Eolas To Sue Apple, Google, and 21 Others 252
vinodis and several other readers sent along the news that Eolas is suing 23 companies including Apple and Google for patent infringement. The company won $585M from Microsoft in a drawn-out, 9-year battle that the companies settled in 2007; in the course of it the USPTO upheld the "906" patent several times. Now, Eolas is also in possession of a newly-issued patent that they claim covers the use of any browser plugin with AJAX. Let's see how far this lawsuit gets before the Supreme Court plays its wildcard in the Bilski case, which we have been discussing for a while now.
Do not feed trolls! (Score:2)
Re:Do not feed trolls! (Score:4, Funny)
Rule 34 on the judges? No thanks.
Dear, Microsoft (Score:2, Funny)
Indemnity, please.
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Maybe if you use IE and Silverlight on a Windows PC. Flash on Chrome in a Linux machine is going cost you!
How about Visual Studio (Score:2)
MS is not on the list... so one assumes that they are some type of agreement in place.
I'm just assuming that the developers who use MS products, would get some type of protection... Isn't that what MS has always said.
Re:How about Visual Studio (Score:4, Funny)
I'm just assuming that the developers who use MS products, would get some type of protection... Isn't that what MS has always said.
Like keyboard and mouse condoms? Or does a full body condom arrive in the mail with every visual studio purchase?
Re:How about Visual Studio (Score:5, Interesting)
That's only because MSFT already lost massively. this is one of those things that slashdot was divided over. a court loss for MSFT or feeding yet another patent troll.
Info on AJAX (Score:2)
In case anyone was curious like myself and needed a history lesson on this AJAX bit, this page seems relevant and fairly informative:
http://ajaxpatterns.org/Whats_Ajax [ajaxpatterns.org]
Can someone please explain? (Score:4, Insightful)
What the hell does this mean?
a newly issued patent that they claim covers the use of any browser plugin with AJAX
What do plugins and AJAX have to do with each other? Are they saying you can't build a browser that supports AJAX? I don't understand what the patent is for.
Re:Can someone please explain? (Score:5, Funny)
It means that, once again, the USPTO's employee drug-testing policy has failed us all.
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Where's the patent? (Score:2)
Can someone link this this "985 patent"? I can't find it linked in any article on this subject. Why do major media never link to anything?
Re:Where's the patent? (Score:5, Informative)
Uh, looks like they did link it at the end, you just have to RTFA:
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I just read that and it sounds like a patent for Javascript..
or HTML
Re:Where's the patent? (Score:5, Interesting)
I worked on a system called "MUCH", short for "Many Users Creating Hypermedia", at the University of Liverpool in England back in 1989-1992. Running on UNIX and built in-house by postgraduate students under the guidance of Professor Roy Rada using C and the Andrew Toolkit", the project itself was inspired by Ted Nelson's "Project Xanadu" [xanadu.net]. Mention of the project is also made in Prof. Rada's C.V. [umbc.edu] at his current employer, The University of Maryland, Baltimore County.
Fairly obviously, given the name, MUCH allowed multiple users to collaboratively create SGML based hypermedia documents via an integrated version control mechanism similar to that employed by Wikipedia. These documents, while mostly textual (it was the early 1990's!) besides having the ability to contain both graphical and audio content, could also contain any number of embedded external applets written using the Andrew Toolkit. Some of the proof of concept applications developed while I was there (work continued after I left) included animated clocks, calendars, calculators and other widgets, many of which were interactive.
HTML... not SGML (Score:2)
They say HTML in the patent.... who know what a well thinking judge will think of a SGML derivative like HTML
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So if Youtube rewrites their site in XML, instead of HTML, they won't be infringing?
Please contact Apple and Google and so on (Score:2)
I'm not kidding, shoot them an e-mail letting them know you worked on this, with some links to relevant details. They may blow you off, but if the mail gets to the right person, they'll be very interested.
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I'm really curious which projects like this (and there were many that *I* think could be considered prior art) Microsoft chose to use in their defense.
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Hey, it's got "hyper-" in it, it should count as "hypermedia." I doubt the patent defines the phrase very specifically. Most troll patents tend to be, um, broadly defined.
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And then (Score:3, Insightful)
1- Other will be sued if they succeed.
2- MS, Abble and others will get more and more defensive patents..
So here we go...
Re:And then (Score:4, Funny)
Dude, seriously? "Abble?"
Re:And then (Score:5, Funny)
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Ahh, don't be douche. Some of us have a hard time choosing between a patent troll and Microsoft. In this case, I'd have to side with MS.
Let's all pray to which ever holy or unholy gods we might worship or curse that SCOTUS simply shoots down software patents, and solves this whole problem. Then, we can all pray that SCOTUS gets some copyright cases soon, and establishes once and for all that copyrights are good for ~15 years - give us a good, firm number that is going to stand from now on. No more of th
technology judges (Score:3, Interesting)
There needs to be special judges just for technology cases. The existing judges are completely out of their realm when it comes to technology patent judgements. I hate that some 80 year old judge who has never used a computer in his/her life has any kind of say-so technology patents. These judges can probably barely grasp how to turn a computer on let alone make a ruling on anything that has to do with them.
I used to work for patent lawyers (Score:5, Funny)
Yup, it's true. I did IT work for a group of them back when I was in college. I was "team one", and they had some other guys who were "team two". We helped them in shifts.
One day I got a phone call.
It was one of the lawyers. He couldn't log on. "The box under my computer is missing."
Ah, I think. Those wily rascals in Team 2 snagged his UPS or his power strip and didn't replace it. No biggie. I'll buy a power strip and scoot on over.
I look under his desk.
His PC is missing.
The cords to his monitor, mouse, and keyboard were dangling in space and he sat there typing away wondering why he couldn't "log on".
I apologize for the nightmares, heebie-jeebies, and general loss of sleep you'll have from my story. Yes folks, these are the people in charge of our livelihood.
We're screwed.
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I apologize for the nightmares, heebie-jeebies, and general loss of sleep you'll have from my story. Yes folks, these are the people in charge of our livelihood.
One thing you don't mention is this particular patent attorney's practice area. I am a patent agent, and in two years, will be a patent attorney. I work in high tech and have a decade of EE and IT experience. However, I also work with a bunch of bio and chem PhDs who know next to nothing about computers. But there's nothing to cause you any loss of sleep - they don't write or prosecute patents involving computers, software, or electrical circuits, just as I don't write or prosecute patents involving intrace
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i'm sorry dogg but if you have a phD in bio or chem and you can't even tell your computer is completely missing you need to pack it in and find something else to do.
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It is common sense that if a part of a computer is missing you don't make a claim that "I cannot log in" you make a complaint that "part of my computer equipment is missing and I cannot do my work without it." Even a Patent Lawyer should be able to understand that as logic, reason, and common sense are things they learn or use to earn a law degree and pass a bar exam.
If the engine of his car was missing, do you think he'd complain that the car wouldn't start? No, he'd file a police report that someone stole
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Well honestly I don't know what their area of expertise was. I just ran cable for them. We didn't talk much about what they did. We just talked about what I did.
But I do know this.
You should have the minimal critical thinking skills to figure out if your PC is missing if you're in any tech related field at all.
I picture these sorts of people at home, preparing for their day. They place toast in the toaster. It doesn't toast! So...they wait. And wait and wait. Never noticing that the toaster is
Re:I used to work for patent lawyers (Score:4, Interesting)
Easy friend, we're more alike than different. Decade of IT here too, also an EE.
I know we all have limitations. But sometimes your limitations don't match well to a particular career. There's a good reason there is an eye exam to be a pilot. Likewise, if you're making tech decisions for people...well, you know what I'm getting at.
I'm not as bitter as I sound. Mostly I find this sort of stuff amusing. Like life is a gigantic Dilbert comic.
Really it's all a testament to how well human society is designed. We can have idiots for doctors, lawyers, supervisors, pilots, patent clerks, and even the occasional president and somehow it's all still there in the morning.
Re:I used to work for patent lawyers (Score:4, Funny)
We had some patent lawyers working for us. They were charging $600/h (with impressive and detailed invoices e.g. "Reading your MM/DD email: 15m") for their lawyer's time, and $200/h for their assistants/paralegals/i don't know how non-associate types who do the chores are called. Anyway, while the former where ridiculously expensive per hour, it was the $200/h guys that were even more annoying, as they were charging several hours for simple tasks. The most vivid example:
My boss sends them a 100 page document in pdf that they needed to sign on the last page and return via email fast, to make a deadline that was about 2 h away. The 2h were almost up and there still was no email. So, my boss calls them and it went like this:
-Sorry, but the document was too many pages so it took us a lot of time to scan it, we are now finishing up...
-But... um... I sent you a pdf document, you already had a file...
-Well, we had to sign it so we had to print it and scan it, duh
-But... um... you only needed to scan the last page and replace the last page of the pdf, why the whole document???
-(with genuine interest) Reeeaaally? You can do that? We definitely have to look into that! Anyway, just a few pages left now, we'll email soon - don't worry.
There you go, $400 to sign a document.
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It is really your fault for not making it immediately obvious. have you never dealt with another company before.
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I worked for a law firm, that is common place.
Lawyers who are creme of the crop and win a lot of tough cases, cannot figure out simple stuff about computers.
I was once told that my program didn't work because the mouse wouldn't click on a button, only to learn the lawyer was using the right button instead of the left button. I nicely told the lawyer to try the left button and he got upset at me and claimed the fault was with my program, not him. Then after calling me a lot of bad names and saying stuff like
!eulas (Score:5, Funny)
For a second I read that as "EULAs To Sue Apple, Google, and 21 Others"...oh, the irony.
The Solution! (Score:2)
Let me know if you figure out a way patent the EULA and sue everyone who uses one. I'm sure the lawyers would love the recursion. It'd be like a perpetual money machine.
Everybody's thinking it, I'm just saying it (Score:4, Insightful)
[/fingers_crossed]
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The i4i case was MS being naughty. They contracted a job to them, but used the product in a way not allowed. They weren't patent trolls.
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Should the patent have been granted? No, probably not. But it was, and it w
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The question is: Will it be enough?
There is a whole system in front of us that basically don't get it. They think software engineering is much like regular engineering, and this idea has to vanish before we can get anywhere. And you know how good are computer scientists at communicating with others.... So getting the message to them might prove to be a slow process.
I am afraid we're not there yet...
Re:Everybody's thinking it, I'm just saying it (Score:4, Informative)
Yeah, 'cept with the i4i case, they actually /did/ have a patient, and Microsoft actually /did/ break the law and steal their code after working with them. They weren't actually patent trolls, though Microsoft did a great job painting them that way.
Fuck Eolas (Score:4, Insightful)
This is the type of scum of the earth shit that ruins productivity, innovation, and increases costs for every other consumer. Everyone wants to throw CEO's in jail yet these douche bags don't do ANYTHING productive for society. At least CEO's try and make their companies profitable(by providing services to consumers), even if it is just to cash in stock options.
Talk about the ultimate drain on society being upheld by the government... we need to vote against the judges and politicians that allow this to happen under their watch. GET OUT AND VOTE AGAINST THIS!! It will lower the cost of doing business and consequently the cost of goods and services. It will make these lawyers get out of the legal system for frivolous shit and back to doing something productive for society.
Re:Fuck Eolas (Score:5, Insightful)
No, they are the bad guy. The laws suck, and the guys using the laws to hold the software world hostage to moronic demands are bad guys.
What I'm finally waiting for is the other shoe to drop and guys like Microsoft to finally admit that software patents are just plain bad. The industry is becoming increasingly hostile to new development.
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Don't hold your breath. I can't think of a sane solution that's come out of the Federal Government in my lifetime. I have seen so-called "solutions" but sane is simply not the word I would use.
Re:Fuck Eolas (Score:5, Interesting)
Microsoft did admit it. In an internal memo Bill Gates wrote in 1991:
"If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today."
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The alleged amount is 640K, and he didn't say it. Hopefully someone can find a more reliable citation, but here's one from alt.folklore.computers that quotes Bloomberg Business News.
http://groups.google.com/group/alt.folklore.computers/msg/99ce4b0555bf35f4 [google.com]
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Eolas is but one player in a bad system. (Score:2)
You won't truly understand what's going on until you examine the system. You cannot explain why big business loves software patents even if they lose a patent lawsuit here and there.
Microsoft and many other large corporations (particularly IBM which holds the most patents) will never "admit that software patents are just plain bad" because software patents are not bad for them. Software patents pay off very well for them in the long run. Software patents don't benefit society for a variety of reasons whi
Re:Fuck Eolas (Score:5, Insightful)
Eolas is not the bad guy here, they're just doing what is legally possible. You can't condemn a company for following the law, just because it seems wrong.
Morality is not defined by law.
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And corporate charters are not generally defined by morality. That is why the laws exist.
Mal-2
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Morality is not defined by law.
Nope. But you can generally assume that if something is legal, and profitable, somebody will do it. That's why you have to fix the law. If your only argument is "But it's immoral!", sooner or later you'll find somebody who says, "So what?"
Today, that's Eolas. And yeah, it makes them bad guys. But you can't fix the problem by removing the bad guys; other equally bad guys will pop up. You have to fix the law so that it's no longer profitable to break it.
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You know... this really isn't that different from Murphy's Law: [wikipedia.org] "Anything that can go wrong will go wrong."
You do the math.
Re:Fuck Eolas (Score:4, Interesting)
Heard of ethics? Usually ethics is subjective but this case... not so much. You are not required to file suits against companies... so it was a conscious decision in pursuit of money. They are trying to defend a patent that is about the equal of patenting 'land' and saying anyone that uses 'land' is violating their patent. Clearly this patent is bullshit and clearly trying to defend a patent that you know is bullshit it unethical and possibly illegal depending on the degree of Eolas "knowing" the patent is bullshit (which they obviously do).
I am sorry your moral compass is so fucked you can't seem to see the issues here. You can't rely on the government to do everything for you... there and many things in the world that are not illegal but are quite harmful to society. Just because it is 'legal' to file this suit doesn't mean it is right. And there is still question to the legality under this clause:
"In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense."
If the patent is blatantly illegitimate and is easy to prove it should be invalid then the lawyers are actually breaking the law.
Ho Legolas, Eolas! (Score:2)
Yeah, but any lawyer that is worth their salt would be able to argue that it is their honest opinion that there is factual basis for the claim. After all, if there wasn't dissent about the validity of the claim, it would be settled out of court.
Re:Fuck Eolas (Score:5, Insightful)
Slave owners were not the bad guys, they were just doing what was legally possible...
...
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Why should we decide? I blame he law *and* Eolas.
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You can't blame people for making money within the boundaries of the law. If this leads to undesirable results, the law is broken and needs to be fixed, simple as that. People will then stop their undesirable acts, either by themselves or by force. Blaming this situation on Eolas is putting things really way, way too simplistic.
You can't legislate everything, all laws have unintended consequences and ambiguities which is why we still have people interpreting law in first place. The law may be bad but it definitely wasn't meant for this bull. "The letter killeth, but the spirit giveth life."
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Yes, I can and I do.
Re:Fuck Eolas (Score:5, Insightful)
If there is a loophole in a law that allows my hypothetical company to dump toxic waste into the municipal water supply -- but it saves my company money -- then I would ABSOLUTELY be to blame for taking a legal action that was clearly harmful to my community. Whether or not the law is broken, I have a moral imperative to act ethically. Certainly there are grey areas, where what you do might not be particularly nice, but isn't actively harmful (for example, your average political ad) but when you begin abusing the law for profit, you've stepped out of the grey and into the black.
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Ug (Score:3, Informative)
No, Eolas is a shit head. He just happens to live in a society where shit heads who are wealthy through immoral work are tolerated. I can and do absolutely condemn companies who violate the spirit but not the letter of laws for material gain. Patent laws do need to be changed, but so does our attitude towards companies that operate entirely in the grey area of legal loopholes.
Your moral reasoning in this situation is no different from the assholes who market overpriced pens to senior citizens, or con poor p
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Eolas is not the bad guy here, they're just doing what is legally possible. You can't condemn a company for following the law, just because it seems wrong.
The problem obviously is the patent law. I have no idea if the US is willing to change that, but if they do, it will be the end of shit like Eolas is pulling right now as well.
Law corrupters are worse than law breakers. It's their slimey, vile ilk that cause tax law to be unreadable, because "12% of your income" is too difficult a concept for them to be honest about. They ignore the part about "Congress shall have power ... to promote the progress of science and useful arts" and move directly to "securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" -- which this tripe didn't actually invent, they just thought it u
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Are you a sociopath?
Because that's what it sounds like. I can blame people for acting like shit regardless of the law.
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You can't condemn a company for following the law, just because it seems wrong.
Wanna bet? Legal != ethical. I can give you a whole host of examples where something might be ethical but not legal and vice versa.
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Eolas is not the bad guy here, they're just doing what is legally possible. You can't condemn a company for following the law, just because it seems wrong.
The problem obviously is the patent law. I have no idea if the US is willing to change that, but if they do, it will be the end of shit like Eolas is pulling right now as well.
(/sarcasm on)
Right, because law = morality. it's ok to be immoral so long as the law permits it, right?
(/sarcasm off)
People can do many wrong things to you, legally. If you can't imagine them (which seems to be the source of your ignorant support for what you've said), maybe they ought occur.
Please use your brain; think about things a little more, that's all. I'm sure if you tried you could imagine how ridiculous it is to think that all things legal are OK.
Argh, not again! (Score:2)
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IE had to change Flash movies to a "click to play" configuration-- not necessarily a bad thing, really. Other browser makers generally didn't bother, since Eolas didn't sue them.
Note that it didn't take long for the guys who made SWFObject to figure out how to embed Flash media legally and still make it auto-play, and virtually everybody uses SWFObject, so now "click to play" is mostly obsolete.
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Hit Squad (Score:5, Funny)
For much less than 500 million, you can probably get a very discreet and effective hit squad to take out the entire management of Eolas and the attorneys too.
They would probably do the attorneys for free.
Silver is expensive (Score:5, Funny)
This is a common misconception. Actually they charge extra, because of all the hawthorn bullets and garlic they have to use.
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Mod this man up!
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"Do the attorneys for free?" Ha! I'd give a discount. I can see the invoice now
+$500M = cost to neutralise senior leadership team
-$200M = discount for allowing us to neutralise the legal team
----------
+$300M = total amount owing on this invoice, contact our payments dep't for easy terms
Re:Hit Squad (Score:5, Funny)
Wiping out a patent troll only after they've extorted money from Microsoft: priceless
Re:Hit Squad (Score:5, Funny)
I'm sorry, but that infringes on my patent #401005666 "A method for eliminating third party organisations or persons engaged in activities likely to affect the capital value of a business"
Honest question. (Score:5, Insightful)
If you are able to sue 23 corporations that are also competitors for infringing on your patent, doesn't that pretty much mean it's an obvious, non-unique patent & should be thrown out?
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I can't find the link, but someone trying to prove a point about how bad the US patent system is put in
Buy the company (Score:2, Insightful)
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not true. (Score:2)
Buy the company and do what? Sorry but due to various responsibilities, Google, Apple, etc. would more than likely be legally forced to keep the patents and keep trying to sue (Eolas being a patent troll has no real assets other than BS patents) to make the investment worthwhile for its shareholders.
If none of them own a controlling share the only reasonable expectations from investors would be the nullification of the mutual threat to their companies.
Without a controlling share, no individual among the group would be able to wield it unilaterally, and anti-trust law would prevent collusion.
I think buying them out and replacing the management or liquidating the company would be an excellent idea.
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I wonder how much it would cost to simply buy 51% of Eolas?
Eolas is one guy (and his investors). Buying him out and settling the lawsuits would cost the same amount.
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I wonder how much it would cost to simply buy 51% of Eolas?
Eolas is one guy (and his investors). Buying him out and settling the lawsuits would cost the same amount.
Last time I checked the going rate for a "sloppy" job was 5k, I think they can spare considerably more than that to make it clean and untraceable.
Wasn't it supposed to be MS only? (Score:2)
I can't recall the specifics now, but when Eolas sued MS over their other patent in the past, didn't they try to come out as the "good guys" by claiming that they will only pursue patent claims against Big Bad MS, and won't go after alternative browsers?
Of course (Score:2)
And the people that fell for it are idiots, or at least very naive. People who operate like this are NOT good people. They are not interested in the public good. They are interested in lining their pockets. There's no other reason to try and troll with patents.
It is one thing if you have a company that really makes products. They may have legit reasons for going forward with a patent case, even if the patent in question is kinda silly (they also may not). After all, they have a real market they are trying t
Oh please, let it kill all the garbage plugins. (Score:2)
Who's next? (Score:3, Insightful)
Citrix for presentation server & published apps? VMware for their PCOIP? Wyse? X.org?
It seems like in 7,599,985, they've successfully patented thin-client, VDI, and any remote application control/access/interactive media viewing from an embedded web app....
The invention allows a program to execute on a remote server or other computers to calculate the viewing transformations and send frame data to the client computer thus providing the user of the client computer with interactive features and allowing the user to have access to greater computing power than may be available at the user's client computer.
place blame where it is due (Score:2)
The problem is with the institution that applied for such a bad patent in the first place: the University of California.
As a public, educational institution, their patent attorneys should have been responsible enough not to patent a feature that clearly has prior art and is already widely used on the web.
"Fucked up" (Score:3, Insightful)
That's all that comes to my mind when I hear the words patent and U.S. in the same sentence. And that doesn't only apply to the IT.
The whole patent system should be put where it belongs: into the dustbin
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I would assume that any prior art would have already been put forward by Microsoft's legal team while defending against Eolas's first lawsuit. Unless they are that incompetent...
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Lawsuits and the threat of lawsuits can have a significant positive effect. First there are the obvious ones like Brown v. Board of Education. Then there are the not so obvious ones.
Let's say you're a businessman in a company that makes widgets. There is a change you can make to the widget process that saves money, but is dangerous to the consumer. Without the threat of a class action lawsuit that would be tempting. With the threat, there's a very real chance someone's going to sue the pants off of your com
Re:You don't even know what patents are for (Score:4, Insightful)
Now anybody can see what you did and how. Patents are as much a learning tool as they are an economic engine.
That's the sentence where you stuck your foot in it. How many hundreds of thousands of programmers on the planet? OK, now how many programmers search the patent database for ideas they can buy before coding? 100,000? 1,000? Can you name me even 10? Where is the Eclipse plug-in for searching the patent database for relevant algorithms? Where is the panoply of web startups offering an online search tool that locates the patented algorithms that will help you get your next project done faster if you license them?
When it comes to software, patents have had half their faces blown off. They no longer function at all as a learning tool, or even as an economic engine for a hard-working programmer/inventor to profit from their non-obvious invention/algorithm. With much of their original, intended functionality rendered useless, patents (most especially in the realm of software) have long since passed the point where they offer society more costs than benefits. They are almost entirely the tool of large companies, lawyers, and those who sell services to inventors gullible enough to believe we still live in an age where patents work the way you describe.