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    Kiss the "Cloud" goodbye?

    Eloas sues almost everybody over browser apps.

    Tuesday, after receiving a continuation patent on the technology from the U.S. Patent and Trademark Office (USPTO), Eolas sued 23 more companies -- both a who's who of technology firms such as Adobe (NASDAQ: ADBE), eBay (NASDAQ: EBAY), Amazon.com (NASDAQ: AMZN), Apple (NASDAQ: AAPL), Google (NASDAQ: GOOG), Yahoo (NASDAQ: YHOO) and Sun Microsystems (NASDAQ: JAVA), as well as household names like J.C. Penney and PepsiCo subsidiary Frito-Lay.

    "Eolas has a technology invented about 15 years ago that's widely being used," Eolas CEO Mark Swords told InternetNews.com. "There are companies we feel are infringing our technology, so we're asking them to give us reasonable compensation," he added.
    ...
    Eolas' original suit against Microsoft included claims related to U.S. Patent No. 5,838,906 ('906 Patent). Meanwhile, a second patent, U.S. Patent No. 7,599,985 ('985 Patent), was granted Tuesday, thus triggering the filing of the new lawsuit.

    "The '985 Patent is a continuation of the '906 patent, and allows Web sites to add fully-interactive embedded applications to their online offerings through the use of plug-in and AJAX (asynchronous JavaScript and XML) Web development techniques," Eolas said in a statement.

    The tiny firm is a spin off from the University of California, which owns the patent rights and shares the royalties with Eolas. However, UC is not involved in the current lawsuit, Swords said.
    ...
    The final re-examination of the 906 patent gave it a clean bill of health in February 2009.
    After losing the $538 MILLION dollar Eloas lawsuit against it Microsoft quietly signed a patent agreement. No doubt Apple will too. But, what about the smaller players? Can they afford to pay? Will YouTube shut down or become a pay-for-use service? Will becoming a pay-for-use service kill YouTube?

    What about an in house client-server applications where the data sets on a server and is throwing out HTML pages written using APEX (or similar tools) that the client interacts with using FireFox?

    While the BIG Companies may just shrug their shoulders and pass the new costs onto their customers, plus a little service fee to take advantage of the opportunity, the small fry may not be able to afford the license fee. What they may do, if they stay in business, is return to the use of client-server applications, where the server holds the data and the executable GUI that the client runs in order to play with the data. The problem is the choice of database. Dbf and similar databases respond to a query by sending the entire table over the wire to the client, which requires the client to pick out the records it wants to satisfy the query, making them VERY slow in a WAN environment, while databases like PostgreSQL or Oracle just send the selected records over the WAN, making them very fast.

    Having developed apps using APEX I can say that while simple "address book" applications are easy to write, more complicated applications (ones with more than 60 controls on several tabs) can not be handled by APEX unless one resorts to dynamic, on-the-fly html objects, which are a pain unto themselves. Anyone who has ever attempted to debug an APEX application knows that. The traditional client server apps are a LOT easier to write and maintain, especially with tools like Qt/QtCreator.

    So, while not the first, allow me to predict a rapid decline in the use of browser based applications, which is the ENTIRE basis of the "Cloud".
    "A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”
    – John F. Kennedy, February 26, 1962.

    #2
    Re: Kiss the "Cloud" goodbye?

    another great example of why software patents are bad.....
    End Soft Patents Already! .....
    Mark Your Solved Issues [SOLVED]
    (top of thread: thread tools)

    Comment


      #3
      Re: Kiss the "Cloud" goodbye?

      I've never heard of Eolas before. In fact, I just discovered them. Perhaps I should apply for a patent on my new discovery.

      All seriousness aside, wouldn't telnet (my favourite cloud app) fall into the same category as "their" technology?

      Comment


        #4
        Re: Kiss the "Cloud" goodbye?

        Originally posted by Ole Juul
        I've never heard of Eolas before. In fact, I just discovered them. Perhaps I should apply for a patent on my new discovery.
        With today's USTPO anything is possible. I saw a topic on Slashdot last year which linked to a patent on using a laser light to "exercise" the family pet! Talk about an example of creative genius... NOT! It takes about $10,000 to obtain a patent. Actually, the guy who filed it wasn't a rich idiot, he was a patent lawyer who just wanted to demonstrate how easy it is today to patent pure nonsense. It suggests that the "examiners" aren't even reading the patents, just rubber stamping them. If they are reading them then they have the comprehension level of a 1st grader.

        All seriousness aside, wouldn't telnet (my favourite cloud app) fall into the same category as "their" technology?
        No. Wikepedia describes telnet as:
        Telnet (teletype network) is a network protocol used on the Internet or local area networks to provide a bidirectional interactive communications facility. Typically, telnet provides access to a command-line interface on a remote host via a virtual terminal connection which consists of an 8-bit byte oriented data connection over the Transmission Control Protocol (TCP). User data is interspersed in-band with TELNET control information.
        The Eolas patent covers using a BROWSER showing HTML pages served by a server which embeds interactive graphical data. IOW, just about everything that is not STATIC HTML!

        Eolas (an acronym for "Embedded Objects Linked Across Systems", and Irish for "knowledge") is a United States technology[citation needed] company. It was founded in 1994 by Michael David Doyle. His University of California, San Francisco 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 Pei-Yuan Wei, developer of the earlier Viola browser, a claim supported by Sir Tim Berners-Lee and other Web developers. Wei was only able to partially demonstrate equivalent Viola capabilities at the 2003 Eolas v. Microsoft trial, embedding a local file rather than a remote file given a short time to do so, and thus fell short of proving prior art to the court's satisfaction.
        ...
        In May 2007 the USPTO agreed to allow Microsoft to argue ownership of the patent after they reissued a Microsoft patent that covers the same concepts as outlined in the Eolas patent, and contains wording that mirrors the Eolas patent.[8][9] The USPTO ruled in favor of Eolas on that matter in September 2007.
        The workaround?
        Workarounds

        One alleged workaround is to load in the HTML element containing the plugin from an external JavaScript file, rather than embedding it on the page. In this situation, browser does not ask the user for an "activation" click because the patent does not cover embedded scripting.
        Now, while the workaround "may" pass courtroom muster, Eolas has to sue someone who uses the workaround and that someone has to be willing to defend the workaround in court. Do FOSS projects have the money to do that? Are proprietary agencies like the makers of AJAX and APEX and other such tools willing to test the workaround in court? Microsoft has paid a license fee to use the Eolas patents in IE, but are folks willing to put their Windows workstations and servers at further risk if infections and loss of data by exposing IE to the web around the clock?

        So, I expect to see a curtailing of "Cloud" activity until the workaround is tested in court, IF Eolas is willing to try a use the courts to make their patent apply to areas where their "claims" do not explicitly mention.
        "A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”
        – John F. Kennedy, February 26, 1962.

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