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story category Microsoft Loses With Eolas Patent Ruling
Patent office rules that patent is legit
(old news - 01:14PM Friday Sep 30 2005)
tags: legal · software
Patent number 5,838,906 is owned by the University of California, but licensed by tiny tech firm Eolas Technologies, and covers the use of external applications from within a browser. In 1999, both the school and company won $521 million after a federal court ruled that Microsoft's Internet Explorer infringed on the patent. Microsoft has been fighting the ruling in courts ever-since, trying to suggest the patent was in the public domain and therefore invalid. That battle was just made considerably more difficult: after reviewing the patent since 2003, the patent office has ruled that it is in fact valid.

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Forums » Microsoft Loses With Eolas Patent Ruling
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aelfwyne

join:2004-01-28
Beaumont, TX
·RoadRunner Cable

ridiculous

This is (has long been) getting ridiculous. Patents are supposed to protect ideas/inventions that are UNIQUE enough that they are not obvious. These kinds of things are OBVIOUS extensions of technology, and should not be covered by a patent. Just because the patent office is too chickenshot to turn down ANY kind of patent these days, doesn't mean the courts need to uphold their validity.

Someone needs to do some serious restructuring of US patent law.
IOddity

join:2005-06-06
Rio Dell, CA

Re: ridiculous

Hm, in 1999 my browser had just discovered images, programs being called from within the browser doesn't seem a very obvious extension of the technology at the time. Hell, I was just glad to find out that there was more than text to browsing.

Vchat20
Landing is the REAL challenge

join:2003-09-16
Warren, OH

Re: ridiculous

you are kinda late. IE4 and up afaik has had image support and my circa '98 computer was preloaded with IE5. and im sure that image support was availble in windows 95 cuz our old computers back in elementary had them and they were able to browse image-laiden web pages.

but thats besides the original point. just trying to correct you a bit.
--
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IOddity

join:2005-06-06
Rio Dell, CA

Re: ridiculous

Yeah, I was late getting my graphics, was using a unix system at my school. Pine was my email, Lynx was www.
b10010011
Whats a Posting tag?

join:2004-09-07
Bellingham, WA
Oh come on!
Netscape for Windows 3.1 had full graphics back in 1990!
IOddity

join:2005-06-06
Rio Dell, CA

Re: ridiculous

Windows 3.1 didn't even hit til around beginning of '92 if I recall correctly. What are you smokin?

baby_bear

@comcast.net

Re: ridiculous

He's GW'in (ie clueless).

Netscape Ver 1.0 Final didn't exist till Dec. of '94

cao1964

join:2000-08-09
Danville, PA

said by IOddity See Profile :

Windows 3.1 didn't even hit til around beginning of '92 if I recall correctly. What are you smokin?
I think that was 3.1 For workgroup, maybe it was 3.11 or something like that.
b10010011
Whats a Posting tag?

join:2004-09-07
Bellingham, WA
Windows 3.1 (originally codenamed Janus), released on March 18, 1992.

You are right, but by 93 there was full graphical web browsers for Windows 3.1.

What a long strange trip its been:D
BIGHUSKER

join:2002-01-20
Minneapolis, MN

said by IOddity See Profile :

Hm, in 1999 my browser had just discovered images
Were you surfing on lynx in 1999? Images have been around almost since the dawn of the web...they were definitely there when I was surfing away at 28.8 in 1996.

packetscan
Premium
join:2004-10-19
Bridgeport, CT
clubs:
Microsoft Trying to STEAL from the kids..

What's Next?
TonyB9

join:2005-05-20
Novato, CA
If MS loses, ALL browser manufacturers, both commercial and open-source, that use this technology will be liable...could get very messy.
noogoo

join:2005-06-27

Re: ridiculous

change their names from browsers to something else like viewers or programs. there were programs that ran programs before browsers, right? or you can call an operating system a browser that runs programs. what's the point of patenting the idea just for browsers? because it was done in other things not called browsers?
--
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haertig

join:2000-12-31
Broomfield, CO

Seems to me like this patent (as described here ... I haven't read it) is an obvious extension to the idea:
"I don't know how to fix my car myself, so I'll ask an outside mechanic to do it"
Whether you're talking about a car or a browser is silly. What kind of idiot would grant a patent on this obvious concept?

Rogue Wolf
Drank Your Milkshake- He Drank It Up

join:2003-08-12
Troy, NY
·RoadRunner Cable

Re: ridiculous

said by haertig See Profile :

What kind of idiot would grant a patent on this obvious concept?
»www.uspto.gov/


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pandora
Premium
join:2001-06-01
Outland
·Future Nine Corpor..
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Prodigy had text and image viewing in the early 90's using it's proprietary software. While not a browser as we have them today, it did permit embedded images as ads and as clickable icons. I believe some processing was done locally, but not as part of any open source or extensible language.

Further, older technology using Windows CMS had formatted controlled screens, which could display images (in color if you could afford it). While largely text based, it was possible to run the Xedit editor (which WAS text based) but to invoke REXX programs (which was an exec language, today it'd be considered a scripting language). Under VM, remote calls to foreign systems were possible with Xedit using IBM's REXX and a facility called IUCV, there were special ICCV messages which could be directly called linking external applications. I used and wrote such a system back in the late 80's, it permitted billing and auditing of applications as batch or interactive plus was used to communicate to schedule airline tickets, it interfaced to the old airline code system through a 3705 modified with X25 support and links to a custom device. I copyrighted and sold code to effect this to 3M back in 1985-7. RSCS had an exec language, and could make remote procedure calls. NCSS had a network which permitted it's database server to make calls across systems. Similarly the older (mid to late 70's) Wylbur and Orvyl systems permitted operation of scripts and very intelligent programs from edit environments. Orvyl was capable of running independent scripts, and could communicate job functions with ASP or HASP to remote systems (permitting a scripted invocation of a remote program, and retrieval of output at a remote host all by script).

Travalmation used the 3M code (and licensed it from me) in the early 90's, this permitted a user at a console controlled by a (believe it or not) Fortran program to invoke a retrieval program in another user which would then make X25 network requests for travel fares and search for the best fit, lowest cost fares obtained from remote systems using the SABRE system. A user would thus be presented a screen, and would invoke a foreign request processed first locally then remotely across an X25 network. Mapping and translation, plus culling and sorting (not to mention caching) or results was done on another remote application before returning results to the customers window.

Automatically invoking generically an application on a remote host was done by NCSS, D&B, American Can, and Perkin Elmer using various techniques under modified VM systems as early as the late 60's.
--
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homers

join:2002-02-05
Santa Clarita, CA

MS will lose

Microsoft will lose because they have the money to pay -- a liberal judge will not see any harm into the transfer of cash from big bad corporation to a university and small company. IF MS were a small or cash strapped company, this wouldn't be an issue.

a

@qwest.net

Re: MS will lose

microsoft will lose because of the fucking idiots not only at the patent office but also within our so-called justice system, being, need i say, computer illiterate!

BuriedCaesar
It's Not Polite To Stare.

join:2004-03-27
Richardson, TX
·AT&T U-Verse
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Re: MS will lose

Careful, now - you're talking about the same "system" that has shown MS a great deal of largesse in recent years, due to the same "problem". Which, I wonder, would you rather have - a judiciary that can see past all the smoke & mirrors, or not?

[yes, the original comment is pure flame bait from an unregistered lurker - but I just couldn't resist... consider me hooked and landed...]
--
That was preposterous! Utter Nonsense! Totally unsupportable drivel! You can't be serious!....Um, what did you say?

a

@qwest.net

Re: MS will lose

it's not the system, it's who uses the system & our present judiciary, lol...

redxii
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Does Eolas produce their own browser?

Didn't see any mention of it anywhere.

I find the patent invalid because it states "A system allowing a user of a browser program" and not "A system allowing a user of Eolas' browser program"...

I can't find anything on "open distributed hypermedia system" but "open" appears to say freely available and royalty free.
--
Microsoft Windows 2000/XP Security: Some Assembly Required.
BVT

join:2004-10-25
Mount Juliet, TN

Re: Does Eolas produce their own browser?

they do not need to produce a browser. only patent something that a browser will use.

redxii
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1 edit

Re: Does Eolas produce their own browser?

said by BVT See Profile :

they do not need to produce a browser.
Then I personally think the patent is worth nothing if they have nothing to show for it.

Hey that's catchy: Show nothing, get nothing.
--
Microsoft Windows 2000/XP Security: Some Assembly Required.
averagedude

join:2002-01-30
Mesa, AZ
·Cox HSI


1 edit

Re: Does Eolas produce their own browser?

said by redxii See Profile :

said by BVT See Profile :
Hey that's catchy: Show nothing, get nothing.
edit:
thumbs up
BVT

join:2004-10-25
Mount Juliet, TN
dont get me wrong, I agree with you. Just that is not the way it seems to work

redxii
too big to fail
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join:2001-02-26
Austin, TX

Re: Does Eolas produce their own browser?

I didn't get you wrong.

r81984
Thread is
Premium
join:2001-11-14
St John'S, NL
·Cox HSI
·Insight Communicat..
·AT&T Midwest

Unfair patents

Why are people allowed to patent processes using technology they did not invent. When what they patent is just common sense. I wonder if I patent the process to turn a knob to open a door when I did not invent the door or the door knob? Everyone in the world who opens a door should pay me money.

tim_k
Buttons, Bows, Beamer, Shadow, Kasey
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Stewartstown, PA
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·WildBlue

Re: Unfair patents

said by r81984 See Profile :

Why are people allowed to patent processes using technology they did not invent. When what they patent is just common sense. I wonder if I patent the process to turn a knob to open a door when I did not invent the door or the door knob? Everyone in the world who opens a door should pay me money.
You might as well try it. Be aware that the method for swinging on a swing has already been patented. »patft.uspto.gov/netacgi/nph-Pars···/6368227

footballdude

join:2002-08-13
Imperial, MO

blame Eolas

So Eolas is to blame for all of the virii and spyware that worm in through IE? Can we sue them?
mr weather
Premium
join:2002-02-27
Mississauga, ON

Ground for invalidity

Not sure of the patent law in the US but in Canada there are many attacks you can use to invalidate a patent.

If M$ can show a browser with such a capability available to the public before the application date of the patent (1994) there's one argument (anticipation).

If they can show it was obvious to a person skilled in the art in 1994 to put such a function in a browser, there's another argument (obviousness).

The new problem is the if the patent is indeed re-issued, Eolas just extended their monopoly an extra seven years.
--
"It's all coming down!!" - Mike Holmes

Goober

join:2000-12-17
Naperville, IL

And People Criticise MS for Patenting Everything

Wouldn't a ruling like this make you do the same??

People can blame or criticise the system as much they want, but MS patents everything so as to prevent such things from happening to them.

Change the laws, but until then . . .

anoyed

@virgin.net

Patent nonsence

This patent should be made invalid beause it has prior art and it is very obvious.

The mere fact that a web page contains a link which opens a new page is very similiar to this idea. The only difference being a different application loads insted.

I wonder how far back MS Word was able to embed Excell objects into documents?
Taget

join:2004-07-29

This is a good thing..

..the only way that there will be any reform in the patent system is when the big boys start getting burned.

brooklynman4

join:2004-09-07
Brooklyn, NY

Re: This is a good thing..

I cant believe microsoft lost one now who paid them off ?
GhostDoggy

join:2005-05-11
Duluth, GA

Eminent Virtual-Domain?

Maybe a sort of eminent virtual-domain needs to be enacted since there are so many parties right now that are in clear violation of the stated patent.

Hell, I bet there are government apps that are doing this.

OzWheelz

@optusnet.com

Easy fix for MS.

I guess the next version of IE will be a Web Looker-at-er. It wont be a browser any more.
systems2000
What? You Say It's Fixed. Hah

join:2001-11-29
Cyberspace
·Embarq

Here's a Little History

To help with the arguments, I thought everyone might want some facts to fall back on.

OS/2 1.1 (w/GUI) was released in 1988, Windows 3.0 was released in 1990, and Windows 3.1 was released in May of 1992.
»www.thocp.net/companies/microsof···pany.htm

»en.wikipedia.org/wiki/Web_browser

Browser History:
»www.blooberry.com/indexdot/histo···ers6.htm

AOL:
»iml.jou.ufl.edu/projects/Fall2000/McAtee/

Prodigy History (from Wikipedia):
»en.wikipedia.org/wiki/Prodigy_(ISP)

W3C Internet History:
»www.w3.org/2005/01/timelines/description

Apple History (some generic computer history also):
»apple2history.org/history/appy/ahb.html#1969
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elias
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join:2000-07-24
Miami, FL
clubs:

Sue Mozilla?

So are they going to sue Mozilla for having Extensions and plugins and such?

-- Elias

tranceGhost

@carvel.com

Microsoft finally gets stopped

From day one, Microsoft's business plan has consisted on one thing. Steal other companies ideas and technology and repackage it as their own:

CPM -> DOS
OS2 -> Windows Environment (3.1)
MAC OS -> Win95

I am grateful that the courts have finally caught up to them!

P.S. The image handling mentioned in the earlier posts is an inherent feature of http, not an add-on function. The ability to "click" on an image (not specified in http as a link,) and open say, Photoshop. is what is being referred to.
Forums » Microsoft Loses With Eolas Patent Ruling


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