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Eolas vs. Microsoft

HAL-PC Web Technologies SIG

"How the Eolas Patent will change the web."

Cheryl D. Wise
WiserWays, llC
Sigleader
Hal-PC Web Technologies SIG

Who is Eolas?

According to the information at http://www.eolas.com/about_us.html
Eolas was formed in 1994 as a spinoff from the University of California "to create and market new technologies and innovative products that make the Web a more interactive medium." Eolas' seminal research in next-generation Web applications, 3-D biomedical visualization, and morpho-spatial genomic activity mapping has led to patents for the development of fundamental and revolutionary Web browser technologies, including the systems which currently provide plug-ins and applets to over 500 million users, worldwide.

The Patent at Issue

The Web Application Platform - Distributed hypermedia method for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document U.S. Patent 5,838,906 , Filed in October, 1994, Issued November 17, 1998 (Called Eolas Patented in the rest of this presentation.) First demonstrated publicly in 1993, this invention lifted the glass for the first time from the hypermedia browser, enabling Web browsers for the first time to act as platforms for fully-interactive embedded applications. The patent covers Web browsers that support such currently popular technologies as ActiveX components, Java applets, and Navigator plug-ins. Eolas' advanced browser technology makes possible rich interactive online experiences for over 500 million Web users, worldwide.

Eolas goes after Microsoft

Eolas Technologies filed suit against Microsoft in 1999, alleging that the tech giant infringed on its patents when enabling Internet Explorer to use plug-ins and applets in the software. Specifically items that use the applet, object and embed code and/or Active X.. The first of of these are standard HTML tags codified by the W3C (World Wide Web Consortium) that have been available and used for years by web browsers and web developers. The third is a proprietary Netscape extension On Monday August 11, 2003 a jury in Chicago found that Microsoft had violated the Eolas patent and awarded $521m as damages for using technology that infringed on the Eolas Patent and that royalties will be due. Microsoft is appealing the decision but is also preparing for release a "non-infringing" version of Internet Explorer. While the first target of litigation under the patent, Microsoft's Internet Explorer is not the only browser to use this technology.

Changes to HTML?

The W3C is said to be contemplating changes to HTML, considered one of the consortium's more mature and settled specifications. The potential problem for HTML is that it describes a way of summoning content located on a server other than the one serving the page in question. The "object" and "embed" tags in HTML, consortium members worry, may fall under the wording of the Eolas patent. ( http://news.com.com/2100-1023_3-5079580.html ) In response to the decision the W3C has posted a FAQ at http://www.w3.org/2003/09/public-faq.html

Browsers Support for Applet

Applet - HTML 3.2 is supported by: Netscape versions 3+ Internet Explorer versions 3+ HotJava from Sun (not well known but first to support Java Applets http://java.sun.com/products/hotjava/index.1_0.html ) Opera Version 2.1 + Mozilla (all versions) Safari (based on the KDE browser) Other browsers with smaller market share  

Browser Support for Object

Object was added with HTML 4.0 Netscape versions 6+ Internet Explorer versions 3+ Opera Version 4+ Safari (based on the KDE browser) Mozilla (all versions) Other browsers with smaller market share  

Browser Support for Embed

EMBED is not part of the HTML standard but was a proprietary standard created by Netscape and later supported by other browsers. Browsers which support EMBED are: Netscape 1.1+ MS IE 3.0b2+ Opera 3.0+

Types of Content Effected

Sound Any player for wav, midi, mp3 or other audio format Video AVI, MPG, MOV, Quicktime Multimedia Flash, Shockwave  

Possibly Not Effected

Content played by Windows Media Player Windows Media Player uses a different architecture from other plug-ins which may make it exempt from the Eolas Patent. There are several articles that talk about why it may not be covered see:

So Why Should I Care

As a web user you should care because this patent effects the entire web and possibly even the structure of HTML. Applets and plug-ins are fundamental elements of Web browsing. They let Web surfers view multimedia or real-time content within a Web browser without having to jump to a separate software application. The W3C (World Wide Web Consortium) has published and FAQ on what they believe at http://www.w3.org/2003/09/public-faq

Who Next ?

According to c|net ( http://news.com.com/2100-1032_3-5063444.html?tag=st_rn ) "Should the jury's decision be upheld, Eolas' attorneys promise that browser makers and distributors around the world had better be prepared to pay up."

"Likely targets would be those companies that generate revenue from browser sales, such as Apple, HP, Red Hat and Opera." Whether Eolas would seek damages from AOL for the period of time it owned Netscape is unclear but not inconcievable.

The timing of AOL stopping development of Netscape 7 and stopping funding to Mozilla followed very closely on the heals of the Eolas decision. Less likely targets would be the volunteers at open source groups such as Mozilla.ord and KDE (K Desktop Environment). Least likely targets would be the users of web browsers end users of those technologies.

Changes to Expect as a Result if Eolas is Upheld

Internet Explorer

While the Eolas decision is under appeal Microsoft has released a test version of the IE 6.1 update that would remove "infringing" active x and other applet controls. More information is available at http://msdn.microsoft.com/ieupdate But I'll summarize below:

  • Where current embed, object or applet commands exist in a web page the visitior will see an alert box that will tell them to view the content they must click on the alert.
  • Another workaround will require javascript to open a separate instance of the technology called by the object to run each instance. Which means if the visitor has javascript disabled they will be unable to view the content even if they have the correct plug-in available.

Interactive Content Providers

In the wake of the Eolas decision many of the manufacturers of software used to create and/or display interactive content have started work on their own workarounds in case Microsoft loses on appeal. These who have already posted workarounds and are trying to come up with alternate ways to view their content.include:

  • Adobe
  • Macromedia
  • Real Network

Links for Patent Workarounds

Additional Reading

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