Out-Law News 1 min. read
08 Oct 2003, 12:00 am
The case at the root of the changes dates back to 1999 when the University of California and tiny Chicago-based Eolas Technologies sued Microsoft, claiming that IE was infringing a patent for a method that allows web browsers to access interactive application programs.
The patent, issued to the University in 1998, has been licensed exclusively to Eolas since 1994 but according to Eolas' lawyer Martin Lueck:
"Facing competition from Netscape Navigator in the mid-1990s, Microsoft updated its Explorer browser by using Eolas' technology and subsequently bundled it with all of its Windows operating systems since 1995."
The jury agreed, and awarded damages of $520.6 million to Eolas. Microsoft is in the process of appealing the verdict, but has been taking steps to alter Explorer, in case the appeal fails.
The ruling affects not only Microsoft, but could affect other browsers and the performance of the internet as a whole. Consultations with industry colleagues and the World Wide Web Consortium (W3C) have accordingly taken place over the past few months, culminating in Microsoft's announcement on Monday.
Michael Wallent, general manager of the Windows Client Platform at Microsoft, said:
"This ruling affects more than just Microsoft; it affects a broad array of partners and customers – including companies that many would view as competitors... Microsoft has been very proactive in reaching out to this group to develop steps that will reduce or eliminate the ruling's impact on consumers and other companies, even as we appeal it."
The proposed changes will affect Windows and Internet Explorer, and include measures that web developers and others can take. According to Microsoft there are two main areas of change:
Microsoft will make minor changes to Internet Explorer's handling of some Web pages that use ActiveX Controls, such as Macromedia Flash, Apple QuickTime, RealNetworks RealOne, Adobe Acrobat Reader, Sun Java Virtual Machine and Microsoft Windows Media Player. Microsoft anticipates that this change will be deployed by early next year. If web developers have not updated their web pages using the techniques suggested by Microsoft and others, users may see a simple dialogue box before the browser loads the ActiveX Control.
Microsoft and other industry partners are working to provide documentation for web developers that describe how to author web pages so the dialogue box would not be necessary.
Further information on the proposed changes to Internet Explorer and early versions of the documentation are available at:
http://msdn.microsoft.com/ieupdate/