RSSControversial Eolas Web Patent Upheld
By Ed Oswald and Nate Mook | Published September 29, 2005, 6:26 PM
The U.S. Patent and Trademark Office has upheld the University of California and Eolas Technology's claims to patents surrounding the mechanisms used to embed interactive programs in a Web browser. The decision strikes a blow to Microsoft's charges that the patent is invalid.
Eolas had sued Microsoft alleging the plug-in architecture in Internet Explorer infringed on its intellectual property. A federal court agreed, and awarded Eolas $521 million in damages. Initially, Microsoft said it would alter IE and how the browser implemented ActiveX as a result of the ruling.
Some of the software affected by the patent would include Macromedia Flash, QuickTime, RealOne Player, Acrobat Reader, Sun's Java Virtual Machine, and Windows Media Player among other applications that embed into Web pages.
But in the end Microsoft backed away from the switch, saying that changes could potentially break millions of web sites. The company even got support from unlikely allies like the Electronic Frontier Foundation, which supported Microsoft's claims that "prior art" invalidated the patent.
In June 2004, Microsoft filed a 174-page brief asking the U.S. Court of Appeals to overturn the ruling. In March, the appeal was granted, sending the case back to a lower court, where Microsoft plans to prove that Eolas did not invent the technology, and knowingly withheld information from the USPTO.
However, with this week's decision, it appears the USPTO will be offering no help to Microsoft.
The Redmond company still has some hope of success as the appeals court could invalidate the patent on legal grounds. In a statement, Microsoft said that it plans to see the case through to a "successful resolution."
So Eolas filed this patent in 1994. Now, when was Netscape Navigator 2.0 released? This was the first web browser that supported plugins (which are basically embedded interactive programs). The only difference between netscape compatible plugins and ActiveX controls are that ActiveX controls can automatically install, but you usually have to manually download and install plugins.
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|Unfortunately, right or wrong he had a patent and it held up in court.
Time to fix the browsers and move on.
This is why so many people are against software / internet patents.
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|Like trying to say he patient the plug-in. Bleh, sounds to me like another money hungry sucka'. Eolas already recieved $521 million in damages and now Microsoft wants him to burn or the very least make sure a good chunk of that 521 million is used in court fee's.
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|This is one of the sadest things ever. How can a Patent office agree to a patent claim with such a wide scope.
This is sad and pathetic. Im guessing the guy at the patent office has no clue what in the world he is doing.
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|Somebody already patented the wheel :-) http://edition.cnn.com/2...c/07/02/australia.wheel
The problem is that large and rich companies very often patent what already exists (not only in IT!) e.g. for a time the DNA of Icelanders did not belong to them but to an American company http://www.gene.ch/gente...8/May-Jul/msg00129.html (something like somebody could patent your legs or palms!!). Sometimes they consciously break the law, because the CEOs think that the companies ate one of "the untouchables". Fortunately not always.
I have to tell that I fully support the inititive http://www.nosoftwarepatents.com and some other European initiatives.
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|Ha...finally ! I knew there was hope...now I can safely claim my patent on how one ties ones shoe laces...
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|ROFL.
Yeah. My 'how to walk' patent should be coming through pretty soon too then. I'm gonna be soooooo rich.
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|The law goes mad again.
Someone sues for coffee being too hot and we all end up having to sign contracts before we can order a cup of coffee. Recorded announcements tell us to not run with scissors, grab the handrail, walk on the left;a bag of peanuts has (this is not a joke)a label on it saying 'may contain traces of nut'.
Now innovators may decide that it's just not worth it because there are sharks and patent-squatters around every corner.
Is this really what the law is for?
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|Nope. It's now simply a tool for businesses and government to make money. It has nothing to do, anymore, with logic, rights, or safety.
Capitalism has bought justice. The law no longer controls, but is controlled by the rich.
Every new DRM patent, every new RIAA lawsuit, every new law seems to erode our personal, god-given rights a little bit more than the last.
Heh...That Metallica song never seemed to ring quite so true...And Justice For All. Yeah, right.
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|Talk about hitting the nail on the head PhoenixPath.
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|I'll second that comment!
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|This stuff is getting daft.
Hey I inveted breathing now I am going to sue you all.
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|How wise, Eolas "invented" the possibility to embed interactive content into web browser. Well, well, not some concrete technology to accomplish that goal, but the idea in general (!)
And they sat quietly about 10 years or so, and then suddenly concluded that Microsoft seriously damaged their business and now ask half a billion dollars in return. Perfect way of doing business, isn't it?
Software patents are one of stupidest things in IT industry, especially in the form of "general idea" and not particular realization/implementation. It is like patenting the concept of murder in a crime novel.
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|Just FYI, they filed the patent in 1994 but weren't granted it until Nov of 1998. They then filed suit in 1999.
Whether or nor software patents are good or bad, what's interesting is that Eolas is going up against the company that probably holds the most software patents in the US.
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|IBM holds vastly more patents than Microsoft. The difference is IBM is now actively releasing their patents under public domain, bit-by-bit.
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|You have something of a point but this is a case of extreme bluring of the lines. I remember when Microsoft sued that Linux distro Lindows because of the obvious over-tones and intended play on words. But seriously, how many people use Lindows? Haha
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|That's a good question, but they seem to be making money so there must be a couple at least.
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|there should never be software patents
there should never be microsoft
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|What a well thought out and complete idea you got there UTAKER. How much thought went into those two lines? Like an entire 3 seconds?
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|I am no MSFT fanboy, but I think software patents are worse than MSFT, even though MSFT has to pay
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|it's not easy being the richest law breaker in the world
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|mm well ain't that snazzy? let's root for microsoft, really, not making a joke here.
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|This could be a huge step backward for the WWW.
Great...
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|Only for IE :)
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|Nope. If this lawsuit goes through all browsers that are US based (or that deal with our trade laws) will be affected. Eolas is essentially claiming the EMBED and OBJECT tag as theirs.
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|Update: All modern browsers use object models for plug-ins. Opera, Mozilla, IE. The big three anyway.
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