Web shaken and stirred by patent suit

zdnet.com ^ | September 25, 2003, 4:44 AM PT | Paul Festa

[NotQuiteCricket]

During a recent meeting held at Macromedia's San Francisco headquarters, Silicon Valley companies asked a familiar question: What to do about Microsoft? But the strategy event, sponsored by the World Wide Web Consortium, differed significantly from so many others, at which participants have typically gathered to oppose the software giant's power. This time, Microsoft was the guest of honor.

"There's no doubt that there are some people who are happy to see Microsoft get nailed for anything," said Dale Dougherty, a vice president at computer media company O'Reilly & Associates. "But for those of us who are part of the Web, we wanted the browser to be on every desktop. And if it has to be a Microsoft browser, OK."

What a difference a patent suit makes. With one staggering loss at the hands of a federal court jury in Chicago, Microsoft has won the support--if not the sympathy--of nearly the entire software industry, from standards organizations to corporate rivals that are rushing to defend the company's Internet Explorer browser.

To some competitors and partners who have long been chafed by Microsoft's dominance, the verdict in the patent infringement lawsuit by one-man software company Eolas may initially have seemed an overdue victory--and one that achieved what the U.S. Department of Justice and the courts had failed to accomplish in regulating Microsoft under federal antitrust laws.

Instead, the verdict is increasingly interpreted as a potentially crushing burden on the Web, threatening to force significant changes to its fundamental language, HTML. Microsoft's competitors fear that Eolas' lawyers will target them next, and its partners--such as Macromedia and Sun Microsystems--worry that an enjoined IE browser would be prohibited from running their software plug-ins without awkward technology alternatives.

[NotQuiteCricket]

I can't believe that nothing has been posted about the Eolas patent infringement lawsuit against Microsoft - and Eolas winning on FR!

This is bigger than Linux, because it affects EVERYONE. This suit was about plug-in technology. That means, if your browser (IE or other) supports plug-ins, then your browswer will have to be changed. Some of the technology affected by this: java applets, pdf's being read in the browser, macromedia flash, and possibly HTML.

[NotQuiteCricket]

Would you please look at this, and see if it qualifies for the "tech" ping? Thanks.

[NotQuiteCricket]

More info here.

[b4its2late]

I would think that any web decisions should be made by Algore, since he invented the internet.... ;-)

[NotQuiteCricket]

Yeah, but see, he didn't get a patent on it.
I'm all for patents and stuff, but some of the software ones are strange in my opinion.
I have a friend who wrote a check writing application, that would print the MICR line on your check when you were printing checks (so you could print checks for multiple accounts). Well, after writing his software, and stuff, and selling it for about 6 years - it turns out that someone already had a patent on writing checks (to include the MICR line) using a computer and printer.
A patent on using a printer to print checks.
It still doesn't seem right to me, but what do I know? That patent is why QB makes you get check stock with the MICR line already on it btw.

[max_rpf]

This may not survive the appeals process

[Wonder Warthog]

"Well, after writing his software, and stuff, and selling it for about 6 years - it turns out that someone already had a patent on writing checks (to include the MICR line) using a computer and printer."

Well, the mistake your buddy made was, at the point that he found out about the patent, was to find out if the patent holder 1) had a real product or 2) just the patent. If the patent holder already offered a product for sale, then your friend is just SOL, and probably liable for infringement. However---if the patent holder did NOT have a product, then your buddy should have contacted him and offered an alliance or negotiated a license. This goes on every day in the technology biz.

[NotQuiteCricket]

He found out about the patent, because the patent holder was going through companies that printed checks, and was asking for licensing (retroactive, and going forward).

He decided to abandon the software rather than pay licencing.

*shrug* I'm just saying that it seemed odd, that you could get a patent to print checks...MICR is copywritten by someone (I can't remember who) so it isn't like he owned the font or anything, just the process of printing a check.

[Chad Fairbanks]

This jerk applied for the patent in 1994, and didn't get it until 1998 - no one else had a clue wht this guy was trying to patent, and bythge time he got his patent, ActiveX and Plug-ins were pretty much everywhere... Then 5 years later, he's launching a suit.

People invested millions developing something, and created product, while at the same time this guy was quietly putting the idea down on paper.

I hope this guy's suit gets overturned on appeal.

[NotQuiteCricket]

That is the trend. You should check out eolas's website, and view their technology page. Apparently they also hold a patent that could affect the computer gaming industry.

Here is a bit from my blog:
I got curious about Eolas and looked at their technology page. There is a patent there that makes me wonder if they are going to sue the computer gaming industry next.

[Chad Fairbanks]

Well, Eolas doesn't actually develop software - he just patents ideas and waits for otehers to implement them.

He's no better than scummy domain squatters, IMHO...

[Chad Fairbanks]

DOn't get me wrong, I'm not against making money off of good ideas, but to do it in a sneaky manner, the way this guy does it is just wrong...

[rdb3]

The Penguin Ping.

Wanna be Penguified? Just holla!

Got root?

[The Great RJ]

History is full of these "if I had only gotten my patent first" stories. Anyone remember Elisha Gray?... had he gotten his patent application in sooner he not Alexander Graham Bell would be known as the inventor of the telephone.

[NotQuiteCricket]

I think (at least for software development) your average in the basement joe don't even stop to think that there may be patent protection available for what they are writing.

[Chad Fairbanks]

Not to mention the fact that this technology was around and demonstrated in public before Eolas even applied for their patent.

I think what this boils down to, is that the patenting of business processes (and that's what this is, ultimately) is problematic and will do NOTHING to help businesses in this country compete. Sorta like the patent on the 'One-Click' - that's not an invention, but a business process that increases efficiency. That should not, imho, be patentable...

[NotQuiteCricket]

Right, but business practices *are* patentable. Which doesn't really make sense (to me). On the upside, a patent has a finite life span. Most companies, instead of patenting something that they think gives them a competitive advantage, will keep it a "trade secret." As long as they can keep it private, they maintain that advantage over their competitors. A patent has to be published, and is available for perusal by the public, eventually expires and becomes public domain...just that that takes a while.

[isthisnickcool]

Most companies, instead of patenting something that they think gives them a competitive advantage, will keep it a "trade secret."

That's what I've always done.

[Grit]

Patent 6,616,701 should cause some problems for interactive DVD and web video applications. This guy is good.

What is claimed is:

1. A method for associating specified program actions with locations in images viewed on a computer system, the method comprising the steps of:

displaying a two-dimensional representation of a multi-dimensional image on a computer screen, with locations in the two-dimensional image specified by values of first and second coordinates which are x and y coordinates specifying locations in a single frame of a video clip,

selecting a particular location on the two-dimensional representation having particular values of the first and second coordinates which determines a multi-dimensional coordinate including at least a third coordinate value which is a time dimension of the video clip;

creating a secondary image map, having entries correlating to values of the first, second, and third coordinates, with each entry holding a pointer value;

when the particular location of the two-dimensional representation is selected, accessing a selected entry of the secondary image specified by the particular vales of the first, second, and third coordinate to retrieve a selected pointer held by the selected entry;

utilizing a retrieved selected pointer to access hot program actions associated with the particular location in the two-dimensional image.

[Chad Fairbanks]

Right, but business practices *are* patentable.

But only in the last decade, if I'm not mistaken. Congress has f****d up our patent laws... just like they have the copyright laws...