CNN circumvents the Eolas Patent?

Hello all...

I just read a new CNET article (
http://news.com.com/2100-1032_3-5074799.html?tag=fd_top ) that detailed
the Microsoft / Eolas case, and in it Michael Wallent (a general manager
in the Windows Division) urges developers to use alternate means of
delivery of content just in case they don't prevail in their appeals.
Then, the article went further:

"Wallent cited CNN.com as an example of a site that uses Macromedia
Flash--a technology many consider particularly vulnerable to the
patent's claims--in a non-infringing way."

I glanced a bit at the current CNN.com site and didn't see anything
different about how they were using Flash; does anyone know what he's
talking about?

Jeff Stevens
jfstevens@virginia-homes.com