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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."

25 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...

  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 0xdeadbeef · · Score: 5, Funny

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

    3. 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. --
    4. 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. 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...

  4. 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.

  5. 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.
  6. 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.

  7. 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.
  8. 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
  9. 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.
  10. 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
  11. 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.
  12. 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
  13. 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.

  14. 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.
  15. 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.

  16. 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.