Microsoft Changes to IE for Eolas patent...

So I just read about Microsoft's changes to Internet Explorer to deal with the Eolas patent, and I must say, all this change does, in my opinion, is create nuisance to content developers and users, and while it may circumvent the patent (whether it does or doesn't I am withholding my opinion on), it doesn't prevent the fact that the ActiveX control or plugin still will load after a bit of Javascript.

Sometimes patent law frustrates me. Embedding object A into object B has been going on for over 10 years, and at this point, is what I'd consider something “trivial and common knowledge.” Then, a patent like this rears it's head after the technology has been around for a very long time, with the sheer intent of extracting money. I just don't like this type of behavior by companies. I know people often question Microsoft's business practices, but if there is no prior art to Eolas' patent, why weren't they knocking on Microsoft's door at the time of OLE hatching 10+ years ago?

Don Box, if you read this feed, what year did OLE start hatching? 1987-88?

6 Comments



  • Eolas patent is about MIME types, not OLE. Microsoft is taking the patent to its advantage, making room for a brand new web browser, along with a new OS, and... a new PC.

  • Eolas is about linking active content. The "L" in OLE does that. OLE 2.0 is pretty close to the essence of the Eolas patent, and is prior art in my view. The Eolas patent was filed substantially after OLE 2.0 got released to Beta testers in Oct 1992.

  • I thought OLE 2 would be considered prior art to the Eolas patent... I have done patent consulting work before, and I hope microsoft wins on appeal.

  • If you read the Eolas/University of California patent, you'll see that OLE 2 was actually referenced in the patent claim! The Eolas patent #5,838,906 references Microsoft's patent #5,581,686. This MS patent claim was filed in 1995 but was a continuation of a claim filed in 1992 - the patent examiners appear to have decided that the 1992 claim was too wide in scope to be granted.

  • Thank God! Someone with branis speaks!

  • Hey, subtle must be your mdilde name. Great post!

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