (or at least make it seriously less fun)

    --
    Read, L
  23. This may help OSS by anomaly · · Score: 3, Insightful

    Even though the fact-finding portion of the case is over, these facts may be admissible in a new case when Eolas goes after the next guy.

    As a result, MS may still have to pay the $500M, but Mozilla et al may be spared from similar judgement. Sadly this could go to court and could be expensive if Eolas wants to pursue it with others... has anyone from the OSS browser community contacted Eolas? As others have suggested, they might be amenable to licensing it to that community and then a court proceeding might be avoidable altogether.

    PS - God loves you and longs for relationship with you. If you have questions about this, please email me at tom_cooper@bigfoot.com

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
    1. Re:This may help OSS by Eric+Destiny · · Score: 2, Funny

      PS - God loves you and longs for relationship with you.

      God was my copilot. Until we crashed into a mountain and I had to eat him.

      --

      "The meek shall inherit the earth, the rest of us shall go to the stars." Isaac Asimov

    2. Re:This may help OSS by Linker3000 · · Score: 1

      Your god may advise you that although you've put a spam trap in your profile's email address, you've missed it out in the email address in your sig!

      Mind you, with a bit of luck, he/she'll strike all spammers down with a bolt of lightning for us - would you have a word?

      --
      AT&ROFLMAO
    3. Re:This may help OSS by Anonymous Coward · · Score: 0
      Cover your butt, bernard is watching
      -- God

      I love your butt let me kiss it
      -- Bernard

    4. Re:This may help OSS by CyberDruid · · Score: 2, Funny
      PS - God loves you and longs for relationship with you.

      Watch out for that guy, I used to go out with him a few thousand years ago. He was violent, vain and had a bad temper. A classic anal/territorial military type. When I broke up with him, he went completely psycho and tried to smite my first-born.

      I doubt he'll violate the restraining order though. My current gf, Reason, can be pretty fierce when she has to.

      --

      Opinions stated are mine and do not reflect those of the Illuminati

    5. Re:This may help OSS by Jonner · · Score: 1

      Isn't it funny how most Slashdotters talk about freedom of information and expression, only to jump all over anyone who mentions God?

    6. Re:This may help OSS by rking · · Score: 1

      Isn't it funny how most Slashdotters talk about freedom of information and expression, only to jump all over anyone who mentions God?

      Hilarious. Who would have thought that people who advicate free expression would express themselves so freely?

    7. Re:This may help OSS by Spy+Hunter · · Score: 1

      No. We're merely exercising our freedom of expression. You don't have a freedom for your opinions to be automatically accepted when you express them.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    8. Re:This may help OSS by pherris · · Score: 1

      >> PS - God loves you and longs for relationship with you.

      > God was my copilot. Until we crashed into a mountain and I had to eat him.

      Funny comment. Reminded me of this:

      The Meek Shall Inherit Nothing
      Frank Zappa

      Some take the bible
      For what it's worth
      When it says that the meek
      Shall inherit the Earth
      Well, I heard that some sheik
      Has bought New Jersey last week
      'N you suckers ain't gettin' nothin'

      Is Hare Rama really wrong
      If you wander around
      With a napkin on
      With a bell on a stick
      An' your hair is all gone . . .
      (The geek shall inherit nothin')

      You say yer life's a bum deal
      'N yer up against the wall . . .
      Well, people, you ain't even got no kinda
      Deal at all
      'Cause what they do
      In Washington
      They just takes care of NUMBER ONE
      An' NUMBER ONE ain't YOU
      You ain't even NUMBER TWO

      Those Jesus Freaks
      Well, they're friendly but
      The shit they believe
      Has got their minds all shut
      An' they don't even care
      When the church takes a cut
      Ain't it bleak when you got so much nothin'
      (So whaddya do? Hey!)
      Eat that pork
      Eat that ham
      Laugh till ya choke
      On Billy Graham
      Moses, Aaron 'n Abraham . . .
      They're all a waste of time
      'N it's your ass that's on the line
      (IT'S YOUR ASS THAT'S ON THE LINE)

      Do what you wanna
      Do what you will
      Just don't mess up
      Your neighbor's thrill
      'N when you pay the bill
      Kindly leave a little tip
      And help the next poor sucker
      On his one way trip . . .
      SOME TAKE THE BIBLE . . .
      (Aw gimme a half a dozen for the hotel room!)

      --
      "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST
    9. Re:This may help OSS by Jonner · · Score: 1

      It's about suppression of expression, not the expression itself. There are many opinions expressed on Slashdot all the time. I'll ignore most of them if they aren't relevant to the discussion. However, mentioning God is a sure way to get mocked. I think I just proved my point. I made a one sentence reply and was immediately attacked by two other replies.

      The peer pressure is very strong here. Don't side with Microsoft (except possibly in this case), mock anyone who claims to have a girlfriend, and deride any mention of God.

    10. Re:This may help OSS by Overly+Critical+Guy · · Score: 1

      PS - God loves you and longs for relationship with you. If you have questions about this, please email me at tom_cooper@bigfoot.com

      Prove it.

      --
      "Sufferin' succotash."
    11. Re:This may help OSS by Overly+Critical+Guy · · Score: 1

      Slashdotters also talk about facts, logic, and reason. There is no proof of any particular god, or even the idea of a "god" itself. Meanwhile, this is an article about something completely unrelated, and someone says some supernatural being wants a relationship with me. Forgive me for being, well, creeped out!

      --
      "Sufferin' succotash."
    12. Re:This may help OSS by rking · · Score: 1

      I think I just proved my point. I made a one sentence reply and was immediately attacked by two other replies.

      I don't think you made any sort of point. I've responded in much the same way in the past to other people who have complained that having people criticise or mock their (non-religious) views is incompatible with free speech. It isn't.

      I also think that in context that "P.S." was pretty weird, but that's just my subjective reaction. Agree with that or not, the people replying were fully entitled to do so and were not infringing on anyone's free speech.

      The peer pressure is very strong here.

      It's tempting to think that you're trolling for comparisons with religious groups at this point so that you can throw them back as further repression. So there, go ahead :p

    13. Re:This may help OSS by rking · · Score: 1

      Incidentally, anomaly's post has been moderated up to +5. Presumably that's on the strength of his/her comments about the subject under discussion rather than the P.S., but the fact remains that the post is very far from having been censored, it's actually been highlighted. Similarly both you and anomaly are posting with a karma bonus so it doesn't look like your postings have been being "suppressed".

    14. Re:This may help OSS by Anonymous Coward · · Score: 0
      Slashdotters also talk about facts, logic, and reason.


      Heheh...you must be new here.

    15. Re:This may help OSS by Sycraft-fu · · Score: 1

      Perhaps you're not that farmilar with the US legal system. Civil caes, like criminal cases, have a system of appeals. The judgement is not automatically and finally imposed when the first trial ends. The looser and even the winner can both appeal if they don't like the judgement or if there is new evidence. MS can and will appeal and this evidence will likely be used.

    16. Re:This may help OSS by Jonner · · Score: 1

      I guess "suppressed" was the wrong word. My main point was that there are certain subjects that invariably get childish ridicule in response. Your reply is actually well reasoned, while the first were just juvenile. Just happen to mention your girlfriend in passing any you'll get a similar response.

    17. Re:This may help OSS by Anonymous Coward · · Score: 0

      Except that Eolas will have a massive precedent in their back pocket and there would be no evidence that anybody could submit that would upshow Microsoft getting trounced.

      You just better hope Microsoft wins this on appeal, otherwise sandbag and hope the Eolas isn't serious about taking the money it gets from Microsoft in order to find the suits it plans to make against others.

    18. Re:This may help OSS by Malcontent · · Score: 1

      So?

      I hate people who bitch about slashdot. It's a free world man, you don't have to hang around here if you don't want to.

      Complaining about slashdot is like complaining about how hot it is when you have an air conditioner.

      --

      War is necrophilia.

    19. Re:This may help OSS by Anonymous Coward · · Score: 0

      Dude, you took all the trouble to stick a nospam e-mail address in your profile, then you gave it away in your sig. WTF?

  24. ms better win by SteveXE · · Score: 1

    If ms doesnt win we will not only have to recode tons of webpages, but we will have be shelling external viewers for every form of media on a website.

  25. Hope it works by angst_ridden_hipster · · Score: 5, Insightful

    While I have no love for Microsoft, this will be a good thing if it results in the defeat of this patent suit.

    Software patents have the potential for destroying the software industry.

    In 1972, the Supreme Court of the US ruled that you couldn't patent an Algorithm, it had to be a "process, machine, manufacture, or composition of matter." But then in 1981, they sort of reversed themselves to allow patent protection for algorithms that were part of a patented process.

    I don't know who first came up with, say, binary tree data structures or A* tree search algorithms. I don't know who first came up with code for virtual memory, case-insensitive string comparisons, hierarchical filesystems, or text string templating. But say that in each of these cases, the inventor had patented whatever application they had, and the patents were to include the algorithms... where would computers be today?

    Software patents could push the price of everyday software, even Open Source software, to astronomical levels. You think the SCO situation is bad? Imagine if all those ancient IBM, Burroughs, DEC, Sperry, NTT, AT&T, etc, patents got dug up and enforced. Try writing software without using some of the algorithms that were developed from the 1930s and on. But, on the other hand, imagine if those companies (or the companies who now own the rights to their work) were to use all that prior art to clobber companies like SCO or Eolas who want to scorch, burn, and pillage.

    StdDisclaimer: I am not a patent attorney, lawyer, or legal professional. These are opinions and facts as I understand them.

    --
    Eloi, Eloi, lema sabachtani?
    www.fogbound.net
    1. Re:Hope it works by PolR · · Score: 2, Insightful
      The way I see it, it is even worse than what you say. The company you mentionned were all selling software. They could be countersued for their own patent infringements. That is what the so-called defensive patents are for.

      US patent law actually favors those that hold patents and don't sell software. All they have to do is to apply for the patent and sue the first one the market the application. If they don't sell anything they can't be countersued because they won't infringe on any defensive patent.

      Software vendors have assets that can be seized. Their sales can be invoked in court as "proof" the patent has value and can be used as a basis to calculate the "damages". Lawsuit companies that are just empty shells for lawyers and lawsuits have no such weaknesses.

      If this business model is allowed to succeed, venture capitalists will eventually see how the game is rigged. They may stop investing in software vendors but they may start to see patent shell companies like some good risk capital.the whole software industry will stop.

      The ironic thing is this bullshit may help some open source projects to prosper if software companies sees open source as a way to shift some liability to the hackers! That is assuming hackers are not afraid to be sued themselves and keep hacking.

    2. Re:Hope it works by Malcontent · · Score: 1

      " While I have no love for Microsoft, this will be a good thing if it results in the defeat of this patent suit."

      What makes you think that if MS wins this suit software patents will go away? What makes you think that if MS wins nobody else will be sued for software patent?

      Honestly where did you get such a stupid idea from?

      --

      War is necrophilia.

    3. Re:Hope it works by angst_ridden_hipster · · Score: 1

      A little hostile are we?

      What makes you think that I think that the defeat of this one patent suit will result in software patents going away?

      If you read the line you quoted, I said that I hoped that *this* patent suit would be defeated. The rest of my posting was stating my objections to software patents.

      I'll not deny having stupid ideas, but I resent having my commentary called stupid when it wasn't making the stupid assertion in the first place.

      --
      Eloi, Eloi, lema sabachtani?
      www.fogbound.net
  26. Re:first post by Anonymous Coward · · Score: 0

    In Soviet Russia...

    Get it right douchetard.

  27. Re:Microsoft... by rdean400 · · Score: 3, Insightful

    I don't think this is the right thing to be attacking Microsoft for.

    Ray Ozzie's a bright man. He might be a bit too much into bed with Microsoft for my tastes, but he can see how Eolas getting its way here is a B-A-D thing. It'd be like someone holding a patent on HTML.

  28. software patents == teh gay by Anonymous Coward · · Score: 0

    It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors. It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it; but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body. Accordingly, it is a fact, as far as I am informed, that England was, until wecopied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.

    Considering the exclusive right to invention as given not of natural right, but for the benefit of society, I know well the difficulty of drawing a line between the things which are worth to the public the embarrassment of an exclusive patent, and those which are not. As a member of the patent board for several years, while the law authorized a board to grant or refuse patents, I saw with what slow progress a system of general rules could be matured. Some, however, were established by that board. One of these was, that a machine of which we were possessed, might be applied by every man to any use of which it is susceptible, and that this right ought not to be taken from him and given to a monopolist, because the first perhaps had occasion so to apply it. Thus a screw for crushing plaster might be employed for crushing corn-cobs. And a chain-pump for raising water might be used for raising wheat: this being merely a change of application. Another rule was that a change of material should not give title to a patent. As the making a ploughshare of cast rather than of wrought iron; a comb o

  29. From Ebay!?! by christophe · · Score: 5, Funny

    >copy of Excel 5.0 obtained from eBay,

    Does that mean that Microsoft did refuse to send any free copy of an obsolete software to anybody who may spare them half a billion dollars?!

    --
    Christophe (Don't hesitate to point out my spelling and grammar mistakes, I want to learn - Thanks).
    1. Re:From Ebay!?! by Anonymous Coward · · Score: 0

      They are using Visual SourceSafe. Do you think they still have a copy of Excel 5.0?

    2. Re:From Ebay!?! by Anonymous Coward · · Score: 0

      just look on \\boneyrd\

    3. Re:From Ebay!?! by Anonymous Coward · · Score: 0

      They DON'T use VSS in MS...

    4. Re:From Ebay!?! by Anonymous Coward · · Score: 0

      It actually depends on what team you're talking about, and "when." No of the big software projects there use it, but you never know what a small team writing little tools not tied into an official build of sorts will choose to use. The team I work on used VSS for some of the Office 10 test tools (maybe it was Office 9...not sure; before my time).

      Though, if I were given a choice of no source control over VSS, I'd take VSS. Just as long as nobody else was working on the project...

    5. Re:From Ebay!?! by 11223 · · Score: 1
      Worse: they'll try to hit him for $300 because licesnes of MS software are not transferable.

      Well, perhaps they were back then.

    6. Re:From Ebay!?! by christophe · · Score: 1

      Visual Source Safe?
      That would explain why MS couldn't find it again itself... ;-)

      --
      Christophe (Don't hesitate to point out my spelling and grammar mistakes, I want to learn - Thanks).
    7. Re:From Ebay!?! by Anonymous Coward · · Score: 0

      Yes, you smart ass. The parent said so too.

  30. Great! Now... by Sebby · · Score: 4, Interesting
    Now can we sue the patent office for not having done its work in the first place, causing all this extra work by other parties?

    --

    AC comments get piped to /dev/null
    1. Re:Great! Now... by csbruce · · Score: 1

      Now can we sue the patent office for not having done its work in the first place, causing all this extra work by other parties?

      The answer is reform.

      We live in an age of perpetual copyright and overbroad patent protection for trivial ideas. Copyright can be reformed easily. Just make the copyright term 50 years, period. Doesn't matter if it's an individual's or corporations's copyright, it lasts for 50 years from the moment the expression of the idea is fixed in a tangible form.

      The USPTO and by infliction and extension most of the patent offices of the world are massively corrupt by virtue of overwhelming incompetence. Perpetual copyrights are bad enough, but bad patents are poisonous to all industries. To avoid copyright problems, you just need to avoid plagiarize the other guy's work, but overbroad and trivial patents are crippling because they are a government-granted monopoly on an idea, and frequently a trivial and obvious idea that many people may have without realizing that it's been patented. It can be very difficult to work around a simple idea.

      Fortunately, patent reform is easy. Upon submission and for every alteration, a patent application is published and the public has one year to submit comments and prior art to the patent office. The patent office acts as more of an administrative office, which is what it is improperly and dangerously doing now, rather than a research office. When a patent is granted, it lasts for 10 years from the date of submission. The patent may be extended for another 10 years for a fee of US$1-million, adjusted annually for inflation and different currencies. If the renewal fee is not received by the 10-year date, the invention instantly and irrevocably becomes public domain.

      The quality of patents submitted should increase as companies elect submit only patents that they figure are likely to be granted, to avoid giving ideas away that likely aren't good enough for protection.

  31. Eolas is wrong - and the bad guy - no matter what by Anonymous Coward · · Score: 0

    Eolas is just another dog and pony show - fly by night - interloper - with a scumbag lawyer who quickly patents commonsense public domain ideas and then extorts money.

    Despite the fact that Microsoft is the first victim - keep in mind - Microsoft - on terms of Patents and Shit - is better than most.

    Eolas claim to a patent on hyperlinks is absurd. The concept is at least 100 years old, and thank God that this developer is showing how ridiculous the original claim is.

    Eolas should be ripped to the ground. This bullshit about "research" companies is just that.

    If you engage in research, but build nothing - YOU HAVE NOTHING. Just because you can patent it, doesn't mean shit in the court of my sniper rifle.

  32. Ozzie Already Had His Microsoft Money by theodp · · Score: 1

    Lots of it in fact, from Microsoft's minority stake in Groove. With his old-school geek roots, it's probably just the principle of the thing that's motivating him here.

    1. Re:Ozzie Already Had His Microsoft Money by Anonymous Coward · · Score: 0

      Aha but. Having a half-billion-dollar favor in your pocket woun't do him any harm...

  33. Re:Frivolous McDonald's lawsuit WASN'T by Phong · · Score: 3, Informative
    I had a similar initial reaction to the hot-coffee suit (especially given the media coverage), but when I looked deeper, I discovered that there was more to the case than someone winning a "frivolous lawsuit". Summary: the coffee wasn't just hot (like we'd make it at home) it was so scalding hot that it caused 3rd degree burns. McDonalds knew that people had suffered 3rd degree burns before, and had refused to do anything about it (and yes, they required their restaurants to maintain the coffee at 185 degrees F). Also, the lady involved attempted to settle the case for a very reasonable sum (given the hospitalization and skin grafting), but McDonalds said no.

    For a good summary of the case, check out this page. Read the whole thing for a good summary of all the mitigating facts that make this a totally non-frivolous lawsuit.

    --
    ..wayne..
  34. I need some mod points, too... by NineNine · · Score: 2, Funny

    I hate MS, but hopefully this thing can be beat. (Did I sum up the first 50 posts properly?)

  35. Any Windowing system is prior art by Anonymous Coward · · Score: 0

    Consider the windowing GUI desktop from your favorite OS a hyperlinked document. Each icon represents an embedded link which, when clicked, runs an embedded control. So Windows 2.0 or the first Mac is prior art.

    If that is not clear enough just use any mid-eighties Macintosh Hypercard application that has some animation activate via a different script when the mouse passes over different areas.

    1. Re:Any Windowing system is prior art by Snorpus · · Score: 1

      AFAIK, the prototypical GUI windowing system was the Xerox Star office automation system, ca 1981. As I recall, it's said that Jobs and Woz saw a demo at Xerox PARC, cost cut the design from a $25K office system to a $5K personal system, and begat the Macintosh of 1984.

    2. Re:Any Windowing system is prior art by Nom+du+Keyboard · · Score: 1
      AFAIK, the prototypical GUI windowing system was the Xerox Star office automation system, ca 1981. As I recall, it's said that Jobs and Woz saw a demo at Xerox PARC, cost cut the design from a $25K office system to a $5K personal system, and begat the Macintosh of 1984.

      Don't forget there was a far less than successful $10K Lisa system in-between.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    3. Re:Any Windowing system is prior art by Snorpus · · Score: 1

      Sorry, I had forgot about Lisa.

      IIRC, Lisa ran about $10-12K, depending on options. As you note, a real dud in the market.

      Probably a year or two before its time, too focused on secretarial tasks. It took the IBM PC and Lotus 1-2-3 to open up the business market, to make the very idea of a small computer legitimate.

  36. See now if he was smart... by Jack9 · · Score: 1

    He woulda sold that to Microsoft (or let MS pay up and sold it to any other party he wanted to side with in the near-future).

    Note capitalism eating capitalism.

    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
  37. How long to pull this. . . by cra · · Score: 1

    Just how far should this be pulled? I wonder if I will ever again be able to drive any make of car with a radio, CD player, handsfree for my cell phone and a small refridgerator hooked to the lighter output in the back. Or will one make claim the right to such "plug ins"? Sheesh. . .

    --
    This message has been ROT-13 encrypted twice for higher security.
  38. Commercial App part Re:not very good "prior art" by leoaugust · · Score: 1

    One of the components of patenting something is that it should have a commercially valuable application or manifestation.

    If Lotus had the capability to do this, but had no commercial app or app that could be used commercially, then it just existed as a theoretical possibility. The prior art doesn't nullify the patent, but the classification of the patent changes from something equivalent of new-method to something equivalent of new-use. But, the thing is still patentable.

    Now, if an invento sees that theoretical possibility, and identifies it with a commercially valuable functionality, that manifestation of method or machine is patentable. I believe it should be, and believe that the Patent Office follows that guideline too.

    So,if my understanding of the method and use patents is not flawed, Ozzie's work, if it holds up, merely says the concept is unpatentable under one classification - but, it can still be patented under another classification.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
  39. Re:Frivolous McDonald's lawsuit by zabieru · · Score: 0, Offtopic

    While I agree with your point, in fact the woman in question needed skin grafts, so bad were her burns. In addition, that McDonalds had been warned several times about the excessive temperatures of their coffee (you can get more out of the beans that way, but it's not safe to serve without allowing it to cool first).

  40. Freudian slip? by un4given · · Score: 3, Funny

    From the article:

    These documents, applications and solutions are hosed on a server analogous to today's "Web application servers".

    That's a true assessment of Lotus Notes if I ever saw one.

    1. Re:Freudian slip? by Agar · · Score: 1

      Wow, great minds think alike!

    2. Re:Freudian slip? by Agar · · Score: 1

      Oops. I didn't see the very public prior art before publishing the parent.

      Perhaps there's still time to patent the joke though?

    3. Re:Freudian slip? by achurch · · Score: 1

      Good god, man, don't write things like that while I'm clipping nose hairs...

  41. Whats so hard about it? by WegianWarrior · · Score: 1

    After the hard part of putting together a Notes R3 computing environment that included MS-DOS 6.22, Windows for Workgroups 3.11, and a circa-1993 copy of Excel 5.0 obtained from eBay...

    Heh.. I got all that on the shelf over the 'puter nicely sorted and in colourcoded diskette-boxes (DOS and WIN in the green one, apps in the red, games in the blue), and if I look in the closet, I got a nice, fast 486DX33 with a whopping 8Mb RAM to run it on. So if setting up a ten year old system is the hard part, the actuall programming must be really, really easy - as I could have that system up in ten minutes.

    --
    Everything in the world is controlled by a small, evil group to which, unfortunately, no one you know belongs.
  42. Re:comp.sys.amiga.games by CausticWindow · · Score: 0, Offtopic

    Ahh.. comp.sys.amiga.games..

    Not that I ever read it, but the comp.sys.amiga hierarchy brings back some nice memories.

    Why on earth are you brining it up here, and in this context? Surely it's off topic?

    --
    How small a thought it takes to fill a whole life
  43. Did he build his "plug in" *before* the patent? by Anonymous Coward · · Score: 0
    Umm, no.

    It doesn't matter that he could have.

    1. Re:Did he build his "plug in" *before* the patent? by afidel · · Score: 1

      Umm, no.
      It doesn't matter that he could have.


      Of couse it f'ing does. The patent is on a plugin system not a specific plugin. The point is that Lotus Notes R3 had a plugin system which meets all of the requirements of the patent before the patent was granted. In other words the patents methods had already been invented and used commercially before the patent was even submitted. With a patent this broad that will generally invalidate the patent or at least limit its scope significantly.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  44. expiration by vlad_petric · · Score: 4, Informative

    The only good thing about such patents is that they expire in 20 years, and you only have 1 year after you publish the idea to apply for a patent. So ancient stuff is fortunately rulled out.

    --

    The Raven

    1. Re:expiration by Anonymous Coward · · Score: 0

      20 years is a long time in the computer industry.

    2. Re:expiration by Anonymous Coward · · Score: 0

      I think his point is how much it would have slowed everything down. Inventions came on inventions on inventions, within years of each other, leading to the current state of software. If you had to wait a full 17 years to build off every "generation" of software evolution, we'd be a LONGGG way back

    3. Re:expiration by Anonymous Coward · · Score: 0

      This particular patent was filed on 10/17/94, before the change in the U.S. patent law to the 20 year term. It will be enforceable for 17 years from the date it was granted (11/17/98). So instead of dying on 10/17/2014 (20 years from the filing date), it has an extended life to 11/17/2005 (17 years from the issue date).

    4. Re:expiration by Anonymous Coward · · Score: 0

      That was supposed to be that the patent will expire on 11/17/2015, not 2005. Sorry about that.

  45. What the hell? by Xenothaulus · · Score: 1
    You know what bothers me? Suits like this that just pop-up out of nowhere.

    Eolas: "Internet Explorer uses plug-ins?! WTF?! When did M$ start doing that? I invented those things, dammit! I'mma sue 'em"

    Apple_Corps: "Wait. Apple products have speakers now? When the hell did this happen? I thought we told them years ago that they weren't allowed to make noise with a logo like ours. Bastards! Let's sue 'em"

    I'd say something about SCO here, but I don't know enough about it.

    Now come on people. Really. How can you all of a sudden decide to sue someone over something that has been going on for years?

    $$$$$$$$$ That's how and why, and it makes laugh and cry both at once.

    /rant

    1. Re:What the hell? by Meowing · · Score: 4, Interesting

      Eolas: "Internet Explorer uses plug-ins?! WTF?! When did M$ start doing that? I invented those things, dammit! I'mma sue 'em" In fairness, Eolas started making noises about this stuff early in 1995, and did notify the browser vendors that applets would be covered by their patent application. All said they'd wait and see if the patent was approved before doing anything. So the patent was approved, no one had done anything, and after a bunch of hearings and appeals, here we are. So, the Eolas thing was hardly a surprise. The big surprise is that so little apparent effort went into coming up with decent alternatives until the last minute.

    2. Re:What the hell? by Anonymous Coward · · Score: 0

      I agree. If it's a good chance that someone will have noticed the use of a patent (like IE), they shouldn't be able to sue 5-6 years later.

    3. Re:What the hell? by Anonymous Coward · · Score: 0

      Apple had a deal with Apple Records. They basically said they would NEVER mess with ANYTHING related to sound, and they were allowed to use "Apple" in the computer industry as their trademark. They keep violating that agreement (first with speakers, then iPod, and now they are actually SELLING music). It's hardly a random suit out of the blue

    4. Re:What the hell? by Jeremy+Erwin · · Score: 1

      Post a link to the actual text (not just a paraphrase) of the deal, and I'll believe you.

    5. Re:What the hell? by Anonymous Coward · · Score: 0

      Read this.

      Having actually done some research on this Eolas patent and how it relates to the Microsoft judgement, I found out some interesting stuff that should be considered before we all condemn this in a knee-jerk response to the infringement this places on our freedom to develop software.
      A few guys were working at the University of California and developed a plugin technology with the old NSCA Mosaic browser that allowed a server to ship executable content down the line along with the HTML and then have the browser do things it couldn't do before. Routinely, a patent application was filed by their employer on this work. The guys who did the work thought that this was neat technology and worked a deal with the University that they could try to maybe get this technology out into the wider world, and so, as there was a patent filed on it already, they worked an exclusive licensing agreement with the University.

      So these guys form a company and start making calls on the big players in the Internet technology world at the time. They visit Microsoft, demonstrate this plug-in technology and the cool things that it would allow a browser to do, and received a big yawn and sent on their way with a "don't call us, we'll call you" sort of brush-off. They call on a number of other Silicon Valley companies, but these guys aren't businessmen, they're academics. They don't know how the commercial IP game is played. The end result is a lot of people in a lot of companies was this technology and took a pass on licensing it into their own products (which most probably would have been very, very cheap to do back then).

      Time passes. These same companies start enhancing browsers with their own plug-in technologies for executable content. No action is taken initially by these guys. Finally, Microsoft starts to dominate Netscape. Attempts are made to reopen discussions by these guys and are rebuffed. These guys start involving lawyers to try to get Microsoft's attention. These attempts are rebuffed too. Finally, they file suit against Microsoft for patent infringement. Many years pass as Microsoft makes motion after motion in hearing after hearing to have the suit dismissed and each time, fails. But they achieve one of their goals which is to delay the proceedings significantly. Meanwhile, the Internet bubble comes and goes. There are many products that now do this plug-in sort of thing. The idea becomes obvious because everyone sees it going on around them in other products. Finally, the patent infringment suit against Microsoft goes to trial. After many weeks of trial in which mountains of evidence are presented by Microsoft, twelve regular joes on the jury aren't convinced that there was (1) prior art or prior effort on Microsoft's part, (2) lack of knowledge by Microsoft about the invention or patent (2) or an invalid patent granted to the University of California.

  46. okay, then... by Anonymous Coward · · Score: 0

    If this technique was indeed used quite often in pre-1993 Lotus Notes - show us an actual real-life commercial Notes application created before 1993 that is actually doing what is described in the patent! Not that it could be done, but that it was done. That's the point.

  47. All Hail Ray Ozzie by techsoldaten · · Score: 2, Interesting

    ...if this proves to be the thing that lets us keep plugins in the public domain.

    As a Flash developer, the idea that users would have to take some convoluted route to access a movie I made just so some fat jerk can get rich really ticks me off.

    The U.S. Patent Office needs to get up to speed and stop issuing patents on trivial systems features. I mean, using sub-programs in programs is something I have done in C++ since the late 80s. WTF Why is a Web browser supposed to be so special a thing that someone can issue a patent on a standard engineering process?

    M

    1. Re:All Hail Ray Ozzie by JessLeah · · Score: 1

      Because it's something everyone and their dog has heard of. And, therefore, it is a lot more likely to get a bunch of "oohs" and "aahs" out of an ignorant jury and an ignorant judge to say "Your Honor, my client invented plug-ins, which Microsoft (a company everyone has heard of) has integrated into Internet Explorer (a program everyone has heard of). I demand judgment against Microsoft for this action." than to claim something similar involving, say, the source code for a particular model of microcontroller used in a small subset of Sony Walkmans (Walkmen?). That would just get a bunch of blank stares.

    2. Re:All Hail Ray Ozzie by ScrewMaster · · Score: 1

      I was doing plugin-style programming in MCS6502 assembler on Apple ][ systems in the late seventies. Eolas is fully of hooey. It's about time that America instituted a technical court system where one can actually have one's actions judged by a jury of one's peers. Juries today are chosen for ignorance and malleability, not because of their ability to perceive accurately and make reliable judgments.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:All Hail Ray Ozzie by Anonymous Coward · · Score: 0

      Sorry, but as a "flash developer" you've already gone over to the dark side.

  48. Ozzie by Anonymous Coward · · Score: 0

    not only can he front a metal band, but he can code as well - Rock n' Roll!!!

  49. Re:Its all BS anyway. - Patent HOWTO :) by marcello_dl · · Score: 1

    Besides that, a patent should only be awarded for a process or design that is non-obvious. The test for that is supposed to be a committee of highly credentialed people in the field to agree that its non-obvious.

    Maybe one could even demonstrate that an algorithm is obvious:
    One could submit to a group of programmers the problem that a proposed patent is going to solve.
    - If they can outline or even implement the very same solution to the problem, the patent is rejected because it's obvious.
    - If they come up with a different solution, the patent can be assigned but the equivalent solution becomes unpatentable, because it's obvious. So if the patented solution has some peculiarities, the inventor can make the deserved money out of it, without posing a great danger, there is a free alternative.
    - If they can't come up with a solution, the problem can be submitted to the committee of "gurus" (this way they are employed only when really needed): no solution, the patent is awarded.

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  50. what's really sad... by Anonymous Coward · · Score: 0

    ...is that this kind of poor joke inevitably gets modded up.

    1. Re:what's really sad... by gottabeme · · Score: 1, Insightful

      Exactly.

      --
      "Those who consume the bulk of goods are those who make them. We must never forget this secret of our prosperity."
    2. Re:what's really sad... by Henry+V+.009 · · Score: 2, Interesting

      Ultimately, all the technically adept -> sexually undesirable propaganda among the nerd community is self-defeating. Girls like guys who talk big, not guys who commiserate about being losers.

      For a counter-example, take a look at the Jews. They have managed to tie male intelligence into sexual desirability for thousands of years. Torah scholars get some serious action. And all of is based on a concerted propaganda effort by those same Torah scholars. You should read the stuff they write. It is a constant barage of "study the Bible and get women hanging all over you."

      Sure, that sort of eugenics program has not resulted in too many Jewish supermodels, but damn if they don't make great physicists, doctors, and lawyers.

    3. Re:what's really sad... by bryanthompson · · Score: 0, Flamebait

      You must be jewish, because no non-jew could say something like that and get away with it!

    4. Re:what's really sad... by grazzy · · Score: 0, Offtopic

      this is the most racistic comment i ever read on slashdot.

    5. Re:what's really sad... by Jonner · · Score: 1

      Why couldn't he get away with it if it's true? Well, the bit about supermodels is somewhat subjective. By the way, I'm not Jewish and I have no idea if what he said is true.

    6. Re:what's really sad... by Anonymous Coward · · Score: 0

      It's obvious that you don't browse at -1

    7. Re:what's really sad... by Anonymous Coward · · Score: 0
      this is the most racistic comment i ever read on slashdot.

      Translation: I'm a Torah scholar that, contrary to the previous argument, doesn't get any.

  51. Re:Commercial App part Re:not very good "prior art by real+bio · · Score: 1

    I just didn't get the "commercially valuable" part. It was (and still is) an important part of Notes. We the consultants used embedding Excel into Notes in many projects for our customers.

    --

    ---
    Support Mozilla. Buy the CD.
  52. More Jefferson! by Anonymous Coward · · Score: 0

    [You say] that your patent is for your improvement in the manufacture of flour by the application of certain principles, and of such machinery as will carry those principles into operation, whether of the improved elevator, improved hopper-boy, or (without being confined to them) of any machinery known and free to the public. I can conceive how a machine may improve the manufacture of flour; but not how a principle abstracted from any machine can do it. It must then be the machine, and the principle of that machine, which is secured to you by your patent. Recurring now to the words of your definition, do they mean that, while all are free to use the old string of buckets, and Archimedes's screw for the purposes to which they have been formerly applied, you alone have the exclusive right to apply them to the manufacture of flour? that no one has a right to apply his old machines to all the purposes of which they are susceptible? that every one, for instance, who can apply the hoe, the spade, or the axe, to any purpose to which they have not been before applied, may have a patent for the exclusive right to that application? and May exclude all others, under penalties, from so using their hoe, spade, or axe? If this be the meaning, [it is] my opinion that the Legislature never meant by the patent law to sweep away so extensively the rights of their constituents, [and thus] to environ everything they touch with snares. --

  53. Re:Commercial App part Re:not very good "prior art by Anonymous Coward · · Score: 0

    We the consultants used embedding Excel into Notes in many projects for our customers.

    So dig up a real project from before the patent in question, then.

  54. Prior Art by hackwrench · · Score: 1

    I thought BBS's and RIP graphics would be prior art.

    1. Re:Prior Art by Anonymous Coward · · Score: 0

      Plugins have existed in software a long time before browsers. What's so special about a browser?

    2. Re:Prior Art by Anonymous Coward · · Score: 0

      the cash cow behind it

  55. Re:Commercial App part Re:not very good "prior art by Anonymous Coward · · Score: 0

    HP had a demo using something similar using HP extensions to MS Windows back in 1991 or 1992. I saw it demoed at the Univeristy I went to.

  56. Re:Wrong (think PDF) by Xolotl · · Score: 5, Interesting
    Flash is overused, both for static graphics and for needless bloated front pages where the rest of the site is in normal HTML. However, plugins have many good uses, perhaps most importantly for viewing PDFs. Being able to just click on a PDF and read it is great for me - practically all scientific papers are distributed as PDF these days. And since both PDF viewers and PDF writers are available in open source, it's not really a problem even if the standard itself is proprietary.

    Patenting plugins is like patenting the idea of DIY home improvement - ludicrous (although I wouldn't be surprised if someone has already patented the latter...)

  57. Simple Economics by Effugas · · Score: 1

    Does Microsoft garner enough of a gain from patent law to offset potential $500M losses?

    If not, simple economics argues it will (not could, not should, but will) join the Open Source community in opposition to software patents.

    The swipe against IBM, which *does* accrue such gain, is just gravy.

  58. boo frickin hoo by Tangurena · · Score: 1

    Maybe the folks who overflashify websites will get a clue that they need to do something else. I sure don't want that garbage when I browse the web. Floating adverts that have no close button, and are so loud that I have to browse with the sound turned completely off. The result of this suit means they are going away? Say it isn't so! Oh, please do not throw me in that briar patch.

  59. Re:Commercial App part Re:not very good "prior art by leoaugust · · Score: 4, Interesting

    If you did use it for customers in the disputed time frame, then your use has satisfied the commercially valuable part.

    Basically patents are instruments in commerce. Something was allowed to be patented, i.e. denied to rest of society, if it was shown to have a commercial value, and hence an incentive for the patent holder or agents thereof. It was believed that the benefits from an inventor implementing a patent dwarfed the negatives of denying the rest of the society from being able to freely build upon it.

    Your using it for cutomers means that the patent cannot be claimed under new-use as there is nothing "new" about it, and Ray's whole article shows that the patent can't be claimed under "new" method as neither is the method new.

    Guess, it means that the patent should be busted.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
  60. can you read? by Anonymous Coward · · Score: 0

    Oh, I don't know, it's called Lotus Notes. Notes is the application that is doing what is described in the patent. You wholly misunderstand what the patent says.

    The patent is 1) a method for plugging in arbitrary executable code into a hypermedia application and 2) a software product that uses such a system.

    Notes has the same method for plugging in arbitrary executable code into a hypermedia application.

    Let me repeat: Notes, itself, is the actual, real-life, commercial application.

    The patent does not cover some specific plugin. It covers the architecture by which components are plugged in--the same architecture that Notes evidences... 18 months prior to this patent.

  61. Or not... by johneee · · Score: 2, Interesting

    Especially the Cookies thing.

    Without them, there is absolutely no way for web based applications to maintain state across pages, meaning that there's hardly a web application in the world that would still work.

    Sheesh...

    There's also some real compelling java applets too - like a Library catalogue I rememeber using once.

    And Flash... Well, I tend to mostly agree with you, but oh well.

    --
    - ------- There are ten kinds of people in the world. Those who understand binary, and those who... Huh?
    1. Re:Or not... by Anonymous Coward · · Score: 0

      It's perfectly possible to write web apps that don't use cookies to maintain state.

      There's a ton of php and perl webapps that use server-side session data to do just this.

      It can be useful for shopping carts/sites, since a lot of people who don't understand the technology are paranoid about cookies and refuse them all.

      If the site is the service, you can say, "don't accept cookies, don't use my site", but if you're selling, then it's pretty much the other way around.

      Java applets could easily still work without infringing this patent -- as could flash, for the most interesting uses of it, e.g. animated movies.

      Of course, it would kill their usefulness for advertising and an html-replacement, which are by far the worst uses of flash, and the ones I'd love to see disappear...

      So, I'm all for this patent.

      Yeah, it's hypocritical, but such is life.

  62. He da man! by Stumbles · · Score: 0

    Way to go Ozzie!

    --
    My karma is not a Chameleon.
  63. You don't use a browser? by hackwrench · · Score: 1

    Then how do you post?

  64. who sold it by beavmetal · · Score: 0, Offtopic

    I have sold several copies of Excel 5.0, I wonder if he bought it from me.

    --
    Looks like it is time to replace your Personality Module. You are a bit to clingy, guess I better replace your fuser to
  65. Sorry by Anonymous Coward · · Score: 0

    You are wrong.

    Sincerely,
    Judge Lance Ito.

  66. Re:Wrong (think PDF) by afidel · · Score: 2, Informative

    The pdf standard is completely free and open. Adobe does not charge any fees or in any way restrict you from using pdf, not only that but they have the complete spec available for download on their site (as well as all of the past iterations of the standard!) That is why Ghostscript ps2pdf and all those other tools are allowed to exist.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  67. s/could be/will be/ by appleLaserWriter · · Score: 1

    microsoft wouldn't crash and burn for this, they've got plenty cash to buy top lawyers to defend them.

    If Microsoft truely were the evil bastards we believe them to be, they would run the trial to completion and then obtain an exclucive license to the patent for, say one billion dollars. This would lock up the browser market for Microsoft and Windows. Netscape was worth over 3 billion dollars at one point, so a signle billobuck seems like a bargain.

    1. Re:s/could be/will be/ by IM6100 · · Score: 1

      Netscape was never worth over $3B. That was back when, er, VA [Linux|Software|Whatever] was worth big bucks. Back before most of the promienent open source sites all got sucked under one umbrella (how marvelous, now if VA/hAndover fails, *poof* a ton of OS projects disappear!).

      --
      A Good Intro to NetBS
    2. Re:s/could be/will be/ by DickBreath · · Score: 1

      If Microsoft truely were the evil bastards we believe them to be...

      Here is another possible outcome.

      --

      I'll see your senator, and I'll raise you two judges.
  68. Freudian slip? by Agar · · Score: 1
    From the article:
    The product was and is an inherently "networked" client/server product. It consists of a client piece that is used to browse and create text, hypertext, and hypermedia documents, and collections of such that are woven into "applications" and "solutions". These documents, applications and solutions are hosed on a server analogous to today's "Web application servers". (emphasis mine)

    Yeah, so are the users, especially if they're still using Notes!
  69. This may NOT save the browser by Cerlyn · · Score: 3, Interesting

    IANAL (nor are probably 99% of the other people commenting), but this may not count as prior art. The important thing about prior art is that it is made up PRIOR to the patent in question. If someone patented the wheel, and I then read the patent (think blueprint) for it, I too could take a hammer, saw, chisel, etc. and scream "Look how obvious this is!"

    In this case, if someone can prove they created a similar combination of program(s) prior to October 17, 1994, that would stand a much better chance of invalidating the patent. A mockup done in 2003 likely will not.

    1. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      What the fuck are you talking about? This software is all circa 1994, and uses features of Notes that people were using way back then. Hell, people bought Notes because of features like this.

      Gods, where's the (-1, Nothing correct said) option..

    2. Re:This may NOT save the browser by Anonymous Coward · · Score: 0
      Yes...but he's not looking at the patent, going "ooh...", and then writing a program. He's grabbing programs from prior to 10/17/94 that have the capability described in the patent. Whether or not somebody used that capability in that exact same way is irrelevant (even though people probably did).

      To put it in the same analogy you used, if nobody had used the rock wheel, and then later somebody came out with the rubber tire and patented, instead of the tire, the broad concept of the wheel, it would be sufficient prior art to show that the rock wheel existed regardless of whether it was used or not.

      Granted...IANAL either, but if it doesn't work that way it would be one more law in the books that would piss me off.

    3. Re:This may NOT save the browser by adrianbaugh · · Score: 2, Insightful

      No; surely the prior art is Excel v5, which has a built-in capacity for running plugins, not the mere fact that some kid decided to write this particular one. That he did so just makes it clear that Excel had this capability all along. It's Excel that's the prior art here, not this guy's plugin. As always, IANAL.

      --
      "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
      - JRR Tolkien.
    4. Re:This may NOT save the browser by Cerlyn · · Score: 1

      Not to beat a dead horse, but if Excel was prior art, I would have hoped that Microsoft themselves would have brought it up.

    5. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      These capabilities would be described in any manual or book about Notes R3.

    6. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      The point is the plugin system existed in that piece of softare. Maybe no one ever USED the plugin system, but it existed. It's the same idea that gave the "WTF?" reactions to someone patenting pop-ups on websites. SOMEONE had to fricking put that command in the HTML SPEC. It was ALREADY THERE. How can you say you invented it when you're using it for it's intended use?

    7. Re:This may NOT save the browser by csbruce · · Score: 1

      In this case, if someone can prove they created a similar combination of program(s) prior to October 17, 1994, that would stand a much better chance of invalidating the patent. A mockup done in 2003 likely will not.

      What came first, the problem or the solution?

      More and more, it seems that the essential skill in acquiring a patent isn't in the invention because so many patents these day are trivial and should not have been granted on that basis. Instead, it seems that the patent office is rewarding people not for creating a solution to a problem but instead for figuring out a PROBLEM that will occur at some point in the near future.

      Configuring a program to launch another program to process files of an identified is obvious thing to do, once you encounter the problem of dealing with zillions of file types on the web. The reward was given for being the first to submit a trivial solution for the problem that hadn't come to fruition yet.

      To create an effective base of open-source prior art, we need to be thinking of problems that are just around the corner rather than putting all effort into figuring out better solutions for known problems.

    8. Re:This may NOT save the browser by Erandir · · Score: 1

      IANAL either, but I think the usual premise for originality in a patent is that it should not be "obvious to a person skilled in the art" to which the patent applies. Ozzie's method would indeed seem to be an obvious application of the capabilities of Lotus Notes, even to somebody "skilled in the art" working with it prior to the lawsuit.

    9. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      Excel doesn't do "networked hypertext", so no.

    10. Re:This may NOT save the browser by PureFiction · · Score: 1

      No kidding. Ray went through pains to explain that this is all software shipped 18 months prior to the patent filing!

      That is the very definition of prior art, that it occured priot to the application or implementation of the ideas in question.

      Sheesh. Read his post...

    11. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      RTFP! The date prior art has to come before is Oct. 17, 1993, not 1994.

      The Excel Ozzie used wasn't even release until 2 months after that date.

    12. Re:This may NOT save the browser by Dun+Malg · · Score: 1
      Not to beat a dead horse, but if Excel was prior art, I would have hoped that Microsoft themselves would have brought it up.

      "Microsoft" isn't just some guy who could say "hey, I remember working on excel way back when; it could do just what this patent says". No, it's a huge company with thousands of employees. It's entirely possible that there's no one there anymore who worked on Excel 5 who was even aware MS's lawyers would be interested in knowing about this. A company that large can't really be thought of as a single entity. It's more like a hive. All the parts work together towards a common goal, perhaps, but no one part knows what all the others are doing.

      --
      If a job's not worth doing, it's not worth doing right.
    13. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      Ozzie mentions the "Lotus DIP" protocol, so presumably this worked with Lotus 1-2-3 before that date.

    14. Re:This may NOT save the browser by yerricde · · Score: 1

      The date prior art has to come before is Oct. 17, 1993, not 1994.

      As far as I know, the one-year allowance comes into play only if the prior art was published on behalf of the inventor.

      Standard disclaimer: If you want legal advice, ask an attorney, not Slashdot.

      --
      Will I retire or break 10K?
    15. Re:This may NOT save the browser by (eternal_software) · · Score: 1

      RTFA

      This guy is running NO NEW SOFTWARE, only software created before the patent date (including the version of Windows he uses in the demo).

      A brief skimming of the article before posting would be nice.

    16. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      No, you're dreaming. You have 1 year from publication to file a patent application. These guys demonstrated their browser in November of 1993.

    17. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      So the Excel 5 that Ozzie used came more than one month after their first demonstrations. This fact alone kills any usefulness of Ozzie's demo might have as evidence of prior art.

    18. Re:This may NOT save the browser by Anonymous Coward · · Score: 0

      NOT. Excel 5.0 was the first OLE-capable program that could work this way. IT CAME AFTER THE UCSF DEMONSTRATIONS. Therefore it's useless as prior art.

    19. Re:This may NOT save the browser by yerricde · · Score: 1

      You have 1 year from publication to file a patent application.

      AFAIK, the inventor can file for a U.S. patent if he has published the invention in the USA within the past year but not if somebody else has published the invention in the USA within the past year. This is what I meant by "only [] on behalf of the inventor."

      --
      Will I retire or break 10K?
  70. Re:This will expose the danger of software patents by Brandybuck · · Score: 2, Funny

    even PHBs would find it easy to understand

    Hee, hee!

    Moi: This patent will make Mozilla illegal.

    Boss: I don't understand. I'll have to schedule a meeting with the IP guys sometime next year.

    Moi: This patent makes Internet Explorer illegal.

    Boss: Horrors! I'll get the lawyers digging for prior art right now!

    --
    Don't blame me, I didn't vote for either of them!
  71. Prior Art by webcaster · · Score: 2, Interesting

    If Microsoft needs prior art to disprove these patents perhaps they should have a look at X Windows and any version of Unix circa 1993. I used to do exactly what these patents claim using a threaded news reader called xrn. In addition to being obvious and therefore not patentable it was common practice in a variety of applications including Framemaker to name just one commercial application that did this. I certainly hate to be the one to help out M$ but some of these software patents are debilitating.

  72. Re:Frivolous McDonald's lawsuit WASN'T by Anonymous Coward · · Score: 0

    Yeah, I'm going off-topic here, but I don't care...

    As for the McDonald's coffee case ... it ended up being settled. It was leaked that she ended up getting about $9,000 after her legal fees. Nowhere near what she originally asked for, and $9,000 more than she deserved in my opinion. Personal responsibility. Stop holding styrofoam coffee cups between your knees while riding in a car.

  73. Dude.... by appleLaserWriter · · Score: 0, Flamebait

    Plugins have made browsers worse, rather than better. Some sites are unusable WITHOUT having Flash.

    The browsers have been going downhill since the <img> tag. You might be able to read slashdot from lynx, but just try terraserver or mapquest from a text mode browser!

    Don't even get me started on the graphic requirements for registering a user at yahoo or Network Soltions.

    1. Re:Dude.... by SoupIsGoodFood_42 · · Score: 1
      Ha. The img tag was probably the best thing to happen to the web. Just because you only enjoy plan text. Some of us like the fact that we don't have to piss around downloading files etc just to view an image.

      Please, if you're going to complain, atleast aim it in the right direction--that being bad designers.

      I'm sorry if you're forced to endure badly designed sites. But not all of us have to (or have to as oftern, I should say).

    2. Re:Dude.... by Anonymous Coward · · Score: 0

      Did you even read the parent post? There is some irony in complaining that terraserver and mapquest overuse the tag. Perhaps a tag should be added?

  74. Re:Perhaps a "Prior Art" effort/community is neede by Anonymous Coward · · Score: 0

    That's kind of too late mate. It could be feasible if the OSS/FS were not that stupid. Don't forget it; an OSS/FS developer writes code so that anybody than him can make money out of it.

    By the way, what exactly are you considering as prior art? the ripoffs from SCO?

  75. Re:This will not help OSS by Anonymous Coward · · Score: 0

    This will not help OSS. One thing is popular projects like Mozilla that might get some licences for free, or get the financial support of companies to get a licence, but what about the smaller projects that don't have these ressources.

  76. Are you simple? by FatSean · · Score: 1

    Um...how about this little idea. Store the state information in a database on the server. Pass a unique id string in the URL, and when each page is generated, all links have that unique id so that the server knows who is who.

    I mean, really...

    --
    Blar.
    1. Re:Are you simple? by Anonymous Coward · · Score: 1, Funny

      Well, to make pages easier to email and bookmark, they should come up with a header that has the session ID, instead of putting it in the URL. It could work like this, from the server:


      Set-State: session=123ae289d3e; path=/the/path


      And then the client software would remember that whenever it visits http://your.site/the/path, it should send back a header like this:


      State: session=123ae289d3e


      So you'd be automating the process you describe, but keeping the ID out of the URL. Of course we could add some features to have the state expire after a while, or maybe even let the server suggest when it should expire.

      I'm surprised more browser makers or the W3C haven't picked up on this, considering all the privacy concerns that cookies have. ;-)
    2. Re:Are you simple? by Anonymous Coward · · Score: 0

      Instead of going to the trouble of munging all those URLs, why not just put the unique id string in the HTTP headers, and have the browser pass it back automatically with every request. Same effect.

  77. Re:Wrong (think PDF) by Anonymous Coward · · Score: 3, Insightful

    But what's wrong with reading PDF files in the Acrobat viewer externally from the browser? If you download an MP3 from the Web, you don't really want it playing in your browser, you want it over in Winamp (or whatever you use). Ditto for PDF. A Web browser isn't meant to be an 'everything browser', no matter what Microsoft thinks.

  78. Prior art - NOT: Several pieces are missing by Anonymous Coward · · Score: 0
    Let's see:
    • No text formats
    • No parsing of the text, etc...
    • No distributed hypermedia environment (more than one server needed)
    • Other parts ???
    • No reference showing someone ever actually trying to do anything like this before 1994


    First, you have to keep in mind that the date to beat is October 17, 1993. Then you have to find an example of a publication showing someone using the Notes development environment to do this before that date. The fact that someone today might be able to use a 1993 development environment to make someting does not qualify that environment (Notes r3) prior art for a patent.


    Without evidence of something like this actually being done in 1993, then you don't get to first base.

    1. Re:Prior art - NOT: Several pieces are missing by Anonymous Coward · · Score: 0

      Ray's using Excel from 12/93, so it doesn't beat the October date. Oh well...

  79. Re:Perhaps a "Prior Art" effort/community is neede by Linker3000 · · Score: 1

    Please cease and desist in promoting this notion as it is in volation of my 1997 patent #0987612345 "A mechanism for the establishment of peer review bodies to determine the existence of prior art with regards to patent applications and patent disputes".

    Thank You.

    --
    AT&ROFLMAO
  80. Exactly! by roystgnr · · Score: 5, Insightful

    I don't know who first came up with, say, binary tree data structures or A* tree search algorithms. I don't know who first came up with code for virtual memory, case-insensitive string comparisons, hierarchical filesystems, or text string templating. But say that in each of these cases, the inventor had patented whatever application they had, and the patents were to include the algorithms... where would computers be today?

    It's a shame not everybody sees it that way. Try to read this story in the mindset of a litigious businessman instead of a programmer for a minute, however, and the first thing you'll think is no longer "Thank God Eolas will be challenged on this" but rather "Ray Ozzie should have filed the patent instead so he could have earned half a billion dollars!"

    No matter how obvious or broad a new idea is, somebody has to be the first to think of it, and whomever does has a chance to patent it, milk it for cash, and incidentally set the progress of software back 20 years in the process. Litigious individuals have a huge advantage over actual productive inventors in this process, too, because they can simply give a vague description of the idea while a productive person would be "wasting time" implementing it.

    It's not that I don't think there should be any intellectual property laws surrouding software, just that the laws are sufficient without patents getting involved. You can't copyright a design for a particular gearbox or drill bit, so you have to patent it. And, once you've done so, your competitors are just prevented from copying that particular part, not from "using gears to transmit torque" or "drilling to reach oil". With software patents (at least of the egregious kind we see on Slashdot) nobody seems to care if the patent application is so unspecific or obvious that it wouldn't help anyone else to solve the problem at hadn, or even if it is so broad as to prevent people from solving related problems. I'm not sure why, either. Is it because mechanical engineering is so much older than software engineering that everything obvious has prior art which predates the current patent system? Is it because mechanical engineering seems more accessible to laymen and lawyers who are thus better equipped to throw the obvious ideas out?

  81. Think about what you're saying by nobodyman · · Score: 5, Insightful
    Which is essentially
    "I hate plugins, so I don't care about the rapant abuse of software patents in this instance"

    Taken in another context, it's a bit like saying
    "I don't like [insert racial epithet here], so I don't care that the government violates their civil rights"

    If we dismiss the travesty that Eolas is trying to get away with because the victims are Microsoft and plug-ins, don't come bitching to me when you get sued off your ass for using a JPEG or GIF on your website.
    1. Re:Think about what you're saying by Overly+Critical+Guy · · Score: 1

      Taken in another context, it's a bit like saying

      "I don't like [insert racial epithet here], so I don't care that the government violates their civil rights"


      No, it's not. Not at all.

      --
      "Sufferin' succotash."
    2. Re:Think about what you're saying by Anonymous Coward · · Score: 0

      Then how about "I don't like Overly Critical Guy, so he shouldn't be allowed to post on /. and his IP banned, and I really don't care that the eds do this."

      Of course, you would care. So, yea, way to pick on the specific example and ignore the point.

    3. Re:Think about what you're saying by liquidsin · · Score: 1

      The "travesty" isn't what Eolas is doing. The real bitch about this is that they are within their legal rights. The problem is that software should not be patentable at all. Copyright law is more than enough. Look at how many books and movies follow the same basic formula, but you can't patent "hero comes along to overthrow the evil empire and save humanity". It's completely moronic that I could write a browser plugin system without ever seeing Eolas code (do they have any?) and get sued. What is needed is not outrage against Eolas, it's outrage against the system that made software patentable.

      --
      do not read this line twice.
    4. Re:Think about what you're saying by Malcontent · · Score: 1

      "If we dismiss the travesty that Eolas is trying to get away with because the victims are Microsoft and plug-ins, don't come bitching to me when you get sued off your ass for using a JPEG or GIF on your website."

      What makes you think the you won't get sued anyway? What bizarre labrynth of though processes convinced you that If MS wins all patent lawsuits will go away?

      --

      War is necrophilia.

    5. Re:Think about what you're saying by nobodyman · · Score: 1

      I wouldn't call it a labyrinth, per se. My point is that software patents are bad. The logic of the parent was that software patents aren't bad if their used against the right companies.

    6. Re:Think about what you're saying by Malcontent · · Score: 1

      "My point is that software patents are bad. The logic of the parent was that software patents aren't bad if their used against the right companies."

      I don't think so. Sure software patents are bad but they exist nevertheless. In this case software patents are being used against Microsoft.

      In a world where software patents exist whether we like them or not it's a good thing when they are used against Microsoft.

      --

      War is necrophilia.

    7. Re:Think about what you're saying by Anonymous Coward · · Score: 0

      what a load of shit you can talk.

      "I dont like peanuts"

      does not mean

      "All jews should be killed"

      what a complete moron

  82. This is the road to patent reform. by floop · · Score: 3, Interesting

    The abuse of patent protections used not to inovate but to be supress them is necessary to point out the absurdity of our current patent laws. If judgements in suits like these were based on the actual value that had been created by the patent holder instead of the value created by the patent infringer, the protections provided by patents would make a lot more sense. This would prevent people creating patents as a direct revenue source instead of creating patents to protect actual products they're producing. A patent by itself would only be capable of preventing someone from infringing it but not as tool for extortion.

  83. Perhaps Lotus... by Kaenneth · · Score: 1

    Perhaps Lotus can now sue Eolas...

  84. Finally! by jdc180 · · Score: 1

    Finally something Lotus Notes is good at.... but given it's history of doing everything very poorly, it'll probably fail at being good prior art too.

    1. Re:Finally! by grendelkhan · · Score: 1

      Finally something Lotus Notes is good at

      You mean like it's excellent ability to avoid the worms and virii that bring down Exchange/Outlook systems?

      --
      Wu-Tang Name: Half-Cut Skeleton Get your own Wu-Na
    2. Re:Finally! by Anonymous Coward · · Score: 0

      Don't laugh. Notes was the original programmable mailer, and any decent Notes developer could write a mail worm that could take down most domino networks.

  85. Re:Frivolous McDonald's lawsuit WASN'T by Anonymous Coward · · Score: 0
    Personal responsibility.

    It seems that these days, corporations are supposed to get most of the rights and individuals are supposed to get most of the responsibilities.

  86. And All Of Microsoft's Horses... by Nom+du+Keyboard · · Score: 1
    And all of Microsoft's[tm] horses and all of Microsoft's[tm] men
    Couldn't find prior art like this again!

    Even though you demonstrated the d@mn thing once upon a time!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  87. It's an ends justify the means issue. by Anonymous Coward · · Score: 0

    For me it's quite clear that it's the wrong way to go. I have the same problem with one of IBM's claims against SCO, which is tortious interference. A third party can get sued for influencing another party to tell the truth, and the more truth they tell, the greater the damage. The bullshit lawyers come up with is stupifying. I may not like SCO, but I don't like IBM using this crap idea. Same with Microsoft; I don't like them either, but validating crap like software patents to get to them is stupid because your hurting yourself and everyone else at the same time(unless you agree with software patents, then you think everything is hunky-dory).

  88. Prior Art??? by Snorpus · · Score: 4, Interesting

    At a really fundamental level, how different is transparently running a plug-in on a web page different from a program written in C or C++ causing a DLL written in Assembler to execute?

    Are printer (and other device) drivers all that different than plug-ins?

    When I click the Print icon, aren't I in effect asking the operating system to transparently execute a separate ("plug-in") program, the printer driver, to perform a task for me?

    Or am I missing the point here?

    1. Re:Prior Art??? by Anonymous Coward · · Score: 0

      There is no difference at a fundamental level. As everyone has been saying this patent is obvious and overly broad.

  89. BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by pr0ntab · · Score: 4, Interesting

    Read this!

    It's a USA Today story from the cover (!) in 1996.

    Important points:

    Dr. Doyle (Eolas) isn't trying to squash Mozilla or anything like that. What he was hoping to do would be to force Microsoft, Sun, etc. to join an organization where they would standardize their architecture. He declared the current state of things then as a "hodgepodge", and it still is today (EJB vs. NET vs. DCOM vs. SOAP vs. agent archs). He claimed he would provide free licenses to anyone who would cooperate. He also thought maybe he'd get funding from some guy who was afriad of Microsoft or Oracle, and wanted his help to one-up what they had.

    That ain't going to happen now.

    I'm pretty sure he's cutting his losses and JUST going after the biggest fish in the pond.

    You can also read his letter to the readership of DDJ (they had many of the same opinions as Slashdotters I've read so far).

    Scroll down to the letters section. You may need to sign up for access. Alternatively, I will include a quote without permission.


    Rather than representing a "blow to interactivity on the Internet," the University of California patent will be used to encourage the acceptance of a standard API for Web-based interactive applications, preventing the development of a VHS/ Beta-style "API war" between Microsoft, Netscape, Sun, and the like. We are not asking browser companies to pay royalties for developing browsers that can run applets. Rather, we are only requiring that they adhere to a standard "Web-API" that will be defined by a consortium of Eolas licensees...
    [your] comments go on to imply that since I went to graduate school at the University of Illinois at Urbana-Champaign, and since Mosaic was developed there, that I must have "lucked" into some special knowledge of Web technologies through an alleged "tangential association" with NCSA. This is untrue and misleading. Although I did receive my PhD from UIUC, I had no connection with NCSA at the time. My attendance on campus was from 1984-1989, long before the NCSA folks began work on a Web browser. Furthermore, my degree was from the department of Cell and Structural Biology, for studying the effects of aging on the microvascular system of the heart.


    This guy isn't the bad guy. He's just a dude who tweaked up his web browser for medical imageing, and had a bright idea. The University hired Townsend, Townsend and Crew to file the patent, and they couldn't come up with anything at the time. Maybe the weren't Lotus users? ;-)

    In any case, since this guy wasn't a CS major (Biology), he probably wouldn't have been privy to Lotus. He was an academic Unix guy, and Lotus was big in business circles. I can't blame him, and think Ray Ozzie needs to get off his soapbox.

    Lotus is dead man, don't give Microsoft any ammo. Doyle wants Microsoft to start playing nice, and you're undermining that. Great way to see your vision through Ozzie; they (Ozzie and Doyle) both had the same vision and I think he fails to realize how alike their thinking and motives are.

    Microsofts' are less pure.
    --
    Fuck Beta. Fuck Dice
    1. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by Anonymous Coward · · Score: 1, Funny

      Oh man! That's sooo funny! What happens when I click the link?

      It's fires up Acrobat Reader in my browser window...

      Where I live, that's called entrapment.

    2. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by Anonymous Coward · · Score: 0

      > Ray Ozzie needs to get off his soapbox

      If you wrote software that did what the patent clamed, odd are you would be telling the world about it.

    3. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by jazman · · Score: 5, Insightful

      "Dr. Doyle (Eolas) isn't trying to squash Mozilla or anything like that. What he was hoping to do would be to force Microsoft, Sun, etc. to join an organization where they would standardize their architecture."

      Yeah. To HIS requirements. This is no better than Microsoft driving the market. This is supposed to be a FREE market, folks. That means the CONSUMER drives it, not the suppliers. Even if we all agree that supplier A driving the market is totally evil, the solution is not to have supplier B pop up and take their place.

      Then what if he doesn't like something Moz does? Perhaps he's in bed with a spammer, who is losing cash because of the popup blocking. Does the standard specify popup blocking? If not then Moz isn't strictly following the standards.

      "This guy isn't the bad guy."

      No, this guy is ANOTHER bad guy. He doesn't like the way MS is driving the market, and wants to drive it himself. The problem is not which supplier is driving the market, it's that the market is being driven by a supplier in the first place.

      "Lotus is dead"

      Yeah, but it wasn't some years ago, when this patent was applied for. That's the whole point of the article, if I read it correctly. If Lotus could do it back then, then the patent is rubbish.

    4. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by multi+io · · Score: 2, Interesting
      He declared the current state of things then as a "hodgepodge", and it still is today (EJB vs. NET vs. DCOM vs. SOAP vs. agent archs). He claimed he would provide free licenses to anyone who would cooperate. [...] the University of California patent will be used to encourage the acceptance of a standard API for Web-based interactive applications, preventing the development of a VHS/ Beta-style "API war" between Microsoft, Netscape, Sun, and the like. We are not asking browser companies to pay royalties for developing browsers that can run applets. Rather, we are only requiring that they adhere to a standard "Web-API" that will be defined by a consortium of Eolas licensees...

      That's the same crap as can be found e.g. here. I.e. "use software patents to regulate competition and enforce standards". You might as well opt for introducing socialism, with the patent office becoming the ruling communist party, and M$, Sun, IBM, and, of course, Eolas, becoming state-approved monopolies.

      If the guy honestly believes that he does the software industry as a whole any good by forcing it to adhere to a single "technology" that tries to put EJBs, .NET, DCOM, SOAP, agents, browser plugins and whatnot under one hood, he's a complete lunatic.

      But of course, he doesn't mean anything he says. He wants to squeeze as much money as possible out of the patent system without looking too much like a bad boy, and that's about it.

    5. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by Malcontent · · Score: 1

      "That means the CONSUMER drives it,"

      Then why isn't MS pushing for an end to all software patents? Why do they keep harping about the sanctity of intellectual property".

      either you believe in IP or you don't. MS clearly is a very stong believer of IP so that means they have to take the good with the bad. If they infringe they have to pay.

      --

      War is necrophilia.

    6. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by Malcontent · · Score: 1

      " But of course, he doesn't mean anything he says. He wants to squeeze as much money as possible out of the patent system without looking too much like a bad boy, and that's about it."

      It's called capitalism. Get used to it.

      --

      War is necrophilia.

    7. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by multi+io · · Score: 1
      It's called capitalism. Get used to it.

      As I was saying, it amounts to just the opposite of capitalism. I'm not against people wanting to earn money, I'm against the crazy software patent laws enabling them to do it in anti-competitive, *socialist* ways.

    8. Re:BEFORE YOU REPLY TO ANOTHER EOLAS ARTICLE... by Malcontent · · Score: 1

      So you think patents are somehow socialist? I think you are the only person in the world who thinks that way.

      --

      War is necrophilia.

  90. A real bad omen: by acerbix · · Score: 1

    /. readers must be slipping up... (either that, or its a Saturday :-) )I can't believe that no one else noticed that Eolas is just a "B" short of being Ebolas: one of the most deadly virii on the planet!!!

    1. Re:A real bad omen: by varj · · Score: 1

      AND Eolas is just a short step away from EULA, something micros~1 likes to use and enforce. They're suing themselves!!!
      It's tinfoil-hat time.

      --


      -sig- It's not stupid, it's advanced -sig-
  91. Hahahahahahahahahaha, I know someone still using by Anonymous Coward · · Score: 1, Interesting


    rotfl!

    After the hard part of putting together a Notes R3 computing environment that included MS-DOS 6.22, Windows for Workgroups 3.11, and a circa-1993 copy of Excel 5.0 obtained from eBay, it only took Ozzie about 15 minutes to knock out a demo without any programming using the out-of-the-box UI of Notes and Excel."


    This was soooo funny! circa-1993!

    I know someone (actually two companies, owners are related) still using windows for workgroups 3.11, ms-dos 6.22, novell 2.0, upnetone, older ms-dos, IBM PC-XT computers (8086-8088 processors) in some rooms, and a host of other oldies but goodies to run his business.

    The hard drive the database is sitting on is larger and heavier than a brick, and measured in megabytes, not gigabytes.

    Works for him, and he hasn't spent money on licensing in, get ready for this...decades!

    Should've just come to Queens, instead of wasting time on ebay!

  92. these are called submarine patents. by Tangurena · · Score: 2, Interesting
    Submarine patents are patents that take such a long time to get through the patent office, that entire industries pop up in the mean time. An example would be single-chip microprocessors. The person applied for the patent in the 1970s, the patent office kept sending the paperwork back to the inventor for clarifications and revisions for almost 20 years. Eventually the patents were issued, meantime Intel, Motorola, Fujitsu and others had turned single-chip microprocessors into a multi billion dollar industry. Was it fair to Intel (and others) to have to drop and bend over and cough up hundreds of millions of dollars? Was it fair to the inventor who came up with the idea, making him wait so long to get the patent?

    Did the inventor take several years to get around to sueing Microsoft? Or did they spend a couple of years in pointless un-negotiations? Many corporations will pretend to be negotiating while sending their legal beagles trying to break the patent instead. Some companies would rather spend $10,000,000 to break a patent that the inventor only wants $500,000 for. Some inventors want to stiff companies for $100,000,000 when their invention is worth $100,000. One can find cases to support any position you want. Which is what legal briefs are supposed to do.

  93. Flash poster boys by Jeremy+Erwin · · Score: 1

    Why is Homestar runner always touted as the killer app for flash? It's a really well done website, provided you go in for the author's brand of humor. And, I must say, the programmer does manage to avoid some of the bugs that cause poorly coded flash sites not to run on the mac. But, I could live without homestar runner. If I had broadband, I could even live with mpegs.

    1. Re:Flash poster boys by Anonymous Coward · · Score: 0

      ARROWED!

  94. Replying to self... almost forgot... by pr0ntab · · Score: 3, Insightful

    Link to Townsend, Townsend and Crew website. These are also the guys who went up against Microsoft in the class action lawsuit in California.

    Maybe it's the law firm who wants to tackle Microsoft more than Doyle. Food for thought?

    ^_^

    --
    Fuck Beta. Fuck Dice
  95. Re:Frivolous McDonald's lawsuit by ajs318 · · Score: 1

    Everyone should know that to make coffee, you have to heat the water all the way to 100 degrees. The hotter it is, the faster it cools, but a cup of freshly-brewed coffee may well be hotter than 80 degrees. 70 degrees is hot enough to do damage to skin; but it is not only the temperature that is significant: we need to consider the specific heat capacity and duration of contact.

    None of this changes the simple idea that eighty-degree-plus liquids probably don't belong in a flimsy container in a vehicle which is essentially a lethal weapon. But, unfortunately, that was what the punter asked for and that was what the punter got.

    Sooner or later if not already, someone will sue McDonalds because their coffee is not hot enough, and the merry-go-round will start again.

    --
    Je fume. Tu fumes. Nous fûmes!
  96. :I don't agree by Jeremy+Erwin · · Score: 2, Insightful

    Most individuals don't want,or need the ability to display chemcal structures.. But some users do. The plugin concept allows a small software developer to write a small library that handles interactive display, without having to persuade the mozilla or IE developers to incorporate the functionility in the main distribution.

  97. Microsoft can use LOSING to their advantage here. by weston · · Score: 2, Insightful

    Ideals aside -- and I believe in supporting the right thing even for questionable characters/companies -- it's pragmatic on every level to hope for a microsoft victory in this case.

    You see, if they lose, they can actually turn this to their advantage. As others have observed, Microsoft can afford to pay licensing fees. Most developers of other browsers can't. Thus, if Microsoft were to lose or "settle," they'd simply be creating another barrier to entry in the browser market. Which is remarkably good for them in a time when their current browser is at a developmental dead end.

  98. Re:Wrong (think PDF) by Webmonger · · Score: 1

    There is definitely value in PDF. In my day job, I write and maintain a program that generates reports in PDF format. But that's 'cause we're targeting printed output.

    Viewing PDFs on the web isn't nearly as good as HTML though. HTML documents are easier and more comfortable to read. There's no concept of "the real page size", so you don't have different zoom levels and different page-layout modes. And fonts are hinted well.

  99. GPL Flash? by Anonymous Coward · · Score: 0

    Oh, you mean this website -- http://www.swift-tools.com/

    Too bad the site is down and the reasons include fraud.

  100. Re:Its all BS anyway. - Patent HOWTO :) by ajs318 · · Score: 1

    I like the sound of this, but I feel it may well be doomed already as it seems to rely on many parties getting their s#!t together at the same time. Call me cynical, but in my experience, the greater the number of people required to co-operate, so the greater the probability of failure.

    --
    Je fume. Tu fumes. Nous fûmes!
  101. BountyQuest by p0ppe · · Score: 1

    There used to be a site called BountyQuest.

    Challenged the following patients for example;
    "
    -- A method for online music sampling, held by Intouch Group.
    -- A method controlling access to an event venue through alterable tickets, held by Walker Digital.
    -- Technology for database copying, held by Oracle.
    -- Technology for single-chip network routers, held by Cisco Systems."
    -http://www.businesswire.com/webbox/bw. 013001/2103 00397.htm

    --


    "Democracy is three wolves and a sheep voting on what to have for dinner."
  102. Flash sucks, maybe wouldn't be widespread if by Anonymous Coward · · Score: 0

    Konqueror, Mozilla, and other browsers wouldn't repeatedly ask me if I want to download flash after I already clicked no the first time.

    Can't the developers get it into their heads to simply add a button that says, "no, don't ask again"? when the download dialogue appears?

    Is this so difficult to figure out? Or is everyone so in love with flash that they capitulate the first time, and it's a none issue?

    It's enough of a hassle for a newbie to figure out which file to edit to disable flash. To repeatedly be asked if I want flash everytime I scroll down the tvguide page, or other pages is tiring.

    If the patent holder were smart, and what I would also prefer, is to license Konqueror, Mozilla, and Opera at very low, affordable cost, perhaps a one time fee. They would then be able to shake down red hat, who's using gnome instead of kde, with red hat being a public traded, for profit company, and with deeper pockets and lines of credit. This would get gnome's browser(s) licensed. This would then put ms into the position of being the only company without a license for plugins.

    This would create a situation where all the browsers with any bit of market share would be licensed to use plugins, and the biggest, ie, not licensed. How long for ms to come out with a workaround? What do the financial institutions, and other companies then recommend if they require plugins to conduct business? Will they continue to recommend ie? Or will they be forced to start recommending mozilla and perhaps other browsers?

    According to ms, if there is no prior art, w3c would have to rewrite the standards. But would those standards get rewritten if all the other browsers, including Mozilla, were able to obtain a license for the patent?

    This would put the patent holder in the enviable position of having ms over a barrel. And they'd be able to extract a nice pound of flesh from the Borg.

    Just think...ten cents per user, per year, for an ie license...

    The question is, is the management for Eolas smart enough to do this.

    1. Re:Flash sucks, maybe wouldn't be widespread if by bhtooefr · · Score: 1

      It's enough of a hassle for a newbie to figure out which file to edit to disable flash. To repeatedly be asked if I want flash everytime I scroll down the tvguide page, or other pages is tiring.

      Ah, but if said newbie reads the September 2003 issue of PC World, they'll see that they can get a small utility that does the registry-fucking for them. And undoes it at a click.

  103. McDonald's lawsuit WAS frivolous by Anonymous Coward · · Score: 0

    "I had a similar initial reaction to the hot-coffee suit (especially given the media coverage), but when I looked deeper,"

    When you look deeper, you still see that it is very frivolous.

    "Summary: the coffee wasn't just hot (like we'd make it at home) it was so scalding hot that it caused 3rd degree burns""

    So? Any hot liquid can do this if you choose to pour it into your crotch. This was how the customers preferred it.

    "McDonalds knew that people had suffered 3rd degree burns before, and had refused to do anything about it "

    Of course! The only ones injured were idiots. They sold many millions of cups, and only 700 had any sort of problem. If it were dangerous, everyone drinking it would be burned.

    "Also, the lady involved attempted to settle the case for a very reasonable sum "

    No, the sum she demanded was outrageous. Even 1 cent is ridiculous to make someone else pay for something that is your own fault.

    "For a good summary of the case, check out this page. Read the whole thing for a good summary of all the mitigating facts that make this a totally non-frivolous lawsuit"

    I've read that. It is all spin by crooked lying lawyers to try and get around the obvious.

  104. Nathaniel Borenstein, IETF, MIME predate Eolas by Anonymous Coward · · Score: 0

    Somebody get 'hold of Nathaniel Borenstein and get the prior art around MIME, Multimedia Internet Mail Extensions. He had shipped software at least as early as '93.

  105. The Real Problem by nathanh · · Score: 2, Interesting

    The problem with patents isn't that they're granted too easily. It isn't that patents are granted for obvious processes, or processes already in existence. It isn't even that patents can hide in a product for years, gaining in popularity, before the patent owner demands payment (though that particular aspect really disgusts me). The real problem with patents is that there's no financial cap on the "reward" the patent owner can demand.

    In this case, Eolas got half a BILLION dollars. I can't imagine that even if this patent has merit (I don't think it does) that the staff at Eolas have truly produced something of that worth. There is no way Eolas invested anything like that into research for their patent. Even if Eolas had a rare genius on their staff who invented something truly unique and revolutionary, no single person can produce half a BILLION dollars of worth.

    Oh sure, that's just "capitalism" somebody will say. The property owner gets to pick the price. Mysterious "market forces" will sort everything out. But in the case of patents there are no market forces. Patent owners enjoy a monopoly where nobody can legally compete. The patent owners can set their prices sky-high and nobody can undercut them.

    Rather than putting the onus on the patent review process to "weed out" the bad patents - which I personally believe is an impossible task - there should instead be a financial valuation done of patents before they are granted. The patent owner can document their expected earnings from the patent. If the patent owner poorly estimates the expected earnings (claims a future earning of $1mill but collects half a BILLION dollars) then something is almost certainly wrong.

    This way companies (incl. Microsoft) can easily identify any patents that may financially harm them in the future and invest more effort into disproving their merit. If the patent owner truly believes their patent is worthy then they can invest more time and money into defending the patent. This is pure self-interest at work, so I have every confidence that it will work.

    The current patent system is like a lottery. The fix is to make it accountable. My idea might not be practical for reasons I cannot see, but I'm convinced that something similar to it will fix the patent system.

    1. Re:The Real Problem by Londovir · · Score: 1
      First off, let me start by saying that I believe this patent to be invalid, for various reasons as stated by numerous others.

      However, I'm not sure I agree with the assessment that the half billion penalty was egregious. First off, you have to consider the scope of the patent infringement as alleged (and upheld).

      According to Google.com, right now they are searching 3,307,998,701 web pages. That's over 3 billion, with a "b". Now, given the ridiculous profusion of media-based content on websites that require the use of plugins as covered by the patent, you could argue that even as little as .1% of those websites contain such material. (It's likely higher than that.) That figure converts the web page count to 3,307,998 pages. That's at the current point in time.

      Now, keep in mind that this patent was filed in 1994, if I recall correctly, which was 9 years ago. How many web pages have been created, and subsequently viewed, by people during that intervening time? Again, millions.

      If you were to impose a fine on Microsoft for each violation of the patent that they knowingly allowed, you could argue that they should be fined for every time a web page containing such media was viewed by a user of the web browser. That's not entirely unreasonable, if there's enough proof that Microsoft was made aware of their infringment of the patent and continued to develop and release updates of the browser that still infringed.

      So, how much is enough of a fine? Millions upon millions of web pages, viewed on browsers millions upon millions of times over. Just for fun, if you assume a 50 cent fine for each time a page is viewed on the Microsoft browser, forcing the use of a plugin in violation of the patent, you come up with around 304,000 viewings a day. Yes, that's a little high, but it's not terribly unreasonable when you consider that is worldwide.

      I'm just tossing numbers around for the sake of doing so, but I can see why the high dollar amount is there. I'm not sure if punitive damages (per se) are applicable in such cases as they are in other court cases. If so, you could see even more the high dollar amount - a per use fine, plus a pure $$$ fine.

      Londovir

      --
      Londovir
    2. Re:The Real Problem by nathanh · · Score: 1

      All you've done is prove my point. Patents are being used as if they are lottery tickets. Eolas gets a patent for very little work, and hopes to receive half a BILLION dollars in compensation. That's not moral, even if it is legal. Eolas is receiving an obscene amount of money for very little R&D investment. Patents were supposed to reward inventors for creating new inventions. Instead, patents have become a lucky-dip where a few fortunate companies can strike it rich.

      I'll repeat my argument: patents are being abused and (I think) the way to stop the abuse is to require full disclosure of the expected earnings from a patent. If Eolas had said upfront "we're going to patent plugins and we expect to receive more than half a BILLION dollars in compensation within the decade", then perhaps everybody would have treated them a bit more seriously. Perhaps somebody would have stopped this nonsense before it had got this bad.

      I'm only interested in discussing that argument, nothing else. Not calculations. Not figures. Not damages. Your calculations are interesting, but I don't think there's any relevance to what I said. I was not disputing the popularity of plugins or that "infringement" has occurred. I was disputing the fact that the patent system only allows for compensation to be decided after the patent has been granted. If the true worth of a patent was decided before being granted, instead of after, then I think there would be fewer examples of these ridiculous cases.

  106. Re:Frivolous McDonald's lawsuit WASN'T by Overly+Critical+Guy · · Score: 1

    Here's a hint.

    Whenever you order a hot cup of coffee, DON'T HOLD IT WITH YOUR KNEES IN A CAR.

    --
    "Sufferin' succotash."
  107. This should be interesting... by caferace · · Score: 1
    Just looking at the images on the page gave me the willies. Oh, the pain of WFW 3.11.

    But.... I don't remember any client machines having a half gig of RAM in those days, although this was simply an early example.

    More power to him though. He should be able to winnow this down to some simple test cases, and prove his point. Possibly even with earlier releases.

  108. Re:Commercial App part Re:not very good "prior art by Spy+Hunter · · Score: 1
    I imagine the features of Lotus relating to hypertext embedding were described in great detail in all of the manuals that came with the software, and were advertised when pitching the software to companies. After all, the ability to embed Excel spreadsheets isn't something you just "happen" to have in your software and never notice, and it isn't something you can add to 10-year-old software in a matter of minutes if it was never used in that manner before.

    Embedding of plugins or external applications is a feature that would take significant effort and testing to develop, and would consequently be a major feature of the software. It is extremely hard to imagine that nobody has ever exercised this major "embedding" feature of Notes before, even before the filing date of the patent.

    --
    main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
  109. OMG! THAT IS LIKE SO HORRRIBLE. by pr0ntab · · Score: 1

    On my computer I see crazy shit:


    %PDF-1.2
    %aaIO
    20 0 obj
    >
    endobj

    xref
    20 14
    0000000016 00000 n
    0000000627 00000 n
    0000000898 00000 n
    0000001052 00000 n
    0000001210 00000 n
    0000001704 00000 n
    0000001891 00000 n
    0000001993 00000 n
    0000002187 00000 n

    I mean wtf is tghat!!!!

    Oh wait, it's the only copy of the article I could find in electronic form. SORRY! I won't ever post a portable document format link again. From now on, it's Word Documents all the way, baby, yeah!

    --
    Fuck Beta. Fuck Dice
  110. Re:Wrong (think PDF) by rsidd · · Score: 4, Insightful
    Being able to just click on a PDF and read it is great for me -

    But why do you need plugins for that? I have my browsers configured to launch xpdf for pdf files (I could do the same thing with acroread, but I like xpdf better, and I have fewer problems printing with it). And conversely I have xpdf setup to launch a browser window when I click a link. I don't see why a plugin is necessary.

  111. Why don't you read my whole post before responding by pr0ntab · · Score: 1

    He should get off his soapbox spouting off how the patent is bunk when he can't reasonably expect that Doyle would know about his particular product when it wasn't even targetted at his line of work (he would have been into TEX and HTML)... maybe he can blame the law firm, though.

    He doesn't realize they are on the same team. Kinda sad.
    (Article was good, but a little self-indulgant as well, I think)

    --
    Fuck Beta. Fuck Dice
  112. Not the Point... by Famatra · · Score: 1

    It doesn't matter if plugins are good are not in *your* opinion, what matters is that the software patent system allows for overly broad patents that have the ability to cripple the functioning of how people use the internet. Because of this, software patents must be fought at every turn.

  113. Re:Wrong (think PDF) by Negative+Response · · Score: 3, Insightful

    Funny you like PDF viewer to be a plugin. I'd much prefer PDFs be opened in a separate application according to it's MIME type, so that I have access to all the menu items, toolbar buttons, and can resize it independent of the browser window.

  114. Here is how to kill flash under Windows: by Snaller · · Score: 4, Informative

    Obviously it won't help you see pages what REQUIRE you to use Flash, but if you use MSIE and don't wanna see all those Flash commercials all over the place, this bit will prevent Flash from loading.
    tart regedit, find

    HKEY_LOCAL_MACHINE
    Software
    Microsoft
    Interne t Explorer
    ActiveX Compatibility
    {D27CDB6E-AE6D-11CF-96B8-4445535400 00}

    And add as a dword:

    "Compatibility Flags"= 1024

    This sets the "Kill bit" for Flash, meaning that MSIE won't install it if it isn't installed, and wont load it if it already is installed.
    (if you don't have the {D27CDB6E-AE6D-11CF-96B8-444553540000} bit, then add it - but be sure to get all the numbers right. One digit wrong and you are casting a curse on something else)

    If you don't trust the magic of others, don't click the button Luke *G*

    Usual caveats reply; if you machine blows up, your harddrive fries, your wife leaves you... tough luck buddy ;)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:Here is how to kill flash under Windows: by Anonymous Coward · · Score: 1, Funny

      If i do this Strong bad is gonna come to my house and beat me up.

  115. Lying attorneys by Anonymous Coward · · Score: 0

    No amount of lying attorneys at Lectlaw can obscure the FACT that she spilled hot coffee into her crotch. McDonald's did not. If there was any justice, she'd be made to pay McDonald's money for such frivolous harassment (and pay all court fees and then some, just to discourage this sort of outrageous behavior in the future).

  116. There isn't any more: it is frivolous by Anonymous Coward · · Score: 0

    "I discovered that there was more to the case than someone winning a "frivolous lawsuit". "

    If you read between the lies and deception, the more you read, it still remains frivolous.

    Yes, once you know the facts about it, you know it is without any merit.

  117. The coffee was safe by Anonymous Coward · · Score: 0

    " (you can get more out of the beans that way, but it's not safe to serve without allowing it to cool first)."

    The coffee was very safe: Look at all the coffee drinkers who drank it with no problem. All you had to know was not to be careless with hot liquids (i.e., do not pour them on your genitals).

  118. PDF sucks by Snaller · · Score: 1, Insightful

    PDF sucks too. Too many sites just use it do display stuff instead of using HTML. And PDF *NEVER* reflows to fit the page (I know its not supposed to, but its bloody well supposed to on the web), so this gets fucking anoying. If you want to watch the whole line its so small you can't read it, and if you zoom in, you have to drag the page left and right to read all of it!

    And what, pray tell, PDF plugins exsist for MSIE apart from Adobes junk?

    (Note to adobe: I don't agree with your licensen junk! I just click the button to read some stuff in that format!)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:PDF sucks by couchslayer · · Score: 1

      PDF was not meant to reflow, and was never designed as an HTML-like abstract "yeah, this thing goes after this one... well, wherever the program displaying it feels like." Though the addition of Tagged PDF means that information can be grouped, and reflowed. Besides, what's stopping anyone from reflowing PDF?

      PDF is a page-description language. On a page, glyphs need to go in specific places, so that what gets printed is reliable between printers. Legal documents can't just throw letters wherever they end up, after all. When I send a chapter of a book to press, my words and illustrations damn well better be where I put them.

      And what, pray tell, is stopping anyone from writing another viewer plugin for MSIE? Adobe even lets anyone use their patents to do so, go read the PDF Reference.

      --
      If a woodchuck could, would it be too lazy to?
    2. Re:PDF sucks by Snaller · · Score: 1

      Redundant stuff snippe

      I know all that hence the words "I know its not supposed to", its also irrelevant. When people put stuff on the net that can't reflow - it suckss. And who cares what someone might be able to do, if they havent' done so.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  119. Read the articles... by pr0ntab · · Score: 1

    not HIS standard.

    ANY STANDARD

    Are you saying this is a bad thing?
    I'm glad he's got this one by the balls and hasn't sold out yet. I was worried about by beloved Mozilla (or Konq or what-have-you) before, but some research into it paints a slightly rosier picture.

    --
    Fuck Beta. Fuck Dice
    1. Re:Read the articles... by jazman · · Score: 1

      So is popup blocking standard or not? If not, should it be in Moz or not?

      I suspect it isn't in the standard, although IHNRTFS. So what happens when he, or someone else, starts jumping up and down saying Moz isn't standards compliant?

      If Moz isn't standards compliant, it's because we the consumers want it not to be. If a litigious businessman can force MS to follow standards instead of what they have chosen to implement, there's nothing to stop him or another LB forcing Moz to follow the standard instead of what the consumers have decided is best.

  120. Just buy them by tarawa · · Score: 1

    Why doesn't Gate's just buy Eolas. That would work for me. ;)

    1. Re:Just buy them by falsification · · Score: 1

      Let's hope not. Because then Microsoft would try to enforce the patent against other web browsers.

  121. Re:Wrong (think PDF) by imsabbel · · Score: 2, Insightful

    Well, with pdf you get:
    Good typesetting. not crap like the html rendering
    Mathematic formulas: Mathml isnt there yet, and looks crappy. People like to identify indeces without selecting bigger font sizes.
    Vector charts: ditto for svg. not hear yet.
    Also i can save a pdf on disk or print it. Try this with a web page. You may get dozens of gifs/jpegs/stuff, then there is a stylesheet missing, your other browser doesnt recognize the mathml, the font sizes are different and the ".gif" formulas dont match the rest of the text...

    I wonder what problems everybody has with the page nature of pdf. I actually read a lot more text in books than on screen, and imho there is nothing wrong with defining a fixed lines per page relation or using the unit "page" to divide a bigger document in manageble portions.

    --
    HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
  122. Patent system and source code by Anonymous Coward · · Score: 0

    The patent office should actually store the source code. That way, it will sufficiently describe the invention so as not to be too vague. The most specific way to describe the function of software is in source code form, so if the patent system acted as a clearning house for source code and encouraged companies to submit their code in exchange for a limited period of protection, it would be much more in line with the spirit of what the patent system is supposed to accomplish. To prove that patent infringement has occurred would require the patent office to inspect the source code to see if it's close enough. Just like in the SCO case with the "thrashing" or whatever it was called. Patenting general algorithms is so lame, business methods even worse, so this could solve the problem by forcing the patenting of an acual IMPLEMENTATION!!!

    1. Re:Patent system and source code by Anonymous Coward · · Score: 0

      This particular patent did include the source code modifications that were made to the '93 NCSA Mosaic browser, so you point is not relevant here.

  123. HOLY CRUCIFUCK! WE KNOW YOU'RE NOT A LAWYER. by Anonymous Coward · · Score: 4, Funny

    Why does everyone have to incessantly shout

    IANAL
    IANAL
    IANAL

    over and fucking over again? Yes, we know that you are one of, I don't know, 5 and a half billion NONLAWYERS.

    Christ, do people who sit around in the pub aruging politics and football routinely interject:

    By the way guys, you might not want to listen to what I have to say next because--crap!--I just realized, I'm not a lawyer.

    No, they don't. Now, will you people quit it already?. It is perfectly acceptable to make an observation without being a lawyer--if you're wrong, someone who knows better will inform you.

    This meme, much like the people who use the word meme, ought to be shot.

    Thank you and goodnight,

    Anonymous Coward.

    1. Re:HOLY CRUCIFUCK! WE KNOW YOU'RE NOT A LAWYER. by FuzzyBad-Mofo · · Score: 1

      This meme, much like the people who use the word meme, ought to be shot.

      Therefore yourself, having used the word "meme" should be shot. Otherwise, I agree wholeheartedly.

    2. Re:HOLY CRUCIFUCK! WE KNOW YOU'RE NOT A LAWYER. by Anonymous Coward · · Score: 0

      Why does everyone have to incessantly shout

      IANAL
      IANAL
      IANAL

      over and over again?


      Because it's actually just as illegal to represent yourself falsely as a legal representative as it is to present yourself as a law enforcement official. If you don't say "IANAL", technically you can go to jail.

      That's how the practice started, and why it persists.

      Mattcelt

    3. Re:HOLY CRUCIFUCK! WE KNOW YOU'RE NOT A LAWYER. by Anonymous Coward · · Score: 0

      I think the point is that nobody in their farking mind believes that you, oh lowly Slashdot poster, is putting yourself out there as if you were an attorney.

      It is perfectly acceptable for a lay person to say: I believe X and W are legal because of Y and Z. Nobody will arrest you. Nobody will beat you up. People who listen to you may or may not be fools.

      If what you say is true, how do newspaper pundits spew the drivel they do with such impunity? Well, it's because they never claimed to be lawyers--just like probably 99% of the lay posters on Slashdot who rant law.

    4. Re:HOLY CRUCIFUCK! WE KNOW YOU'RE NOT A LAWYER. by Bull999999 · · Score: 1

      IANAL, but this is indeed funny.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
  124. Re:Why don't you read my whole post before respond by Anonymous Coward · · Score: 0

    Ozzie is an engineer and inventor. That's the "team" he's on. He's not dissing Doyle, he's just claiming credit for work he did. I have no idea where you got the idea that on board whatever "vision" you are talking about.

  125. Would be the same in a criminal case by Sycraft-fu · · Score: 1, Informative

    The defense ALWAYS has the right to bring up exculpatory evidence. If you are convicted of murder and sentenced to life, and 35 years later physical evidence turns up showing you to be innocent, you and your lawyer can use that in an appeal. Doesn't matter that it is years later and you've probably appealed many times before. Only the prosecution is restricted from later bringing new evidence. Once the jury says the words "not guilty" they are done. They can never charge you for that same crime again, even if they find irrefutable evidence. Of course they might charge you with another crime, or you might face a civil suit from teh victims (that's what happened to OJ), but you'll never again face criminal prosecution for that crime.

    The difference with a civil case is that both the plantiff and the respondant can appeal, and there is a limit to how many appeals will be entertained. However it also depends on the kind of appeal. You can, and most large lawsuits do, appeal simply based on the ground they don't like the judgement. Sometimes both the winner and the looser appeal on those grounds at the same time. Well in the event of new evidence on either side, espically if it is a first appeal, there is almost no way that the appeal wouldn't be heard.

  126. I think we've missed something here... by the-matt-mobile · · Score: 1

    Plugins have made browsers worse, rather than better.

    Look, I understand (and even sympathize with) your feeling about plugins... but the simple fact is this is an abuse of patents. Whether or not you have an axe to gind about the specific patented thing (browser plugins in this case) being distateful, I would hope that people can look past their nose to see the far reaching implications of a ruling like this! I hope you aren't modded to flamebait as you suggested, but come on... this is not a "+5 Insightful" stance on this issue!

  127. Lacks ease of installation and use? by yerricde · · Score: 1

    That is why Ghostscript ps2pdf and all those other tools are allowed to exist.

    But don't you have to install a multimegabyte Cygwin in order to use Ghostscript tools on Windows? Or has Ghostscript improved since I last saw it, to the point where its GUI installer is as slick as Adobe's?

    --
    Will I retire or break 10K?
    1. Re:Lacks ease of installation and use? by afidel · · Score: 1

      The GUI is slick, but the install is 13.5MB. I use GS along with a couple other freeware/open source tools to allow print to pdf for free. It's definitly harder to setup than Acrobat but it doesn't cost a penny. But all that is beside the point, the point is that pdf is an unencumbered technology that Adobe was nice enough to open up for all to use.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  128. And if Bruce Perens bought a patent... by pr0ntab · · Score: 1

    and used it against a monopolistic company, would you complain then?

    (keep in mind this guy is an academic, not a businessman. He's lucky the University went to bat for him)

    --
    Fuck Beta. Fuck Dice
  129. Slashdot HELPING microsoft? by Anonymous Coward · · Score: 0

    Why the fuck are you HELPING microsoft with this crap? M$ and billy gates deserve to get their ass raped! Anything that drives them out of business is GOOD not bad you idiots.

    1. Re:Slashdot HELPING microsoft? by ishmaelflood · · Score: 1

      Because, ya maroon, the concept of getting a sensible IP environment in place is more important than putting MS down at every opportunity. Hard to understand?

  130. He probably didn't ask by Sycraft-fu · · Score: 1

    Rather than go through the trouble of trying to phone up MS, locate a person who could even help you with something as odd as this, explain the situation, etc, etc, it is easier to just hop on to eBay and pick up a cheap copy.

  131. Wait until it happens to you, my boy by Anonymous Coward · · Score: 0

    So? Any hot liquid can do this if you choose to pour it into your crotch. This was how the customers preferred it.

    You make a good argument, if it were... yanno, true. The fact is that there's a difference between hot coffee and skin-graftingly scalding coffee.

    The coffee at McDonald's was nearly forty degrees hotter than coffee you make at home or coffee you get from other establishments.

    If you spill a regular homemade cup of coffee on your lap, you will be burned, but, not badly. It will not permanently destroy flesh.

    Furthermore, the woman involved was a senior citizen. She was not driving the vehicle: she was sitting in the back seat. She held the coffee between her knees, momentarily, to add cream & sugar. Being as old as she, I have no doubt she weighed the risks of spilling her coffee (and being mildly burned) vs. the chance that it would spill. That's not as unreasonable as it is made out--the fact is that if the coffee weren't unsafe the burn would not have been debilitating.

    You may prefer a life of danger, but, passing 200 degree liquids through tiny drive-through windows, in very easy to spill containers, seems negligent to me.

    Incidentally, the coffee was kept so hot not because the customers preferred the temperature but because it tricks the senses into believing the coffee is less stale.

  132. I hope this prior art silences Eolas... by BladeMelbourne · · Score: 2, Insightful

    Wow - so many "Flash is evil" postings.

    I have the Flash plugin installed in Linux and Windows. It's NO INCONVENIENCE AT ALL to download a file less than 700 KB in size and install it.

    Of course there are places where Flash usage is excessive or relied on too much, but there are many places where it is appropriate.

    As a web developer, I know how hard it is to mimick the interactivty and animation. Flash is a mature product, it has many features that are impossible/very difficult to implement using XHTML/DOM/CSS/JavaScript/SVG/DHTML/etc.

    When I develop a web page where I am given Flash to embed, I also provide a plain text alternative - and I make a point of making it looking as simple/boring as possible. That way visually impaired visitors can still use the site, and those "Flash is evil" users can be punished with very un-appealing presentation. I mean these technologies have been around for years - designed to enrich our browsing experience. Why not accept it and get on with life?

    Some things just cant/shouldnt be done in Flash. Some things just cant/shouldnt be done in W3C technologies. Flash vector animations are very small - higher quality and much smaller than the equivalent animated gif or DHTML.

    The Flash plugin is quite cross browser/operating system friendly. Imagine the headaches accomplishing the same interactivty/animation using W3C code. Browsers don't adhere to standards perfectly.

    Some tech users may find plugins evil or inconvenient - why? Think of the 100 times more people who aren't techies - think how they appreciate the simplicity of plugins. Just one or two "OK" clicks if they don't have the plugin - and they are viewing the plugin content.

    The internet is a heterogenous store of many different forms of media - user friendly browsing is achieved by browsers capable of displaying multiple media formats IN THE BROWSER. This includes PDF, Flash and M$ Office files. The general internet population is not as savvy as many of us on /. - we need to be considerate of them too.

    Mike

  133. The war against software patents! by axxackall · · Score: 0
    Microsoft fights only for their only rights, not agains software patents in general. That's why I am against Microsoft.

    However it is not important which side I am for - I cannot change a thing in this particular case. But it is more important what is the goal of that patent owner. If he just wants money from Microsoft - dust of history on his RIP. But if he use this case to prove how software patents are bad in general - I apploud to him.

    This case must be turned by Open source community and other liberal forces against software patents. Right now the most comment are about plugins and browser. Common people. Without software patents we would have much more time to figure it out - should we use plugins or not and of yes then which ones. But first things first - we have to find the way to abolish all software patents as a class.

    --

    Less is more !
    1. Re:The war against software patents! by Anonymous Coward · · Score: 0

      Given Mick Doyle's recent interviews in the Irish newspapers, and his pro-european-software-patent stance, I find it difficult to credit that he is out to prove the stupidity of software patents (though that IS what he is doing to you or I, there is a MASSIVE propaganda campaign underway here, and Eolas is being held up as a reason why software patents would be a good thing to SME PHBs. Never mind that Eolas DOESN'T ACTUALLY MAKE ANYTHING WORTHWHILE...)

  134. I completely disagree by Anonymous Coward · · Score: 1

    I one hundred percent wholeheartedly disagree with you. Flash is the best thing to have happened to the web. It's an actualizing technology that gives more power to less technologically inclined computer users and really creates an interactive experience for everyone.

    I've seen everything on Flash from demos, to full fledged video games, to movies, etc. It's a great technology and its fully interactive. It's so much faster and cleaner than using some Java applet, the likes of which I have yet to see.

    That's the difference between a scientist and an engineer... the scientist cares about what sounds best, but an engineer cares about what works best. For example, it's the classic Java Swing vs. SWT debate. In theory, having everything only support completely open standards is a great ideal but in the meantime, I'd rather use a technology that works fast and works well.

  135. Ozzie's soapbox by Anonymous Coward · · Score: 1, Interesting

    For someone with Ray's money, it's surprising that he didn't spend a little of it on consulting a patent lawyer before sticking his neck out like this, just to have it chopped off by the most basic tenets of patent law: it doesn't matter if you show, after the fact, that you could have made an invention way back when (assuming that Ozzie's demo replicates the process in the patent, which it doesn't appear to in this case). You actually have to have made the thing prior to the patent holder, and published something that showed the world exactly that thing you claim to have made and how it worked.

    Ozzie's demo is no different than saying that, because a certain spreadsheet application existed before a certain patented method for financial data processing, and because you can show that today you can use that old spreadsheet application to replicate the patented process, then the patent must be invalid. The spreadsheet application isn't prior art because no one actually showed the public back then precisely how to use the spreadsheet to create all of the parts of the patented invention before the patent holder did.

    He's probably actually exposing himself to legal liability from people who follow his erroneous advice to ignore the plug-in patent, and wind up getting sued for patent infringement as a result.

    1. Re:Ozzie's soapbox by Anonymous Coward · · Score: 0

      It's not Ozzie's job to consult a patent lawyer. That responsibility falls on the dumbass that's about to take legal (non-)advice from some IANAL developer's blog.

      And contrary to what you say, Notes was designed specifically and with great effort to display 'hypertext' with embedded 'external applications'. That functionality could not appear accidentally after the fact. Yeah, the application is broad, but so's the patent.

  136. What? by Aldric · · Score: 1

    They plan to build their own operating system... well, they have balls. Not much room in the OS market these days, unless they plan to give it away for free.

  137. kill two two bad things by axxackall · · Score: 2, Insightful
    I am still hoping that two good things may happen:
    1. No more plugins in any browser - I would enjoy whole Internet using only official and open web stabdards;
    2. No more software patents - no comments on that as such befits are two obvious for all normal people;
    But I'm afraid that IBM will come up right at the last moment with something from their huge patent library and say:
    • give these $.5B to me;
    • everyone keep your developing until I'll find out that I can get another $.5B from some of my patents;
    • hey, USPTO, keep working - good job!
    --

    Less is more !
    1. Re:kill two two bad things by SmallFurryCreature · · Score: 1
      Exactly when has IBM in its +100 years history used patents on the offensive? IE not on the defensive when it was attacked first?

      I am tired of IBM being attacked just because it has patents. Patents ain't bad, people abusing patents are bad. People doing bad research on new patents are bad. People accepting overly broad patents are bad. People accepting patents with obvious prior art are bad. People accepting the patenting of basic business practices "on the net" are bad". Not the idea of patents itself. They are an inperfect tool in an inperfect world. But can you come up with something better that would be accepted in the real world?

      Remember kids, patents don't sue people, people sue people.

      --

      MMO Quests are like orgasms:

      You may solo them, I prefer them in a group.

    2. Re:kill two two bad things by axxackall · · Score: 1
      Exactly when has IBM in its +100 years history used patents on the offensive?

      I don't want to trust IBM in such situation. If IBM would donate all software patents it keeps to the public domain - then I'll trust as there will no legal way for them sue me or anyonelese after that. Before that they have all legal means to sue people, small businesses and competitors. The fact that they don't do it now doesn't prove that they won't do it tomorrow.

      Remember kids, patents don't sue people, people sue people.

      That right. But companies are not equal people. IBM is not a person. Existing IBM management has its decision. Time will change and so will management. Ans so will decisions about patent sueing.

      But can you come up with something better that would be accepted in the real world?

      Yes: NO SOFTWARE PATENTS. The real world (of United States) already lived a whole decade (1972-1981) without software patents:

      The United States Supreme Court ruled in 1972 that an algorithm, which it defined as a "procedure for solving a given type of mathematical problem," was not a "process, machine, manufacture, or composition of matter" within the meaning of section 101 of the Patent Act, and thus was not patentable subject matter. Six years later, the Court reaffirmed this rule, holding that even if the applicant wanted to limit the claim to use of the algorithm in a specific application, it was still not within the allowable subject matter of section 101.

      In 1981, however, a breakthrough Supreme Court decision paved the way for patent claims containing algorithms. The case, Diamond v. Dehr, involved an improved process for making rubber. The improvement centered on an algorithm used to treat the rubber at specified temperatures. The Court held that when an algorithm is part of an otherwise patentable process (which manufacturing rubber certainly was), the presence of the algorithm among the other elements of the claim did not push the claim outside the bounds of section 101.

      While the Supreme Court was deciding these cases, a trio of appellate court decisions refined the rules regarding when and how an algorithm may be incorporated into a patent. The three cases, In re Freeman, In re Walter, and In re Abele, establish what the Federal Circuit refers to as the Freeman-Walter-Abele test for patentability when an algorithm is implicated in a patent claim. The test is stated as follows:

      It is first determined whether a mathematical algorithm is recited directly or indirectly in the claim. If so, it is next determined whether the claimed invention as a whole is no more than the algorithm itself; that is, whether the claim is directed to a mathematical algorithm that is not applied to or limited by physical elements or process steps. Such claims are nonstatutory. However, when the mathematical algorithm is applied in one or more steps of an otherwise statutory process claim, or one or more elements of an otherwise statutory apparatus claim, the requirements of section 101 are met.

      If you agree to see lobbying as a part of the real world then it can explain why you are for software patents. I don't.

      vi VS emacs arguments are pointless and a waste of time.
      vi is the best.

      Well, that explains a lot too :)

      --

      Less is more !
  138. Man I hate your example. by Anonymous Coward · · Score: 1, Interesting

    Recently I have been on an anti-PDF crusade (as if I didn't have enough causes that I will never win!)
    PDF's are just downright annoying. Anything designed to make it hard for people to be able to copy/paste and search should be banished!

  139. Mod Parent Up! by namespan · · Score: 1

    Microsoft are the kings of this kind of behavior, and I wouldn't be at all surprised to see this kind of settlement.

    --
    Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
  140. Not yet enough time for prior art to accumulate by yerricde · · Score: 1

    but you can't patent "hero comes along to overthrow the evil empire and save humanity".

    That's because the novel is a mature art form, having been around long enough for prior art to accumulate. I'd bet that were a new literary form to be discovered in the next decade, you'd see all sorts of patents on "methods of writing literature" for the next couple decades, and then they'd die down after the prior art has become established.

    --
    Will I retire or break 10K?
  141. Re:Eolas is wrong - and the bad guy - no matter wh by Anonymous Coward · · Score: 0

    Eolas is just another dog and pony show - fly by night - interloper - with a scumbag lawyer who quickly patents commonsense public domain ideas and then extorts money.

    "Quickly?" "Build nothing?" According to this, they built an enhanced web browser in 1993 and demoed it to Microsoft and all the industry "players" of the time. No one "got it" until years later. Even Ozzie admits that he never "got it" back then.

    They spent years getting the patent to be awarded. Doesn't sound like "quickly" to me.

  142. Have slashdotters do it! by beej · · Score: 5, Funny
    We obviously know what's obvious and what obviously isn't. There should be a meta/moderating system for patents. This way we slashdotters can vote on new software patent applications, like so:

    • This was obvious in 1974
    • Completely obvious
    • Still frickin' obvious
    • Obvious
    • Clever
    • Cowboyneal

    Tell me we wouldn't do a better job than the patent office...

    1. Re:Have slashdotters do it! by Vryl · · Score: 1

      This is actually genius. There should be a public vetting period, with a slashdot style web board, and people can make these exact comments, and present factual evidence. A patent examiner would not necessarily have to be an expert in the field then to make a valid assessment.

    2. Re:Have slashdotters do it! by rylin · · Score: 1

      You're forgetting something.
      "This is already in my patent-portfolio, you insensitive clod!"

  143. Re:Eolas is wrong - and the bad guy - no matter wh by Anonymous Coward · · Score: 0

    in the court of my sniper rifle

    You nead some SERIOUS head shrinking, man.

  144. Re:Eolas is wrong - and the bad guy - no matter wh by Anonymous Coward · · Score: 0

    And where the fuck were you in 1993? Still watching saturday-morning cartoons, I would bet.

  145. Djvu is open by r6144 · · Score: 1

    One reference implementation of Djvu is OSS, so it is definitely an open format.

  146. Let's look at Patent Law ! by udippel · · Score: 0

    Leaving those discussions on Flash aside, what Ozzie did is a great demonstration against Software Patent, not necessarily against the Eolas-Patent.

    Patent Law doesn't say 'could have been done' (potential), but requires a publicly available disclosure respectively implementation. If Ozzie or someone else had written those lines 10 years ago, or someone had offered the system as described, the case for Eolas would be much worse.

    Patent examiners (I was one of them; luckily: was !) are encouraged by Patent Law *and* Case Law to consider a 'Man Skilled in the Art' as underlying actor: He who knows everything (any publication / implementation) and has zero creativity. Unfortunately, Ozzie is creative. Fortunately for him, but this kind of kills the argument.

    Plus it shows the ridicule of the prevailing situation: If someone else hasn't done *exactly* the same thing *and* made it public, your patent is supposed to be granted. If you look at European Case Law, the judges have followed the jurisdiction of their Big Brothers across the Atlantic, against the spirit of the European Patent Convention. And the European MPs will follow suit with Software Patents, I'm afraid.

    1. Re:Let's look at Patent Law ! by kazbah · · Score: 1

      I don't buy this. The Eulos patent specifically talks about embedding within a document. Documents don't just magically appear out of nowhere - someone has to create them. So for them to demonstrate the functionality that they claim in the patent, they would have to go to the same effort as Ozzie did.

      In the article, it specifically states that there was no 'code' written to demonstrate what he showed - this is out of the box functionality. It's what Notes was designed to do from the ground up - embedding of rich mutlimedia within documents explicitly as stated in the patent.

      Of course, IANAL and haven't worked at the patent office, and I understand things are strange in the way things work there. But I think what you're saying is like somebody claiming to have a patent on a method of putting numbers in a docmument in cells that add up or do whatever with some mathematical formulae and then someone opening up a copy of Excel and creating a document that does exactly that and the patent office stating "well you had to create that document to do what was described in the patent, and therefore, it can't be considered". How could it possibly not be considered the same thing? Just because Ozzie has some training in "how" to use the tools? You don't need creativty to use Excel by any means, but I'm surprised at how many people lack the skills to be able to put a simple formula into a spreadsheet.

    2. Re:Let's look at Patent Law ! by udippel · · Score: 1, Informative

      I didn't try to sell it. You seem to think that either I intended to defend the patent or had any grudges against Ozzie ? No, he has done a good job. Most patent applicants don't.

      What I was hinting at: Patents are granted irrespective of the amount of work involved. Irrespective of programming yes or no. They are rather granted on a notion, if someone actually *did* and *documented* this before or not.
      Which exactly is why Software Patents are so bad ! You are the first to use a diagonal scroll-bar - a million lines of code or zero - and file for it. Diagonal Scroll-Bar is out of reach for anyone else.
      Let's look at this diagonal scroll-bar: For the grant, the question if this diagonal scroll-bar was created by serious effort is irrelevant. The only thing that counts: Is there any literature publicly available or any program proposing exactly a diagonal scroll-bar or not. Only this would be considered 'destroying' the claim.

      Though you might consider this as 'lecture', I add, though, that even a document suggesting a scroll-bar neither horizontally nor vertically oriented would probably not considered sufficient, because 'the individual always destroys the general'. Full stop. If their attorney has some brain left, he'll argue that 'neither horizontally nor vertically' doesn't imply diagonal at all. And this would probably pass.
      Don't forget, the auspicious 'Man Skilled in the Art' (what a bloody expression !), has zero imagination ! So the patent examiner refusing on these grounds will ultimately fail: Diagonal instead of horizontal or vertical would have to be rejected on grounds of not being expressedly stated in the Prior Art.

      And we're getting worse here: "So for them to demonstrate the functionality that they claim in the patent, they would have to go to the same effort as Ozzie did." There is no real need at all to demonstrate that anything that you apply for actually *works* !

      To your last paragraph: For sure, "the patent office stating "well you had to create that document to do what was described in the patent, and therefore, it can't be considered" will happen ! As long as you don't find any literature published before the filing date doing something like what Ozzie did, you / we will fail.
      Ozzie's approach - sorry, I appreciate it, just try to explain ! - is flawed seriously with respect to one aspect: He *proves* that it *could* have been done using R3, Excel 5, etc. This is - sorry again - completely irrelevant. The question: *Has* it been done ?? If we wanted to help the cause, we'd have to find that publicly available document that suggested this before the filing (Priority) date.

      Since I have started lecturing, I permit myself to continue. Think of 'Invention of the wheel'. Someone files for it. Granted. Azzie comes about and proves that chisel, hammer, chainsaw, B&D, etc. had been available at date of filing. Only, nobody actually *cut* a tree into slices and drilled a central hole. Could have been done in 15 minutes. Right ! The Patent Office would ask: *Did* someone, actually do it ? No ? Granted !

      A last point (sorry, I don't have the material around and am too lazy to look its formulation up on the web): There is one aspect to it that says something like: If you happen to get an unforeseeable, unexpected result from known settings / setups, these will be considered patentable. Only exclusion: 'natural laws', like gravity, etc.

      Don't buy this, if you're not convinced. If only I could convince you that the Patent System - specially software patents - is highly debatable, I'll be happy !

      Have a nice day !

  147. Re:Frivolous McDonald's lawsuit by Anonymous Coward · · Score: 1, Interesting

    Glad to see you got modded down. Instead of taking a lawyer's word for it, perhaps you should know what you are talking about?

    I remember this case because I was working in my family's deli when this incident happened and went to trial.

    We served coffee to customers with a Bunn and a Cecilware coffee machine. When the McDonald's incident came out, I didn't take the lawyer's word for it, because I know lawyer's words are crocks of shit. I did my own testing.

    The McDonalds coffee machines are set less than 5 degrees hotter than the Bunn and Cecilware machines. McDonalds is known for having hotter coffee than other places. But it's not by much. Bunn and Cecilware coffee machines are sold by the millions to restaurants and delis and grocery stores and offices and other locations that serve coffee.

    Since we also cooked our own roast beef, roast pork, and other meats, food thermometers were mandated by Agriculture and Markets. One wasn't enough, since they cited us and fined us when the thermometer was ten feet away from the kitchen, in the food prep area, instead of the kitchen (it's basically a shakedown money maker can't win situation with the city and state when it comes to inspections). After that nasty little incident, we had thermometers up the wazoo. In the kitchen, in the food prep area, in the setting area, everywhere.

    To make a long story short, I tested temperatures on coffee that came out of the machines. All were over what the lawyers were claiming was safe. We had regular customers that we were friends with. So without telling them, I kept a pot off the heater, to reach the lower "safe" temperature claimed by the lawyers for the woman. I sold one cup to one customer who bought coffee every morning, then walked across the street back to his home to get ready for work, then he would come back to our side of the street to wait for the bus to take him to work. He took his coffee black, which is perfect for testing temperature, as it is undiluted by milk. I did this with two other customers as well.

    The first customer that lived across the street came back into the store after exiting his house to tell me there was something wrong with the coffee machine, the coffee was "cold". I gave him a free cup of coffee and told him what I did. It wasn't a surprise to him because he also worked in the industry (retail department manager) so he understood what I told him.

    The next two customers were customers that took their coffee to go. They had to carry it about 1000 feet before settling into their offices to drink it. They never complained before about the temperature of the coffee. They did that day when they came back for lunch. They also got free cups of coffee the next morning. The little experiment was an eye opener for them. They were friends, so what I did wasn't an issue with them.

    The bottom line is that the temperature that the lawyers were claiming was "safe" is not acceptable. Customers will simply not accept coffee that gets "cold" too quickly. I know, because I measured, using two thermometers normally used by inspectors. And I also know because I tasted the coffee myself repeatedly that day. And just after that, I went to work for a large union, where there were the mandatory coffee breaks, and workers would avoid certain coffee stands, and go specifically to others because the coffee got cold too fast in the winter while carrying it from some of the places. Since this was already on my mind, I noted that the places that were avoided were generally the places that used Mr Coffee and other consumer type coffee machines for their lower volume sales. The stands to get the coffee at were...Bunn or Cecilware!

    While McDonald's coffee, at the time of the lawsuit, was hotter, it was only hotter by 5 degrees from coffee machines being sold by the millions across the country. Cecilware is an international brand, and I believe Bunn is also. Lowering the temperature 10 degrees from the Cecilware and Bunn settings was producing

  148. Re:Microsoft can use LOSING to their advantage her by Anonymous Coward · · Score: 0

    Exellent insight. wish I had the points to mod you up.

  149. Re:Wrong (think PDF) by Anonymous Coward · · Score: 0

    Most people don't read stuff with math formulas that often.

  150. Re:Wrong (think PDF) by Dun+Malg · · Score: 1
    I wonder what problems everybody has with the page nature of pdf.

    I think the biggest complaint has to do with the "hard" page layout. There's no option for word wrapping, so if the font is too small to read, you're forced to up the magnification and deal with both side- and vertical-scolling to read it.

    --
    If a job's not worth doing, it's not worth doing right.
  151. Small Software Companies Can Do The Same by Business+King · · Score: 1

    The opposite argument is that there is one major difference between the 1950's and 60's and now: The Internet. As long as small software companies can orgainze on the internet, then they stand a chance of getting rid of software patents. All it is going to take it patents to be inforced enough to cause serious software development problems.

  152. Re: "Prior Art" effort/community by ghopper · · Score: 1

    I'm beginning to wonder..... perhaps a community "Prior Art" effort, somewhat comparable to the open source community, is needed.

    Identify, research and debunk such absurd/greedy patents (and perhaps eventually much or all of the software patents nonsense) so as to get the patents withdrawn/cancelled.... and/or reassigned to some "open source" holder.

    I agree, except that the research for prior art should be done before the patent is issued, not after. This it the job of the US PTO, which IMO, they are doing poorly, as far as software is concerned. (If you want to help, go here and apply for a job.) The patent is supposed to be rejected unless it is "nonobvious to a person having ordinary skill in the area of technology related to the invention". Every software patent I've read has been pretty obvious.

    US patent law clearly states, once the patent is issued, it is considered valid, unless prior art can be demonstrated in court. Patent lawsuits are one of the few trials where you are not considered "innocent until proven guilty". You are guilty unless proven innocent.

    <soapbox> Which is why software patents should be outlawed in the US. Write your congressman, if you haven't already. The worst part of a software patent, is that it can be granted based on a description of the software, even in cases where the "inventor" didn't implement anything. Writing software is like writing a book. Copyright should apply, not Patent -- see this page. (At one time, I had plans to start my own software company, but now it appears too risky. There is no way that I could possibly know what patents I was infringing. <rant> Unless something changes, open source will cease to exist, and the only software developers left will be Microsoft and IBM, who will cross-license all of their patents to each other. </rant> ) </soapbox>

  153. Re:comp.sys.amiga.games by Anonymous Coward · · Score: 0

    Surely. And that's the point.

  154. Even Prior-er art by payote · · Score: 1, Insightful

    Wouldn't Apple's Hypercard (and 'hypertext' links) demonstrate much of the same?

    --


    Never pet a burning dog.
  155. Re:Wrong (think PDF) by yerricde · · Score: 1

    Also i can save a pdf on disk or print it. Try this with a web page.

    And I get a nice, little self-contained .mhtml file.

    I wonder what problems everybody has with the page nature of pdf.

    You try reading pdf on a handheld device. Unlike HTML, PDF can't adapt one set of content to stylesheets customized for each medium. Maybe it can, but if so, I've never seen it used in any publicly distributed PDF file.

    there is nothing wrong with defining a fixed lines per page relation

    What about a fixed characters per line restriction? Either the text becomes too small to read comfortably, or reading each line of text requires horizontal scrolling. A column of text should never be wider than the viewport.

    --
    Will I retire or break 10K?
  156. If Mozilla licenses it, everybody does. by yerricde · · Score: 1

    One thing is popular projects like Mozilla that might get some licences for free

    Mozilla is licensed under the disjunction of the Mozilla Public License, the GNU General Public License, and the GNU Lesser General Public License. The GNU licenses typically demand that the author license the patent for all uses in derivative programs.

    but what about the smaller projects that don't have these ressources.

    They'll probably just GPL their code and include a hundred or so lines of Mozilla code to get the patent license.

    --
    Will I retire or break 10K?
  157. Re:Wrong (think PDF) by follower-fillet · · Score: 1

    Who wants yet *another* window open?

  158. Re:Perhaps a "Prior Art" effort/community is neede by thogard · · Score: 1

    What needs to happen is some opensouce product needs to pattent everything its developers think about. It needs to be done in a country where you don't get to pay for each claim. So someone will need to submit a half million claim patent and see what happens. The reason IBM doesn't get sued over patents is they have a huge database of prior art in their approved and rejected patents. MS hasn't been playing the patent game but I expect they are wakeing up to the idea.

  159. no problem at all (but you can still hate MS) by penguin7of9 · · Score: 2

    Rational people don't "hate Microsoft", they "hate Microsoft's conduct"--anti-competitive business practices, vaporware, shoddy software development, aggressive purchases of startups, bundling deals, etc.

    Eolas patent not only is a software patent, it is a bad software patent, and there is prior art. Microsoft is clearly getting a raw deal here and they are being wronged by Eolas. On this matter, the open source community should take Microsoft's side.

    However, if you still like something to "hate" about Microsoft, it is that they keep bungling their legal cases. IANAL, but it really sounds like Microsoft got a much worse result than they should have. While prior art and other defenses often are apparently difficult to make during the first legal round, it seems like Microsoft managed to get potential prior art (the Viola browser) thrown out, and there were several other unfavorable rulings against them during the trial. For that, you can "hate" them, because with billions upon billions of dollars in the bank, Microsoft should be able to hire better lawyers. It seems, Microsoft's lawyers are as shoddy and inexperienced as their programmers.

  160. Try telling Cher that by yerricde · · Score: 1

    The only good thing about such patents is that they expire in 20 years

    Not if Eolas teams up with major drug companies and lobby Congress for something like the Cher Patent Term Harmonization Act.

    --
    Will I retire or break 10K?
  161. International treaties by yerricde · · Score: 1

    Copyright can be reformed easily. Just make the copyright term 50 years, period.

    And watch the United States get dropped from the World Trade Organization for violating the Berne Convention.

    --
    Will I retire or break 10K?
  162. Impossible by yerricde · · Score: 1

    Post a link to the actual text (not just a paraphrase) of the deal

    I'm assuming that the text of the contract between Apple Computer Inc. and Apple Corps Ltd. is a trade secret. Nobody who has a copy is authorized to disclose it to you.

    --
    Will I retire or break 10K?
  163. New in combination? by yerricde · · Score: 1

    But was this specific combination of software made, used, or sold publicly for the stated purpose prior to the patent filing? A patent can cover a new, useful, and non-obvious combination of existing methods.

    --
    Will I retire or break 10K?
  164. Browsers without plug ins are stupid by tjstork · · Score: 1


    Sans plug ins, the whole standards based model of everything as proposed by the W3C is to have a massive browser that can essentially render everything.

    This sucks.

    The one hopeful thing about the internet is that operating sytems will now have to launch different browsers based on mime types. Is that such a huge drawback?

    --
    This is my sig.
  165. Wouldn't Magellan be Prior Art? by tjstork · · Score: 1


    When was Magellan, the mid 1980s?

    Oh, and while we are at it, there was an Activision drawing program for the Atari 800 that let you load and save images... if it nested them would that not be prior art?

    Would VB1 itself be prior art? The form itself could be thought of as a browser.

    --
    This is my sig.
  166. Re:Wrong (think PDF) by Webmonger · · Score: 1

    Good typesetting. not crap like the html rendering

    It's a flexibility tradeoff. Really, it's a microcosm of the difference between PDF and HTML. The whole difference is that PDF is designed to look exactly the same, no matter where you use it. While HTML was never meant to look the same everywhere-- it was meant to be rendered to suit the particular viewing environment. And I greatly prefer the hinted fonts I get from HTML documents to the fuzzy text that's always too big or too small in a PDF.

    Vector charts: ditto for svg. not hear yet.
    Lack of vector support isn't a fatal flaw. You're seeing bitmaps anyhow.

    Also i can save a pdf on disk or print it
    You can print web pages. I agree that saving them is problematic.

    I wonder what problems everybody has with the page nature of pdf. I actually read a lot more text in books than on screen, and imho there is nothing wrong with defining a fixed lines per page relation or using the unit "page" to divide a bigger document in manageble portions.
    I think PDF is an excellent way of transmitting documents for printing purposes. I read a lot of text in book form too. It's easier on the eyes, but it doesn't have hyperlinks or search facilities. On the web, there are better units than "page" for dividing information. For long articles, it's usually the "section". Since it divides the article into different topics, it makes more sense than divisions based on font metrics and page dimensions. PDF documents will often divide by section, but that means scrolling through a whole bunch of white space until the next page break.

  167. What's the difference between a web browser and by tjstork · · Score: 1


    an Active X control plugged into Word?

    --
    This is my sig.
  168. RTFA -- This is exactly what he did by Presence1 · · Score: 1
    "In this case, if someone can prove they created a similar combination of program(s) prior to October 17, 1994, that would stand a much better chance of invalidating the patent. A mockup done in 2003 likely will not."

    This IS a mockup of stuff any competent Notes R3 developer was doing in 1993, in an environment typical of the time. I lead the creation of a suite of business apps on the same platform and using this linking and embedding technology, and was demoing this capability to customers that year.

    To spell it out, the point is that it took them 15 minutes to re-create a demo that demonstrates the 1993 availability of the exact kind of features described in the patent.

    1. Re:RTFA -- This is exactly what he did by Ciggy · · Score: 1

      This IS a mockup...in an environment typical of the time

      If anyone wants to install Win 3.11 on my 486 (running DOS 6.22 & Win 3.1) + the other s/ware I'm quite happy to loan the machine (as long as I get it back in working condition with my data to replace back on my home LAN) - I'm sure that'd count as less than a mock up.

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
  169. Where is the "Evil M$" Crowd?? by ksemlerK · · Score: 0, Troll

    "To bolster his argument, Ozzie used the Notes R3 feature set to recreate a scenario close to what was described in the patent. After the hard part of putting together a Notes R3 computing environment that included MS-DOS 6.22, Windows for Workgroups 3.11, and a circa-1993 copy of Excel 5.0 obtained from eBay, it only took Ozzie about 15 minutes to knock out a demo without any programming using the out-of-the-box UI of Notes and Excel."

    --/BEGIN OSS FREAK MODE/--

    Oh no!! he used a M$ setup of Windoze 3.11 FW, M$-DO$ 6.22, and M$ Excel 5.0! He must be a pawn of the "Evil Empire M$". Why can't he use Linux on his 486? Everyone knows that Mandrake 9.1 works better than any M$ Windoze product on a 486 with 16 MB RAM and a 500 MB HDD. WAHHH!! It's not OSS!!! He can't free himself from the M$ grip of tyranny. Come on, It's a brave GNU world. Joseph Stallan, Er, Richard Stallman wont be pleased with this! He is going to the Siberian Goulag for sure. DIE CAPATALISTS!! LONG LIVE CARL MARX, AND JOSEPH STALLAN. HEIL HITLER!!

    --/END OSS FREAK MODE/--
    OK, now that the piss ant whining is over, no body else needs to follow suit. This is a good discovery. Grow up MS is not out to kill you, steal your house, and rape your wife/daughter/mother/girlfriend. All the Whiners are just too cheap to buy a legit product, or do not know where/how to get a pirated copy. (Note: I did not say all OSS users. Just those who try and impose their preference on others.)

    An OS is an OS. They are all good for different things. It is an operating system, not a religion. You do not need converts to Linux, or to Windows.

    I have an old P1 running Windows NT 3.51, and that's good enough for that machine. My new machine runs Windows XP Professional. Did you hear that? I am using Windows XP Professional Build 2600.xpsp2.030422-1633 to type this, and mysteriously, this text appears exactly as it would have if I typed it on Windows 3.11, or Mandrake 9.1. Wow, pretty strange! Must be an act of God himself to allow this to happen. NOT!!

    Understand this: What I decide to use on my computers at home will not directly interfere with any other person as long as it is 100% patched, fire walled, and has a up to date virus scanner. As long as a system is locked down, it does not matter what OS you are running. A Windows box is just as secure as a Linux box under if the proper measures are taken. Also, a Linux box can be just as insecure as Windows ME if the administrator is incompetent.

    Also, if conversion of the masses to Linux is so important to you, why don't you quit talking bullshit about how MS is only easier because more people understand it, the masses are trained on it and not *nix, MS stole the technology, Et cetera? IF it is such a big deal, be proactive and change the situation by providing a service or solution that is not yet implemented by MS, and offer it in your distribution. And if you expect to have the masses desire your product, you have to provide it to a better quality than the competition would or does. People are resistant to change.

    For change to occur, you have to be able to provide something that is in high demand, and at a good and reasonable price also. Also, just because your distribution is better than the rest as far as features and ease of use are concerned, does not mean that you will succeed. To succeed, you must have a form of advertisement, and a mission statement that can be met. It does not matter if I create the best OS and office suite on the market if only I have it, and maybe only 1000 other people. Without advertisement, and consumer product awareness, how do you expect it to succeed? It will not. An old saying, "It takes money to make money." still holds true in this case.

    Granted choice is a good thing, but when there are choices of literally hundreds of distributions offering pretty close to the same experience, (Such as SuSE vs. Red Hat vs. Mandrake vs. Lycoris), why would anyone want to compare the subtle differenc

    1. Re:Where is the "Evil M$" Crowd?? by killmister · · Score: 1

      Your post is a troll. Mandrake distro does not support 486.

      --
      MySQL Error 1040: Can't return sig, Too many connections!
    2. Re:Where is the "Evil M$" Crowd?? by jonbryce · · Score: 1

      Mandrake wasn't around in 1993. At that time, the GNU project was still a collection of tools that you could use on other unix operating systems. Linus had just started writing his kernel for it.

    3. Re:Where is the "Evil M$" Crowd?? by Anonymous Coward · · Score: 0

      I thought his post was fair, and had some excellent points. I don't see why everyone is jumping all over this guy.

      For the record, the only thing I use M$ for is games. Linux runs on everything else. Not for religious reasons either, I simply like it better.

      Why do people feel this need to shove their preferences down other peoples throats?

      -ron

    4. Re:Where is the "Evil M$" Crowd?? by ksemlerK · · Score: 1

      "Mandrake wasn't around in 1993. At that time, the GNU project was still a collection of tools that you could use on other unix operating systems. Linus had just started writing his kernel for it."

      My point was <b>NOT</b> that mandrake existed in '93, (which it did not until '98), but that Linux still has major obsitcals to overcome if it desires to win over the uneducated masses from the MS platform. I am not against Linux in any way, after all an OS is an OS, and not a religion. As far as the guy who says that he does not use it for religious reasons, but just pretty much because he can, this is the smartest thing I have seen posted as a comment to this thread. It also re-affirms my statment. I belive in usage of new OSes because of the learning experience involved, not because I dislike a company's practices. After all, MS may not be the best company in the world as far as fair compitiion is concerned, but they have finally managed to produce a quality product that suits my needs (XP, 2000 WS 2003 EE).

      I also use Mandrake 9.1 periodically, and the main reason I do not use it more often is because my modem is not suppoted, and I am not on a LAN. Yes, I have a USR6558B win modem, and I am too cheap to buy a Linux compatible one. If I had support for this modem, I wold use it more often than I do. (currently 1ce per week). Anymore, a computer without internet access is like a car without a heater. Not required, but sure missed if absent. The sad thing is, I have found a Win31 driver for my modem, but not a Linux Mandrake 9.1 compatible one.

      Also the install process needs to resemble the one from Windows if you want to tout ease of use and user freindlyness. Yes "apt get install mozilla1.4stable" is pretty easy, but if one has no Linux (or command line) experience, how is one supposed to install anything? Thsy would not. Also consider the vast poputlation that is connected via 56k modem. Even if they do know the proper linux command, they do not have time to get 50 MB of OO.o 1.1 when they just want thier copy of Works 2000 to work like it does on thier Windows box.

      Renember, most people only want thier computer to function as an appliance, they do not want to be bothered to update it, or care for its security. Stupid? Yes. It is like trying to drive your car without ever changing the oil, or flushing the coolant system. Works OK for a while, but then performance degrades, and finally the vehicle dies. Most people only want a computer because thier friends have it, and to get games that they see on TV. They do not care about the compexities of the OS underneath.

      An easy way to get the population to buy a *nix setup with thier funds and not have to worry about learning a new interface is to give the consumer 3 options on first login to thier account. 1. Windows Clone, 2. Mac like interface, 3.Standard KDE, 4. Standard Gnome, 5.Custom UI. This would attract the greatest consumer base without infringing on user choice. The settings should also be customizable from the initial selected UI, in case the user wants to change the theme. But it must be similar to the Windows XP themes dialoqe to not intimidate the user. Don't you think that after MS spent a couple hundred million USD to develop and reserch a UI, that they would nearn somthing about what a consumer expects?

      In short, use an OS because you want to, desire to learn, or because it suits your needs. Not to "stick it to the man." Bill Gates, and Microsoft Corporation could honestly give a shit less if only 3% of the desktop share use Linux as thier sole OS. Do it to expand your knowlade, or for any other reason to be a jackass wannabe loser bent on revenge.

      There is much wrong with Windows also. Such as the virii problem. With 90%+ of the market share, virri would be a problem for any OS. Also the lack of command line history, and device compatibilty for XP.

      Take the best of both OSes and roll them into one package. Combined with application support, a smooth U

  170. Clippy. by pr0ntab · · Score: 1

    No seriously, what are you implying? Did you reply to the wrong post?

    --
    Fuck Beta. Fuck Dice
  171. Re:Wrong (think PDF) by ThisIsFred · · Score: 1

    Amen to that buddy. Ever take apart flash content with swftools on Linux? You wouldn't believe the idiocy of some of these content makers. Example:

    1. A clustered bunch of JPEGs to have a "slideshow" type presentation. Already covered by MNG.

    2. Wrapping standard audio files. The now infamous "Black Nascar" prank call was just an MP3 wrapped in swf cruft.

    3. Wrapping standard compressed video. The now infamous "M16 Mentos" spoof was just an MPEG movie wrapped in swf cruft.

    I have no problem playing those with the latest Netscape, but it just pisses me off, because there is nothing wrong with the original format.

    --
    Fred

    "A fool and his freedom are soon parted"
    -RMS
  172. great work by mantera · · Score: 1

    i think it's absurd that a one employee company with a single patent and no product or services can "rightfully" hold the web to ransome and cause as much havoc.

    First of all, it would be reasonable to argue that there was "prior art", and i invite everyone to think up stuff like that to challenge the validity of that patent.

    The other thing is that it really seems awfully "obvious", i really don't know what retard gave them that patent.

    This is evidence that the patent law needs to be revised. It can not be said that a law that covered 19th century artifacts is well equipped to deal with the 21st century. There should truly be a law against patent squatting. I don't know how this can be implemented, since licensing sounds like a valid and reasonable business method. The law should really provide for chance to challenge a patent if it is reasonable to make an argument that it has been squatted. Though this might be difficult.

  173. JESUS!! by mantera · · Score: 1


    I just read my post; how disturbing, my style is starting to sound like people who post on slashdot!

  174. "Flash - Click to View" for mozilla by Vryl · · Score: 1

    is what you want, it rocks. Get it from

    http://extensionroom.mozdev.org/

    "Adds an XBL binding to Shockwave Flash object tags that replaces them with a button you must click in order to play the animation. Quite nice for restoring sanity to your browsing session."

  175. There's a lesson about software patents here... by Chris.Boyle · · Score: 1

    As seen in many comments on solutions to this, more often than not software patents lead to people *avoiding* the technology and using alternatives (arguably worse ones), rather than paying for it. At the end of the day, who wins from this? Not Eolas, not Microsoft, and *certainly* not the end users.

  176. Re:Wrong (think PDF) by Anonymous Coward · · Score: 0

    "I have my browsers configured to launch xpdf for pdf files "

    And you consider that a *good* thing? Cripes. As it is, on the fastest machine money can buy, it takes 6 seconds to load the Adobe PDF viewer. Ridiculous. And the plug-in doesn't do anything but keep the window within the browser.

    So you have this new window popping up that takes 6 seconds to load (if you're f'ing lucky), and then it doesn't react like the rest of the windows.

    PDF's are the bane of the web. Oh, and flash. Web designers who use PDF and Flash on their sites should be boiled in oil.

  177. I think you're blind by Anonymous Coward · · Score: 0

    "although I don't believe in the "baby out w/bathwater" school of dealing with the current patent crisis "

    Really? What "baby" is there? Doesn't this case drive home to even the densest of the dense people that software patents stifle invention, not help it?

    Lets assume this patent is valid.

    How does this patent aid in the advancement of the art? Remember, the purpose of patents and copyrights isn't to enrich inventors, its to assist the advancement of the arts by giving inventors an incentive to invent.

    But does the fact that plug-ins were "invented" separately by multiple sources mean:

    1) Software patents are inherently something that are obvious to those skilled in the arts (i.e. one company came up with plugs in, 14 others did 1 year later).
    2) Software patents are not necessary to advance the state of the programming arts (I'll use the same argument).

    The flaw in software patents is that all written software potentially is "new IP", since it involves a skilled person to create something new. When you write a clever interface for a AP financial module, its new and innovative. So you should...uh...patent it?

    How did that help anybody? It doesn't.

    And ultimately if you allow software patents you will be in a situation where if you write a clever little ROT algorithm, you can patent it and .... screw the other 100,000 programmers, because they wrote the same thing which infringed.

    But wait....if 100,000 other programmers came up with the same thing, then how can it possibly meet the hurdle of being "non-obvious".

    I'm repeating myself because I think you feel that software patents are useful, and history is screaming loud and clear they are exactly the opposite.

  178. Re:Wrong (think PDF) by Anonymous Coward · · Score: 0

    As I understand it, mapping an extension to a program ane executing it to handle specific file types also falls under this patents control.

    Plugins are good. If we had to compile all the features into browsers they would become huge pieces of bloatware. By keeping plugins external they can be loaded on demand.

  179. You are a fucking idiot by Anonymous Coward · · Score: 0

    You HAVE to use a browser to view content do you not? Could the browser not be compared to an OS specific plugin? Why not view better content (or the ability thereof) with Flash? The idea of being relegated by what software you are using to view content is not new. And you are a long-winded fuck-face.

  180. yes it WAS frivilous by Anonymous Coward · · Score: 0

    Did you know this supposed horrible temperature that causes burns is the temperature that I prefer?

    Everytime I get coffee or tea anymore, *its too fricking cold to drink*?

    The truth is, I can drink this supposed scalding water.

    That means that some people's skin is sensitive. Why is McDonalds responsible for that?

    No, this is so frickin' frivilous, and it works because toffee headed people like you don't get that there is inherent risk in everything *INCLUDING DRINKING COFFEE*.

    I'll bet you a million bucks that a fair number of people have died after drinking a cup of coffee. Your kind things "something should be done".

    Most self-reliant people say "shit happens" and move on.

    And frankly, lets say you get a burn on your skin. What's your damages? $1.80? Hey, shit happens. I slipped on a driveway, broke my wrist and to this day, my hand has less strength and flexibility. I should sue, right? Please. Life and shit happens. You deal with it and move on.

    Not you, you sue. You're trying to make a point about something.

    Go away. Go far away.

  181. You are so friggin stupid I hope you friggin die by Anonymous Coward · · Score: 0

    " The fact is that there's a difference between hot coffee and skin-graftingly scalding coffee."

    Sonny boy, here's a hint.

    Coffee, if it were boiling could be no hotter than 212 degree. So lets not play this up to be some "hotter than the sun" argument that you're mkaing up.

    And no, I prefer my coffee really really really hot.

    Do you know why? I'll bet you do, but you're so mind-numbingly dumb, that you can't figure it out.

    You don't drink coffee in the car all at once. You don't get coffee to quench your thirst. You sip over the course of 1/2 to 1 hour.

    And so you get it, you, and this is the tricky part:

    YOU NEVER PUT A DRINK HOT OR COLD BETWEEN YOUR LEGS IN A CAR FOR TWO REAONS:
    1) DRINKS BETWEEN YOUR LEGS ALWAYS SPILL IN CARS
    2) EVERY CAR MADE SINCE 1975 HAS CUP HOLDERS

    These are facts, and so people who put really hot liquids between their legs are being negligent. They are being stupid. They are being lazy and paying for it.

    And lets be real here. She burned her leg. 3rd degree burns. Wow. She must be in a burn unit in the hospital.

    Whoops! Nope. She had medical bills that were very small that probably would be covered by either her own medical insurance or her auto insurance.

    But no, she talked to some hotshot lawyer who figured that McDonalds was a piggy bank.

    Really, you are so badly thought out that I can only pray to sweet jesus christ of nazareth that you either die or are sterlized so you can't breed.

    Man, you are stupid.

  182. Of course by Anonymous Coward · · Score: 0

    Some people are very sensitive to temperature.

    Hey, but some people are sentive to bee stings too.

    The reality is this lady probably was sensitive, but so what? Why is McDonalds responsible for a genetic flaw of this lady?

    Oh wait, this was an attempt to extort money from McDonalds.

  183. Re:Here is how to kill flash under Mac OS X: by Judge_Fire · · Score: 1

    Wow.

    In Mac OS X, you can drag the Flash and QuickTime (which plays Flash, too) plugs out from the /Library/Internet Plugins - folder.

    But I admit, the ease-of-use in Windows is catching up with the Mac.

    J

  184. Re:Perhaps a "Prior Art" effort/community is neede by onomatomania · · Score: 1

    The problem here is that "joe the open-source patent debunker" is not a patent lawyer. The patents are written and targeted very specifically, and prior art must be shown precisely satisfy each and every claim to a 'tee' or else it does not invalidate anything.

    In other words, I don't think the issue is lack of people with the desire or motivation, I think it's more a lack of enough people with the suitable background and training in patent law. Surely there are some patent lawyers out there that would be interested in reforming their field, but I must admit they are most likely in the minority, and that's a problem. "Why rock the boat?" and all.

  185. what do I care? by chegosaurus · · Score: 1

    I run Solaris. We don't /have/ any plugins.

  186. Greedy old lady by Anonymous Coward · · Score: 0

    It was about about greed by the old lady and the crooked shysters. McDonald's has deep pockets, so why not lie in the courtroom in an effort to get them to pay for something which was not their fault?

  187. Crooked shysters by Anonymous Coward · · Score: 0

    Look at this utterly frivolous lawsuit.

    No wonder a high percentage of the cost of ladders has to with paying lawsuits because some oaf climbs too high and falls off.

    We need tort reform NOW. These cases should never reach the courtroom.

    1. Re:Crooked shysters by Anonymous Coward · · Score: 0

      no we just need more intellegent people to sit on juries, so that people don't win in these kinds of cases!

  188. Corporate rights smokescreen by Anonymous Coward · · Score: 0

    "It seems that these days, corporations are supposed to get most of the rights and individuals are supposed to get most of the responsibilities."

    This is a specious argument used to try to strip people of rights (such as first amendment rights) if they happen to belong to corporations. They forget that corporations are made up of individuals who still have their Constitutional rights, and when you get right down to it, the corporation does nothing, and these individuals do everything.

  189. Moral Dilemma by dave1g · · Score: 1

    yes this is wrong, but the only way the software patent issue will be changed is if such a hugely fucked up case like this goes through and is enforced, maybe Microsoft with its warchest of unimaginable proportions will change its lobbying efforts to be against instead of for software patents.

  190. Latest Howard Dean campaign speech by Anonymous Coward · · Score: 0

    ""All jews should be killed""

    Are you quoting from a new Howard Dean campaign speech I have not heard yet? I would not be surprised if he said this, considering his anti-semitic statements concerning the Middle East last week.

    Heil Howard! MujahaDean!

  191. Re:Here is how to kill flash under Mac OS X: by Snaller · · Score: 1

    In Mac OS X, you can drag the Flash and QuickTime (which plays Flash, too) plugs out from the /Library/Internet Plugins - folder.

    From Mircosofts internet explorer folder? If its another browser your reply is irrelevant.

    You can remove them from the folder her as well, but they get reinstalled when you visit a page that needs flash, or at the very least you have to click NO to have it installed on every page.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  192. Hey flamebait mod by Snaller · · Score: 1

    How about opening your mind instead.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  193. Look at the history by iconnor · · Score: 1

    When Ray Ozzie was at Iris Associates, Microsoft was showing the power of Windows NT by running a Notes server on it. It does not all have to be about some holy OS war - it can be about the technology from time to time.

  194. Because Flash sucks by Anonymous Coward · · Score: 0

    "Now, my question is: Why is the Slashdot community so against Flash? "

    It sucks for many reasons.

    First, it slows down the web process, by putting worthless animation on the front of sites the sends you scrambling for the "quit intro" button.

    Second, it violates browser requirements. My browser is set to "noises off". Everything complies, except for Flash crap.

    Third, it is inferior to and much slower than HTML for most purposes.

    Yes, it is great for online games and online toons. However, I do neither. Putting Flash on a site without either is like saying "stay away from this site!"

    "Flash is a important part of the web that will help take us to the next level of web applications"

    No, it is part of the degradation and junking-up of the web.

    "Bad user interface design is a problem, but will not be solved by erradicating Flash from the internet."

    Solved? It will be part way solved, since using Flash to junk up a web site is typically a purely "bad interface design" decision.

    "It supports dynamic graphics and also supports most webcams so you can brodcast, record and playback audio and video."

    So? You can do this without Flash.

    --------------

    Another reason NOT to ever download Flash is that many web sites, including Slashdot, have banner ads and popup ads with Flash. If you have no plugin, the pages load a lot faster, and you never see the advertisement material.

  195. Re:Frivolous McDonald's lawsuit by zabieru · · Score: 1

    Glad you're an idiot. Thermometers, no thermometers, THE WOMAN NEEDED SKIN GRAFTS. Doctors don't give you skin grafts for pain. I'd take cold coffee every day of my life before I'd take skin grafts.

  196. spam trap by anomaly · · Score: 1

    Oh well. I was hoping to find out how I could buy drugs online, increase my bust and genetalia size, refnance my mortgage, and meet someone in a chat room anyway.:)

    Besides, there are plenty of folks on slashdot who sign me up for more spam anyway just because I talk about God here.

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  197. No proof? by anomaly · · Score: 1

    Scientists with SETI are convinced that if they could find one ordered pattern of information from space that they would have proof of extraterrestrial intelligence.

    Today we know that DNA contains highly ordered sequences of information within the components of life itself. Naturalists depend on long spans of time combined with chance that provided this.

    This only logically follows if one has an a priori commitment to naturalism - that nothing supernatural could ever occur.

    I submit to you that it is far more likely that God created life in its full complexity than chance and time.

    Ever see a tornado hit a junkyard and come up with a fully functional 747? The chances of even basic life forms existing as a result of naturalistic processes are far less likely than the 747.

    Sorry that you're creeped out. Why be creeped out rather than just write me off as you would one of those "I was abducted by aliens, and had one of their babies!" kooks?

    Is it perhaps because the idea of a relationship with God appeals to you in a way that bothers you?

    Respectfully,
    Anomaly

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  198. Re:Here is how to kill flash under Mac OS X: by Jeremy+Erwin · · Score: 1

    Under MacOSX, microsoft Internet explorer doesn't have its own folder. There's a bundle by that name in /Applications, but the plugins live in /Library/Internet Plugins/ and the preferences (which are stored as XML) in~/Library/Preferences/com.microsoft.explorer.pli st.

    Now, some applications openly flout these simple rules, but most don't.

  199. I don't agree...however, IANAL... by ErnstKompressor · · Score: 1

    While I do not pretend to know the intimacy between Pei Wei and the Eolas group, I think you are misinterpreting the nature of prior art in the sense that the ideas that the Eolas group patented were obviously out in the open, and evinced by P.W.'s presentation of 'Viola', clearly not kept amongst the department that would later claim 'ownership' of said idea. I think Eolas' desire to 'tax' the public in such a way is more akin to SCO attempting to 'tax' the Linux community, and more importantly, the time-lapse between raising this question of infringment would seem to indicate an intentional attempt to entrap what is essentially a public property.

    But hey, I'm just #193799...

    --
    We apologise for the fault in this post. Those responsible have been sacked. -- Signed RICHARD M. NIXON
  200. Re:Here is how to kill flash under Mac OS X: by Snaller · · Score: 1

    Which sounds confusing and incomprehensible, but that's mac for you. And it doesn't answer the question everybody is dying to know: If you don't want to install flash, what happens when you encounter a page that wants it?

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  201. Legal requirement by jekk · · Score: 1
    In the united states, it's illegal to make a statement without including a disclaimer the speaker is not a lawyer. This is because "giving advice" (legal advice) is illegal except for those who have passed a bar exam.

    PS: Of course, IANAL, so I could be wrong.

  202. Hello? by pr0ntab · · Score: 1

    This has nothing to do with that kinda thing.

    It has to do with trying to get Microsoft to support a cross-platform framework for plugin architectures.

    You know, anything besides ActiveX or poorly abstracted APIs of the .Net framework.

    Christ, everyone's got their panties in a bundle about this. The only entity who needs to worry is Microsoft (and Sun, maybe, if they keep being assholes about Java interoperability standards)

    --
    Fuck Beta. Fuck Dice
    1. Re:Hello? by jazman · · Score: 1

      Ok, I'm obviously missing something here. Microsoft not following standards must be subtly different from Moz not following standards. Mozilla not supporting a cross-platform framework for popup advertising must be ever so slightly different.

      And leave my panties out of this. For your information they're fresh on this month, and I even ironed them. They're the little pink frilly....oh hang on, wrong forum.

    2. Re:Hello? by raindog2 · · Score: 1
      Microsoft not following standards must be subtly different from Moz not following standards. Mozilla not supporting a cross-platform framework for popup advertising must be ever so slightly different.


      Yeah, I guess you could call having 90% less market share and no Sherman Act conviction under your belt "slightly different".