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Microsoft Internet Explorer Patents The Internet

Microsoft Plans IE Changes Due to Plugin Patent 803

aWalrus writes "Microsoft has outlined some of the strategies they may pursue for modifying the way Internet Explorer handles plugins (annoying the user may circumvent the patent) if they lose their legal battle against Eolas Technologies (which claims they invented the seamless procedure for running plugins). There has already been a previous ruling against MS which they continue to appeal. This is likely to have repercussions in the Open Source Community too. If MS is found to be infringing the patent, that ruling could be extended to other browsers like Opera and Mozilla. Usability expert Jeffrey Zeldman provides an in-depth commentary on this issue and its implications."
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Microsoft Plans IE Changes Due to Plugin Patent

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  • Opera is OSS (Score:5, Insightful)

    by Anonymous Coward on Friday September 12, 2003 @01:11PM (#6943948)
    correct me if i'm wrong, but opera isn't open source. The phrasing of that posting sure implied that it was.
    • Re:Opera is OSS (Score:4, Insightful)

      by greymond ( 539980 ) on Friday September 12, 2003 @01:15PM (#6943993) Homepage Journal
      Not at all....

      This is likely to have repercussions in the Open Source Community too. [STOP] If MS is found to be infringing the patent, that ruling could be extended to other browsers like Opera and Mozilla.

      2 sentences 2 different trains of thought.
    • Re:Opera is OSS (Score:5, Insightful)

      by aWalrus ( 239802 ) <sergio&overcaffeinated,net> on Friday September 12, 2003 @01:17PM (#6944023) Homepage Journal
      You're not wrong. I didn't intend the phrasing to imply that Opera is Open Source, just mentioned it as one of the possibly affected browsers. Actually all graphic browsers may be affected by this, since they all implement the allegedly infringing seamless execution of plugins behaviour.

      You can take a look at the patent here [164.195.100.11].
      • by Emmet ( 70481 ) on Friday September 12, 2003 @02:03PM (#6944557)
        The images accompanying the patent text are TIFF files. My browser informs me that I need a plugin in order to view them.

        In order to read the patent, I must violate it.
    • Re:Opera is OSS (Score:5, Insightful)

      by Baki ( 72515 ) on Friday September 12, 2003 @03:53PM (#6946254)
      Correct, but Opera is produced in Norway, where software patents such as these do not exist.

      Thus it won't have an effect on Opera.

      If it does, it proves to me the the US is acting as a dictator in the world: Others' laws are irrelevant in the US, but its laws are forced down the throats of the rest of the world.
  • by Anonymous Coward on Friday September 12, 2003 @01:13PM (#6943968)
    we hate MS, go Eolas!!!

    we hate patents, go MS!!!

    umm... *pop*
    • by Kethinov ( 636034 ) on Friday September 12, 2003 @01:25PM (#6944147) Homepage Journal
      Sarcasm aside, this is one court battle I hope Microsoft wins. Trying to patent an algorithm is like trying to patent "one click shopping."
    • Re:hater's dilemma! (Score:5, Interesting)

      by Hentai ( 165906 ) on Friday September 12, 2003 @01:33PM (#6944248) Homepage Journal

      Margaret: "Father, the man is bad."
      More: "There's no law against that."
      Roper: "There is a law against it. God's law."
      More: "Then God can arrest him."
      Roper: "Sophistication upon sophistication!"
      More: "No. Sheer simplicity. The law, Roper, the law. I know what's legal, but I don't always know what's right. And I'm sticking with what's legal."
      Roper: "Then you set man's law against God's?"
      More: "No. Far below. But let me draw your attention to a fact. I am not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of the law, there I am a forester. I doubt if there's a man alive who could follow me there, thank God."
      Alice: "While you talk, he is gone."
      More: "And go he should, if he was the Devil himself, until he broke the law."
      Roper: "So now you'd give the Devil the benefit of law!"
      More: "Yes. What would you do? Cut a great road through the law to get to the Devil?"
      Roper: "I'd cut down every law in England to do that!"
      More: "Oh? And when the last law was down, and the Devil turned round on you -- where would you hide, Roper, the laws all being flat. This country's planted thick with laws from coast to coast -- man's laws, not God's -- and if you cut them down -- and you're just the man to do it -- do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of the law, for my own safety's sake."

      • Yeow... I don't ever remember The Ropers [allyourtv.com] being that deep!
      • Re:hater's dilemma! (Score:5, Informative)

        by mjh ( 57755 ) <mark@ho[ ]lan.com ['rnc' in gap]> on Friday September 12, 2003 @02:38PM (#6944963) Homepage Journal
        Ironically, Roper is not a very good Christian when he says that he would tear down all man's law in order to get to the Devil. Christianity upholds man's authority to have been ultimately ordained by God, and therefore, a good Christian *must* follow man's authority.
        Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you. For he is God's servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also because of conscience. This is also why you pay taxes, for the authorities are God's servants, who give their full time to governing. - Romans 13:1-6 [biblegateway.com]

        When Roper says that he'd cut down every law in Englend, he's actually being disobedient to God's law. So while this particular quote from the play indicts the common misperception of Christianity, real Christianity supports the same behavior More upholds.

        NOTE: The above Bible passage is often misinterpreted to suggest that it empowers tyrants, etc. For example, some would say that the citizens of Nazi Germany were required, by the Bible, to support Nazi-ism. But that ignores a rather large, and obvious fact of life: Just because God ordains a person to a position, does not prevent that person from abusing their position or using their position improperly. God does not condone any authority that contradicts His own. So if you are trying to determine whether or not you should obey man's authority, the answer is yes, unless it contradicts God's laws as described in the Bible. If you're confused as to what those are, here's a good start. [biblegateway.com]

        $.02.

    • Final (Score:5, Funny)

      by mangu ( 126918 ) on Friday September 12, 2003 @02:05PM (#6944578)
      I hate MS: Go Eolas!

      I hate patents: Go MS!

      I hate flash: Go Eolas!
  • No flash...? (Score:4, Interesting)

    by Ro'que ( 153060 ) on Friday September 12, 2003 @01:13PM (#6943971)
    At first when I heard this, I wasn't too disappointed. That's what they get for stealing technology. But no Flash in IE? That affects...well...*does some mental math...carry the 1...*a lot of websites that I enjoy. If you can't seamlessly play Flash media in IE (or Mozilla or Opera, eventually), well that sucks. Who the hell are these Eolas guys and are they intentionally trying to send the Web's progress back about six years? For once, I think Microsoft has been wronged, mostly due to the implication that this will affect ALL web browsers.
    • Re:No flash...? (Score:5, Insightful)

      by DrSkwid ( 118965 ) on Friday September 12, 2003 @01:21PM (#6944086) Journal
      The death of flash would be the most wonderful day in web browsing history since it's inception.

      For some of us, those Flash sites are *already* inaccessible.

      • by Moofie ( 22272 )
        No Homestar Runner? That'd be dreadful.
        • Re:No flash...? (Score:4, Insightful)

          by S.Lemmon ( 147743 ) on Friday September 12, 2003 @02:09PM (#6944619) Homepage
          Actually pure flash pages like Homestar could get around it pretty easily. Most the animations a full page and the minimal HTML is only a wrapper. All they have to do is change the linking a bit so the .swf file is called directly and not embedded in HTML (it's only embedded plug-ins covered by the patent).

          Still, HR is the exception - most flash I'd be more than happy to see go bye-bye.
      • Re:No flash...? (Score:5, Insightful)

        by devphaeton ( 695736 ) on Friday September 12, 2003 @01:40PM (#6944329)
        The death of flash would be the most wonderful day in web browsing history since it's inception.

        Do i hear a HALLELUJIAH!?!? (even if i can't spell it).

        While we are at it, i'd love nothing more than to ban HTML, Flash and embedded animated or static images from email and newsgroup postings.

        The 160th person to send me 3 lines italicized, purple MS Comic Sans Font on a dark blue background, with 280kb of images IS NOT FUCKING CUTE ANYMORE!!!!!

        Gawd, people.

        Flash is for www.newgrounds.com
        • by TheNetAvenger ( 624455 ) on Friday September 12, 2003 @05:36PM (#6947795)
          The death of flash would be the most wonderful day in web browsing history since it's inception.

          Do i hear a HALLELUJIAH!?!? (even if i can't spell it).

          While we are at it, i'd love nothing more than to ban HTML, Flash and embedded animated or static images from email and newsgroup postings.

          The 160th person to send me 3 lines italicized, purple MS Comic Sans Font on a dark blue background, with 280kb of images IS NOT FUCKING CUTE ANYMORE!!!!!

          Gawd, people.


          *Warning - Satire intentional*

          And while we are at it, we should abandon HTML on the Web as well. Terminal Screens and black and white were good enough for us in 1990 and it should be good enough for everyone now.

          (Oh, scary new technology that makes things look pretty, me scared and don't understand.)

          Maybe it was those darn XWindows developers that wanted to offer GUIs over a network that started all this silliness back in the 80s. Text is just good enough for everyone.

          Damn those color loving, picture using liberals making the web look good and adding functionality. Maybe they are all terrorists and Commies anyway.

          Give me a break...
      • Re:No flash...? (Score:4, Informative)

        by thinkninja ( 606538 ) on Friday September 12, 2003 @01:43PM (#6944363) Homepage Journal
        I agree in part. The only thing I would miss if flash died would be some webcomics, but I'm sure their authors would just use gifs or pngs. At the moment this [texturizer.net] simple mozilla extension is the bane of flash advertising.
      • by pmz ( 462998 ) on Friday September 12, 2003 @01:44PM (#6944380) Homepage
        The death of flash would be the most wonderful day in web browsing history since it's inception.

        What do you mean? I think the most fun aspect of browsing the web is when a website brings a 450MHz CPU to its knees while it draws its hand-rolled menu system! It's even more fun when the menu system doesn't even work! Oh boy, this is the end of an era. :(

      • Re:flash (Score:4, Insightful)

        by abhisarda ( 638576 ) on Friday September 12, 2003 @01:45PM (#6944384) Journal
        For some it might be, but other people enjoy flash because it is versatile medium.
        where would candystand.com be without flash and shockwave? homestarrunner.com?
        If you don't use flash, you have animated gifs(not versatile) or movies.
        I enjoy flash content. Who cares if it is in the page? I have a decent connection.
        The only annoyance to me is popups and google is very effective at blocking those.
      • Re:No flash...? (Score:5, Insightful)

        by Anonvmous Coward ( 589068 ) on Friday September 12, 2003 @01:54PM (#6944476)
        "The death of flash would be the most wonderful day in web browsing history since it's inception."

        Go to http://www.ninjai.com [ninjai.com], watch the 7 chapters that are available, and then tell me again you think the death of Flash would be the most wonderful day in web browsing history.

        Flash isn't the problem, it's the gimmicky implementation of it. That doesn't mean it doesn't have some damn cool uses. Don't cure the disease by killing the man.
    • by CausticWindow ( 632215 ) on Friday September 12, 2003 @01:26PM (#6944174)

      And since it isn't a proprietary standard, they don't need to latch it on through a plugin.

      Everybody should take a look at SVG, it's really nice, and Mozilla already got some (basic) support.

    • Re:No flash...? (Score:5, Insightful)

      by SerpentMage ( 13390 ) on Friday September 12, 2003 @01:29PM (#6944198)
      Well here is the question I am asking...

      "How shives a git?" Seriously this patent only affects American users as the patent is only registered in the US. My take is screw the Americans, and let the rest of world use plugins as normal.

      MAYBE then the American law makers will see how truly dumb software patents truly are!
      • Re:No flash...? (Score:3, Insightful)

        by ramzak2k ( 596734 )
        which begs the question, is anyone ever going to update their internet explorers to criple the plugin functionality that exists today ? I think Not.
      • Re:No flash...? (Score:4, Insightful)

        by edwdig ( 47888 ) on Friday September 12, 2003 @02:12PM (#6944652)
        "How shives a git?" Seriously this patent only affects American users as the patent is only registered in the US. My take is screw the Americans, and let the rest of world use plugins as normal.

        Well, IE is developed in the US. The Mozilla Foundation is in the US. Safari is developed in the US. Konqueror gets significant development in the US (at the very least, due to Apple's contributions, if not others). That pretty much leaves Opera as the only significant browser that's in the clear. In the end, you're probably going to have to deal with the results of this lawsuit.
    • Re:No flash...? (Score:3, Interesting)

      by Locutus ( 9039 )
      not so fast. Have you seen anything about Eolas going after anybody else besides Microsoft? I could be wrong but I remember reading that Eolas is only going to go after Microsoft for this.

      I got the impression that for some reason, they just don't like Microsoft. If that were true, then all other browsers besided the one built into MS Windows, would have no problem with Flash, Java applets, etc. Even Mozilla/Netscape on MS Windows would be fine. It would just mean MS Internet Explorer couldn't do plugins.

      N
      • Re:No flash...? (Score:5, Informative)

        by DavidNWelton ( 142216 ) on Friday September 12, 2003 @01:55PM (#6944485) Homepage
        The article you are thinking of is here:

        [pbs.org]
        http://www.pbs.org/cringely/pulpit/pulpit2002110 7. html

        It's well worth a read, as it becomes apparent that maybe Eolas doesn't want to stop *everybody* from using the technology, or squeeze cash out of them.

        In terms of Open Source involvement, Mike Doyle is actually a respected member of the Tcl comunity.

    • by jc42 ( 318812 ) on Friday September 12, 2003 @02:17PM (#6944716) Homepage Journal
      Now, don't get me wrong; I don't think there's anything wrong with a browser downloading Flash, or data in any other format.

      What I find really annoying is that current browsers insist that they are going to handle a list of file formats themselves, in their own window, and you can't do anything about it.

      If they were forced to give me the option of saying to handle MIME type foo/bar in a separate app, that would be a huge improvement.

      For example, on my cute new Powerbook, I've found that I can't feed things like Flash or XML to an independent app. The browsers (IE, mozilla, Safari) insist that they will handle those themselves, with their standard plugin. It doesn't matter whether I have an app of my own to handle them; my attempts to add the handler to the list are rebuffed.

      The XML case is especially annoying. I'me testing some XML apps, and I'd really like to use some of them as plugins. I've asked a couple of times in the usual mozilla fora, and the answer seems to be "Tough luck; we're smarter than you, and we know how to handle XML, so we won't let you do it." Right. Their XML handler chokes on the slightest syntax error, fails to show any of the text, and thus gives a big middle finger to any poor schmuck trying to debug his XML generator.

      Similarly, when I download MP3s or MIDI files to mozilla on my Powerbook, it insists on feeding them to the embedded Quicktime, and ignores my attempts to use a separate handler. The Quicktime plugin has only a dumb slider for backspacing, plus start/stop buttons. You can't do anything with the data at all. Again, I asked in a couple of newsgroups, and was told in no uncertain terms that I'm too stupid to know how to do such things, and I should just leave it to my betters.

      It's interesting that on my linux box, MP3 and MIDI can be handed off by mozilla to a separate app. This lets me do lots of interesting stuff with those formats. But with mozilla on my Powerbook, the same thing doesn't work.

      If "seamless" plugins are eliminated, maybe we can get browsers that are friendly to not-so-dumb users. It would be really useful (especially for XML and MIDI) if we could point to a separate app to handle all files of any specific type.

      Actually, I suspect that the ability to do this might be buried in the current browsers. But it doesn't do me much good if I can't learn how to use it. And note that, with mozilla, Preferences -> Navigator -> Helper Applications doesn't allow one to override the builtin handling of some types (such as XML). Some types are handled by builtin plugins, and if they don't do what you need, tough.

  • SW Patents (Score:4, Funny)

    by BigDumbAnimal ( 532071 ) on Friday September 12, 2003 @01:13PM (#6943972)
    Perhaps even MS will learn the evils of SW patents, and call for an end to Software patents. Perhaps Slashdot will go 24hrs with SCO story also.
    • by goombah99 ( 560566 ) on Friday September 12, 2003 @03:54PM (#6946271)
      Everyone seems to not be noticing that this action will probably play to microsofts interests. Of course MS would rather not pay 0.5 Billion dollars in penaties but now that they are they can tunr this to their advantage. here's how.

      1) it makes .NET the killer app. MS would love to see plug-ins die, especiall y if they die for other browsers too. What's left to step in its place then? basically two things, .NET and a chaos of non-standard solutions.

      2) MS would love to be able to go to the judge and say, look we had to integrate the broswer into the OS. there was no other way since it lost all its stand-alon functionality. .NET is part of our OS and the browser had to be integrated there's no other solutions due the breadth of the EOLAS patent.

      3) MS can appeal and maybe ret the 0.5 billion penalty reduced. and they can string along the usefulness of IE till 2005 when longhorn emerges. then pfft. MS will say EOLAS was totally right and has a solid case against us and all the other browsers. And here's our payment in full so you can fund your legal effort.

      4) Maybe MS will invest another 0.5 billion and buy the IP from EOLAS. its will have been tested in court and they could shutdown all the other browsers that didn't use .NET and other fee based licesced extensions for MS.

      we're hosed.
  • Why not just pay? (Score:5, Interesting)

    by eaddict ( 148006 ) on Friday September 12, 2003 @01:13PM (#6943973)
    Why not pay the $521 mil and keep the browser going? If MS can pay it and the competitors cannot then they will become the platform of choice due to functionality.
    • I beilive the $521 Mil is the court ruling (i.e. damage and punitave costs). They would still have to licence the patent for any ongoing use above and beyond the $521. Assuming they lose all their appeals they're going to be paying that regardless of what they end up doing with IE.
    • Re:Why not just pay? (Score:5, Informative)

      by davebo ( 11873 ) on Friday September 12, 2003 @01:22PM (#6944103) Journal
      Ah - I think you missed the point.

      Microsoft has to pay $521 million for violations of the patent - they used the technology without getting a license first. It's a penalty. It does NOT give them a licence to use this patented technology.

      To KEEP using the technology - they'll have to get a licence from Eolas. That's a separate negotiation - and Eolas can name any figure they want - $1, $100 billion, or even "Nope, sorry - you can't use this technology Microsoft no matter how much money you throw at us."

      There's an interesting article by Cringley where he talks to the CEO I believe of Eolas. Check it out here [pbs.org]
      • by bigjocker ( 113512 ) * on Friday September 12, 2003 @02:02PM (#6944552) Homepage
        From the Cringely interview:

        "One possible scenario is that Eolas would have the power necessary to re-establish the browser-as-application-platform as a viable competitor to Windows. That would be an interesting outcome, wouldn't it? How much would that be worth? The Web-OS concept, where the browser is the interface to all interactive apps on the client side, was always a killer idea. It still is. It lost momentum not because it wasn't economically or technically feasible, but because MS made it unlikely for anybody but them to make money on the Web-client side. Therefore, nobody could justify the necessary investment to take a really-serious shot at it. It doesn't have to be that way, does it? Just think of how we could use this patent to re-invigorate and expand the competitive landscape in this recently-moribund industry. What if we could do what the DOJ couldn't, and in the process make Eolas and everybody else, possibly excluding MS, richer? Wouldn't Eolas stand to profit more in such a scenario than any kind of pre-trial settlement could provide? Wouldn't everybody else?"

        You can call it a fact that Eolas is really pissed at Microsoft, gives a shit about the money and the only thing they want is kill IE.
  • Patents.. (Score:5, Insightful)

    by autopr0n ( 534291 ) on Friday September 12, 2003 @01:13PM (#6943975) Homepage Journal
    The interesting thing about patents (and copyrights) is that you can enforce them selectively. Unlike trademarks, you can sue whoever you want whenever you want. Look at how Unisys didn't even mention their GIF patent until two years before it expired.

    So, anyone with $700 to blow might could think up some random tech just to prevent Microsoft from using it, if they wanted too. If Eolas doesn't need to go after mozilla or any other browser if they don't want to.

    (I'm also mentioning this because I keep seeing people post who believe you have to 'actively' enforce copyright and patent rights or lose them, and this annoys me.)
    • Re:Patents.. (Score:5, Interesting)

      by gbjbaanb ( 229885 ) on Friday September 12, 2003 @01:20PM (#6944077)
      absolutely true, and I have read that Eolas was more interested in going against MS, simply because they were MS (quotes like 'this should level the browser playing field against those evil monopolists').

      However, that's all rumour and/or speculation - even if Eolas *says* they won't go against Mozilla, who's to say they really won't. And Mozilla group won't have $500m to cough up if Eolas changed its mind sometime in the future, probably they'd get even more because they could then claim these browsers knew about the legal position, and ignored it.

      So, would you stake all your assets on that?

      No, so almost certainly, the alternative browser developers are going to have to cover themselves. This patent simply hurts everyone.

      (there is another version: MS in conjuntion with Macromedia, Adobe etc, creates an alternative to the plug-in which they incorporate into IE. The majority of the web sites start using it, leaving the alternative browsers even less ability to keep up.)
      • Re:Patents.. (Score:3, Interesting)

        by liquidsin ( 398151 )
        Couldn't Eolas offer to license it to Moz (et al) at a signifigantly reduced cost (say, maybe $0) in the same way that educational institutions can get cheaper software licenses because they don't have the funding? If all Eolas wanted to do was stick it to MS I'd think that would be the way to do it, although I don't know the legalities of it all.

      • Re:Patents.. (Score:5, Interesting)

        by *weasel ( 174362 ) on Friday September 12, 2003 @02:09PM (#6944621)
        exactly. no-one can just keep on keeping on and hope that Eolas doesn't blind side them whenever they feel.

        You have to develop the alternatives now - which means you're taking the hit just as much as microsoft.

        much harder actually, as microsoft has so many talented hands onboard - they can keep their time back to market smaller than anyone else. Opera would be a mess for much longer than IE.

        furthermore, can OSS even rely on Eolas -saying- they won't prosecute? It'd be like SCO successfully suing IBM for using their SMP code, and then saying 'don't worry guys, i won't come for you next'. are you going to trust SCO? so how could you trust Eolas?

        i mean, its not like microsoft's implimentation of plugins is what gave it the advantage. taking plugins away will not level the playing field. it will force Microsoft to angle for a proprietary seamless solution - that ultimately will be a huge loss for everyone.

        if IE can no longer have embedded movie trailers in its browser, or embedded shockwave files - then it simply creates an alternative. Some MS-proprietary data streaming service. if there is no hypertext involved - then it doesn't infringe on the patent. you can have plugins and seamless integration all you want if it isn't 'hypermedia'.

        which simply means - unless things change - expect to see a beefed up version of Media Player and a proprietary content network to support it.

        this is a terrible loss for open standards.
  • by wowbagger ( 69688 ) on Friday September 12, 2003 @01:14PM (#6943977) Homepage Journal
    It might actually be nice, to force Web AdminDUHstrators to not rely upon plugins for everything. It might be nice to actually see web sites using HTML for a change. It might be nice to browse without having to see Flash ads screaming at me to BUY BUY NOW YOU BASTARD!

    • "It might actually be nice, to force Web AdminDUHstrators to not rely upon plugins for everything."

      I bet I'm not the only artist who despises comments like these.
  • by Kedisar ( 705040 ) on Friday September 12, 2003 @01:14PM (#6943985) Journal
    There hasn't been one of these since, like, '99?!

    WHOA!
  • by Malcontent ( 40834 ) on Friday September 12, 2003 @01:15PM (#6943995)
    Why is MS acting like it's going to lose this lawsuit. It has never done that before. All the times it's been sued (too many to count at this point) it has always put up a public face of invincibilty and constant press releases about how the suit is groundless and how it is positive it's going to win.

    Maybe this suit is so strong they know they are going to lose or maybe they want to lose so they have an excuse to make IE even more closed then it already is.

    Maybe they will just abandon standards altogether with the next version of IE and blame it on the lawsuit.

    We may be about to witness a complete bifurcation of the internet soon.
    • MS already lost the lawsuit. A judgment of $521 million was made, and an injunction granted.

      However, this is all stayed upon the appeal. Victory in the appeal is unlikely.

      I think you hit the nail on the head when you say

      maybe they will just abandon standards altogether with the next version of IE and blame it on the lawsuit.
  • When will it end?! (Score:5, Insightful)

    by dacarr ( 562277 ) on Friday September 12, 2003 @01:15PM (#6944003) Homepage Journal
    While schadenfreude against Microsoft is slightly less fun than that against SCO right now, let's remember that this is the kind of stuff that stops innovation. No matter who is suing who for whatever perceived infringement du jour, this abuse is going to fsck all of us over.
    • by kfg ( 145172 )
      As Eli Whitney noted when the cotton gin was put into production by copycats before he'd even finished demoing the prototype:

      "Some ideas are too valuable to be owned."

      He never filed another patent.

      Some ideas are too valuable to the community to be owned, but essentially worthless in terms of license sales. Eola's patent is one of these.

      They may get some money for violations of their patent rights, but then the money train parks in the engine house and stays there. Companies will simply work around the p
  • Not seamless? (Score:5, Interesting)

    by 3Suns ( 250606 ) on Friday September 12, 2003 @01:17PM (#6944021) Homepage
    Correct me if I'm wrong, but aren't plugin installations in Mozilla (and opera? no xp) not seamless? I thought this lawsuit applied only to seamless plugin installers that can isntall the plugin without asking for input. In my experience, mozilla always pops up a dialog box asking if you want to install it. That only makes sense, security-wise anyway.
    • Re:Not seamless? (Score:5, Informative)

      by gbjbaanb ( 229885 ) on Friday September 12, 2003 @01:25PM (#6944145)
      seamless every time you want to *use* it, not install it. The patent doesn't cover installation.

      So, you'll start to see a dialog box every time a flash/pdf/java applet wants to display itself. Before you think that is a good thing - think about every advert popping up a dialog box with just the OK button ... 'click OK to non-seamlessly display "herbal viagra for u" ? '

      • Re:Not seamless? (Score:3, Interesting)

        by Corgha ( 60478 )
        So, you'll start to see a dialog box every time a flash/pdf/java applet wants to display itself.

        For those of us without the plugin, this is what web browsing is already like. You'll get no sympathy here.

        In fact, I'd love nothing more than for everyone to be as annoyed by embedded plugins as I am, so that web sites are forced to stop using them.

        I've got nothing against helper applications that display a PDF or swf file or launch a java applet for you in another window after you click on a link, but this
  • Plugin patent uh ? (Score:3, Interesting)

    by Rosco P. Coltrane ( 209368 ) on Friday September 12, 2003 @01:17PM (#6944025)
    Eolas could become very rich, or be made to look very stupid in a jiffy since, at core, an operating system loading an application can be seen as a plugin-based system (i.e. separately loadable piece of code that extends the functionality of the base software). The only software that can't be seen as having the ability to load plugins is a monolithic application, for embedded devices for example, that have everything they need inside to run on a given platform.

    In short, I don't think it'd be too hard to prove prior art ...
  • by Aadain2001 ( 684036 ) on Friday September 12, 2003 @01:17PM (#6944027) Journal
    This is a perfect example of why software patents are bad. While I enjoy watching MS wiggle at the end of a hook just like everyone else here, this will definatly effect the Open Source community. A lot of the web's best features revolve around plugins in the web browser. A company like MS might be able to pay the little company enough money to let them keep doing business as usual, but how could the Mozilla team, or the Opera team? They could be forced to "downgrade" their programs, thus being less useful/relavent than IE. And if MS can't/won't pay them off, then everyone will suffer from the loss of plugins in web browsers. This is something that doesn't just affect the geek community. It will cause huge ripples through the corporate world and in the home user markets. All because people can get patents on software. I'm moving to Europe (if things go well over there that is).
  • What about Konq? (Score:4, Interesting)

    by nurb432 ( 527695 ) on Friday September 12, 2003 @01:17PM (#6944029) Homepage Journal
    It uses plugins for more then just crap on the web.. Which personally i wont miss.. what ever happend to just using standard HTML?

    But what about the other 'plugins' such as smb support.. etc..

    Considering its all 'intergrated'..
  • Riddle me this... (Score:4, Interesting)

    by Jerf ( 17166 ) on Friday September 12, 2003 @01:20PM (#6944071) Journal
    Yeah, patents suck [jerf.org] and all, but there's one thing I'm not understanding here.

    If Microsoft is forced to pay off Eolas, doesn't that mean they've paid for the patent? Does anyone seriously think that Eolas won't license the patent to Microsoft, or even be forced to by the judge? Why is the assumption that Microsoft will automatically be forced to remove the technology when they just paid half a billion dollars for it?

    I admit I'd like to see Microsoft forced to remove it to highlight the fact that patent criticisms like mine are grounded in solid reality and not abstract fantasy, but I just can't see that happening this time. Instead, Microsoft will probably just pony up, because unless they really realize this is going to keep happening, over and over again, they probably still think the patent system is still a net gain for them, allowing them to use the system like this against certain pesky start-ups that may refuse to be bought out.
    • "If Microsoft is forced to pay off Eolas, doesn't that mean they've paid for the patent?"

      No, that is just the penalty Microsoft has to pay for violating the patent. It does not give Microsoft future rights to use it.

      Someone has mentioned that Microsoft is not being its normal blustery self and claiming the patent is invalid, or that Microsoft will obviously win in the end. Microsoft's reasoning could simply be to infuse in the mind of the technology public the strong validity of the claim, and then buy
  • by Rayban ( 13436 ) on Friday September 12, 2003 @01:21PM (#6944089) Homepage
    What about this article in Cringely's pulpit?

    http://www.pbs.org/cringely/pulpit/pulpit2002110 7. html

    "It would sure be nice for someone to actually consider all of this
    from our point of view, rather than MS's," wrote Doyle in a recent
    message to me. "It amazes me that everyone just assumes that MS will be
    able to merely write a check and make the whole thing go away. What if
    someone went through the following, purely theoretical, of course ,
    logical analysis?"

    "Is there any practical settlement amount that is worth more to Eolas than a
    victory at trial? Considering the facts in the case and the magnitude of the
    stakes here, a highly likely outcome is that it will actually go to trial,
    and, once it does, that a jury will award us both damages and an injunction.
    Injunction is the key word here. That is what patent rights provide: the
    power to exclude. What if we were to just say no? Or, what if some other big
    player were to acquire or merge with us? What if only one best-of-breed
    browser could run embedded plug-ins, applets, ActiveX controls, or anything
    like them, and it wasn't IE? How competitive would the other browsers be
    without those capabilities? How would that change the current dynamics in
    the Industry?"

    Sounds like Doyle is not a Microsoft fan...
  • by mopslik ( 688435 ) on Friday September 12, 2003 @01:21PM (#6944093)

    From the article:

    One such option would move the data to the Web page itself, rather than pulling it from an external source. To answer complaints that such a method would weigh down pages with heavy data loads, Microsoft proposed shifting that data to a separate frame.

    How does this reduce page size? Now, instead of downloading 1 page of X bytes, I'm downloading 2 "pages" of (X - Y) and Y bytes. Fine and dandy, I don't have to dowlonad the frame in certain circumstances -- for instance, if I don't have Flash installed. But the article mentions this as a workaround to an "ungainly dialog box". Without prompting me if I want to load the frame or not, how do they plan to do this and remain free from any "automated interactive experience" that Eolas has supposedly patented?

    What horribly obvious thing am I missing?

  • This is bad (Score:5, Interesting)

    by ShieldW0lf ( 601553 ) on Friday September 12, 2003 @01:22PM (#6944110) Journal
    If this goes through, I could lose my job.

    The company I work for has flash and windows media all over the place, and sells a content management system, one of the key features of which is the management of these types of media.

    I don't think the company would survive such a change in this environment.

    Damn the USA.

  • by thomas.galvin ( 551471 ) <slashdot&thomas-galvin,com> on Friday September 12, 2003 @01:22PM (#6944112) Homepage
    "Don't depend on flash," I said.
    "Nonsense," from the web-site head.

    "Don't tie the site to flash," I chimed.
    "Hush, silly boy," they replied.

    "We tied our site to flash," I mope.
    "Go rewrite the site," they cry, crushing all my hope.

    So, who else sees an all-nighter coming up real quick-like?
  • by Junior J. Junior III ( 192702 ) on Friday September 12, 2003 @01:23PM (#6944121) Homepage
    In very simple terms... If I discover that I can get the answer "5" by instructing the computer to add 2+3, and I apply for a patent on a method for computing the number 5, someone who discovers a way to get to "5" by adding 1+4, or subtracting 4 from 7 should not be found to be infringing on my patent.

    That's exactly what Eolas is trying to do with this patent -- they've found an "answer" and patented a particular method at arriving at that solution. That shouldn't stop other people from developing alternate methods of arriving at this answer. I doubt very much that the code to implement this functionality is identical, so why does this patent have any sway over what other browser developers come up with for their particular solution?
  • by stratjakt ( 596332 ) on Friday September 12, 2003 @01:31PM (#6944222) Journal
    ...Eolas' seminal research in next-generation Web applications, ... has
    led to patents for the development of fundamental and revolutionary Web browser technologies, including the systems which currently provide plug-ins and applets to over 500 million users


    Firstly, I don't want "fundamental" browser technologies patented.

    Secondly, this is apparently applets too, not just plug ins. Seems to say that embedding that JAR file puts you on the wrong side of da law.

    Does their patent only cover "on the web"? Do plugins in winamp or the like meet the criteria too?

  • Retarded patent (Score:5, Insightful)

    by be-fan ( 61476 ) on Friday September 12, 2003 @01:34PM (#6944260)
    Another reason why software patents are a stupid idea. Running plugins transparently is obvious to anybody working on something like a browser. You've got a file, you've got its filetype, and you've got a registered list of plugins and the filetypes they support. What the fuck else would you do?!!
  • by fermion ( 181285 ) on Friday September 12, 2003 @01:42PM (#6944351) Homepage Journal
    I run Camino. One reason it gets such a low rating is because it does not automagically run embedded content such as quicktime, flash and PDF files. This is the primary reason I prefer it to many other browsers. The 'crippling' really had no negative effect on my life. For Quicktime and PDF, the content get retrieved, stored and a friendly button appears that allows me to stop the download, view the file, or open it in an application. The benefits are clear. I do not have bandwidth wasted with things I do not want, and I do not viruses automagically running and destroying my computer.

    As far as Flash is concerned I had take it off my computer. I just wasted too much time watching advertisements. If I had more control over what flash did on my machine, like I have with images, quicktime movies, and PDF, I would be more than happy reinstall and use the content. I think Flash is a good product. I just think it disrespects the computer user.

    I believe that solutions exists that will not only render the patent meaningless but will also make the web a safer more pleasant place for the general users. I believe it can be smilier to giving the users to stop popups, which sometime lead to inappropriate content or sequences of windows that took over the computer.

    Which is why MS is having such a problem with it. IE is a framework that, in part, allows content to pushed onto users whether they like it or not. It would be very hard to keep that functionality without technologies included in the patent. In other browsers, in which the user is respected with functionality that allows a more customized web experience, removal of the seamless technology will only be a nuisances.

    Which is why we need to take all MS statements with a large grain of salt. They have quite a bit to lose if the push philosophy is destroyed. They are not the only ones. Will the advertising houses use flash it users have a choice of it's viewing, or will the just use Quicktime. Will MS web products lose importance if IE does have the ability to force content? I think not.

  • by Sophrosyne ( 630428 ) on Friday September 12, 2003 @02:18PM (#6944730) Homepage
    It's almost obvious--- how do you maintain a total monopoly on the web without getting caught?
    Have some someone sue the only open aspect of your product.
    Who is this really affecting? Quicktime, Real Media, Macromedia, SUN (Java).... all of those things that Microsoft has hated all those years it can now shut-out and remove from IE and tell every Webmaster on Earth to conform to their new standard because of the lawsuit.
    Of course Microsoft will have the advantage because Real, SUN etc... will not have the changes made to the browser and will have to start development after the release (this is just speculation... but Microsoft will still have some advantage since they develop the product).
    Ultimately this whole lawsuit is furthering Microsoft's grasp on the WWW.
  • by Anonymous Coward on Friday September 12, 2003 @02:19PM (#6944742)
    This affects everything embeded in a web page that runs as a plugin, so get off your high-flash-hating-horse and get a clue.

    Besides, Flash does not suck. What does suck is using Flash inappropriately.
  • by TyrranzzX ( 617713 ) on Friday September 12, 2003 @02:36PM (#6944929) Journal
    Take a bit of time to understand this case; either Eolas wins and Microsoft gets screwed pretty heartily or Microsoft wins and Patents on software are weakened some way or another. They can't rule that this patent doesn't apply or else all patents don't apply. They can rule something like "the function is significantly different" or some BS like that, but then the goverment looses even more credibility and respect and it generates controversy.

    And those of you who thing the OSS community will loose out have another thing coming to you. Eolas is a patent creation company, they make inventions and lisence them out to other companies to be used. Read their "vision"

    To create and develop the inventions that allow information technologies to enhance the quality of life for everyone.

    OSS is for everyone, anything under GPL is for everyone. MS on the other hand is stifling this so they are going after MS, plus they can get some dough. I may be wrong, and they might be a company run by greedy bastards but if they were, they'd sue a smaller companys first and work their way up. It just doesn't make logical sense for them to be the bad guys.

    It's a win-win sitution for the people. Either software patents are weakened or MS gets hit upside the head with a sledge and their browsers are insuperior to the likes of mozilla. Besides, how many companies are going to recode their entire plugin so they'll work with IE? I'd find it cheaper to push the customer base onto mozilla short term and start new projects long term.
  • Mixed Reactions (Score:4, Insightful)

    by Aidtopia ( 667351 ) on Friday September 12, 2003 @02:47PM (#6945054) Homepage Journal

    A whole mess of reactions to this:

    • Seamless! Yeah right. For protection, I have IE prompt me before launching any ActiveX control (many of them, like Flash, hang almost every system I've ever owned). I don't mind the single prompt dialog. What drives me bonkers is the chatising second message that pops up when I say "no."
    • I see the anti-patent argument here, but deep down I'm a little gleeful. So many websites use these multimedia plugins gratuitously--flash over substance.
    • This Zeldman guy doesn't seem like much of a usability/accessibility guru if his web site refuses to let me enlarge the font to something legible, not to mention improve the contrast.
    • His comments were hardly "in-depth". I don't think he added anything the C|Net story didn't cover.
  • No sympathy (Score:4, Interesting)

    by IWannaBeAnAC ( 653701 ) on Friday September 12, 2003 @02:47PM (#6945060)
    As broken as the software patent system is, I find it hard to have much sympathy for Microsoft here. Bill Gates must know as well as any programmer (and I use the word 'programmer' in its loosest possible sense) that software patents are a flawed concept from the beginning, yet he deliberately set out to ride the system and push the patent boundaries well beyond resonable limits.

    They are stuck between a rock and a hard place now. It sounds like there is a viable business model out there of "patent something really obvious then sue Microsoft for patent violation". As the biggest fish out there they are clearly the most attractive target, given a sufficently 'strong' case. On the other hand, Microsoft's patent portfolio is its ultimate trump card and which they are presumably saving for the final defence, in the event that open source starts to seriously affect their viability. They can't suddenly start lobbying to remove patent protection without invalidating their own portfolio too.

    They brought it upon themselves.

    • Re:No sympathy (Score:3, Interesting)

      by thebatlab ( 468898 )
      "Bill Gates must know as well as any programmer (and I use the word 'programmer' in its loosest possible sense)"

      I know ol' Bill has gotten quite a bad rep around here but a bad programmer should not be one of them. He was programming computers back when there were no programming languages. Seriously. Like or hate his business ethics, the man is a truly gifted programmer. Any tidbit I have read about his actual programming skills has come up with nothing but aclaim even from people who hate the man.

      In
  • by gvc ( 167165 ) on Friday September 12, 2003 @03:06PM (#6945333)
    I have often wished I could uninstall plugins more easily. In 'doze I know of no good way to do it other than uninstalling the product (Flash, Acrobat, Quicktime, whatever ...). I have done this on more than one occasion.

    Adobe Acrobat is an example. IMO, the plugin version is far worse than the standalone version. You don't have proper access to all the controls, file management, printing, and full-screen mode. At least I don't know how to access them. I have the same problem with many of the media players.

    Flash is a bane. With Mozilla I can block image and pop-up ads but the Flash plugin is an open wound for infection with annoying ads. Flash is not alone - just the other the tell-tale cup-o-java appeared in an ad. Fortunately Java is so slow that I was able to ax it before it started.

    So for the most part I'll be happy to see the world revert back to launching stand-alone helper applications. I want to use my browser for browsing, not playing video games.
  • by reasonable observer ( 706739 ) on Friday September 12, 2003 @03:15PM (#6945536)
    Whether I personally dislike software patents, or whether you do, is largely immaterial. They are a fact of life in the business world today and, like taxes, we have to live with them, unfortunately.

    Most universities and large business sift through the fruits of their employees' work and look for intellectual property that can be patented and possibly licensed or traded like any other property of real value. It helps them cover their investment (capitalism, and all that stuff). Heck, I found out a couple of months ago that I am the holder of two patents that had been filed by an old, old employer. You can be a patent holder and not even know it. Most of us sign something when hired by a company assigning the company exclusive license to intellectual property developed there in the course of one's work.

    Having actually done some research on this Eolas patent and how it relates to the Microsoft judgement, I found out some interesting stuff that should be considered before we all condemn this in a knee-jerk response to the infringement this places on our freedom to develop software.

    A few guys were working at the University of California and developed a plugin technology with the old NSCA Mosaic browser that allowed a server to ship executable content down the line along with the HTML and then have the browser do things it couldn't do before. Routinely, a patent application was filed by their employer on this work. The guys who did the work thought that this was neat technology and worked a deal with the University that they could try to maybe get this technology out into the wider world, and so, as there was a patent filed on it already, they worked an exclusive licensing agreement with the University.

    So these guys form a company and start making calls on the big players in the Internet technology world at the time. They visit Microsoft, demonstrate this plug-in technology and the cool things that it would allow a browser to do, and received a big yawn and sent on their way with a "don't call us, we'll call you" sort of brush-off. They call on a number of other Silicon Valley companies, but these guys aren't businessmen, they're academics. They don't know how the commercial IP game is played. The end result is a lot of people in a lot of companies was this technology and took a pass on licensing it into their own products (which most probably would have been very, very cheap to do back then).

    Time passes. These same companies start enhancing browsers with their own plug-in technologies for executable content. No action is taken initially by these guys. Finally, Microsoft starts to dominate Netscape. Attempts are made to reopen discussions by these guys and are rebuffed. These guys start involving lawyers to try to get Microsoft's attention. These attempts are rebuffed too. Finally, they file suit against Microsoft for patent infringement. Many years pass as Microsoft makes motion after motion in hearing after hearing to have the suit dismissed and each time, fails. But they achieve one of their goals which is to delay the proceedings significantly. Meanwhile, the Internet bubble comes and goes. There are many products that now do this plug-in sort of thing. The idea becomes obvious because everyone sees it going on around them in other products. Finally, the patent infringment suit against Microsoft goes to trial. After many weeks of trial in which mountains of evidence are presented by Microsoft, twelve regular joes on the jury aren't convinced that there was (1) prior art or prior effort on Microsoft's part, (2) lack of knowledge by Microsoft about the invention or patent (2) or an invalid patent granted to the University of California.

    The Federal jury trial found for Eolas and against Microsoft on all counts. Apparently the evidence was so strong that jury deliberations took just one day. You can say what you want about jury trials, but having seen what judges have done, or not done, when the decision is theirs alone [when Microsoft was found gui

  • A few comments (Score:4, Insightful)

    by dwheeler ( 321049 ) on Friday September 12, 2003 @03:28PM (#6945794) Homepage Journal
    I took a brief look at the patent; it appears that it only applies if the content appears within the browser's own display (see particularly claim 1). Perhaps if you invoked the plug-in and displayed it OUTSIDE the browser display, that's avoid the patent. For some types, like most PDF documents, that would work well.

    But this is all amazingly silly. This is so obvious to a "practitioner of the art" that the patent office should have instantly rejected it. Displaying data where it's requested is a fundamental notion. And invoking a program based on its type is also a fundamental notion. COM and DCOM were developed specifically for this reason, for example: to enable in-line display and manipulation of data. They both precede this patent (COM certainly does) making them prior art.

    The patent wasn't even filed until October 17, 1994. But Java was publicly demonstrated on September 1992 (originally called Oak), and Safe-TCL came out in 1992 as well. It wouldn't surprise me if they also met this patent, and were prior art too.

    This is a junk patent that needs revoking.

  • by ggroth ( 237331 ) on Friday September 12, 2003 @03:36PM (#6945962)
    I first heard about this lawsuit back in '99-2000. After watching what Amazon was able to get away with vs. B&N, I knew the s**t would hit the fan sooner or later.

    MS has known about this for 3+ years, and didn't do much to stem the tide of something bad happening about this until now. All of the web developers complaining about how this will affect future development plans can thank MS for being so forthcoming these past years and warning them that something like this might happen. Instead they waited to spring the news that this might be bad for developers 3 years later, after the embedded stuff had a chance to further mature, and more people bought into the technology. I know, I know, they can't comment on pending litigation, but it sure seems to me like they left a lot of people high and dry.

We are each entitled to our own opinion, but no one is entitled to his own facts. -- Patrick Moynihan

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