W3C home > Mailing lists > Public > public-web-plugins@w3.org > September 2003

Re: The Eolas '906 patent backgrounder

From: Hector Santos <winserver.support@winserver.com>
Date: Tue, 2 Sep 2003 05:04:35 -0400
Message-ID: <001701c37131$3ccd2780$0ed9d344@FAMILY>
To: "W3C Public Web Plugins List" <public-web-plugins@w3.org>

Richard,

There is no coincidence that 1996 was an important year for Mr. Doyle.

There was a software patent court case in the 1990s that I knew to exist
that relaxed the software-based patentability guidelines.   So I did a
search and found the following:

http://groups.google.com/groups?q=1998+%22Software+Patent%22+%22Business+Method%22&hl=en&lr=&ie=UTF-8&oe=UTF-8&selm=199902020649.AA15487%40world.std.com&rnum=1

The above may be useful for people who want to understand how the software
patent laws have changed and why this patent  exist and why there is such an
avalanche of silly software patents in the first place in the last few
years.

Ok, ready to hear the real story of what's going on here? <g>

Microsoft is just as guilty as others filing silly software patents for
everything under the kitchen sink.  Based on this, Microsoft is faced with a
big dilemma in regards to this patent.

If they appeal this patent and win, I believe it will have to based on an
argument that will reverse the 1998 court ruling.  If this was to happen,
many of the hundreds of the software patents Microsoft has been issued will
be null and void.

So Gates on the one hand does not want to give up control to some little
"peon" company for an important concept that is and will be even more of a
critical ingredient in the inevitable thin/slim client/server market where
servers will have more control of the client machine.  Yet, to fight it
legally and win will wipe away many of its own patent claims and future
filings in this critical market area and others.

One thing is for sure,  Gates can not remove "remote client component
activation" concepts from its current software products or it any future
system.  This concept if key to the strategic future of Microsoft.

How important this concept is to Microsoft can be seen in their heavy
involvement in defining and molding the nation's interstate commence laws in
regards to computer/software sales; More specifically, UCITA, formerly known
as Article 2B.

Still pending are the highly debated changes and amendments to UTICA.
UTICA defines the amendments to the nations' interstate commerce laws for
consumer computer and software products.   It is being contested by a wide
range of groups in the industry. Among the biggest groups are funded by
Ralph Nader.  This groups are fighting the relaxation of the many laws that
exist today for consumers, and to stop any further erosion of computer
privacy .

In UCITA,  one of the most fundamental changes to the law would allow
Microsoft and others to "freely" enter the domain of a client machine
automatically and without authorization.   Coupled with this, is another
change to the laws which attempts to make the "I AGREE" button legally
binding across all states.  Currently it is state by state.  The agree
button will give Microsoft full authorization to enter your computer.

It is not a coincidence that the recent virus problems have reinstated new
industry talk (started by Microsoft of course) of allowing Microsoft to
automatically update end-user computers all in the name of "security."

Microsoft wants this to happen, not just for security, but to pre-empt the
UTICA opponents fighting the changes. Currently, it is illegal for Microsoft
(anyone) to enter your computer.  UCITA attempts to change this using an
existing practice analogy of the Bank Repossession man going into your
private property to remove your car due to lack of payment.    The
proponents of UTICA contend they have the same right to repossess
copyrighted material or to stop the user from using unlicensed or expired
licensed or pirated material automatically by zapping your computer.

Future client/server systems, such as Web services will rekindle an old
concept called "Time Sharing."  The need to enter the client machine is a
fundamental requirement.  This new direction is only possible if a remote
hosting server has full control to:

a) Sending components to the client machine,
b) Automatic activation of the components on the client machine, and
c)  also have the ability to automatically remove or turn off the components
on the client machine.

The idea of course with item C is to control the licensing of remote client
software, especially for users who don't pay their "monthly subscription
bills."

Scary?

Whether Microsoft intentions are as I described,  they are certainly not
going to tell us one way or another.  But I've been involved in the design
and automation of remote client/server systems for nearly 25+ years now and
it doesn't take much for me to see this direction.  I'm knee deep in it.
Do the research yourself and you will see it all as well.

This is a BIG STAKE!  It is a GOLD!  The lawyers and lobbyists pushing UTICA
for Microsoft are considered one of the largest groups of lobbyists for any
industry.    If Eolas wins the appeal, the future of thin/slim clients are
in the hands of Eolas.  Similar to how Gates got IBM to give him a few
points on each sale of DOS,  considered one of the most fundamental business
mistakes in IBM's history, Gates does not want Mr. Doyle doing to same to
him in this important future client/server market.

Sincerely,

Hector Santos, CTO
Santronics Software, Inc.
http://www.santronics.com
305-431-2846 Cell
305-248-3204 Office


----- Original Message ----- 
From: "Richard M. Smith" <rms@computerbytesman.com>
To: "W3C Public Web Plugins List" <public-web-plugins@w3.org>
Sent: Monday, September 01, 2003 10:00 PM
Subject: The Eolas '906 patent backgrounder


>
> Hi,
>
> I've start collecting material from the Web related to the Eolas '906
> patent.  Here's a draft version of the backgrounder:
>
>    http://www.computerbytesman.com/906patent/
>
> If you have any suggestions for addition material, please send along any
> relavent links.
>
> Thanks,
> Richard M. Smith
> http://www.ComputerBytesMan.com
>
>
Received on Tuesday, 2 September 2003 05:04:34 UTC

This archive was generated by hypermail 2.3.1 : Tuesday, 6 January 2015 19:56:03 UTC