Eolas
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Eolas is a United States company and patent licensee. It was founded in 1994 by Dr. Michael David Doyle. His UCSF team has claimed to have created the first web browser that supported plugins. They demonstrated it at Xerox PARC, in November 1993, at the second Bay Area SIGWEB meeting. The claim has been contested by Perry Pei-Yuan Wei, developer of the earlier Viola browser, a claim supported by Sir Tim Berners-Lee and other Web developers.
Eolas is currently in litigation with Microsoft over validity and use of the patent.
After the 2003 judgment, awarding Eolas $521m from Microsoft for infringement of Eolas patent, in October 2003 Microsoft proposed a change to its Internet Explorer browser in an attempt to avoid having to pay license fees to Eolas. Other browsers such as Opera, Mozilla Firefox and Apple’s Safari might have to implement a similar change to avoid infringement, or to license Eolas’ patent. A decision to change the browsers, rather than to license the patent, would force a disruption in the normal functioning of millions of existing unmaintained web pages that use multimedia plug-ins, and would cause ripple effects through the web, causing re-design of tens of millions web pages that are currently being maintained.
The inventor of the World Wide Web and the Director of the W3 Consortium Tim Berners-Lee wrote to Under Secretary of Commerce, asking to invalidate this patent, in order to “eliminate this major impediment to the operation of the Web”. In a remarkable turn of events, the leaders of Open Source Community sided with Microsoft in fighting the patent due to its threat to the free nature of the Web and to the basic established HTML standards. The specific concerns of having one company (Eolas) controlling a critical piece of the Web framework were cited.
The USPTO had agreed to re-examine the patent, but on September 27, 2005, it upheld the validity of the patent. The PTO ruling rejected the relevance of Pei Wei’s Viola code to the Eolas patent. According to the University of California press release, “In its ‘Reasons for Patentability/Confirmation’ notice, the patent examiner rejected the arguments for voiding UC’s previously approved patent claims for the Web-browser technology as well as the evidence presented to suggest that the technology had been developed prior to the UC innovation. The examiner considered the Viola reference – the primary reference asserted by Microsoft at trial – as a prior art publication and found that Viola does ‘not teach nor fairly suggest that instant ‘906 invention, as claimed.’â€? [1]
In March 2005 the District Court judgment in favor of Eolas was overturned, though the infringement and damages parts of the case were upheld. The appeals court ruled that the two Viola-related exhibits that had been thrown out of the original trial needed to be shown to a jury in a retrial.
In October 2005, The Supreme Court of the United States refused to hear Microsoft’s appeal, leaving intact the Federal Circuit Court of Appeals ruling in favor of Eolas with respect to foreign sales of Microsoft Windows.
In February 2006, Microsoft modified its web browser to side-step Eola Patents. All ActiveX controls will now need to be “activated” before they can be interacted with. Users will need to click once on an ActiveX control before being able to use its interface. A workaround is to load in the object/embed tag from an external Javascript file using one of these methods.
A potential workaround that Microsoft (or any other browser creator) may employ to avoid the need for users to “activate” the ActiveX controls would be to issue a plugin for IE that intercepts all HTML communication before it reaches the browser. This plugin would parse the HTML looking for OBJECT or EMBED tags, and replace them with Javascript calls as described in the above methods. In this manner, you would have a mechanism for scripting the browser, which technically avoids the patent’s claim (assuming it is even a valid patent to begin with). A result of this is that when a user ‘Viewed Page Source’, they would not see the HTML as it originated from the Web Server – rather they would see the altered source (with injected Javascript) as it was interpreted by the browser. The plugin would not be in violation of the patent, since all it is doing is removing the markup which the patent’s claim challenges. The browser would not be in violation of the patent since the patent does not cover scripting.
Additional Links:
http://www.macromedia.com/devnet/activecontent/articles/devletter.html
http://msdn.microsoft.com/ieupdate/
Information for Developers about Internet Explorer
Updated December 2, 2005
After a forthcoming update, Microsoft Internet Explorer users will not be able to directly interact with Microsoft ActiveX controls loaded by the APPLET, EMBED, or OBJECT elements. Users will be able to interact with such controls after activating their user interfaces. A new MSDN topic describes how Internet Explorer will handle ActiveX controls, shows how to load ActiveX controls so their interfaces are activated, and describes the impact of this behavior on accessibility tools and applications hosting the WebBrowser Control.
For more information, please see Activating ActiveX Controls.
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