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Eolas COO Says IE Changes A Shame

capt turnpike writes "Hot on the heels of Microsoft's announcement of a 60-day period in which Web developers will have to change their pages' architecture, the COO of Eolas, the company whose suit forced these changes, gives an interview to eWEEK.com in which he says these changes are a disappointment. Confused? From the article: 'There is no court order forcing Microsoft to do anything. Anything that is being done is of Microsoft's own choosing,' His position is that publicizing these forced changes strengthens MS's case."

56 of 235 comments (clear)

  1. Very disappointing by blane.bramble · · Score: 5, Insightful

    From the point of view of his cash flow...

    1. Re:Very disappointing by amliebsch · · Score: 4, Informative

      Exactly. The summary doesn't make it clear that he is saying that the changes are not required because Microsoft could simply pay them for the privilege of not changing it. I say, you sue somebody for doing something, you forfeit your right to complain when they stop doing it!

      --
      If you don't know where you are going, you will wind up somewhere else.
    2. Re:Very disappointing by JordanL · · Score: 3, Funny

      It's just lucky for them that they didn't try to sue IBM over a patent this frivilous...

    3. Re:Very disappointing by PygmySurfer · · Score: 2, Interesting

      Except Microsoft didn't "steal" anything, the patent is ridiculous, and the Eolas suit should've been thrown out.

  2. No, What's A Shame Is by Naked+Chef · · Score: 5, Insightful

    the completely broken patent and copyright system in the U.S. that allows such ridiculous lawsuits to happen in the first place, which encourages companies like Microsoft to file thousands of "defensive" patents per year, exacerbating the problem. But nobody can figure out what stifles innovation....hmm.

    1. Re:No, What's A Shame Is by heinousjay · · Score: 3, Interesting

      I've gotta say, I don't really see the innovation yet being stifled. Maybe it's a foregone conclusion, and maybe I'm just missing something, but things do seem to be proceeding apace. Honestly, it all seems a bit 'Chicken Little' to me.

      Maybe the fact that people can't 'innovate' tiny little changes to other people's ideas is forcing creativity to higher levels.

      I have nothing to back my opinions up, unfortunately, but I also have nothing refute them.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    2. Re:No, What's A Shame Is by NialScorva · · Score: 2, Informative

      The fact that this company basically patented a software design pattern isn't evidence? Modular achitectures are one of the most basic ideas of software, and this company claims that it owns that idea in the area of web browsing.

    3. Re:No, What's A Shame Is by 0xdeadbeef · · Score: 5, Funny

      Damn you, you overflowed my ignore list. Now I must find the least vacuous contrarian to remove.

    4. Re:No, What's A Shame Is by Jtheletter · · Score: 5, Interesting
      I've gotta say, I don't really see the innovation yet being stifled. [...] Maybe the fact that people can't 'innovate' tiny little changes to other people's ideas is forcing creativity to higher levels.

      This has nothing to do with a lack of creativity or inventiveness on the inventor's part, this has to do with broad and vague patents that cover too much, or too obvious things. In addition the entire patent space is comepltely cluttered with these sorts of things making sorting out relevance from the noise frustrating, time consuming and expensive.

      Being an engineer I've had quite a few ideas for new things, one of the biggest problems I have faced is trying to determine if it's even worth applying for a patent or spending time developing it. Unlike a huge corporation my funds are very limited, so I don't have an extra $1,000++ to just take a shot at patenting something that may not even be accepted, or even worse - is accepted but is later found to infringe on someone else's overly broad patent. Have you ever tried to research existing patents to determine if something you've come up with is new? Not only is it time consuming and difficult, the language of the patents makes it nearly impossible to figure out if something applies even when you think you may have found a hit. The solution is to hire a patent company/attorney to do the search for you, but now we're talking easily $150/hr in fees for the service, and on top of that your patent needs to be worded in the same obfuscated legalease to have a chance at actually providing your idea with protection.

      Innovation is being stifled by the sharp increase in barriers to entry. I've looked into it and just applying for a patent and including search and support costs it easily costs $2500 on the cheap end. Sure you could just pay the patent office fees and give them what you've come up with on your own but you'd basically be throwing your money away since in all likelyhood you will need some sort of councel to get it through the system.

      All of these huge corporations filing "defensive" patents is making it so difficult/expensive that the individual inventor who doesn't already have business funding capital is pretty much out of luck. :(

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    5. Re:No, What's A Shame Is by johansalk · · Score: 4, Interesting

      I have experience relevant to what you said since a few years ago I was in your situation, the lone inventor. Please allow me to tell you what I think about it.

      First of all, if you thought the situation now is difficult, then just imagine what it would be like had the "barriers to entry" been, let's assume for a second, eliminated. What you'd then have is every "bright" kid and his "my-kid-is-bright" mom filing a patent; then really talk about patents that are too many and too broad. Now don't anyone tell me that's a good thing and creativity will spring up from it, nonsense. Even when you're someone with considerable postgrad expertise and have a creative routine you'd be amazed at how way too often it seems that every "original" thing you come up with had already been discussed and dissected at length in some volume somewhere in far more detail than you'd imagined, sometimes even tens of years ago. We're not in the stone age, prior art is vast now and any considerable invention these days requires a considerable expertise. Barriers to entry should be prohibitive enough to weed out the nonsense.

      Second, if you thought filing a patent was costly, then I'll assume you've never tried to bring anything to market. The costs of patenting something pale in comparison to bringing a new thing to market. Now don't anyone tell me that having a patent will enable you to bring it to market, I'll say you've never been there. The truth is that even with a patent it is very difficult. Established companies have their set ways and own interests, they're fighting to survive against their competitors and can't be distracted by yet-another-invention from yet-another-weirdo, and even if you eventually persuade them that it's a good thing they're more likely to fight against you than for you. Also, most capital is very conservative and shies from anything untested in the marketplace. Useful does not always mean profitable. Answer me this, why should you be given exclusive rights to something that you can't bring to the people?

      Then again, let's go back to basics. What was the intention of the patent law? It wasn't so someone from his bedroom can stalk the people over his "inventions", nor that more people invent more. The original intention of the patent law was so that those with immense trade expertise accumulated and kept in secret (ie, big business) would share that expertise with the people. The patent law wasn't intended so that some guy in his pajamas would tell us how something is done, it was intended so that experts from a big business would have an incentive to write a few documents describing how something is done and share them with the people. Had there been no patents then big business would still continue to invent, only that they'd do it in secret.

      If you're going to have patents, then patenting needs to be prohibitive enough, otherwise you shouldn't have any patents at all.

      There's a saying in filmmaking; if you can't persuade someone to finance your film, you shouldn't be making it. I think it applies here too.

  3. Millions for defence but not one penny to a patent by Jerry · · Score: 2, Interesting

    or something like that.

    As much as I dislike Microsoft I am glad they told those patent lizards to take a hike.

    --

    Running with Linux for over 20 years!

  4. I hope this one is over with soon... by Dr.Dubious+DDQ · · Score: 5, Funny

    This whole case makes me feel violated. Not only is it a patent-troll case, but it's one that makes me side with Microsoft on something. I feel so unclean...

  5. You don't say by supra · · Score: 2, Interesting

    > Eolas Chief Operating Officer Mark Swords called on the software maker to purchase a patent license instead of worsening the browsing experience.
    Gee, who would've guessed they're interesting in selling a patent license...

    Hopefully MS' actions here will put a damper on all those ludicrous patents and their holders to collect.
    I hope Eolas spent a bundle on litigation and gets nothing in return. That'll teach them.

    --
    On a computer or under a hood.
  6. Confused? Yes, I am. by misfit13b · · Score: 2, Interesting
    This text parses horribly.

    "Some guy's suit forced MS to make changes of their own choosing which will cause web developers to change their architecture which are a dissapointment, yet strengthen MS's case."

    What changes are the dissapointment? What the hell are you talking about? How about a link or two, or using a word other than "change"?

    Yeah, I know. -1, Offtopic

  7. Is this a bad thing? by hudson007 · · Score: 4, Insightful

    Is making ActiveX harder to use a bad thing? "By Microsoft's own admission, IE users will only be able to interact with Microsoft ActiveX controls loaded in certain Web pages after manually activating their user interfaces by clicking on it or using the Tab and Enter keys."

    1. Re:Is this a bad thing? by hal9000(jr) · · Score: 4, Insightful

      Is making ActiveX harder to use a bad thing?

      Yeah, it is. Forcing users to manually approve every control just reinforces the reactive "Click OK" mentality that enables other bad shit to happen.

  8. Asks why change? by nolife · · Score: 4, Insightful

    What I read...
    Why would they change? They should just pay us and our layers instead. If they don't pay, we may actually have to take a risk and develop something based on our patent or we will go broke. So yes America, and all that is reading our press release, Microsoft is bad, not us. Repeat that 10 times to as many people as you know and it will eventually become the truth.

    --
    Bad boys rape our young girls but Violet gives willingly.
  9. Interesting comments, so far. by DaveM753 · · Score: 2, Insightful

    I'm seeing a lot of these comments side with Microsoft here, stating that Eolas is patent trolling. But, if Linux were to really take off, don't you think Microsoft would start filing a bunch of infringement lawsuits against Linux (or other F-OSS), in the same way Eolas did to Microsoft?

    1. Re:Interesting comments, so far. by Sneftel · · Score: 4, Insightful

      Probably, and then the same people here would in that instance not side with Microsoft. None of the comments here are "Microsoft is in the right here, and therefore we must agree with everything they do forever". It IS possible to support a position rather than an entity.

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    2. Re:Interesting comments, so far. by Anonymous Coward · · Score: 2, Insightful

      It isn't ironic. Microsoft has never used patents aggressively. They prefer to manipulate the market through bundling, discounts, and inertia.

  10. Fools by YrWrstNtmr · · Score: 4, Insightful

    There is no court order forcing Microsoft to do anything. Anything that is being done is of Microsoft's own choosing,'

    You sued them, and apparently won, resulting in two paths of action for Microsoft. Stop the infringing activity, or pay you to be allowed to continue.

    They indeed made a choice. Too bad it wasn't the one you wanted.

  11. Re:Not forced... by whitehatlurker · · Score: 3, Informative

    That should be: "Eolas is probably sad that MicroSoft hasn't bought them outright"

    --
    .. paranoid crackpot leftover from the days of Amiga.
  12. Re:Confused? Yes, I am. by hal9000(jr) · · Score: 2, Informative

    You can find the changes Activating ActiveX Controls.

    Seems like some simple work arounds for newly developed applications. Hate to retrofit all the existing stuff out there.

  13. the end of activex? by radical_dementia · · Score: 5, Interesting

    I think perhaps one reason they are avoiding buying a patent license is because they are planning on doing away with activex. I've already heard the xmlhttprequest used for Ajax will be built in to IE7 and not as an activex control. Its possible other things like Flash and Acrobat will do the same.

    1. Re:the end of activex? by I'm+Don+Giovanni · · Score: 3, Informative

      Even if IE still used netscape's plugin architecture, it wouldn't matter. Any plug-in architecture that handles EMBED, OBJECT, or APPLET tags by loading the appropriate plugin when necessary is subject to the patent.

      --
      -- "I never gave these stories much credence." - HAL 9000
  14. PR Stunt by moochfish · · Score: 2, Informative

    Sounds like a PR stunt trying to make MS look bad for going around their patent instead of paying royalties. He already got 500 million; he's upset he's not getting even more.

    At least this will keep the other browsers safer from further litigation down the road. If MS had bent over backwards and paid, every other browser that ever gained any market share would have been next in line to pay retroactive royalties. Now that MS just changed the rules of the HTML world (as usual), it's not crazy to think other browser vendors won't be ready to follow just to avoid having to pay the costly lesson that MS had to pay.

  15. Don't Cheer for MS by algae · · Score: 4, Insightful

    It seems like by taking this action, Microsoft is actually *reenforcing* the validity of software patents. Yes, bully to them for refusing to pay licensing, but by dropping the disputed technology, Microsoft is tacitly admitting that the patent is valid.

    Of course that makes total sense, giving the MS is patenting software techniques left and right, and has reserved the right to sue Free Software distributors over it. If they can get e.g. RedHat to devote person-hours to removing patented algorithms from their distribution, then that's time and money that they're essentially forcing RedHat to throw out the window.

    --
    Causation can cause correlation
    1. Re:Don't Cheer for MS by jfengel · · Score: 2, Insightful

      The Supreme Court pretty much said it for them. All Microsoft is doing at this point is living with the reality that the court handed them. They don't like it, but there aren't any legal recourses left.

    2. Re:Don't Cheer for MS by Angst+Badger · · Score: 2, Insightful

      but by dropping the disputed technology, Microsoft is tacitly admitting that the patent is valid.

      I don't see that. If Microsoft is admitting anything, it's that the courts decided against them and now they have to abide by the law. While that is unusual for Microsoft, it's not really something you can complain about. The patent is valid because the courts decided it is. You can argue that the patent laws are stupid, or that the presiding judge was a dunderhead, and though I will be the last to contradict you, that's just how the legal system works.

      To be fair to the companies that are actually producing something, I don't think any of them are thrilled with the unintended consequences of the patent system as it is applied to software, and they are becoming less thrilled with each new suit from patent farms like Eolas. However, they have effectively painted themselves into a corner, so don't expect the system to change until it becomes so onerous for ordinary consumers that there's political consensus to change the law. I think that day will come, but I wouldn't hold my breath.

      --
      Proud member of the Weirdo-American community.
  16. This far, and no farther. by bigtallmofo · · Score: 2, Insightful

    If every patent victim were to utter those words to the person or corporation attempting to shake them down, the incentive to perpetrate such frauds would be gone.

    The problem is that corporations like Microsoft typically have a short-term mentality that tells them, "If we litigate, it will cost X. If we pay them off, it will cost Y." They then pay off the con artists if X > Y. Unfortunately this doesn't take into consideration the fact that this rewards bad behavior and leads to the paying of infinite more Ys in the future.

    I applaud Microsoft's decision and I hope Eolas goes down in flames.

    --
    I'm a big tall mofo.
  17. Worsening the user experience? by Andy+Dodd · · Score: 2, Insightful

    These changes sound a lot like a variant of Flashblock to me.

    Yeah, that's right, these changes that "worsen the user experience" are almost identical to the functionality of a rather popular Firefox extension.

    I consider requiring user input to run ActiveX controls to be a Good Thing. Thank you Eolas for finally forcing MS to make drive-by malware autoinstallation more difficult.

    --
    retrorocket.o not found, launch anyway?
  18. Re:Patent scum by Anonymous Coward · · Score: 2, Insightful

    What a coincidence! I'm dissapointed there aren't more Flash developers dying in horrible gardening accidents.

  19. Not only Microsoft by ray-auch · · Score: 4, Insightful

    It isn't just the microsoft fee.

    Since IE is (unfortunately) the defacto standard browser, others (if they infringe at all) will follow the lead, and Microsoft will take all the pain of getting web developers to change to cope with the changes.

    The Eolas guy is annoyed because MS routed around his toll bridge, and now everyone else will see the way to go round too, and all his future revenues just evaporated.

    1. Re:Not only Microsoft by errxn · · Score: 4, Insightful

      ...others (if they infringe at all) will follow the lead...

      The only problem with this is that Eolas has freely admitted that they are not going to go after any other browser, only IE. As Mozilla, et. al gain popularity and market share, the possibility exists that we'll have a further fracturing of an already splintered HTML/Javascript implementation across browsers.

      One question I have is whether Microsoft has any sort of case against Eolas for discriminatory behavior or extortion, since Eolas has admittedly singled them out. Obviously, IANAL.

      Then again, there's always the wishful thinking that Eolas will realize that they're never gonna get a penny out of their predatory patent, give up, and release it to the public domain. Yeah, wishful thinking.

      --
      In Soviet Russia, Chuck Norris will still kick your ass.
    2. Re:Not only Microsoft by Bill+Dog · · Score: 2, Informative

      The only problem with this is that Eolas has freely admitted that they are not going to go after any other browser, only IE.

      Unless they've delivered to all other browser makers legal documents forfeiting the right to sue them for infringing this patent, that promise means nothing. IANAL but I doubt this could even be done in a legally valid way unless some consideration was involved.

      --
      Attention zealots and haters: 00100 00100
    3. Re:Not only Microsoft by OnlineAlias · · Score: 2, Insightful

      I have just been dealing with the ramifications "fix" for several thousand users.

      I BLOWS ME AWAY that Microsoft gets hammered on a stupid patent and then who has to pay? Not Microsoft, not Eolas, but ME! How can they justify taking features away that we bought fully funtioning a long time ago? They have also buried this patch in a Cumulative Internet Explorer Security Update, which to me, amounts to puting a "rider" on a bill that you know won't pass on its own.

      Microsoft's smug spin on it is even more infuriating, their tech docs mention "we will give you time to test this patch out, then after your code is fixed..blah blah". WHAT? My code was fine until you broke it...arrrg...

    4. Re:Not only Microsoft by ozmanjusri · · Score: 2, Funny
      Why are you mad at Microsoft instead of the bozo's suing for infringement of the stupid patent?

      • Eolas bozos are bad.
        • Get mad at Eolas bozos is good

      • Software patents are bad
        • Get mad at Software patents is good

      • Microsoft are bad.
        • Get mad at Microsoft is good

      • Microsoft customer/victims are good.
        • Get mad at customer/victims is bad

      You good now?
      --
      "I've got more toys than Teruhisa Kitahara."
  20. Looking for a clue by LodCrappo · · Score: 3, Interesting

    I have read 5 articles on this whole thing now. I still am not sure exactly what it is that Eolas has patented... the ability to run activeX without clicking an extra button? or something about havign external applications of any kind able to process content inside the browser window? Can anyone explain?

    Also, I found this quote from Eolas:

    "We released our browser back in 1995 to the world free for non-commercial use, so that should be an indicator to people that the open-source community shouldn't have anything to fear from us. "

    Does Firefox/mozilla use any of the disputed technology? I would guess not if it's only ActiveX we're dealing with, but I'm not sure.. quicktime and realplayer were mentioned in one article. Any then I wonder, if Eolas really won't go after open source projects that use their tech, then could Firefox be outfitted to do exactly what IE will no longer be able too, and so then save people the trouble of redesigning all these sites?

    --
    -Lod
  21. Microsoft is being smart by ObligatoryUserName · · Score: 3, Insightful

    The Slashdot crowd continues to underestimate Microsoft and misunderstand the market. The reaction to all of this is proof of that.

    Quick question: what's more important ease of use or openess of code? (Watch people talk about how you can have both and how their pet project will bring this about.)

    Simply put, the web is the biggest threat to Microsoft and they're continuing to neutralize it. This is the same type of smart move they made when they stopped shipping Java because "they were forced to". Consistent ubiquitous client-side technologies that aren't controlled by Microsoft are dangerous to them. This move is all about neutralizing Flash by stacking on some FUD.

    "We don't need Flash!", I hear you all scream "We have Ajax!" --- think about it, what's the difference between Flash and a browser? Microsoft controls the browser. (And it's very very unlikely that that will change as long as Windows is the dominant OS.) They're going to continue to make enchancements and include bugs in their browser that will make it less productive to do cross-browser development and then provide tools and features for Windows only use that will sidetrack people doing standards based development.

    The web development community is falling into the same trap that Microsoft used to win the first browser war.

  22. Not Such a Big Deal by MightyMait · · Score: 3, Informative

    Well, having had a quick look at the MSDN article linked to from the eWeek article, it doesn't look like such a big deal.

    If the object is instantiated by in-line code, it will still respond to scripting commands but will not respond to user commands until they click somewhere in particular. If an external "JScript" file (does it hurt that much to say "Java", M$?!?!), is used to instantiate the object, there is no change in the way the page will behave.

    So, we can make minor changes to all our ActiveX control-embedding pages to keep them behaving the way they do now, or not. The world will not end.

    --
    Nothing interesting to say...MUST...NOT...REPLY...ohtheheckwithit.
    1. Re:Not Such a Big Deal by AeroIllini · · Score: 2, Informative

      does it hurt that much to say "Java", M$?!?!

      Someone needs a history lesson.

      JavaScript, originally named Mocha and then LiveScript, was developed in 1995 by Netscape, and debuted in version 2.0. It was named JavaScript to coincide with Netscape's added Java support, even though the languages are not that similar.

      JScript was added by Microsoft to Internet Explorer 3.0 in 1996, in response to Netscape's JavaScript. JScript originally used the Active Scripting engine, also known as ActiveX.

      ECMAScript is the current, formal standardization (ECMA-262) of both JavaScript and JScript into a single unified language. Currently, both JavaScript and JScript are considered extensions of ECMAScript, since they are fully compliant with extra functionality. It is possible (and recommended) that all client-side J(ava)Scripting be written as fully compliant ECMAScript, as it will then be compatible with all browsers.

      To this day, all Gecko-based browsers support JavaScript, and IE supports JScript (it is also available as part of .NET). Both are ECMAScript compatible, as are all the various versions used by other browsers.

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    2. Re:Not Such a Big Deal by mermonkey · · Score: 2, Informative

      Exactly...
      This is really less of an interuption to the user-experience than people are thinking. I too panicked when i started reading this stuff yesterday. I have a widely deployed intranet web app with multiple supported versions and streams out there and was afraid i'd be shipping tons of emergency patches. I installed the "upgrade" and the change to the experience is subtle and intuitive enough not to be disruptive in most cases. Basically just a little tooltip shows up when you hover over embedded content (no alert, no popup, no ok button...). One click enables it. This means that for certain controls, an extra click is required... As it turned out in my case, all of my embedded stuff is already scripted so there is actually no behavior change triggered.

      Tip: if you enable script debugging in IE, you'll see the new behavior regardles of whether or not the embedding is scripted... go figure.

      Can anyone be bothered to explain to me why eola's patent is infringed if a browser enables an embedded in html, but not if i embed using js onLoad?? what da!
      s.

  23. Re:Patent scum by I'm+Don+Giovanni · · Score: 2, Informative

    You realize you can recode your sites to use JavaScript load the Flash objects from an external file, right, and thus avoid the "having to click a button" issue?
    http://msdn.microsoft.com/library/?url=/workshop/a uthor/dhtml/overview/activating_activex.asp

    So this is a payday for you. Your clients will pay you to recode the sites; and the recoding is pretty trivial, so it's almost like getting money for free. :-)

    --
    -- "I never gave these stories much credence." - HAL 9000
  24. Of *course* it's a shame, for Eolas by Xeger · · Score: 4, Interesting

    Consider Microsoft's alternatives:

    (1) Continue to infringe on Eolas' patent. Eventually Eolas will sue again, causing MSFT to pay more damages.

    (2) Buy a license from Eolas.

    (3) Change IE so it no longer infringes. Pay Eolas nothing.

    You see, #1 and #2 would make Eolas money. #3 makes Eolas no money. In this light, could we expect Eolas' executives to say anything else about Microsoft's decision? Apparently, they're not happy with $520 million -- and their attitude to Microsoft's decision to work around the patent tells us all we need to know about Eolas' motivations.

    This is a shakedown for money, pure and simple. It's yet another abuse of the patent system. They'll take MSFT for as much as they can, and anything MSFT does to stop loss, Eolas will regard as "unfortunate."

    I'm not a big fan of Microsoft -- but if a thief steals from an tyrant, that doesn't make the thief's transgression any less severe or more permissible.

    1. Re:Of *course* it's a shame, for Eolas by nuzak · · Score: 2, Insightful

      I'm not a big fan of Microsoft -- but if a thief steals from an tyrant, that doesn't make the thief's transgression any less severe or more permissible.

      Actually, as an act of aggression against the tyrant, it has some Robin-Hood like nobility, even if it's not given to the poor. No, this is a common brigand that simply shakes down anyone with a shilling only because the ones without aren't worth the effort.

      --
      Done with slashdot, done with nerds, getting a life.
  25. More lawsuits on the way! by RedOregon · · Score: 2, Insightful

    Visit the puke's web site. They've trademarked the words "Invented Here".

    (and no, I'm not going to link to it; it's obvious and it will prevent them from blocking referrals from Slashot)

    --
    Skivvy Niner? Email me!
    HEY! Look left just ONE MORE TIME!
  26. what did they release? by acroyear · · Score: 2, Insightful

    a version of the original open-source Mosaic with their embedded media plugin code. granted, that was before the term "Open Source" became vogue. Prior to that it was simply "well, is it GPL'ed or just BSD or MIT'ed?".

    it got little attention outside the browser development world (Netscape 1.0 was out by then, and stealing the whole show), but it was demoed to Netscape and Sun in the lead-up to Java embedding in Netscape 2.0, so it is prior art to Java in the browser (and thus, flash, shockwave, and the whole ActiveX concept, much less Mozilla's plug-in architecture).

    --
    "But remember, most lynch mobs aren't this nice." (H.Simpson)
    -- Joe
    1. Re:what did they release? by GooberToo · · Score: 2, Insightful

      but it was demoed to Netscape and Sun in the lead-up to Java embedding in Netscape 2.0, so it is prior art to Java in the browser (and thus, flash, shockwave, and the whole ActiveX concept, much less Mozilla's plug-in architecture).

      Which is complete BS. There is prior art, but it did not originate from them! A plugin is nothing but a shared library or a DLL which implements a specifc API set. For them to have pior art means computers didn't exist until after they release their browser...which creates a chicken and egg situation; whereby, how could they of developed this if computers and the entire world of software developmnet didn't exist? Hell, ask ay X user how long they've been able to place an window inside a window...that's how a lot of older desktop environments worked. The people that validated this patent need to be taken out to a field and shot as they are too stupid to breath the same aid as the rest of us...in my opinion...

      These guys are complete scum bags...in my opinion! So, please, stop with the implications, in any way, shape, or form, that they have prior art because them most certainly DO NOT. The only thing once can walk away from this experience is, the courts are badly, badly broken. Heck...look at the SCO case....it's STILL going on. Our courts systems are completely fucked up...possibly beyond repair! Our patent system is even more screwed up than our general legal system.

    2. Re:what did they release? by acroyear · · Score: 2, Insightful

      Prior art is relative. i agree with you that its wrong for them to have gotten this patent, but it shows the flaws of the patent system.

      throughout the 90s, anybody who transfered a non-web app to the web got "the patent" on it. anybody who applied an existing pattern to a browser got "the patent". anybody who took an existing webapp, say "shopping for records on the web" (remember, someone got that patent too even though i'd been buying online through cduniverse's telnet interface since 1990) and used the same technology to create "shopping for pizzas on the web" got the patent (yes i'm exaggerating the examples, but its the kind of thing that happened).

      the patent sucks and never should have been granted, the PTO sucks, the jerks who actually attack people with such patents suck, they all suck.

      but the question was what was the specific patent for (embedding an app in a web browser) for which nobody knew anybody was doing it until eolas presented their example to Netsacpe and Sun in 1994. i answered the question factually. it doesn't matter that i think they're full of shit because the question didn't ask my opinion.

      i once wrote how, after Bezos survived that helicopter crash, that he should get the pilot to patent helicopter crash survival in amazon's name so that anytime anybody survived a helicopter crash, they would owe Bezos money.

      --
      "But remember, most lynch mobs aren't this nice." (H.Simpson)
      -- Joe
  27. Licensing by colinrichardday · · Score: 2, Insightful

    Would the license fees have been charged on a per copy basis? If so, how could Microsoft let people download IE for free (as in beer)?

  28. Re:It's Not the Innovation That's Being Stifled by KDR_11k · · Score: 2, Insightful

    Depends on what you're talking about. Cookies were invented to hold user information, reading that user information instead of asking for it again in order to sell something shouldn't be considered non-obvious in any way. Perhaps the only reason it's not obvious is because everyone else would add a confirmation before a sales contreact is established to prevent accidental orders.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  29. Eolas Deserves NOTHING by Nom+du+Keyboard · · Score: 2, Interesting
    Eolas deserves nothing in this case. Why? Because they never produced any successful product implementing it.

    Love it or hate it, IE is the currently most used browser. And this is one of the significant features of it. Since Eolas has no competing product, why do they deserve a penny? They can't show any damages. They can't show that they sold their idea to someone else who Microsoft ran out of business. All they can do is say we'll prevent the Internet from being a more convenient place unless we're paid lots of money.

    I'm sorry that Eolas is sad that Microsoft is going to byte the bullet and dodge their patent. Wrong! I'm actually not sorry at all!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  30. Mod Parent Up by QRDeNameland · · Score: 2, Insightful

    Exactly my thoughts...if Amazon didn't invent cookies nor the mouse click, and we can presume the obviousness of the fact that 1 click to purchase is more desirable than multiple clicks, why should everyone else be forced to make their purchase process more complicated just because Amazon was able to get to the USPTO first? If someone borrows something from Amazon's particular implementation of the 1 click purchase, it is fair for a patent to protect them, but to patent 1 click is akin to patenting the idea of of a doorknob that only requires one hand and forcing all other doorknob makers to make knobs which require both hands to operate.

    --
    Momentarily, the need for the construction of new light will no longer exist.
  31. This is not a bad thing? by Frosty+Piss · · Score: 2, Insightful
    It's not a big deal. Minor nuisance at best. Pretty much everything continues to work, however.

    Why isn't this made clear in any of the stories on this? It would certainly reduce the amount of hyperventilating.

    --
    If you want news from today, you have to come back tomorrow.
  32. Re:Useful for firefox? by PietjeJantje · · Score: 2, Funny
    I just filed a patent on the invention of "Clicking to activate and use a control".

    $500,000,000 has my name all written over it :) :) :)

  33. I have to post anonymously... by Anonymous Coward · · Score: 3, Interesting

    ...but it is a very real problem. As soon as the company I work for started doing good business, we showed up on the radar of a whole pile of patent trolling companies. One company had a patent on storing customer subscription information in a "computer file". And we had to cough up the money. Currently we're under attack from another company that has a patent on notifying postal carriers to pick up packages "using a computer".

    Patenting these "inventions" did not in any way help society. We came up with them ourselves without even a moment of thought. So did everyone else who does business today. And these patent troll companies just go around and extort money from anyone who becomes financially successful. They do it because the letter of the law supports them in doing so.

    As an example of how ridiculous it is -- the threats we get aren't even because they know we're violating a patent. They just send a letter saying basically "you are using computers to do business, so we're pretty sure you're violating one of our patents. Cough up x dollars or prove you're not violating through a very expensive legal process". As long as they price the settlement less than the likely cost of the legal process, a business will usually have to pay up in the interest of their shareholders.

    On the consumer side you may not see it as stifling innovation, because companies don't shut down, they pay up and move on. And they usually can't talk about it afterwards. But a real loss of time and money has taken place that would have otherwise gone to many better things... innovation, lower prices, better wages. This patent crap makes most companies less efficient, in the interest of a very few companies that don't even offer anything in the marketspace they hold their patents in. It's just bad, bad, bad.