`FOR THE NORTHERN DISTRICT or ILLINOIS
`EASTERN DIVISION
`
`Case No. 04 C 4240
`
`Hon. Samuel Der-Yeghiayan
`
`)
`
`) )
`
`)
`)
`)
`)
`, )
`
`) )
`
`)
`
`Windy City Innovations, LLC,
`a Delaware Company,
`
`Plaintiff,
`
`v.
`
`America Online, Inc.,
`a Delaware Corporation,
`
`Defendant.
`
`EXPERT REPORT OF BRUCE M. MAGGS
`
`1.
`
`My_ name is Bruce Maggs. I have been retained by the defendant in this action,
`
`America Online Inc. (“AOL”) to consult on technical issues pertaining to this lawsuit and to
`
`prepare a report that provides a summary of the testimony that I am prepared to give at trial, if
`
`called to testify. This document constitutes my expert report on the validity and enforceability of
`
`U.S. Patent 5,956,491.
`
`2.
`
`In summary, fiist, this report explains my opinion as to why the ’49l patent is
`
`invalidated by the prior art. It also explains my opinions that the patent fails to disclose the
`
`claimed invention’s “best mode.” Finally, the report indicates my opinion that the Gtalli
`
`software, co-authored by the named inventor prior to the invention, but not disclosed to the
`
`patent OffiC€,
`
`is non-cumulative.
`
`3.
`
`My curriculum vitae is attached hereto as Exhibit A. In summary, in academia, I
`
`am a tenured Professor of Computer Science in the School of Computer Science at Carnegie
`
`Mellon University.
`
`I joined the faculty as an Assistant Professor in January 1994, was promoted
`
`to Associate Professor in July 1997, was given tenure in July 1999, and was promoted to (full)
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 1
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 1
`
`
`
`Professor in 2004.
`I also held the position of Visiting Associate Professor in the Electrical
`Engineering and Computer Science Department at the Massachusetts Institute ofTechnology
`from September 1998 through January 1999.
`I
`
`4.
`
`With respect to my industry experience, I helped launch Akamai Technologies in
`
`1998. Alcamai provides content delivery services for many of the world’s most popular websites.
`
`I served as a Senior Research Scientist for Akamai from January 1999 through March 1999, and
`
`as Vice President for Research and Development from April 1999 through December 1999. I am
`
`currently the Vice President for Research at Akamai and have held this position since January
`
`2000. In addition, Iwas a Research Scientist at NBC Research Institute, Inc., from September
`
`1990 through January 1994.
`
`5.
`
`I received my Doctorate degree in Computer Science from the Massachusetts
`
`Institute of Technology in 1989, my Masters of Science degree in Electrical Engineering and
`
`Computer Science from the Massachusetts Institute of Technology in 1986, and my Bache1or’s
`
`of Science degree in Computer Science from the Massachusetts Institute of Technology in 1985.
`
`6.
`
`Additional information concerning my teaching experience, publications, surveys,
`
`manuscripts, distinguished-lecture-series speeches, keynote addresses, invited lectures, awards,
`
`grants/contracts/fellowships, committee service, technical advisory boards, and the patents for
`
`which I am _a named inventor, is set forth in my Curriculum Vitae.
`
`7.
`
`I was also employed. as a computer programmer at the University of Illinois at
`
`various times between 1979 and 1983. At the University, I wrote numerous programs for the
`PLATO computer system, including educational programs and recreational programs. One of
`
`these recreational programs was a multi-player “dungeons and dragons” game (or “1\/IUD”)
`
`called Avatar. Avatar, among its other features, included communications functionality that
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 2
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 2
`
`
`
`allowed for messaging to a number of users simultaneously as well as messaging between two .,
`
`individuals. These messages could include both text and graphical images. PLATO is now
`
`known as NovaNET.
`
`I have played Avatar running on NovaNET over a public TCP/IP network.
`
`I am familiar with many computer communications programs, including numerous “chat”
`
`and messaging systems.
`
`I am farniliarwith e—mail standards and protocols such as SMTP, POP,
`
`‘ IMAP, and Ml1\/D3, and have taught courses at Carnegie Mellon University on these standards
`
`and protocols. I am familiar with and have used other PLATO programs preceding Avatar,
`
`including “empire,” “talkomatic,” and “term talk,” which provided similar communications
`
`functionality.
`
`8.
`
`I have testified before as an expert witness in the lawsuit captioned Lexmark
`
`International, Inc. v. Static Control Components, Inc., No. O2-571-KSF, United States District
`
`Court for the Eastern District of Kentucky.
`
`s,\
`
`9.
`
`I am being compensated at the rate of $300 per hour for my Work in this case.
`
`10.
`
`In preparing this report, I have thoroughly reviewed a number of documents and
`
`other materials, and have otherwise prepared for the report as discussed below. The pertinent
`
`documents have been attached as exhibits or are included in the attached CD-R and DVD-R.
`
`The documents that I have reviewed include:
`
`0 U.S. Patent 5,956,491, and the documents that corrrprise the “file history” of this patent
`
`(including the references cited therein) (Ex. I).
`
`0
`
`The source code appendix to the ’49l patent. (EX. 2).
`
`9 An America Online service called “Road Trips.” Ireviewed versions l,3, l.30, L64, 2.0,
`
`and 2.1 of the primary source code file for Road Trips, which was called “tour.c.” (EX. 3),
`
`I also reviewed CV S logs for the files tour.c (Ex. 4) and tour2.c (Ex. 5), and a set of
`
`printed “screenshots” of the forms used by Road Trips. (Ex. 6). I also reviewed AOL 2.5
`
`client software (Ex. 7) and a list of forms and form creation dates. (Ex. 7).
`
`U)
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 3
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 3
`
`
`
`0 Certain Netscape Communications software known as “Netscape Chat” version 1.0.1.8
`
`(32-bit) and 1.01 (l6—bit), and Netscape Navigator version 1.22 (16-bit), (Ex. 8) and
`
`associated source code and design specifications. (Ex. 9).
`
`I also compiled and
`
`configured an IRC server, called ircd, from Undernet, the source code for which is
`
`attached. (Ex. 10).
`
`0 Network Worlcing Group’ Request for Comments (RFC) 1459, “Internet Chat Relay
`
`(Ex. 11).
`Protocol”, by I. Oikarinen and D. Reed, May 1993.
`Sun Microsystems’ Hotlava Browser, the applet viewer from Sun’s JDK version 1.0, and
`
`0
`
`Netscape Navigator version 2.0 (Ex. 12).
`
`0 Certain CompuServe software entitled CompuServe Producer, as well as CompuServe’s
`
`“W1NC11VI.E)CE” client program, and various associated source code files.
`(EX. 13).
`Several versions of software known as Gtalk, including versions 1.68, 1.6.6, and 1.6.4
`
`0
`
`for the Unix operating system; version “L921 .4” for DOS, and version 2.2.3 for OS/2,
`
`which I understand was prepared in part by Daniel Marks, the named inventor of the ’491
`patent, or were derived from software written by Mr. Marks, and “GTUX,” another
`9
`software program.
`14).
`The “Gtallc Owners Manual” dated July 14, 1995. (Ex. 15).
`0
`0 An article by Prof. Judith Donath and Niel Robertson, entitled “The Sociable Web,”
`
`posted on the World-Wide Web in October of 1994 (Ex. 16) and the following related
`
`documentation (Ex. 16):
`
`DXO l 7
`
`Sociable Web Article
`
`Sociable Web Article (no ictures)
`DX0l8
`
`
`I World Wide Web Conference amphlet
`' DX019
`
`DXO2l
`Sociable Web Article HTML source code
`DXO24 World V\’ide Web Conference am hlet
`DX086
`READMEIX 1 file
`
`i
`
`of Online versions of “The Sociable Web,” found at
`
`ht_t_p1//srng.media.xnit.edu/peep’ le/Judith/SocialWeb/Sociableweb.html and at
`
`hgp://archive.ncsa.uiuc.edu/SDG/IT94/Proceedings/CSCW/donatli/SociableWeb.litinl
`
`(Ex. 17),, and the HTML source tiles for each page (Ex. 18), and also online files found
`
`in the web directory http://sm2media.mit.edu/people/'1udith/SocialWeb/Pixi’ (Ex. 18).
`
`0 A uanscript of the May 25, 2005, deposition of Niel Robertson. (Ex. 19).
`
`0
`
`The Mosaic User Authentication Tutorial,
`
`ht_tg://hoohoo.ncsa.uiuc.edu/docs/tutorials/user.html, dated 9-27-95. (Ex. 20).
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 4
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 4
`
`
`
`it Upgrading NCSA HTTPd, hgtp://hoohoo.ncsa.uiuc.edu/docsfUpgradehtml, dated 08-0 1-
`
`95 (Ex. 21).
`
`0 NCSA Mosaic"\/ersion History,
`
`hgp://www.ncsa.uiuc.edu/Divisions/PublicAffairs/MosaicHistory/historv.html (Ex. 22).
`
`0 A log entry from November 18, 1993, on the NCSA Mosaic Website, indicating that
`
`Mosaic 2.0 was availableon that date,
`
`htjgz//archive.ncsa.uiuc.edu/SDG/Software/Mosaic/Docs/old-whats-new/whats—n ew-
`
`ll93.htrnl (Ex. 23).
`
`0 An article by Markus Sohlenkamp and Greg Chewlos entitled “Integrating
`
`Communications, Cooperation, and Awareness: The DIVA Virtual Office Environment.”
`Proceedings of the Conference on Computer Cooperative Worlg, October 22-26, 1994.
`
`(1-:x.‘24).
`- U.S. Patent 5,880,731 (a Microsoft patent) (Ex. 25).
`0
`To the extent not encompassed in the above, the contents of the production CDs that bear
`production numbers DM 50-53, and WCI 001589, 002859, and 002860, which include
`
`additional source code not included in the patent. These documents have not been
`
`attached to this report per the protective order.
`
`ll.
`
`I have otherwise prepared for this report as follows:
`
`12.
`
`I reviewed and analyzed the C programming language S0UICe Code Contained in
`
`the ’49l appendix. I obtained an electronic copy of a transcription of this code and prepared
`
`executable software based on this code. When compiled, the source code produces two
`
`executable files, a “server” program called “uc” and a “client” program called “ucc”. Both of
`
`these programs are meant to execute on the same computer. (The client program connects to a
`
`server program running on a machine named “localhost”, which refers to the same machine.) I
`
`also connected to this computer running the executable software over a public TCP/IP network
`
`connection using the telnet application running on a different computer, and observed the
`
`behavior of this compiled software.
`
`I studied the client and server executables running on a
`
`computer with the Red Hat Linux 6.2 operating system, and also on a computer with the Linspire
`
`Linux operating system.
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 5
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 5
`
`
`
`1 I also performed tests in which connections were made to the server program
`
`compiled from the C source code appended to the patent using a client program implemented as
`
`a Java applet found on the CD bearing the production number DM52, and executed on a different
`
`computer. The client program connected to the server program using a TCP/IP connection.
`
`a. All tests with the Java applet were performed on an isolated private
`
`network located in the offices of Banner & Witcoff consisting of a desktop
`
`computer running the Linspirem Five-OTM distribution of the Linux
`
`operating system and a laptop computer running the Windows XP
`
`operating system. The two computers Were both connected to a Linksys
`
`router, model number BEFSR41l ver.3.1
`
`b.
`
`Java code
`
`run using what is known as a “Java virtual machine” (JVM).
`
`The Java code on the laptop was runusing a number of different JVMs.
`
`First, I used the Java applet viewer provided in Sun Microsystems Java
`
`Development Kit (JDK), version 1.0. Next, I installed the Apache web
`
`server on the Linspire server, and prepared an html document that
`
`instructed a Web browser to fetch and then execute the Java applet from
`
`the same web server. The Java applet was then tested by “downloading”
`
`both the html document and subsequently the applet using both Sun’s
`
`HotJava browser, and also Netscape Navigator, Version 2.0.
`
`c. When using the Java client, it is not necessary for the client executable
`generated from the C code appended to the patent to also execute on the
`
`server machine. However, to test the interoperability of the Java client
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 6
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 6
`
`
`
`and theC client, I connected to the server simultaneously using a telnet
`
`session and using the Java client.
`
`14.
`
`I reviewed AOL Road Trips.
`
`a.
`
`I tested America Online’s “Road Trips” service, version 2.0, and discussed
`
`4 the operation of this service with one of the creators of Road Trips, Jay
`
`Elinsky. To experiment with Road Trips, I registered an account with
`
`America Online (AOL), hrucemmaggs@aol.com, and then connected via
`
`TCP/IF to an AOL server using version 2.5 of the AOL client program,
`
`running on a Pentium 75 MHZ desktop with the Microsoft Windows 3.11
`
`for Workgroups operating system.
`
`. The installation of the AOL client software version 2.5 was created using
`
`a copy of the contents of an AOL CD-ROM containing installation
`
`software provided by AOL.
`
`I did not have a copy of an original AOL CD-
`
`ROM. The CD-ROM version, which has a much higher storage capacity
`
`than a floppy disk, installed a copy of IWENGDLL with a creation date
`
`8/30/1995. Its length was 700KB.
`
`I also experimented with different versions of version 2.5 of the AOL
`
`client program on various computers, and saw no differences in behavior.
`I
`
`The first version was installed on a desktop computer (the participator
`
`computer) using an original AOL floppy disk titled “America Online FOR
`
`WINDOWSTM Version 2.5”. America Online produced these floppy disks
`
`in 1995. The disk contains a single file called “SETUPEXE”, which,
`
`when executed, installs the client software, which consists of several files.
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 7
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 7
`
`
`
`The creation dates of the files copied from the disk are all 6/27/1995 or
`
`earlier and the copyright notice on the disk label reads “©1993-1995
`
`America Online, Inc.”. The installation program SETUREXE also creates
`
`several new files and directories (e. g., mainidx) whose creation dates are
`
`set to the date ofthe installation, e.g., 6/23/2005. None of these files are
`
`executable code or modify the operation of the software. The computer
`
`was running the Windows X? operating system.
`
`The floppy disk did not install two files, “IWENG.DL ” and
`
`“TOOL/WV»7W.AOL” that are required in order for the browser/chat
`
`window of Road Trips to operate correctly on the client computer. These
`
`files were-not included in SETUREXE on the floppy disk because
`
`IWENGDLL is large (698 ldlobytes) and would not fit on the disk with
`
`the other files, even when compressed. (The capacity of a floppy disk is
`
`only 1.44 megabytes.) AOL client Version 2.5, when installed from this
`
`floppy disk in 1995, would instead automatically retrieve the files from
`
`AOL when they first used the software to access AOL using a dial—up
`
`connection or using TCP/IP. Today, however, while it is possible to
`
`connect to AOL using version 2.5 of the client software, version 2.5 is no
`
`longer fully supported, and I could no longer download these files. For
`
`this reason, Jay Elinsky provided me with copies of these files with a
`
`creation dates of 6/27/1995. He indicated that the files were taken from an
`
`old laptop computer on which AOL client software version 2.5 had been
`
`installed around 1995.
`
`I then installed these files in the same directory as
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 8
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 8
`
`
`
`the other AOL software and then accessed AOL by starting the program ~
`
`AOLEXE.
`
`I also tested the AOL client software version 2.5 installation that was
`
`copied in its entirety from Mr. Elinsky’s_ old laptop computer. The latest
`
`' creation date on any of these files was 6/27/1995.
`
`I
`
`.
`
`In some cases, I made one change in a configuration file called
`
`“TCP.CCL”. This file specifies the host name and port number to connect
`
`to when accessing AOL using TCP/IP over the Internet, which was
`
`possible using version 2.5 of the client software. The host name in the
`
`original file is “AmericaOnline.aol.com”. I was able to access AOL and
`
`use Road Trips using this hostname. The Road’ Trip service is installed on
`
`a server that is accessible via TCP/IP connectivity to a “BERP” server,
`
`which sometimes is not assigned when connecting to
`
`americaonline.aol.co1n. To ensure connectivity to a BERP server, I
`
`modified the line
`
`Netcormect
`
`1
`
`5190
`
`10 AmericaOnline.ao1.com
`
`by changing it to
`
`Netconnect
`
`1
`
`5190
`
`10 berp-nzOl.dial.aol.com
`
`Jay Elinsky informed me that he had installed version 2.0 of the Road
`
`Trips software on today’s production AOL system. The software is run on
`
`an AOL server. All of the code that is used to implement Road Trips is
`
`identical to the code version 2.0 as written in 1995. Mr. Elinsky added
`
`one line of source code to assist the software in operating in the current
`
`AOL environment. Specifically, the following single line was added to
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 9
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 9
`
`
`
`tour.c in function “Initialize__Application”:
`
`AFI__Set_Per_User__Stream_IDs
`
`(/ *SID_CHAT_LO*/ 0x2 0 Oac,
`
`/*SID__CI-IA'I‘__HI*/ OxO400ab);
`
`This linedoes not change the functionality of the Road Trips code.
`
`Instead, this line assists the Road Trips code in operating in the current
`
`A AOL environment.
`
`.
`
`In addition to source code, AOL services make use of “fonns”. A form is
`
`a graphical script that controls the graphical user interface provided by the
`
`AOL client software. A form is interpreted by the AOL client software by
`
`the participator computer. It specifies, for example, where a button should
`
`appear onithe screen and what should be transmitted to an AOL server
`
`when the user clicks on the button. A form also specifies where a browser
`
`window should appear, where a field for entering text should appear, and
`
`where a scrolling text field should appear. An AOL server can send an
`
`“atom” to an element of a form in order to change its appearance or
`
`behavior. For example, an AOL server can send an atom to a button
`
`created by a form indicating that it should no longer appear on the form.
`
`Road Trips used various forms. Some of these forms are depicted in
`
`printed screenshots in Ex. 6. Jay Elinsky informed me that he installed
`these forms on today’s AOL production system so that they could be sent
`
`to the AOL client software when users today access Road Trips. Elinsky
`
`also indicated that all of the Road Trips forms used today are dated before
`
`August of 1995. A list of forms and form creation dates which confirms
`
`this was given to me by Elinsky and is attached as Ex. 7.
`
`l0
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 10
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 10
`
`
`
`After accessing AOL via a TCP/IP connection over the public global
`
`TCP/ll’ series of networks, using the version 2.5 of the client software, I
`
`then pressed control—k, which caused an AOL “form” to appear on my
`
`screen that allowed me to enter an AOL keyword.
`
`1 was provided with an
`
`AOL keyword that led to Road Trips. Jay Elinsky also connected to Road
`
`Trips at the same time.
`
`.
`
`Jay Elinsky and I then participated in several tours, and exercised the
`
`features of the software. One difference between my account and Mr.
`
`E1insky’s account is that mine is a “member” account, whereas his is an
`
`“internal”-account. Hence his account has certain privileges that mine
`
`does not.
`
`Elinsky was able to create an “AOL tour”, a tour that a user
`
`with a member account cannot create, but that users with “internal”_ or
`
`“overhea ” accounts can create.
`
`I accessed this “AOL tour” and observed
`
`the behavior of Road Trips during this tour. I created a “member” tour
`
`and participated in this tour with Mr. Elinsky, and observed the behavior
`
`of Road Trips during this tour. Another type Road Trips tour is a “private
`
`tour.” Mr. Elinsky demonstrated the creation of a “private tour.” I joined
`
`a private tour created by Mr. Elinsky mdi observed the behavior ofRoad
`
`Trips.
`
`I later created a video record which demonstrates the features of Road
`
`Trips While using computers built with parts available in 1994 (in
`
`particular, systems based on the Intel P75 processor) and running the
`
`11
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 11
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 11
`
`
`
`Windows 3.11 for Workgroups operating system. A copy of this video
`
`record (on DVD) is enclosed as Ex. C.
`
`15.
`
`I reviewed Netscape Chat.
`
`a.
`
`1 used “Netscape Chat” version 1.01 (16—bit) on the same Pentium 75
`
`MHz computers running Microsoft Windows 3.11 for Workgroups
`
`operating system. Netscape Chat was installed using an original Netscape
`
`“Power Pack” CD—ROM. This CD—ROMicontains a program called
`
`Netscape Power Packm (Powerpaclgexe) that allows a user to install
`
`certain software, including Netscape SmartmarksTM, Netscape Chatm
`
`(version 1.01), Adobe-FM Acrobatm Reader (version 2.1), Apple®
`QuickTime® version 2.0, and Real.Audiom Player (version 1.0.0). Power
`
`Pack can be used to install either the 32-bit version of Netscape Chat,
`
`version 1.0.1.8 (for use with Microsoft Windows 95 and later Versions of
`Windows), or the 16-bit version, 1.01 (for use with Microsoft Windows
`
`3.1). Netscape Navigator version 1.22 (16-bit version) was also installed
`
`on the same Pentium 75 MHz computers. I examined the behavior of the
`
`Netscape Chat program (and simultaneously the Netscape Navigator
`
`program)<by making connections from both machines using a TCP/IP over
`
`the public Internet to an [RC server that I set up.
`
`b.
`
`I later created a video record in which I demonstrate the features of
`Netscape Chat while using the same computers and operating system. To
`
`perform these experiments, I downloaded the Undemet IRC chat server
`
`software ircu2.9.l9 from ftp.undernet.org. A copy of this software is
`
`12.
`
`Petitioner Microsoft Corporation, Ex. 1017 , p. 12
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 12
`
`
`
`attached on a CD-R as Ex. 10. The IRC chat server ircd was then
`
`configured, compiled and run on a Sun Microsystems 'SparcStation 4
`workstation, using the Solaris 1.1.2 operating system, which was installed
`
`from an original Sun Microsystems CD-ROM. Both the workstation and
`
`the operating system were available in 1994. To compile the IRC server, I
`
`made two syntactical changes to configure the code to compile on the
`
`Solaris C compiler; in 1,994 and 1995, different C programming language
`
`compilers supported slightly different syntaxes, and this change would
`
`have been normal to a programmer of that time in order to allow this
`
`software.to compile on Solaiis.
`
`i, added a comma at the beginning ofline 1704 in file ircd/s_bsd.c.
`ii. added a comma at the beginning of line 726 in file ircd/s_user.c
`
`To configure the ERC server with a resolvable host name, and to verify
`
`that the connections between the IRC server and the IRC client computers
`
`were made through the Internet, I moved it to a location remote from the
`
`Pentium computers and connected the server to a differentlnternet Service
`
`Provider (ISP). The IRC server was placed behind a firewall whose public
`
`name was irc.mooreusa.net, and whose public 1}’ address was
`
`64.81.139.232.
`
`.
`
`I also configured the IRC server by creating _a file ircd-Conf from
`
`exampleconf, a file sample configuration provided with the IRC server
`
`software. Imodified exampleconf to change the name, port number, and
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 13
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 13
`
`
`
`access password for the server, and to remove a number of non-mandatory
`
`configuration lines.
`
`e.
`
`I also reviewed the C++ source code for Netscape Chat and associated
`
`design documents and specifications, as well as the Internet Relay Chat
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`(IRC) Specification, Request for Comments (RFC) 1459.
`I reviewed the CompuServe Producer / Viewer system and CompuServe’s CB
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`16.
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`Conferencing system.
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`a.
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`I tested “CompuServe Producer” V.198C, Copyright 1996, using the
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`following hardware configuration. The Producer software, program
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`csprod.exe, was run on a Packard Bell personal computer. A sticker on
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`the computer indicates that its model is “LEGEND 2150 OMI-Iz DX/50
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`486 processor PC with Microsoft Windows operating system.” The
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`operating system installed on the machine was Microsoft Windows 3.1.
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`A fact sheet that accompanied the computer also listed the model as
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`“LEGEND 2150 MULTI-MEDIA”. The fact sheet gave a “Test Date” of
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`10/20/93 0l:26:27PM. The fact sheet indicated that the sound card was an
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`SGPRO-16, but I noticed that the Windows software called the sound card
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`an MM 16 PRO. A video capture card that did not come with the
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`computer had,been installed in the computer. The original box containing
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`the video card indicated that it was “PCVDIOOQ Intel Smart Video
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`Recorder for Indeom Video”. There was a shipping date on the box that
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`read “6/ 10/94”. The specifications of the card are listed on the back of the
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`box. They indicate that the card is a full ISA board, that it has one RCA
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`14'
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`Petitioner Microsoft Corporation, Ex. 1017, p. 14
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`Petitioner Microsoft Corporation, Ex. 1017, p. 14
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`and one S-VHS video input jack, and that it accepts NTSC or PAL analog
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`Video-composite Y/C (s—vHs). Finally, the video capture card was
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`connected to a Mitsubishi VCR HS-U5 90 video cassette recorder machine.
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`In particular, the VIDEO OUT (yellow) jack from the VCR was connected
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`'
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`to the S-VHS video input jack on PCDVDIOOO using an RCA video cable.
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`The audio output jacks on the VCR were not used. Instead, a microphone
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`was connected to the 3.55mm miniature input jack labeled “MIC” on the
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`sound card. The serial port on the computer was connected to an external
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`dial-up modem.
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`.
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`I executed ‘a program called csprod.exe. This program immediately
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`brought up a Window labeled “CS Producer”. I then selected “GO” from
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`the “Session” drop-down menu.
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`I then entered “CATHOLIC” for service.
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`This is a current service (a place for users with shared interests to gather
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`and chat) on CompuServe;
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`I had the option of pressing “Set Nickname” to
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`choose a nickname other than my CompuServe user ID (which is just a
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`number), so I chose “Maggs.” I then clicked on “Go”. At this point the
`Producer software dialed in to CompuServe using a modem, makingia
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`connection was made to the CompuServe server that hosts the
`“CATHOLIC” service.
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`Once I was connected, a “Room Selection” Window came up. I selected
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`“9 — Music Room”, and a “CompuServe Control — Room 9” window
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`popped up. This window had two sections, one labeled “Image Control”
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`and the other labeled “Audio Control.”
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`15
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`Petitioner Microsoft Corporation, Ex. 1017, p. 15
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`Petitioner Microsoft Corporation, Ex. 1017, p. 15
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`d.
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`Included. in the Image Control section was a button for “Send Image
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`Snapshot.” There were also check boxes for setting the video quality to
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`low, medium, high, and very high. There were more check boxes for
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`“Auto Send Images” and grayed out (not active) “Send Closed Caption.”
`Under “Audio Control”, there were buttons for “Record”, “Play”, and
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`“Send”. There were also check boxes for setting the audio quality to low,
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`medium, good, and radio.9
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`e. The “CompuS erve Control — Room 9” Window also provided buttons for
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`“Chat. . .”, “Users. . .”, “Change Room. . .”, and “Select Handle...”
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`Pressing Chat pops up a “CS Producer — Chat Window” box, with a
`scrolling dialog box and text entry field. Pressing Users pops up a “User
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`List” window, which shows the other participants in the same room.
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`’
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`Pressing Change Room pops up a window with a list of other rooms in the
`same service. Finally, pressing Select Handle pops up a window that
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`allows a user to his or her nickname (apparently the terms “handle” and
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`“nickname” are used interchangeably.
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`f. At the same time that the “CompuServe Control — Room 9” window came
`up, the title of the “CS Producer” window changed to “CS Producer (on
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`line)”, and the video playing from the VCR appeared in this window. The
`window provided three pulldown menus, “Session”, “Options”, and
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`“Help”. Under Options the choices were “Video Format. .
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`and “Video
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`Source...” I selected “Video Format. . .”, and this opened a “Video
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`Format” window. Here there were pulldown menus for “Video
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`15
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`Petitioner Microsoft Corporation, Ex. 1017, p. 16
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`Petitioner Microsoft Corporation, Ex. 1017, p. 16
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`
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`Compression Methodz” which I set to “Intel Indeo[TM] R3.l Video”, and
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`“Size:” which I set to 160x120, indicating 160x120 pixels.
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`I then selected
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`“Video Source...” and a window popped up. In this Window, for “Input
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`Source” there were check boxes for “Composite” and “S—Video (Y/C). I
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`‘ selected composite because that is the format provided on the VCR’s
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`VIDEO OUT jack. Under “Input Type” there were check boxes for
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`“NTSC” vs. “PAL.” I selected NTSC, as that is the type ofthe signal on
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`the VCR’s VIDEO OUT jack. Finally, I clicked a separate button labeled
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`VCR.
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`. At this point, on another computer, a desktop running the Windows 2000
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`Serveroperating system, I started the “CompuServe Information
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`Manager” (CIM) software, by executing a file called WINCIMEXE.
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`CIM is the standard client software run by CompuServe users.
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`WlNCIM.EXE includes executable code called Viewer that implements
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`the client side of the Producer / Viewer system on the participator
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`computers that are not running the Producer software.
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`I clicked on the
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`green traffic light “go” button, and was asked for a room.
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`I was asked to
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`select a service, entered “CATHOLIC”, and was logged into CompuServe
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`via TCP/H3 With a difierent user name.
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`. Once logged in, I began by pressing the “Who’s Here” button. A “Who’s
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`Here” window popped up, and I was able to list all users in the service or
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`all users in any particular room. I observed that Maggs was in Room 9.
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`Next I pressed the “Enter Room” button, and selected Music (9). The
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`Petitioner Microsoft Corporation, Ex. 1017, p. 17
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`Petitioner Microsoft Corporation, Ex. 1017, p. 17
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`rooms have both names and numbers, and room 9 is also known as the
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`Music room. A ‘Music Room” window came up, which contained a
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`V scrolling dialog chat window with a line for entering messages. When this
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`Music Room Window appeared, I saw my other user name (which I had
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`arbitrarily chosen to be “Phoebe”) appear in the list for Room 9 in the
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`“Who’s Here” window.
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`On the producer side, as user “Maggs,” I pressed "Users. . .” and a window
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`labeled "User List (2)” popped up, showing two users in room 009.
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`(“Maggs”, running the Producer software, and “Phoebe”, running client
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`software,
`As user “Maggs,” I pressed “Change Room. . .,” which
`brought up same “Room Selection” window seen before. ‘It listed nine
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`different rooms associated with “CATHOLIC” service. User “Maggs”,
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`however, did not change rooms. As the user “Maggs,” I then pressed
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`“Select Handle...” and chose “Bruce” as a new handle. I noticed that the
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`name changed on the user list. From this point forward, any chat
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`messages sent by the producer were labeled “Bruce>” rather than
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`“Maggs>.”
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`As user “Bruce,” I then pressed “Send Image Snapshot”, and a “Bruce
`Image” window immediately appeared on “Phoebe’s” screen, showing
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`snapshot of video that was being played by the VCR. This message was
`sent by the Producer software to a Compuserver server running the CB
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`Conferencing system and from there to the Viewer software on user
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`“Phoebes”’s computer. Phoebe” then received a text message from
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`I18
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`Petitioner Microsoft Corporation, Ex. 1017, p. 18
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`Petitioner Microsoft Corporation, Ex. 1017, p. 18
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`“Bruce” in her chat window. As user “Phoebe,” I then sent a text message
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`to the chat room, and “Bruce” received it. As user “Phoebe,” I then
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`pressed the “Ignore” button, and an “Ignore...” window came up.
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`I
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`selected “Bruce” from list of Room 9 users. As user “Bruce,” I then
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`entered a text message. This time it did not appear in “Phoebe’s “chat
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`window. As user “Phoebe,” I then sent a message to the chat room. It did
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`appear in “Bruce’s” chatibox. User “Phoebe” wasiignoring “Bruce”, but
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`“Bruce” was not ignoring “Phoebe”.
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`k. As user “Bruce,” I then pressed “Record’,’ in the “CompuServe Control 4
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`Room 9” window, and recorded a briefmessage. I then pressed “Play”
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`and heard the recording, then pressed Pressed “Send” but did not hear it on
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`"Phoebe’s” computer because it did not have a sound card.
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`17.
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`I compiled and ran Gtalk Versions 1.6.4, 1.6.6, and 1.6.8 for Unix. The Gtalk
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`source code produces two executable programs, a server program called “gtalk” and a client
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`program called “gtclient”.
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`Iran and studied the software with both the server and client
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`software running on a computer with the same Red Hat Linux 6.2 operating system.
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`I connected
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`to this computer over a public TCP/ll’ network using the telnet application, and I studied the