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Eolas To Sue Apple, Google, and 21 Others

vinodis and several other readers sent along the news that Eolas is suing 23 companies including Apple and Google for patent infringement. The company won $585M from Microsoft in a drawn-out, 9-year battle that the companies settled in 2007; in the course of it the USPTO upheld the "906" patent several times. Now, Eolas is also in possession of a newly-issued patent that they claim covers the use of any browser plugin with AJAX. Let's see how far this lawsuit gets before the Supreme Court plays its wildcard in the Bilski case, which we have been discussing for a while now.

44 of 252 comments (clear)

  1. Can someone please explain? by dingen · · Score: 3, Insightful

    What the hell does this mean?

    a newly issued patent that they claim covers the use of any browser plugin with AJAX

    What do plugins and AJAX have to do with each other? Are they saying you can't build a browser that supports AJAX? I don't understand what the patent is for.

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    Pretty good is actually pretty bad.
    1. Re:Can someone please explain? by Man+On+Pink+Corner · · Score: 5, Funny

      It means that, once again, the USPTO's employee drug-testing policy has failed us all.

  2. And then by El+Lobo · · Score: 3, Insightful
    ...people still scream in joy in this place whenever MS gets sued by some patent troll.... without knowing that this only leads to:

    1- Other will be sued if they succeed.

    2- MS, Abble and others will get more and more defensive patents..

    So here we go...

    --
    It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
    1. Re:And then by amicusNYCL · · Score: 3, Funny

      Dude, seriously? "Abble?"

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    2. Re:And then by tsm_sf · · Score: 4, Funny

      Lay off him, man. Would you make fun of someone with a speech impediment? A typing impediment is much worse.

      --
      Literalism isn't a form of humor, it's you being irritating.
  3. technology judges by Anonymous Coward · · Score: 3, Interesting

    There needs to be special judges just for technology cases. The existing judges are completely out of their realm when it comes to technology patent judgements. I hate that some 80 year old judge who has never used a computer in his/her life has any kind of say-so technology patents. These judges can probably barely grasp how to turn a computer on let alone make a ruling on anything that has to do with them.

  4. !eulas by snl2587 · · Score: 4, Funny

    For a second I read that as "EULAs To Sue Apple, Google, and 21 Others"...oh, the irony.

  5. Everybody's thinking it, I'm just saying it by SilverHatHacker · · Score: 3, Insightful

    I think we've hit the breaking point for software patents. The i4i suit was the first real big patent case I can remember (disclaimer, I have a short memory), especially due to the number of people affected - not just users, but retailers like Dell (according to them). This one ought to make everyone say "enough is enough".

    [/fingers_crossed]

    --
    Funny may not give karma, but +5 Informative never made anyone snort coffee out their nose.
    1. Re:Everybody's thinking it, I'm just saying it by Anonymous Coward · · Score: 2, Informative

      The i4i case was MS being naughty. They contracted a job to them, but used the product in a way not allowed. They weren't patent trolls.

    2. Re:Everybody's thinking it, I'm just saying it by MrMista_B · · Score: 3, Informative

      Yeah, 'cept with the i4i case, they actually /did/ have a patient, and Microsoft actually /did/ break the law and steal their code after working with them. They weren't actually patent trolls, though Microsoft did a great job painting them that way.

  6. Fuck Eolas by maharb · · Score: 3, Insightful

    This is the type of scum of the earth shit that ruins productivity, innovation, and increases costs for every other consumer. Everyone wants to throw CEO's in jail yet these douche bags don't do ANYTHING productive for society. At least CEO's try and make their companies profitable(by providing services to consumers), even if it is just to cash in stock options.

    Talk about the ultimate drain on society being upheld by the government... we need to vote against the judges and politicians that allow this to happen under their watch. GET OUT AND VOTE AGAINST THIS!! It will lower the cost of doing business and consequently the cost of goods and services. It will make these lawyers get out of the legal system for frivolous shit and back to doing something productive for society.

    1. Re:Fuck Eolas by MightyMartian · · Score: 5, Insightful

      No, they are the bad guy. The laws suck, and the guys using the laws to hold the software world hostage to moronic demands are bad guys.

      What I'm finally waiting for is the other shoe to drop and guys like Microsoft to finally admit that software patents are just plain bad. The industry is becoming increasingly hostile to new development.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Fuck Eolas by _Sprocket_ · · Score: 5, Insightful

      Eolas is not the bad guy here, they're just doing what is legally possible. You can't condemn a company for following the law, just because it seems wrong.

      Morality is not defined by law.

    3. Re:Fuck Eolas by maharb · · Score: 3, Interesting

      Heard of ethics? Usually ethics is subjective but this case... not so much. You are not required to file suits against companies... so it was a conscious decision in pursuit of money. They are trying to defend a patent that is about the equal of patenting 'land' and saying anyone that uses 'land' is violating their patent. Clearly this patent is bullshit and clearly trying to defend a patent that you know is bullshit it unethical and possibly illegal depending on the degree of Eolas "knowing" the patent is bullshit (which they obviously do).

      I am sorry your moral compass is so fucked you can't seem to see the issues here. You can't rely on the government to do everything for you... there and many things in the world that are not illegal but are quite harmful to society. Just because it is 'legal' to file this suit doesn't mean it is right. And there is still question to the legality under this clause:

      "In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense."

      If the patent is blatantly illegitimate and is easy to prove it should be invalid then the lawyers are actually breaking the law.

    4. Re:Fuck Eolas by knarf · · Score: 5, Insightful

      Eolas is not the bad guy here, they're just doing what is legally possible. You can't condemn a company for following the law, just because it seems wrong.

      Slave owners were not the bad guys, they were just doing what was legally possible...

      ...

      --
      --frank[at]unternet.org
    5. Re:Fuck Eolas by sofar · · Score: 5, Interesting

      Microsoft did admit it. In an internal memo Bill Gates wrote in 1991:

      "If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today."

    6. Re:Fuck Eolas by jfengel · · Score: 2, Insightful

      Morality is not defined by law.

      Nope. But you can generally assume that if something is legal, and profitable, somebody will do it. That's why you have to fix the law. If your only argument is "But it's immoral!", sooner or later you'll find somebody who says, "So what?"

      Today, that's Eolas. And yeah, it makes them bad guys. But you can't fix the problem by removing the bad guys; other equally bad guys will pop up. You have to fix the law so that it's no longer profitable to break it.

    7. Re:Fuck Eolas by CorporateSuit · · Score: 2, Insightful

      Eolas is not the bad guy here, they're just doing what is legally possible. You can't condemn a company for following the law, just because it seems wrong.

      The problem obviously is the patent law. I have no idea if the US is willing to change that, but if they do, it will be the end of shit like Eolas is pulling right now as well.

      Law corrupters are worse than law breakers. It's their slimey, vile ilk that cause tax law to be unreadable, because "12% of your income" is too difficult a concept for them to be honest about. They ignore the part about "Congress shall have power ... to promote the progress of science and useful arts" and move directly to "securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" -- which this tripe didn't actually invent, they just thought it up!

      They are technological stumbling blocks and stiflers, looking to make a buck, not promote progress, off of the patent system. They should go to jail for extortion and theft of +$500m and so should the judge that awarded it, for conspiracy. A judge should look at the patent case, say "Your argument does not promote the progress of science and useful arts, therefore, by nature of my office and the oath I've sworn an oath to agree with the constitution, so therefore, I cannot allow this bullsh*t to stain an American courtroom" and throw the case out.

      --
      I am the richest astronaut ever to win the superbowl.
    8. Re:Fuck Eolas by icebraining · · Score: 2, Insightful

      Why should we decide? I blame he law *and* Eolas.

    9. Re:Fuck Eolas by element-o.p. · · Score: 4, Insightful

      That is a load of crap.

      If there is a loophole in a law that allows my hypothetical company to dump toxic waste into the municipal water supply -- but it saves my company money -- then I would ABSOLUTELY be to blame for taking a legal action that was clearly harmful to my community. Whether or not the law is broken, I have a moral imperative to act ethically. Certainly there are grey areas, where what you do might not be particularly nice, but isn't actively harmful (for example, your average political ad) but when you begin abusing the law for profit, you've stepped out of the grey and into the black.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    10. Re:Fuck Eolas by Anonymous Coward · · Score: 2, Informative

      There is a really long .mp3 file around of Bill talking to a college class. Somewhere in the middle of that he explains how *he* designed the memory model of the PC and that the 640k limit he thought would be enough for the foreseeable future.

    11. Re:Fuck Eolas by Nerdfest · · Score: 2, Funny

      "But officer, I was going for funny, not accurate. Yes, sir, I understand .. here's my geek card"

  7. Re:Where's the patent? by rsborg · · Score: 4, Informative

    Can someone link this this "985 patent"? I can't find it linked in any article on this subject. Why do major media never link to anything?

    Uh, looks like they did link it at the end, you just have to RTFA:

    US Patent 7,599,985 for a "Distributed hypermedia method and system for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document"

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  8. Hit Squad by sycodon · · Score: 4, Funny

    For much less than 500 million, you can probably get a very discreet and effective hit squad to take out the entire management of Eolas and the attorneys too.

    They would probably do the attorneys for free.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    1. Re:Hit Squad by greg1104 · · Score: 4, Funny

      Wiping out a patent troll only after they've extorted money from Microsoft: priceless

    2. Re:Hit Squad by Linker3000 · · Score: 5, Funny

      I'm sorry, but that infringes on my patent #401005666 "A method for eliminating third party organisations or persons engaged in activities likely to affect the capital value of a business"

      --
      AT&ROFLMAO
  9. Honest question. by Jaysyn · · Score: 4, Insightful

    If you are able to sue 23 corporations that are also competitors for infringing on your patent, doesn't that pretty much mean it's an obvious, non-unique patent & should be thrown out?

    --
    There is a war going on for your mind.
  10. Re:Do not feed trolls! by Bazman · · Score: 3, Funny

    Rule 34 on the judges? No thanks.

  11. I used to work for patent lawyers by Weaselmancer · · Score: 5, Funny

    Yup, it's true. I did IT work for a group of them back when I was in college. I was "team one", and they had some other guys who were "team two". We helped them in shifts.

    One day I got a phone call.

    It was one of the lawyers. He couldn't log on. "The box under my computer is missing."

    Ah, I think. Those wily rascals in Team 2 snagged his UPS or his power strip and didn't replace it. No biggie. I'll buy a power strip and scoot on over.

    I look under his desk.

    His PC is missing.

    The cords to his monitor, mouse, and keyboard were dangling in space and he sat there typing away wondering why he couldn't "log on".

    I apologize for the nightmares, heebie-jeebies, and general loss of sleep you'll have from my story. Yes folks, these are the people in charge of our livelihood.

    We're screwed.

    --
    Weaselmancer
    rediculous.
    1. Re:I used to work for patent lawyers by Ecuador · · Score: 3, Funny

      We had some patent lawyers working for us. They were charging $600/h (with impressive and detailed invoices e.g. "Reading your MM/DD email: 15m") for their lawyer's time, and $200/h for their assistants/paralegals/i don't know how non-associate types who do the chores are called. Anyway, while the former where ridiculously expensive per hour, it was the $200/h guys that were even more annoying, as they were charging several hours for simple tasks. The most vivid example:
      My boss sends them a 100 page document in pdf that they needed to sign on the last page and return via email fast, to make a deadline that was about 2 h away. The 2h were almost up and there still was no email. So, my boss calls them and it went like this:

      -Sorry, but the document was too many pages so it took us a lot of time to scan it, we are now finishing up...
      -But... um... I sent you a pdf document, you already had a file...
      -Well, we had to sign it so we had to print it and scan it, duh
      -But... um... you only needed to scan the last page and replace the last page of the pdf, why the whole document???
      -(with genuine interest) Reeeaaally? You can do that? We definitely have to look into that! Anyway, just a few pages left now, we'll email soon - don't worry.

      There you go, $400 to sign a document.

      --
      Violence is the last refuge of the incompetent. Polar Scope Align for iOS
    2. Re:I used to work for patent lawyers by Orion+Blastar · · Score: 2, Interesting

      I worked for a law firm, that is common place.

      Lawyers who are creme of the crop and win a lot of tough cases, cannot figure out simple stuff about computers.

      I was once told that my program didn't work because the mouse wouldn't click on a button, only to learn the lawyer was using the right button instead of the left button. I nicely told the lawyer to try the left button and he got upset at me and claimed the fault was with my program, not him. Then after calling me a lot of bad names and saying stuff like "Trained monkeys could do a better job than the entire IT department." he tried the left button and it worked.

      I also got help desk requests from lawyers and administrative assistants to add in features to my programs that where already there. They didn't know how to access them, so I wrote an email containing an HOWTO to the Help Desk to forward to them, and they got upset at me and asked me to add in the features anyway. We had a training department that is supposed to teach them the features, we had a user manual about the features, we had the help menu about the features, but still they kept requesting the same features that the software already had, but they didn't know how to access them.

      I suppose they are good at their jobs, but not computer literate enough to matter. Then again, I am no lawyer and I wouldn't do well in a court of law representing a client as they obviously would.

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    3. Re:I used to work for patent lawyers by Weaselmancer · · Score: 3, Interesting

      Easy friend, we're more alike than different. Decade of IT here too, also an EE.

      I know we all have limitations. But sometimes your limitations don't match well to a particular career. There's a good reason there is an eye exam to be a pilot. Likewise, if you're making tech decisions for people...well, you know what I'm getting at.

      I'm not as bitter as I sound. Mostly I find this sort of stuff amusing. Like life is a gigantic Dilbert comic.

      Really it's all a testament to how well human society is designed. We can have idiots for doctors, lawyers, supervisors, pilots, patent clerks, and even the occasional president and somehow it's all still there in the morning.

      --
      Weaselmancer
      rediculous.
  12. Re:Where's the patent? by Korin43 · · Score: 2

    I just read that and it sounds like a patent for Javascript..

  13. Ug by copponex · · Score: 2, Informative

    No, Eolas is a shit head. He just happens to live in a society where shit heads who are wealthy through immoral work are tolerated. I can and do absolutely condemn companies who violate the spirit but not the letter of laws for material gain. Patent laws do need to be changed, but so does our attitude towards companies that operate entirely in the grey area of legal loopholes.

    Your moral reasoning in this situation is no different from the assholes who market overpriced pens to senior citizens, or con poor people out of their land with loans they don't understand. Just because something is technically legal doesn't make it right. And defending asswipes like Eolas and Skilling makes you part of the problem, not of the solution.

    And you'll quickly see a problem developing for patent law. There need to be new laws established, because the speed at which technology has developed has made nearly all legal thought on the subject obsolete.

    Certainly an inventor ought to be allowed a right to the benefit of his invention for some certain time. It is equally certain it ought not to be perpetual; for to embarrass society with monopolies for every utensil existing, and in all the details of life, would be more injurious to them than had the supposed inventors never existed; because the natural understanding of its members would have suggested the same things or others as good. How long the term should be is the difficult question. Our legislators have copied the English estimate of the term, perhaps without sufficiently considering how much longer, in a country so much more sparsely settled, it takes for an invention to become known and used to an extent profitable to the inventor. Nobody wishes more than I do that ingenuity should receive a liberal encouragement." --Thomas Jefferson

  14. Buy the company by Rangataua · · Score: 2, Insightful

    I wonder how much it would cost to simply buy 51% of Eolas? If the shares are publicly traded, with 23 companies being sued it might even be possible for them to buy a small share parcel each without too much notice.

  15. Re:Where's the patent? by Zocalo · · Score: 5, Interesting

    Is that all? Excellent! In that case I think that I can cite an example of prior art.

    I worked on a system called "MUCH", short for "Many Users Creating Hypermedia", at the University of Liverpool in England back in 1989-1992. Running on UNIX and built in-house by postgraduate students under the guidance of Professor Roy Rada using C and the Andrew Toolkit", the project itself was inspired by Ted Nelson's "Project Xanadu". Mention of the project is also made in Prof. Rada's C.V. at his current employer, The University of Maryland, Baltimore County.

    Fairly obviously, given the name, MUCH allowed multiple users to collaboratively create SGML based hypermedia documents via an integrated version control mechanism similar to that employed by Wikipedia. These documents, while mostly textual (it was the early 1990's!) besides having the ability to contain both graphical and audio content, could also contain any number of embedded external applets written using the Andrew Toolkit. Some of the proof of concept applications developed while I was there (work continued after I left) included animated clocks, calendars, calculators and other widgets, many of which were interactive.

    --
    UNIX? They're not even circumcised! Savages!
  16. Re:Where's the patent? by CorporateSuit · · Score: 2

    I just read that and it sounds like a patent for Javascript..

    or HTML

    --
    I am the richest astronaut ever to win the superbowl.
  17. Re:How about Visual Studio by BlackSnake112 · · Score: 3, Funny

    I'm just assuming that the developers who use MS products, would get some type of protection... Isn't that what MS has always said.

    Like keyboard and mouse condoms? Or does a full body condom arrive in the mail with every visual studio purchase?

  18. Re:How about Visual Studio by peragrin · · Score: 4, Interesting

    That's only because MSFT already lost massively. this is one of those things that slashdot was divided over. a court loss for MSFT or feeding yet another patent troll.

    --
    i thought once I was found, but it was only a dream.
  19. Silver is expensive by TiggertheMad · · Score: 5, Funny

    They would probably do the attorneys for free.

    This is a common misconception. Actually they charge extra, because of all the hawthorn bullets and garlic they have to use.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  20. Re:HTML... not SGML by mysidia · · Score: 2, Insightful

    So if Youtube rewrites their site in XML, instead of HTML, they won't be infringing?

  21. Who's next? by mysidia · · Score: 3, Insightful

    Citrix for presentation server & published apps? VMware for their PCOIP? Wyse? X.org?

    It seems like in 7,599,985, they've successfully patented thin-client, VDI, and any remote application control/access/interactive media viewing from an embedded web app....

    The invention allows a program to execute on a remote server or other computers to calculate the viewing transformations and send frame data to the client computer thus providing the user of the client computer with interactive features and allowing the user to have access to greater computing power than may be available at the user's client computer.

    .. Other existing approaches to embedding interactive program objects in documents include the Object Linking and Embedding (OLE) facility in Microsoft Windows, by Microsoft Corp., and OpenDoc, by Apple Computer, Inc. At least one shortcoming of these approaches is that neither is capable of allowing a user to access embedded interactive program objects in distributed hypermedia documents over networks.

  22. Re:You don't even know what patents are for by RonBurk · · Score: 3, Insightful

    Now anybody can see what you did and how. Patents are as much a learning tool as they are an economic engine.

    That's the sentence where you stuck your foot in it. How many hundreds of thousands of programmers on the planet? OK, now how many programmers search the patent database for ideas they can buy before coding? 100,000? 1,000? Can you name me even 10? Where is the Eclipse plug-in for searching the patent database for relevant algorithms? Where is the panoply of web startups offering an online search tool that locates the patented algorithms that will help you get your next project done faster if you license them?

    When it comes to software, patents have had half their faces blown off. They no longer function at all as a learning tool, or even as an economic engine for a hard-working programmer/inventor to profit from their non-obvious invention/algorithm. With much of their original, intended functionality rendered useless, patents (most especially in the realm of software) have long since passed the point where they offer society more costs than benefits. They are almost entirely the tool of large companies, lawyers, and those who sell services to inventors gullible enough to believe we still live in an age where patents work the way you describe.

  23. "Fucked up" by fadir · · Score: 2, Insightful

    That's all that comes to my mind when I hear the words patent and U.S. in the same sentence. And that doesn't only apply to the IT.
    The whole patent system should be put where it belongs: into the dustbin