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Re: [Fwd: PATNEWS: Patent abstracts, Eolas workaround, filewrapper estoppel]

From: Benjamin Franz <snowhare@nihongo.org>
Date: Wed, 10 Sep 2003 12:46:43 -0700 (PDT)
To: public-web-plugins@w3.org
Message-ID: <Pine.LNX.4.44.0309101235260.24608-100000@high-mountain.nihongo.org>

On Wed, 10 Sep 2003, Jeffrey Altman wrote:

> Greg has an interesting take on the patent which may provide Microsoft a 
> huge loophole to avoid future claims.


>    -  A WORKAROUND OF THE EOLAS PATENT FOR MICROSOFT?

[...]
>
>    "wherein said object has type information associated with it utilized
>    by said browser to identify and locate an executable application"
>
>    According to the claim-construction of the court the limitation
>"utilized by said browser" means that the browser is what does the
>function of identifying and locating the external application. All
>Microsoft needs to do is to remove this function from the browser and
>rather recreate it as a function in the Windows OS. For example when the
>browser reads the "type information" for Shockwave application it refers
>the type information to a component in the OS, which further performs the
>function of identifying and locating the application. It's as simple as
>that IMO. This would be transparent to the end-user.
>
 >   So nothing to worry about losing embedded apps from browsers..



Microsoft has claimed for years now that the browser is _AN INTEGRAL PART_
of the OS. In fact, they have made that a center piece of some of their
legal battles to date. They would probably get murdered in court if they
tried to claim at this late date that the browser _wasn't_ part of the OS
for the purpose of this patent. If they made a legal filing to that end,
they would open themselves to a claim a perjury (because they would have
legally under oath on the record claimed two positions that are clearly
mutually incompatible) and/or to losing some of the other civil litigation
in process against them.

-- 
Benjamin Franz

Gauss's law is always true, but it is not always useful.
    -- David J. Griffiths, "Introduction to Electrodynamics"
Received on Wednesday, 10 September 2003 15:46:51 UTC

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