Eolas and Acacia: Patents to Cripple the Web?

Two patent cases are being sorted out right now in the courts that will have a big impact on the future of the internet.

First up is Eolas V. Microsoft.

The 906 patent, owned by the University of California and licensed exclusively to one-man software company Eolas, describes how a Web browser can use external applications [plug ins, and applications launched from a browser].

This covers launching Flash movies , Acrobat files, and many other rich-media formats from a web browser. Eolas has already won a $521 million dollar award against Microsoft, and also won the appeal. The World Wide Web Consortium (the Web's standards body) has successfully petitioned the US Patent office to review the case, citing that their was prior art and the patent should never have been granted.

Case two
Acacia Technologies Group V. the online porn industry. Acacia has built up a patent portfolio that, they claim, covers all streaming media on the internet. Their strategy is to go against some small firms that utilize streaming media, don't have big resources to fight back, and aren't held in high-esteem by most jurors: 13 online porn companies.

If Acacia is able to establish a precedent by beating these adult websites in court, they'll have laid the foundation to go after the big names in online streaming media distribution, both audio and video.

Is this an example of the patent office rewarding inventors for their contribution of important new technology? Or did these firms get a free ride, patent existing technology, and now threaten future innovation?

Adam Smith

Comments

[Adam]

The US Patent Office invalidated Eola's claim for launching applications from a web browser. This is a huge help to Microsoft, who would have had to make big changes to their Internet Explorer, and pay a half billion dollar fine.

This is also good for innovation. Such a broad patent claim stifle's innovation from new services that can be launched from an open platform such as a browser.

Not clear if this is to be a broader trend where the patent office is more selective in how they issue patents, or if it was just the result of big time research and public pressure to invalidate this odious patent.

Score 1 for sound policy.

[Adam]

Eolas's entire patent ruled invalid today. Score for Microsoft, as they will no longer have to pay a half billion dollar fee.

Score for all internet users, developers are free again to design applications that launch from a browser

[tim]

Acacia's patents are still alive and well though... and so are BTG's.