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New Prior Art Cited In 2nd Eolas Patent Rejection 67

theodp writes "To be able to reject the Eolas browser plug-in patent a second time, the USPTO had to add the teachings of G.Toye after Eolas' response prompted the examiner to withdraw his previous finding that was based solely on the teachings of the W3C's Dave Raggett and Tim Berners-Lee. It's unclear where the Toye prior art came from, since the W3C didn't offer it when it asked the PTO to overturn the patent. Also, a newly available document reveals that the W3C's widely-publicized prior art filing, which was hastily made without community input, differed little from an unpublicized filing that was made weeks earlier by attorneys from Microsoft and AOL."
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New Prior Art Cited In 2nd Eolas Patent Rejection

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  • by Anonymous Coward on Sunday August 29, 2004 @12:55PM (#10103279)
    Getting that Eolas ruling overturned is a good thing. I for one am sick and tired of the bloodsuckers grasping patents to block innovation so they can make an easy million of patenting an idea they never implement.

    Software patents are bad... when you come up with an idea, and go about developing a large programming project, something is seriously wrong when the legal team does patent research and discovers that all that in house code that was written violates 30 patents.

    Something needs to be done... immediately.

    Cheers,
    James Carr [bluefuzion.com]
    • Is just over two months from now immediate enough?
      • by Minna Kirai ( 624281 ) on Sunday August 29, 2004 @02:23PM (#10103794)
        Is just over two months from now immediate enough?

        Are you implying that a Kerry presidency would treat patents any differently?

        Sorry, no. The Rep and Dem parties haven't made any true difference on Intellectual Property law in their platforms. Bills like the Sonny Bono Act get bi-partisan support.

        It's even possible that Democratic politicians would favor Eolas in this case, since the Clinton adminstration demonstrated itself to be anti-Microsoft (relative to the successive Republican leadership, that is). They might be inclined to "rescue a common-inventor from big business"
    • by Anonymous Coward
      You might change your opinion when The Evil Empire [microsoft.com] will be the one using patents against Linux.
    • by CaptainFrito ( 599630 ) on Sunday August 29, 2004 @02:17PM (#10103765)
      Your position is fine except that the company pushing to not pay this patent's due royalties is the same company agressively pushing for thousands of software patents annually for their own financial benefit. This is not some benficent act, but rather a "Heads I win, Tails you lose" strategy made possible by pure money-politics.

      Microsoft has succeeded in controlling the global software market by prevailing in at least these three main areas:

      1. Convincing everyone that Windows is the universal platform, when in fact it runs on fewer architectectures (one, mainly) than virtually any other OS around;

      2. Exacting an OS tax on virtually every personal computer sold;

      3. Using large blocks of public domain code in their software, while getting to treat under law in most jurisdictions as their own copyrighted work.

      Now add to that list: Making sure that the only software patent royalties that get paid, get paid to them.

      Since the ex post facto rejection of the Eolas patent does nothing to influence software patent law in general, your elation regarding the Eolas patent disallowance is sorely misplaced, IMHO. Microsoft simply paid to get it overturned. All patents in retrospect are obvious, and just about any scrap of paper read 10+ years later can be made to seem preemptive if all you have to do is say that it is.

      If Eolas were suing Microsoft on the exact same legal grounds, the suit would have most surely failed. Look at how simply having money -- some report it came largely from Microsoft -- has prolonged the circus that is the SCO lawsuit. It's clearly about money, not software patent law.

      • by Anonymous Coward on Sunday August 29, 2004 @03:15PM (#10104152)
        I'm more of a Linux fan than an MS one, but even I have to note that MS has not misused its patent portfolio. If it did it and I didn't notice, then that probably means it was much less egregious than what Eolas is doing.
        • Utility patents are a limited monopoly. If Microsoft didn't want to enforce the monopolies granted by patents, Microsoft would simply publish invention disclosures on their website. Then they'd be public domain and couldn't be used against Microsoft, but neither would Microsoft have a monopoly on the otherwise patentable technologies.

          Logically, then, Microsoft would only go to such an expense for financial reward. And they have stated that they would do this 'agressively' -- deliberately overloading

      • "Your position is fine except that the company pushing to not pay this patent's due royalties is the same company agressively pushing for thousands of software patents annually for their own financial benefit. "

        Wrong + Wrong == Right?

        " Convincing everyone that Windows is the universal platform, when in fact it runs on fewer architectectures (one, mainly) than virtually any other OS around;"

        I don't totally disagree with your post, but I am not a big fan of this particular aspect of it. Being the 'univ
      • 1. Actually, for embedded devices, WinCE actually runs on a large number of them. You're just not aware of it as they are not always branded as Windows Powered and these run on many different types of CPUs. If you mean desktop, it may be true that Windows doesn't run on most of the desktop processors, but it does run on >90% of all desktops. 2. Last I heard, you could buy a PC without Windows. And nothing has ever stopped you from building your own. This is what I did. 3. Hmmm, public domain means pu
        • Posted from Redmond no doubt. WinCE is not Windows. Windows runs on x86 arhitecure, and that's just about it.

          Try buying a laptop without Windows, they represent >50% of all the PC's sold now. Better still, try buying one that will run something other than XP. Yeah, yeah, we can all find a really pricey 'linux-ready model" for 2X or 3X the price of the "value systems", but the good bargains are all "Designed for XP" machines, a euphemism for "Only runs XP". I had had a bunch of machines recently th

          • Not from Redmond. In Washington State that is true, but Washington state has many more cities than just Redmond. Even if you don't count WinCE as Windows (despite the similar programming models that makes it easy to port an app from one to the other), there's also Embedded NT which is based on "Windows". Windows did run on PowerPC, Alpha, and MIPS, but the consumers and ISVs didn't embrace those platforms so they died off. Now Windows runs on x86 and ia64 and soon x64 (aka Amd64). You must have missed
  • This is so stupid (Score:5, Insightful)

    by Anonymous Coward on Sunday August 29, 2004 @12:59PM (#10103304)
    I'm getting tired of reading about this patent fight in particular. For what? Plug-ins running in a browser. Has anyone up until this point ever heard of OLE in Windows? Its allows one application to work seamlessly in another e.g. a word document in excel, or quicktime in a web browser. Though they are different in many ways, they are the same concept. Plus OLE has been around since windows 3.1.
  • So... (Score:2, Funny)

    So the W3C's prior art filing had prior art? Delicious. :)
  • by Upaut ( 670171 ) on Sunday August 29, 2004 @08:13PM (#10105641) Homepage Journal
    Software is written code, much like a book or music. Isn't it more logical that code should be copyrighted, not patened? This is much like trying to patent the idea of a book (Its about people that are living in a distopia, and try to rebel...) Everyone should have a right to express an idea through words/code, but not to steal anothers exact words. If someone tries to make money on unmodified, obviously plagerised code, without paying royalties, or does not site the author/s, then and only then should a lawsuit pursued.
    • Generally speaking, you're right. Any patent that essentially covers an algorithm that can be executed on any general-purpose digital computer is what you describe, and is not patentable according to the US Supreme Court. However, there may be some software that doesn't fit this description, so they were never willing to unequivocally say that no software could ever be patented. Only software that, as claimed, would preempt an algorithm being used on any general-purpose digital computer. In other words,

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