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Microsoft Confirms IE Changes in Wake of Lawsuit

theodp writes "On Monday, Microsoft verified that it will be making what it calls "modest" changes to Windows and IE to meet the requirements of the jury verdict against it in the Eolas patent infringement case. Microsoft says it will finish making the changes to IE and Windows by early next year and will provide developers that use IE technology with documentation to help them modify their applications, Web pages, and browser plug-ins to work with the new plug-in scheme, which affects all Web pages that use plug-in technologies such as Adobe Reader, Apple QuickTime, Macromedia Flash, RealNetworks RealOne, all versions of Java, and Windows Media Player. A preview of the new user experience shows the user being prompted to confirm loading of each ActiveX control."

78 of 481 comments (clear)

  1. ..And the others? by Locky · · Score: 5, Insightful

    And what about Mozilla? Opera? K-Meleon? Safari?

    Is it clear just how much this patent ruling will affect the internet as we know it?

    1. Re:..And the others? by MindStalker · · Score: 2, Insightful

      They didn't and probably arn't suing mozilla, etc.
      So mozilla doesn't have to make any changes.
      Unlike trademark you only have to enforcement patents if you want to.

    2. Re:..And the others? by platypus · · Score: 5, Informative

      But you can lose patents if you don't inforce them.

      No, you're thinking about Trademarks.

    3. Re:..And the others? by Intosi · · Score: 5, Informative

      See this pressrelease for more information.

      --

      Intosi

    4. Re:..And the others? by the_mad_poster · · Score: 5, Insightful

      This is a very good point.

      This is probably one of the very few times we'd want to see Microsoft win a case like this. Eolas claims that they're just going after Microsoft, but who's next? They can clobber the living daylights out of all sorts of other people now in a misguided bid to make money on litigation (the New Gold Rush, anyone?).

      The door swings both ways: if Microsoft is abusing companies (ok, bad choice - IBM or Amazon might be better) with a ridiculous set of patents, we should be yelling. However, if Microsoft, IBM, Amazon, etc. is being abused by a ridiculous set of patents, we need to yell just as loud.

      How does that go... oh yes:

      "And when they came for me, there was noone left to speak out for me."

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    5. Re:..And the others? by tuffy · · Score: 2, Informative
      I think your thinking of a copyright. That can be losed if you don't enforce them.

      Even copyrights can be selectively enforced. Only trademarks need to be vigorously protected.

      --

      Ita erat quando hic adveni.

    6. Re:..And the others? by BESTouff · · Score: 2, Interesting
      This is probably one of the very few times we'd want to see Microsoft win a case like this.

      Not at all. USA has a bad patent system made for big corporations and lawyers. Letting Microsoft win this case would show furthermore that law isn't really a problem when you have more lawyers.

      The problem is the law. It's stupid. Change it.

    7. Re:..And the others? by pirhana · · Score: 5, Insightful

      >This is probably one of the very few times we'd want to see Microsoft win a case like this
      Not me ! I want Microsoft to loose this case. If microsoft loose this case, more and more people will become aware of the danger of software patents. Nobody is going to realise the danger of software patents when a handful of Free software projects are affected. This specific case has drawn a lot of attention to the issue of software patents because its microsoft at one end. I wish more and more software lawsuits come up and more and more people become aware of this. There is nothing to be complacent when microsoft or somebody like them win a couple of lawsuits and software patents largly remain.

    8. Re:..And the others? by Short+Circuit · · Score: 4, Interesting

      Not much more...

      Apparently, this patent apparently doesn't apply to plugins that run as an extension of the browser, rather than as separate applications.

      However, from the way the patent is described, X11 itself might count as prior art, as the X11 protocol constitutes a "bidirectional protocol between the web browser and the application."

      Is UNIX cool or what?!

    9. Re:..And the others? by Kierthos · · Score: 2, Interesting

      And if this shuts down all those flash ads for even a few weeks, how is that a bad thing?

      Kierthos

      --
      Mr. Hu is not a ninja.
    10. Re:..And the others? by jwilcox154 · · Score: 5, Informative

      Actually, you can lose a patent, in the case of the
      Victor Talking Machine Co. vs. Starr Piano Co. (1922)
      the Second Circuit Court of Appeals held the Victor
      patent void for lack of invention and for abandonment.

    11. Re:..And the others? by Darkman,+Walkin+Dude · · Score: 2, Informative

      A lot of graphic designers I know have invested a lot of time and effort in courses and education, learning flash and earning money from it. Also, not all flash is bad... its misuse is fairly widespread, but have a look at this for an example of what I mean...

    12. Re:..And the others? by interJ · · Score: 2, Funny

      Correct!

      And while you're at it, we need more successful terrorist attacks, so that people will be more aware of the dangers of terror! People will give more support to anti-terrorist actions after a few loved ones have died.

      </sarcasm>

    13. Re:..And the others? by greenhide · · Score: 4, Interesting

      The problem isn't the law, per se. It's the problems that come up when this sort of law is applied in the same way to software as it is to more physical inventions. If I went in and tried to patent "A method for converting harvested grains to a flour substance", I'd be told that my patent wasn't specific enough. But I could patent "Using text and images for business on the Internet". Actually, I couldn't. PanIP already did that. Many years after the Internet, Amazon and all, were live and kicking. Prior art existed; why in the hell did they get that patent? There need to be technology specialists working in the PTO -- geeks like us who read Slashdot, who are paranoid about infringing on the rights of others and think through before just granting patents on anything to anyone.

      In this case, the patent was put into place well before it was being used in actual browsers, so there isn't as much a prior art issue as a specificity issue. Generally, I think that because software can have such a broad application (imagine the hell we would live in if someone had patented the general concept of a database - "a data storage system with efficient retrieval systems" and so on) it is important to make sure that the language of the patent forces a company to work out its own solution to the problem, but doesn't prevent it from an entire branch of technological innovation.

      Also, editors -- why isn't "Patents" one of the topics for this story? This is clearly taking place only because patents are being exercised; everybody here is talking about the patents. Listing this story under "Patents" will make sure that if someone is trying to look up or research examples of egregious patents being used as IP weapons (even against such a hated enemy/Slashdot sponsor as Microsoft).

      --
      Karma: Chevy Kavalierma.
    14. Re:..And the others? by Brandybuck · · Score: 2, Insightful

      Not necessarily. Microsoft's capitulation doesn't mean that the patent is valid, only that Microsoft thought it cheaper to tweak IE than to run the matter through the courts.

      Think about it. A team of lawyers closeting in court for three years is much more expensive than a team of developers closeted for three months rewriting a plugin mechanism.

      --
      Don't blame me, I didn't vote for either of them!
  2. Stimulus:Response by TopShelf · · Score: 4, Interesting

    While $520 million might be a drop in Microsoft's $40 billion bucket, it's still a big enough factor to warrent a change in practices. Too bad the anti-trust efforts didn't enjoy this level of success...

    --
    Stop by my site where I write about ERP systems & more
  3. uhg by Meeble · · Score: 2

    all these products are supposed to enrich the quality of the living web ::not:: cause more pain by inflicting pop up warnings and alert boxes.

    so now I need to accept 3 alert boxes before I can hit skip on your flash splash page ?? ;)

    --
    Fear Breeds Knowledge
    1. Re:uhg by lordvdr · · Score: 4, Insightful

      You bring up what could be an unintended benefit to this ruling. Perhaps developers will now stick to more friendly interfaces. I rarely stay long at a company's page that utilizes flash extensively (and almost entirely avoid pages that only use flash (for interface, content, etc.)).

      If a visitor goes to the page and nothing comes up but a little notice that says, "Stuff didn't load", they will leave without the company getting its message across. That will encourage the company to have a web page that uses html and jscript and php and whatnot to get there message across and will limit plug-ins to only the content that really needs it.

      Additionally, While I use Windows, IIS, etc. I don't use things like ActiveX Controls on web pages. I think there are better ways to go about it. Now, when a company is developing it's great new intranet app, will they use ActiveX Controls and force the employee to load each page twice (and waste MONEY), or will they come up with a newer and/or better way to do the same stuff?

      Don't get me wrong, I don't agree w/ this decision, but maybe it will have some unintended benefits.

      --
      If you are out to describe the truth, leave elegance to the tailor - Albert Einstein
    2. Re:uhg by RetroGeek · · Score: 2, Funny

      {D27CDB6E-AE6D-11cf-96B8- 444553540000}

      I think you just told MicroSoft who you are.....

      --

      - - - - - - - - - - -
      I am a programmer. I am paid to produce syntax not grammar. Deal with it.
    3. Re:uhg by michib01 · · Score: 2, Informative

      Or you can use Mozilla and implement the simple steps described here:

      http://www.squarefree.com/userstyles/xbl.html

      This allows you to have Mozilla run Flash animations only if you click on their area within a web page.
      Pretty useful to avoid all those Flash ads and banners.

      --
      - "Having a clean conscience is sign of bad memory"
  4. IE changes by someguy42 · · Score: 5, Interesting

    I, for one, particularly like the idea of being notified before my browser loads an ActiveX control. Sounds to me like a feature that should already be in the browser for security purposes anyway. Yes, I know it's a user changeable option, but honestly, how many "Joe Sixpack" users know the option's there anyway, much less what it means?

    --
    The probability that someone is watching you is directly proportional to the stupidity of your actions.
    1. Re:IE changes by Asprin · · Score: 4, Insightful


      Yeah, but the warning dialog is conspicuously missing a "Cancel" button.

      ...of course, you **could** go into the IE security config and set it to prompt you when loading signed and unsigned controls -- THAT one has a cancel button...

      --
      "Lawyers are for sucks."
      - Doug McKenzie
    2. Re:IE changes by Asprin · · Score: 2, Funny

      Yeah, "CowboyNeal is my active-x control."

      --
      "Lawyers are for sucks."
      - Doug McKenzie
  5. Good or Bad? by Shaklee39 · · Score: 3, Insightful

    As much as everyone here wants to see microsoft go down, there a thousands of windows applications that rely on these and you can bet that not all of them will be updated anytime soon. Many programs use OLE with WMP and IE to have these features but it sounds like older applications will now be incompatible.

  6. Unexpected. by 3Suns · · Score: 5, Interesting

    Huh, who'da thunk it. I expected MS to buy the Eolas patent, or Eolas itself if necessary, and turn the patent against AOL/Netscape, Opera, and the rest of their competition. They're actually not being vicious bastards in this one...

    --

    -3Suns

    ~~~~
    The Revolution will be Slashdotted
    1. Re:Unexpected. by WhiteWolf666 · · Score: 5, Informative

      Eolas didn't let them.

      Eolas is a 100% private company. All owned by its 1 employee.

      No possibility of a hostile takeover there.

      Eolas wasn't willing to sell the patent. I don't remember the article, but the Eolas guy specifically says that he wanted to use his patent to change the landscape of the broswer industry; he talks about allowing other browsers back into the market by only enforcing his patent against Microsoft (and wining a HUGE chunk of change in the process).

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    2. Re:Unexpected. by Darren+Winsper · · Score: 4, Insightful

      While I can understand his motive, I'm not fond of it at all. Abusing an over-abused process to get your way is going to encourage other people to do it if you win. Besides, it gives the IE advocates ammo along the lines of "Mozilla only survived because MS was forced to cripple IE".

    3. Re:Unexpected. by Joe+U · · Score: 2, Insightful

      Gee, thanks, 95% of my users are pissed off. But he wanted to make a statement.

      What did he think was going to happen, suddenly everyone is going to switch from IE? Bzzz, wrong answer. It's nearly impossible to get people to upgrade from Netscape 4, switching browsers would be like pulling teeth.

      Mozilla and company better hope that the fix still lets plugins work with their browsers, because that's going to be how it's fixed. It's going to make the web more IE centric and the sites will be fixed to work with IE first.

  7. Thanks, Eolas! by JanusFury · · Score: 2, Insightful

    My web browsing experience just got even better!

    It guess it just goes to show you that at the end of the day, someone will always find a new way to screw everyone else over for money.

    Even though it's just Microsoft, I can't help but think that this is going to end up affecting other stuff too. Once a company like Eolas gets away with this garbage, I doubt they'll quit while they're ahead. I see more lawsuits like this in the future.

    --
    using namespace slashdot;
    troll::post();
  8. Law of unintended consequences by onyxruby · · Score: 4, Insightful

    Law of unintended consequences steps up to the plate. This security enhancement took a half billion dollar patent lawsuit to be brought about. What will bring about the next one be and how much will it cost? Maybe, just maybe, they will someday learn that fluid integration of third party code without user approval is a bad idea?

    1. Re:Law of unintended consequences by Chilles · · Score: 3, Insightful

      people will only get so used to clicking "OK" to various "do you want to run this?" prompts that less than cluefull people will install thousands of trojans, 0900 dialers, new search/start pages and whatever per surfing day.
      This is IMO the worst thing that could have come out of this case ever except maybe MS buying Eolas and using the patent against other browsers...

    2. Re:Law of unintended consequences by onyxruby · · Score: 2, Interesting

      RTFA and it did not mention it's just a one button dialogue box. Inquirer article I read after writing comment did. MS finally has a chance to do the right thing, enhance security, and they blow it. All this is going to result in is training people to click "OK" every time they see it on a page. After being conditioned to do this constantly, they'll do it to anything.

      Ugh, I retract what I said, and must continue cursing MS as before. What I'd really like to see though is for it to remember which "enhancements" I have declined so that I don't have to bother with them again. Flash, gator, bonzai buddy and on and on.

    3. Re:Law of unintended consequences by Chester+K · · Score: 2, Interesting

      This security enhancement took a half billion dollar patent lawsuit to be brought about.

      This is not a "security enhancement". IE already come shipped to prompt before installing any ActiveX controls (the famous "Always trust content by Microsoft Corporation" window is the one I'm talking about here).

      What this is doing is forcing the browser to prompt in every instance that an ActiveX control is used, which, by the way, you can currently set IE to do as well, but it doesn't come defaulted to do so -- the "trust" there was placed when you permitted the control to be downloaded in the first place, which is a perfectly reasonable security model; so this isn't a security enhancement. There's also no way for a user to turn off this annoying "prompt all the time" behavior.

      Fortunately, there is a way for webmasters and people hosting the IE browser control (such as MyIE2) to turn off this behavior, as Microsoft has posted workarounds (along with a wink-wink-nudge-nudge disclaimer that you shouldn't use them to circumvent the patent).

      Unfortunately, this is having the opposite effect that Eolas intended. We've decided not to roll out a Mozilla solution because Gecko is in violation of this very same patent, which has now been validated by a federal judge.

      --

      NO CARRIER
  9. List of concesssions by tcd004 · · Score: 2, Funny

    Yeah, they agreed to a list of stuff.

    tcd004

  10. Oppertunity Knocks by Malicious · · Score: 5, Insightful

    What I see when I look at this new format, is a whole new era of popup ads. With Microsoft now requiring you to click 'Ok' before you can play a flash game, or watch a video, there will no doubt be an entire genre of popup ads designed to look just like these windows.
    Ad ware will run rampant, as users are clicking OK left, right and center.

    --
    01101001001000000110000101101101001000000110001001 10000101110100011011010110000101101110
    1. Re:Oppertunity Knocks by Kombat · · Score: 2, Funny

      That's just untrue and false.

      I hope you write code more efficiently than you write English.


      if (!flag && (flag == false))
      // ...


      I see some room for optimization there ... :)

      --
      Like woodworking? Build your own picture frames.
  11. Everybody loses by davetrainer · · Score: 3, Insightful
    You can determine if a user's version of Internet Explorer exhibits the new behavior by examining the user agent string. If it contains the token AXCompat, then the browser has the new behavior.

    Fantastic. More browser sniffing, more money spent on more developer time to code workarounds for the new behavior, and more dialogs to arbitrarily disrupt user experience.

  12. This wasn't really a Good Thing (tm) by goldspider · · Score: 5, Insightful

    You're ignoring (probably intentionally) the awful precident this sets in regards to the enforcement of (ridiculous) software patents. Let's recognize what is truly the greater evil here.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  13. Same as my current IE experience by j_dot_bomb · · Score: 3, Insightful

    To be really careful about security, I turn Active X off on all sites except a few. I get that annoying "This site may not display properly ...." message and cant get rid of it (Microsoft dosent want me to not use Active X remember) Now -users- of Active X will have it just as bad or worse it appears.

  14. This doesn't change anything! by Brooks138 · · Score: 2, Informative

    If you look at the site they show a new tag, NOEXTERNALDATA, which basically nullifies this change... I think we will see a lot of sites violating the patent while Microsoft sits is in compliance.

    Sometimes it helps to read...

    1. Re:This doesn't change anything! by vidarh · · Score: 3, Interesting
      Years ago I worked for a company where one of the first things I did was point out to them that all their internal user identifiers was easily guessable, and would allow anyone to do free international phone conferencing on 30 channels per session. The crack team of developers at corporte HQ then got to work, and proudly presented an update that was "secure" according to the guy that wrote it because they base64 "encrypted" the ID. Not only did they have some silly notion that base64 magically provided security, but they also hadn't done anything about the non-random allocation of user identifiers.

      They finally got the point after I e-mailled them a base64 decoder (after first shocking them by demonstrating how I could instantaneously "decrypt" the ids), and a separate script that would brute force all their user identifiers with wget in minutes... (I think presenting them with the user IDs that would have allowed me to download the CEO's address book and charge conference calls to his account was the most enjoyable part)

      Let's just say that it wasn't the last security vulnerability...

  15. oh great! by phantast · · Score: 2, Insightful

    And I just finished training all my users to NOT click OK on boxes that pop-up when using the web. Now you're saying I have to train them to make educated decisions to accept or decline boxes?

    The monkey trainers at the circus will have an easier time...

  16. Patents & innovation by Koos+Baster · · Score: 3, Insightful

    Sigh.
    IMHO the Eolas vs M$ case proves once and for all that (software) patents -- used with good or bad intentions -- frustrate rather than further innovation.

    --
    Nothing is illegal if one hundred businessmen decide to do it -- Andrew Young

  17. Re:Bwa ha ha ha ha! *snicker* BWA HA HA HA HA! by platypus · · Score: 4, Informative

    This annoying feature was already present in one form in IE. If you check "don't start ActiveX controls" (or whatever this option was called), the dumb thing pops up a dialog box complaining about how you'll not see this site in it's full beauty because you don't like ActiveX.
    For every page, and for every damned control embeded in this page (IIRC, it's a while since I last used IE)

    I'm glad the the yes-to-active-x fraction now gets their own piece of the pie ;).

  18. Re:Decisions, decisions. by NickFitz · · Score: 5, Funny

    Actually, the dialog shown only allows you to click "OK". Who needs options when you've got Windows :-)

    --
    Using HTML in email is like putting sound effects on your phone calls. Just say <strong>no</strong>.
  19. not a security feature :) by dirtydamo · · Score: 5, Interesting

    I love how Microsoft, after a $500 million lawsuit, finally plans on putting a dialog box in that the user must click through to load an ActiveX control... ...when designing this dialog box, you'd you'd think someone would have mentioned how easy it would be to put a "Yes"/"No" choice in it. Right? Because sometimes users might want to not load controls, for various nefarious reasons we are all aware of. Right? Right???

    wrong

    1. Re:not a security feature :) by colinleroy · · Score: 3, Interesting

      Maybe they're trying to make a point ("see? it's stupid isn't it") before appealing the court decision?

      --
      blah
  20. They're already working around it! by rkent · · Score: 5, Informative

    Ha! From that page: "If the OBJECT element used to load the control contains PARAM elements but none of the PARAM elements specify a source of data external to the current Web page, then the control does not access remote data" and so the user will not be prompted.

    I suppose that this is one of the concessions they were required to make: plugin content that "specifies a source of data external to the current page" was probably convered specifically by the patent in question.

    But here's the VERY NEXT sentence: "The OBJECT element for an ActiveX control has a new attribute: NOEXTERNALDATA. Specify true for this attribute to indicate that the control does not access remote data and that Internet Explorer should not prompt the user." Notice that this doesn't say "specify this tag and we'll CHECK to see if there's external data." It's basically a way to turn off the prompt, no questions asked.

    In fact, the code example directly following specifies a "param url=", which sounds a helluva lot like a "source of external data" to me. Is it just me, or does this directly flout the entire point of the changes? I can't imagine that's an accident... I think MS just said "here, we'll change our default behavior, but we'll let users subvert the change starting now."

    Ha!

    Other interpretations?

    1. Re:They're already working around it! by EddWo · · Score: 2, Informative

      "The following example shows an OBJECT tag that loads a control without a prompt from Internet Explorer because the NOEXTERNALDATA attribute is set to true. The control does not receive the URL property."

      That last sentance explains it. If you have the NOEXTERNALDATA attribute in the OBJECT tag then the control does not receive the URL property even if one is present in the HTML Source.
      It will stop the popup from showing but it will also stop the object from fetching the external data.
      This complies with the patent.

      --
      "Taligent is still pure vapor. Maybe they'll be the last who jumps up on Openstep... "
  21. Funny, not interesting! by Dan+East · · Score: 2, Informative

    Geez. Come on moderators, follow the links before you mod.

    Dan East

    --
    Better known as 318230.
  22. E=0 by edalytical · · Score: 5, Insightful

    If anyone has read Jef Raskin's "The Humane Interface" they know that a dialog box that allows only one action has a information theoretic efficiency of 0 (E=0). He was referring to dialog boxes with that at least told the user something important or useful, "Finished searching document" for example. But this takes the cake. E must equal -1 (E=-1) they might as well just have a dialog box with a button and no message at all.

    --
    Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    1. Re:E=0 by edalytical · · Score: 2, Informative

      This is a better way, as one reader has already pointed out. There has to be a better way, however, one that does not interrupt the user.

      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
  23. OBJECT tag useless without parameters by Watts · · Score: 2, Informative

    The NOEXTERNALDATA tag can only be used when there are no parameters passed. If I simply have as their example shows, then the plugin will load, but will not know where to load data from. It'd be similar to loading the flash plugin but not pointing it to a data file... pretty useless.

    Additional parameters (like a file) would be ignored if NOEXTERNALDATA is specified.

    Oddly enough, the tag is theoretically the correct way to embed images, depending on how you read the HTML spec. Can you imagine a popup coming up for every image on a page?

    1. Re:OBJECT tag useless without parameters by Brooks138 · · Score: 2, Informative

      You got me, read it wrong...

  24. You can work around this for the end user by digitalgimpus · · Score: 2, Interesting

    by updating your code. I updated http://media.accettura.com last night to use a JS method recommended. Seems to work in all browsers I tested at the the moment. No dialog from IE's new release... only difference is JS is now required to see the object. But I don't think many people have JS still disabled.

    1. Re:You can work around this for the end user by HTD · · Score: 2, Insightful

      I wonder why that is not against the patent. No matter how you insert your flash media - the plugin will get loaded seemlessly, which is what the patent is all about afaik. I see no difference in having static html code or dynamic JS code that links to media, in the end it will load the plugin without user interaction (unless the user has disabled JS).

      I know that this workaround is from microsoft, but i don't see the real difference. Anyway i don't think this change will affect end-users, because web-professionals will update their pages to avoid the messagebox and lame users wont update their browsers (and therefore avoid the messagebox w/o knowing it ;))
  25. Not quite, read the rest: by Watts · · Score: 4, Informative

    The following example shows an OBJECT tag that loads a control without a prompt from Internet Explorer because the NOEXTERNALDATA attribute is set to true. The control does not receive the URL property.

    In other words, the control doesn't get that URL parameter, it's just loading the component without a data source.

  26. Is it just me.. by webrunner · · Score: 5, Insightful

    Is it just me or is an alert box with just an OK button completely worthless in this case? All it does is delay loading the control without giving the user the ability to not have it load. The user only has two choices: load the potentially dangerous control, or leave the dialog box on screen. This doesn't solve any of the problems and just adds more headaches to the browsing experience.

    --
    ADVENTURERS! - ANTIHERO FOR HIRE - CARDMASTER CONFLICT
    1. Re:Is it just me.. by vidarh · · Score: 4, Funny

      This is a patent workaround, not a "feature". It's not meant to add value. They might as well make it say "Work around broken paten system? [YES]"

  27. DATA element by GenericJoe · · Score: 2, Insightful

    Looking at the changes to the user experience document from MS, it seems to me that this may be trivial in the long run.

    You can't pass "PARAM" lines with clear text data, but you *can* pass DATA lines with base64 encoded data. So what do we need to do? Encode our PARAM data lines, of course.

    This may break the patent ... and it may not, depending on the way it was written (anyone have a link to the patent itself?) If not, then all we need are some good mime-encoders. The main bad part, I guess, is getting away from standard HTML, but then you were doing that anyway when you embedded a plugin...

  28. Lotus Notes R3 by dobber · · Score: 2, Informative
    What ever happened to Lotus Notes R3 being offered as prior art? IANAL, but that seemed to be a great argument.

    http://www.ozzie.net/blog/stories/2003/09/12/savin gTheBrowser.html

    --
    "If you fight, fight without fear. If you love, love without reservation." -- J. Michael Straczynski, Babylon 5
  29. More so since by Sycraft-fu · · Score: 5, Interesting

    This guy seems to be doing it for a vendetta, not for money. If it was purely a money thing, the free browsers would have little worry since they aren't good targets. I mean, no point taking someone to court who has no assets, it'll just be a waste of your time and money. Well he's not out for that reason, despite asking lots of money, he's out to cripple Microsoft. Ok, many people here would say that's a good thing (I'd say it's anti-capatalistic, but never mind). However, what happens if he gets a burr up his ass about another browser? Say he decides that Opera is unfair, since it charges money and he thinks all browsers should be no cost. Or maybe he gets in a abr fight with a Mozilla dev and gets mad at Mozilla. Then what? He can again use his patent as a weapon.

    However, what he does is really not relivant. The point is that patents should NOT be allowed to be used as weapons by anyone, small or large. The point of a patent, and this is explicitly(*) spelled out, is to provide an inventor some protection so they can make money off an idea in the intrestes of promoting PROGRESS. In other words, you get a time limited right to your idea that people can't infringe on, so you are encouraged to share it with the world to use, and recieve compensation as a result. It isn't so some random guy or corperation that didn't invent shit can play bully with people.

    Patent bullying needs to be stopped period.

    (*): It's article 1, section 8, clause 8 of the constitution: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

  30. auto-button pusher by hikerhat · · Score: 2, Insightful

    Shouldn't be too hard to write a program that watches for that dialog box and hits OK for you. Security be damned. Its a windows box. As for open source browsers, if they are required to do something like this they should be sure there is an easy source code work around. Maybe they can't distribute their software with the work around in place, but just download the source, muck with a few lines of code, and re-compile. At least power-users won't have to deal with it. There's no law against modifying the source on your system. Yet.

  31. They already have that by Sycraft-fu · · Score: 2, Informative

    Go to teh security settings and tell IE to prompt you before running an ActiveX control. It'll then ask your permission, which you may give or not. This box is a lame-ass notification that they are forcing on people because of the patent. IF you want it to ask you, that's a different setting, and already available.

  32. The button wasn't meant to be informative... by JMZero · · Score: 4, Insightful

    ..or useful or good in any real way - but I suppose you already knew that.

    I think we'll be seeing more and more of this garbage in the years to come - software coded awkwardly to get around useless patents.

    My solution? Cut the time on software/business patents to 3 years. Plenty of time to build a lead based on a valid new idea - very little opportunity to "pre-patent" an obvious idea to extort with later.

    --
    Let's not stir that bag of worms...
  33. Quite right, Eolas are truly a greater evil... by @madeus · · Score: 5, Interesting

    I quite agree, Eolas are a much worse evil in this instance (though I'm sure they do not seem themselves that way, they no doubt belive they are heros of some kind), I was so disgusted I sent them the following email...

    To: info@eolas.com
    Date: Tue Oct 07, 2003 03:09:36 PM BST
    Subject: Congratulations on your lawsuit

    I would like to congratulate you on managing to successfully sue Microsoft and still manage to be seen as a despicable bunch of malevolent malcontents by the public at large (including industry professionals).

    By exploiting the US legal and patent system and it's weaknesses (in particular it's notorious inability to deal with technical software cases) and infecting the rest of the world with your insipid patent claim (which is an insult to everybody with any knowledge of browsers, plugins, going as far back as the original inspiration for Tim Berners-Lee, Bill Atkinson's HyperCard) you have made the web a less pleasant experience, and you haven't actually contributed anything new to the concept of software plugins (those of us who remember HyperCards XCMD's are more than aware of that, even if the US patent office and the courts were not).

    I'm sure your all convincing yourselves you've 'slain a giant' and that you are trying to re-enforce that opinion among yourselves for your own benefit, even though the rest of the world is largely telling you otherwise, most vocally. I'm sure you will casually disregard the voices you do not wish to hear.

    Many people (those working for free in the open source world, as well as plugin developers and commercial software developers and web content maintainers) will now have to spend many man years working on an alternative non-patent-infringing format so they can be sure to remain free from your legal shenanigans. This is time that they could have spent working on other free an open software for the benefit of everyone (or who knows, even at the park, or at home with their families!). Not to mention all the end users that will be effected by this and who will have to now spend time downloading, installing and working around 'fixes' that will be necessary in the wake of your decision to sue.

    In your own special way, you have truly made the world a worse place to live in.

    Congratulations.

    --

    1. Re:Quite right, Eolas are truly a greater evil... by DickBreath · · Score: 3, Insightful

      I don't think software patents are inherently bad.

      I disagree. And I'll go further. I think all patents are inherently bad.

      Patents are to promote progress. That is what the constitution says. They did do that before huge corporations collected and traded patent portfolios with their friends. Nobody could have imagined global multi-national corporations with gross revenues that are larger than many actual countries.

      Patents no longer promote progress. They are something bought and sold to use as a nuclear weapon. I don't believe any reform of the patent system will fix this aspect of it. Shorten patent lifetimes. Fix the examination process. Still, you have patents, which are exclusive monopoloies, being bought and sold in order to restrict who can do what, rather than promote progress.

      Companies will still amass huge patent portfolios so that if they get sued, they can always counter sue. If you sue IBM for anything, you can expect an expensive patent countersuit. Standard procedure. All of SCO's products infringe those four patents IBM claims. Why did IBM respond with only four patents instead of 2000 patents? So that they don't look to the judge like they are gaming the system. Nonetheless, they will stop all of SCO's products. Even if SCO could show one patent to be invalid, thus freeing some of their products from infringement, IBM can just file another patent suit after that. Patent litigation is very expensive. You must prove that the patent is invalid (expensive) or prove that you don't infringe (also expensive).

      It is simply not possible for anyone to write a program that does not infringe a dozen patents held by Lucent, IBM, Microsoft, etc.

      Do you really think reforming the patent system is going to fix these problems and start promoting progress? Patents no longer serve the public good.

      --

      I'll see your senator, and I'll raise you two judges.
    2. Re:Quite right, Eolas are truly a greater evil... by Baki · · Score: 2, Insightful

      Fully agree, all patents must be abolished.

      The few things that might not be developed without and that are really necessary and useful (medicine comes to mind) is always mentioned by proponents to explain why we "must have" patents.

      As if no progress was made until the 19th century (before which patents did not exist). This view is a scandalous ignorance of the history of our culture and science.

      Should commerce on its own no longer develop new medicines: 90% of new medicines we can do without (they only make the healthcare system unsustainable, i.e. too expensive). The remaining 10% must be state funded: all that is really indispensible must not be left to commerce, since that is truely dangerous.

      At the moment many states spend more and more on subsidies for healthcare (direct or indirect), much of which flows in the pockets of farma industry. It would be better to spend that public money on directly funding universities and researchers to develop those products that are truely needed.

  34. The patent system is out of control by Jotham · · Score: 5, Funny

    This is ridiculous. Basically the ruling appears to state that:

    Plug-ins are OK as long they don't load external data
    If they do, microsoft can't load it for you without a prompt
    BUT you can document.write it in and avoid the prompt
    BUT only if the script is in an external file...

    So the key point here seems not to be with plug-ins (which obviously pre-date the patent) but plug-ins using EXTERNAL data...
    Now this just doesn't make sense. The HTML standard has ALWAYS supported full urls being used in ALL tag that can get data ie. <img src="http://external.com/image.gif"> In fact the HTML standard was written specifically so that it doesn't care if data is local or not.

    So in conclusion, why would Chewbacca live on Endor... this just does not make sense... I rest my case

  35. I Can Only Question Micro$oft's Motives by guzzirider · · Score: 2, Insightful

    I am very concerned about the real out come from this. Since my crystal ball runs Windowz it is not working. Micro$oft settled with these "People" and gave them enough cash to pay lawyers for quite a long time. Who/what else is going to wind up "infringing" ?

    Now Micro$oft is going to make "changes" to IE, just what is no longer compatible? Let me guess, all older versions of IE. Are all web pages no longer going to be able to support older versions of IE with out "infringing"? Now which versions of the Microsoft OS are going to get new versions of IE? Win XP for sure, Win2K? Win9x will probably not get a new version. Now it will become unusable.

    Now it's easy to start a rallying cry about getting new users on the LINUX platform, by suggesting that disgruntled users will switch. However most of them are probably not really tech savvy and were really stressed to get their AOL CD into the computer in the first place.

    I guess more obsolete computers on the used/surplus/junk market is a good thing? The users left in the lurch will most likely buy new computers with some Micro$oft OS, on them.

    Now worst cast paranoid thought. Micro$oft wanted this to happen.

  36. Short-sighted is more like it. by *weasel · · Score: 2, Insightful

    All this Eolas guy did was clamp down on the independent browser makers -more-.

    so MS figures out a workaround... due to the fact that IE holds 95% of the market, all the big plugin vendors will change their access methods to support the new workaround.

    So web developers who wish maximum coverage (nearly all) will change their html code to support the new access method.

    Then, either other browser vendors have to spend just as much money to maintain compatibility, or they lose the features on any site that has switched to support 95% of the internet.

    And a small browser company's turnover time for making the change is going to be longer than MS, as they don't have the swarms of programmers. So it costs the independent software developers at least the same in programmer wages (excepting -purely- OSS browsers) to do the change, but costs them more in user-satisfaction and market-share as they have a longer time without the features, and they've lost programming time they could have been using to -improve- their own browser.

    How much time has the Opera or Safari team already lost just doing CYA code reviews to ensure they're not in an exposed legal position?

    And as for this altruistic notion that Eolas is only out to stop the Big Bad Guy... what happens if IE does lose market share to something like Opera? What happens when Eolas would suddenly decide that that Opera's business tactics weren't fair either?

    There's too much legal risk for a browser developer to -not- migrate to supporting the new method right away. Sure, they'll probably be backwards compatible to the old way - but what web developer wants to embed an activex plugin in their web content that is unusable to 95% of their potential market?

    Keep in mind that this new plugin requirement only needs to displays an 'Ok' box in the event that the plugin data is remote. Meaning if you go to homestarrunner.com and watch an sbemail flash movie hosted from homestarrunner.com - there's no messagebox; it's still a seamless experience.

    So what does this mean? Well... it does mean that you'll have to click Ok once for every remotely hosted activex ad (nightmare).

    I myself tend to think that web hosts would sooner drop plugin ads, or start hosting locally long before they'd suffer through potentially losing 95% of their viewers.

    (I certainly hope that IE ads a config option so I can disable remote activex data streams altogether. That'd be a pretty good adblocker. I guess there may be a silver lining.)

    --
    // "Can't clowns and pirates just -try- to get along?"
  37. Waste of time (was Re:Unexpected.) by jvj24601 · · Score: 3, Insightful

    but the Eolas guy specifically says that he wanted to use his patent to change the landscape of the broswer industry; he talks about allowing other browsers back into the market by only enforcing his patent against Microsoft

    I fail to see how this will "change the landscape of the broswer industry". Microsoft published instructions on how to create web pages that do not prompt the user. Greater than 90% of web browsers are IE. So every web developement firm (or company that puts up it's own public website) will have to do extra work to fix old sites and write new ones (or else their customers, the people whose content on the sites will complain).

    Nothing will change, except for wasted work hours. IE will still be the dominant web browser (which may change in the future, but not because of Eolas).

  38. Everybody is missing the point... by Guspaz · · Score: 3, Insightful

    The point of this dialog is NOT to enhance security, or give the user a choice, it's to get around the patent. That's it's only purpose.

  39. A lesson for Microsoft by deadmonk · · Score: 3, Interesting

    From the article:

    "We believe the evidence will ultimately show that there was no infringement of any kind, and that the accused feature in our browser technology was developed by our own engineers based on pre-existing Microsoft technology," a Microsoft spokesperson said in early August when a federal court jury delivered its verdict.

    Welcome to what happens when you open Pandora's Box. What the lawyer/spokesperson/talking head missed here is that it *doesn't matter* if you built the system inside of a dark room sealed in a nuke-proof underground bunker - if someone else already has a patent on it, they own the idea. There is no "but *we* built this version!" cry that works, when someone 'patents software' they are essentially forbidding you to think or create without their permission.

    Copyright prevents you from lifting their code and claiming it as your own.
    Patents prevent you from building your own ideas if they happen to overlap someone else's.

  40. Re:Decisions, decisions. by Anonymous Coward · · Score: 2, Insightful

    <i>Actually, the dialog shown only allows you to click "OK". Who needs options when you've got Windows :-)</i>

    What about

    | This dialog was brought by you by the |
    | friendly folks from Eolas, your favorite |
    | extortion company. Press OK to continue. |
    | |
    | [ OK ] |

  41. Not a big deal; see the Javascript work-around by Withigo · · Score: 2, Interesting

    What a mess.
    Certainly there must be prior art for such an obvious software implementation. Thank you USPTO for your complete ineptitude. And thank you legal system for your ineptitude as well.

    Eolas probabally just wants to cash-in on the $250 million patent settlement. I don't think MS intentionally lost the case in order to squeeze the competition. MS provides a trivial javascript work-around at the bottom of the new IE documentation. Any browser which runs javascript can presumably do the same. MS' documentation seems to state that the patent covers external program and data referenced within a web page, but it does not cover a second layer of indirection, such as an externally included javascript file that itself includes external activex object data.
    So that is the new work around.

    But it does create a whole new upgrade-cycle of
    browser exploits. Previously, javascript could be filtered, which made it much more simple to filter out the remaining active content.

    But now all the active content must be put into javascript, so filters will have to be able to process javascript to indirectly filter out the active content. Since the majority of the IE exploits target activex and embedded objects, there will be a long road of successful IE exploits until this new filter technology is stable.

    This disproves the conspiracy theory that says MS lost the patent case intentionally.
    Why would MS lose this patent case and accept the consequences of a whole new round of IE exploits and Virii/worms?
    That would be just plain dumb, especially when your company is being sued in California for creating insecure software, and your reputation for providing secure products is at an all time low!

  42. Did you catch the workaround? by keytoe · · Score: 4, Informative
    I haven't seen anybody mention this - but Apple has a page that describes a workaround for this for all you HTML developers out there. I checked it out, and almost spit coffee out my nose when I saw this:

    Here's an example of code (a simple tag) that will not function as it did previously when loaded in the changed version of Internet Explorer for Windows:

    <object classid="clsid:02BF25D5..." ...>
    <param name="src" value="sample.mov">
    </object>
    OK - so far so good. Then they get to this part:
    Create and place the external JS file on your site. In this example, call it foo.js. This script needs to document.write the full object/embed tag that was previously in your HTML file:

    function InsertSampleMovie()
    {
    document.write('<object classid="clsid: 02BF25D5..." ...>\n');
    document.write('<param name="src" value="sample.mov" />\n');
    document.write('</object>\n');
    }
    I can see where this is going...
    Replace each [object], [embed], or [applet]; tag with a call to the appropriate external files as follows:

    <script language="JavaScript"type="text/javascript" >InsertSampleMovie();</script>
    So- in summary: Writing the code directly in HTML is a violation and will trigger IE to spit the silly dialog box. Having JavaScript (and therefore the browser itself) write the offending code is just kosher. Wow.
  43. It only looks that way... by JMZero · · Score: 3, Interesting

    Because the software world hasn't had big, market changing innovations lately. Really, I mean that. And I see no reason why a new software idea couldn't be on the market within a year.

    Think I'm wrong? Name one real software idea that fits these criteria:

    1. Patented in the last 3 years
    2. Could not be exploited for a reasonable "head start" profit in 3 years

    Show me that, and I'll show you a useless, obvious or redundant patent - a patent that will only be used to harm innovation down the road.

    It's only been luck that we haven't seen more damage from bad software patents. Law should be changed now, or we'll see real problems in 2015. 3 years (or thereabouts) is a compromise that could protect most legitimate interests, I think.

    --
    Let's not stir that bag of worms...