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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."

99 of 522 comments (clear)

  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 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.
    3. 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.
  2. 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

  3. 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 --

  4. 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 ScrewMaster · · Score: 2, Funny

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

      --
      The higher the technology, the sharper that two-edged sword.
  5. 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 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.
    4. 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.

  6. 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 thebatlab · · Score: 4, Funny
    2. Re:Sad by Ieshan · · Score: 3, Informative

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

  7. 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 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.

    2. 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...

    3. 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.

    4. 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.
  8. 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

  9. 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.

  10. 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.

  11. 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.

  12. 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

  13. 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.

  14. 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 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.

    6. 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!

    7. 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.

    8. 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
    9. 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.
    10. 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.
    11. 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/
    12. 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.
    13. 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).

    14. 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
    15. 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.

    16. 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/
  15. 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 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

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  21. 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).
  22. 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
  23. 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.
  24. 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
  25. 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..
  26. 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?)

  27. 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
  28. 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.

  29. 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

  30. 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

  31. 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...)

  32. 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 ...
  33. 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?
  34. 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...
  35. 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.

  36. 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.
  37. 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.
  38. 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 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.
  39. 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!
  40. 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.

  41. 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.

  42. 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.

  43. 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?

  44. 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.

  45. 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.
  46. 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.

  47. 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?

  48. 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 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.

    2. 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.

  49. 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.

  50. 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
  51. :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.

  52. 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.

  53. 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.

  54. 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.

  55. 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.

  56. 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
  57. 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?
  58. 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.

  59. 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

  60. 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 !
  61. 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...

  62. 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.