`
`
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Case No. 04 C 4240
`
`Hon. Samuel Der-Yeghiayan
`
`)
`
`) )
`
`)
`)
`)
`)
`i)
`
`) )
`
`)
`
`WindyCity Innovations, LLC,
`a Delaware Company,
`
`Plaintiff,
`
`v.
`
`America Online, Inc.,
`a Delaware Corporation,
`
`Defendant.
`
`EXPERT REPORT OF BRUCE M. MAGGS
`
`Mynameis Bruce Maggs. I have been retained by the defendantin this action,
`1.
`America Online Inc. (“AOL”) to consult on technical issues pertaining to this lawsuit and to
`
`prepare a report that provides a summary of the testimonythat I am preparedto giveattrial, 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,frist, this report explains my opinion as to why the °491 patentis
`
`invalidated by the priorart. It also explams my opinions that the patent fails to disclose the
`
`claimed invention’s “best mode.” Finally, the report indicates my opinion that the Gtalk
`software, co-authored by the named inventor prior to the invention, but not disclosed to the
`
`patent office, is non-cumulative.
`
`3,
`Mycurriculum 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 promotedto (full)
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 1
`
`

`

`Professor in 2004.
`I also heid the position ofVisiting Associate Professor in the Electrical
`Engineering and Computer Science Department at the Massachusetts Institute ofTechnology
`from September 1998 through January 1999.
`|
`
`4.
`
`With respect to my industry experience, J helped launch Akamai Technologies in
`
`1998. Akamai 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 Apri] 1999 through December 1999. I am
`
`currently the Vice President for Research at Akamai and haveheld this position since January
`
`2000. In addition, I was a Research Scientist at NEC Research Institute, Inc., from September
`
`1990 through January 1994.
`
`I received my Doctorate degree in Computer Science from the Massachusetts
`5.
`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 Bachelor’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 programmerat the University of Illinois at
`
`various times between 1979 and 1983. At the University, I wrote numerous programsfor the
`PLATO computer system, including educational programs and recreational programs. One of
`
`these recreational programs was a multi-player “dungeons and dragons” game (or “MUD”)
`
`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 simultaneouslyas 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 NovaNETovera public TCP/IP network.
`
`I am familiar with many computer communications programs, including numerous “chat”
`and messaging systems.
`I am familiarwith e-mail standards and protocols such as SMTP, POP,
`, IMAP, and MIME,and have taught coursesat 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 havetestified before as an expert witness in the lawsuit captioned Lexmark
`
`International, Inc. v. Static Control Components, Inc., No. 02-571-KSF, UnitedStates District
`
`Court for the Eastern District of Kentucky.
`
`S
`
`9.
`
`10.
`
`I am being compensated at the rate of $300 per hour for my work in this case.
`
`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:
`
`e U.S. Patent 5,956,491, and the documents that comprise the “file history” of this patent
`(including the referencés cited therein) (Ex. 1).
`
`*
`
`The source code appendix to the °491 patent. (Ex. 2).
`
`e An America Online service called “Road Trips.” I reviewed versions 1.3, 1.30, 1.64, 2.0,
`
`and 2.1 of the primary source codefile for Road Trips, which was called “tour.c.” (Ex. 3),
`
`lalso reviewed CVSlogs 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).
`
`uo
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 3
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 3
`
`

`

`e Certain Netscape Communications software known as “Netscape Chat” version 1.0.1.8
`(32-bit) and 1.01 (16-bit), and Netscape Navigator version 1.22 (16-bit), (Ex. 8) and
`/
`associated source code and design specifications. (Ex. 9).
`1 also compiled and
`configured an IRC server, called ircd, from Undernet, the source code for whichis
`
`attached. (Ex. 10).
`
`e Network Working Group Request for Comments (RFC) 1459,“Internet Chat Relay
`Protocol”, by J. Oikarinen and D. Reed, May 1993.
`(Ex. 11).
`Sun Microsystems’ HotJava Browser, the applet viewer from Sun’s JDK version 1.0, and
`Netscape Navigator version 2.0 (Ex. 12).
`
`e
`
`e
`
`e Certain CompuServe software entitled CompuServe Producer, as well as CompuServe’s
`“WINCIM.EXE”client program, and various associated source code files. (Ex. 13),
`Several versions of software known as Gtalk, including versions 1.6.8, 1.6.6, and 1.6.4
`for the Unix operating system; version “1.9z1.4” for DOS, and version 2.2.3 for OS/2,
`which I understand was prepared in part by Daniel Marks, the named inventorofthe ’491
`patent, or were derived from software written by Mr. Marks, and “GTUX,” another
`.
`software program. (Ex. 14).
`©The “Gtalk Owners Manual” dated July 14, 1995. (Ex. 15).
`e
`e 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):
`
`Sociable Web Article
`DX017
`DX018|Sociable Web Article (no pictures)
`
`
`| DX019
`| World Wide Web Conference pamphlet
`
`
`DX021
`Sociable Web Article HTML source code
`DX024 World Wide Web Conference pamphlet
`DX086|README.TAT file
`
`
`
`* Online versions of “The Sociable Web,” found at
`
`http://smg,media.mit.efu/people/Judith/SocialWeb/SociableWeb.html and at
`
`http://archive.ncsa.uiuc.edu/SDG/IT94/Proceedings/CSCW/donath/SociableWeb.hnnl
`
`(Ex. 17),, and the HTML source files for each page (Ex. 18), and also online files found
`in the web directory http://smg.media.mit.edu/people/judith/SocialWeb/Pix/ (Ex. 18).
`e A transcript of the May 25, 2005, deposition of Niel Robertson. (Ex. 19).
`
`e
`
`The Mosaic User Authentication Tutorial,
`
`http://hoohoo.nesa.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
`
`

`

`‘© Upgrading NCSA HTTP4,http://noohoo.ncsa.uiuc.edu/docs/Uperade.html, dated 08-01-
`
`95 (Ex. 21),
`
`e NCSA Mosaic Version History,
`
`http://www.ncsa.uiuc.edu/Divisions/PublicAffairs/MosaicHistory/history htm] (Ex. 22).
`
`e A log entry from November18, 1993, on the NCSA Mosaic Website, indicating that
`Mosaic 2.0 was availableon that date,
`http://archive.ncsa.uiuc.edu/SDG/Software/Mosaic/Docs/old-whats-new/whats-new-
`
`1193 html (Ex.23).
`
`e An article by Markus Sohlenkamp and Greg Chewlos entitled “Integrating
`
`Communications, Cooperation, and Awareness: The DIVA Virtual Office Environment.”
`Proceedings ofthe Conference on Computer Cooperative Work, October 22-26, 1994.
`(Ex.24).
`© U.S. Patent 5,880,731 (a Microsoft patent) (Ex. 25).
`e
`To the extent not encompassed in the above, the contents of the production CDsthat 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.
`
`have otherwise prepared for this report as follows:
`
`reviewed and analyzed the C programming language source code contained in
`
`1l.
`
`12.
`
`the °491 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
`
`executablefiles, 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 connectedto this computer running the executable software over a public TCP/IP network
`connection using the telnet application running on a different computer, and observedthe
`
`behaviorofthis 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
`
`

`

`13.
`
`I also performed tests in which connections were madeto the server program
`
`compiled from the C source code appendedto the patent using a client program implemented as
`
`a Java applet found on the CD bearing the production number DMS52, and executed onadifferent
`
`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
`| networklocated in the offices ofBanner & Witcoffconsisting ofa desktop
`computer running the Linspire™ Five-O™ 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 BEFSR411 ver.3.1
`Java code is run using what is known as a “Java virtual machine” (JVM).
`
`b.
`
`The Java code on the laptop was runusing a numberofdifferent JVMs.
`
`First, I used the Java applet viewer provided in Sun Microsystems Java
`Development Kit (TDK), version 1.0. Next, I installed the Apache web
`
`server on the Linspire server, and prepared an html documentthat
`
`instructed a web browserto fetch and then execute the Java applet from
`
`the same web server. The Java applet was then tested by “downloading”
`
`both the htm! 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 appendedto the patentto 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 the-C client, I connected to the server simultaneously using a telnet
`session and using the Javaclient.
`
`14.
`
`IT reviewed AOL Road Trips.
`a.
`I tested America Online’s “Road Trips” service, version 2.0, and discussed
`the operation of this service with one of the creators ofRoad Trips, Jay
`
`Elinsky. To experiment with Road Trips, I registered an account with
`
`America Online (AOL), brucemmages@aol.com, and then connected via
`
`TCP/IP to an AOLserver using version 2.5 of the AOLclient program,
`
`running on a Pentium 75 MHz desktop with the Microsoft Windows3.11
`for Workgroups operating system.
`b. The installation ofthe AOLclient software version 2.5 was created using
`a copy ofthe contents of an AOL CD-ROMcontaininginstallation
`
`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 IWENG.DLL with a creation date
`
`8/30/1995. Its length was 700KB.
`
`c.
`
`lalso experimented with different versions of version 2.5 of the AOL
`client program on various computers, and sawno differences in behavior.
`d. The first version was installed on a desktop computer (the participator
`
`computer) using an original AOL floppy disktitled “America Online FOR
`
`WINDOWS™ Version 2.5”. America Online produced these floppy disks
`
`in 1995. The disk containsa single file called “SETUP.EXE”, which,
`
`when executed, installs the client software, which consists of severalfiles.
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 7
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 7
`
`

`

`Thecreation dates of the files copied from thedisk areall 6/27/1995 or
`
`earlier and the copyright notice on the disk label reads “©1993-1995
`
`America Online, Inc.”. The installation program SETUP.EXE alsocreates
`
`several newfiles and directories (e.g., main.idx) whosecreation dates are
`setto the date ofthe installation, e.g., 6/23/2005. Noneofthese files are
`
`executable code or modify the operation of the software. The computer
`
`was running the Windows XP operating system.
`
`Thefloppy disk did notinstall two files, “IWENG.DLL”and
`
`“TOOL/WWW.AOL”that are required in order for the browser/chat
`
`window of Road Trips to operate correctly on the chent computer. These
`files were-not included in SETUP.EXE on the floppy disk because
`IWENG.DLLis large (698 kilobytes) and would notfit 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 whentheyfirst used the software to access AOL usinga 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. Heindicated 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 AOLsoftware and then accessed AOLbystarting the program -
`
`AOL.EXE.
`
`I also tested the AOLclient software version 2.5 installation that was
`
`copied in its entirety from Mr. Elinsky’s old laptop computer. Thelatest
`creation date on any of these files was 6/27/1995.
`|
`
`.
`
`Insome 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 namein the
`
`original file is “AmericaOnline.aol.com”. I was able to access AOL and
`use Road Trips using this hostname. The RoadTrip service is installed on
`
`a serverthat is accessible via TCP/IP connectivity to a “BERP”server,
`which sometimesis not assigned when connecting to
`
`|
`
`americaonline.aol.com. To ensure connectivity to a BERP server, I
`
`modified the line
`
`NetConnect
`
`12
`
`5190
`
`10 AmericaOnline.aol.com
`
`by changingit to
`
`NetComnect
`
`1
`
`5190
`
`10 berp-nz01.dial.aol.com
`
`Jay Elinskyirfformed methat 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 Tripsis
`identical to the code version 2.0 as written in 1995. Mr. Elinsky added
`
`oneline of source codeto assist the software in operating in the current
`
`AOLenvironment. 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 “InitializeApplication”:
`
`AFI_Set_Per_User_Stream_IDs
`
`(/*SID_CHATLO*/ 0x200ac,
`
`/*SID_CHAT_HI*/ 0x0400ab) ;
`
`This linedoes not change the functionality of the Road Trips code.
`
`Instead,this line assists the Road Trips code in operating in the current
`
`~ AOLenvironment.
`
`.
`
`In addition to source code, AOL services make use of “forms”. A form is
`
`a graphical script that controls the graphical user interface provided by the
`
`AOLclient software. A form is interpreted by the AOLclient software by
`
`the participator computer. It specifies, for example, where a button should
`
`appear onthe 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, whereafield for entering text should appear, and
`
`wherea scrolling text field should appear. An AOLservercan send an
`
`“atom”to an element of a form in order to changeits 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 methat he installed
`these forms on today’s AOLproduction 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.
`
`10
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 10
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 10
`
`

`

`After accessing AOLvia a TCP/IP connection overthe public gicbal
`
`TCP/IP series of networks, using the version 2.5 ofthe client software, I
`
`then pressed contro!l-k, which caused an AOL “form”to appear on my
`
`screen that allowed me to enter an AOL. keyword.
`
`I was provided with an
`
`AOL keyword that ledto Road Trips. Jay Elinsky also connected to Road
`
`Trips at the same time.
`
`.
`
`Jay Elinsky andI then participated in several tours, and exercised the
`
`features of the software. One difference between my account and Mr.
`Elinsky’s accountis that mine is a “member” account, whereas his is an
`
`“internal” account. Hence his account has certain privileges that mine
`
`doesnot. Mr. Elinsky was able to create an “AOL tour”,a tour that a user
`
`with a member account cannotcreate, but that users with “tnternal”or
`
`“overhead” accounts can create.
`
`I accessed this “AOL tour” and observed
`
`the behavior of Road Trips duringthis tour. I created a “member”tour
`
`and participated in this tour with Mr. Elinsky, and observed the behavior
`
`ofRoad Trips duringthis tour. Another type Road Tripstour is a “private
`
`tour.” Mr. Elinsky demonstrated the creation of a “private tour.” I joined
`a private tour created by Mr. Elinsky and 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 copyofthis video
`
`record (on DVD)is enclosed as Ex. C.
`
`15.
`
`Ireviewed Netscape Chat.
`
`a.
`
`Iused “Netscape Chat” version 1.01 (16-bit) on the same Pentium 75
`
`MHz computers running Microsoft Windows3.11 for Workgroups
`
`operating system. Netscape Chat was installed using an original Netscape
`
`“Power Pack” CD-ROM. This CD-ROMcontains a program called
`
`Netscape Power Pack™ (Powerpack.exe) that allowsa userto install
`
`certain software, including Netscape Smartmarks™, Netscape Chat™
`
`(version 1.01), Adobe™ Acrobat™ Reader (version 2.1), Apple®
`QuickTime® version 2.0, and RealAudio™ Player (version 1.0.0). Power
`
`Pack can be usedto install either the 32-bit version of Netscape Chat,
`
`version 1.0.1.8 (for use with Microsoft Windows95 andlater 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 behaviorof 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 IRC 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 Undernet IRC chat server
`
`software ircu2.9.19 from ftp.undernet.org. A copy of this softwareis
`
`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 chatserver 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 1994 and 1995, different C programming language
`
`compilers supported slightly different syntaxes, and this change would
`
`have been normal to a programmerofthat time in orderto allow this
`softwareto compile on Solaris.
`i. aided a commaat the beginningofline 1704 in file ircd/s_bsd.c.
`ii. added a commaat the beginning ofline726 in file ired/s_user.c
`
`To configure the IRC 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, J moved it to a location remote from the
`
`Pentium computers and connected the serverto a differentInternet Service
`
`Provider (ISP). The IRC server was placed behind a firewall whose public
`
`name was irc.mooreusa.net, and whose public IP address was
`64,81.139.232.
`|
`
`. Lalso configured the IRCserver by creating a file ircd.conf from
`
`example.conf, a file sample configuration provided with the IRC server
`
`software. I modified example.conf 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
`CRC) Specification, Request for Comments (RFC) 1459.
`
`16.
`
`I reviewed the CompuServe Producer / Viewer system and CompuServe’s CB
`
`Conferencing system.
`a.
`
`I tested “CompuServe Producer” V.198C, Copyright 1996, using the
`
`following hardware configuration. The Producer software, program
`
`csprod.exe, was run on a Packard Bell personal computer. A sticker on
`the computer indicates that its model is “LEGEND 2150 50MHz DX/50
`486 processor PC with Microsoft Windows operating system.” The
`
`operating system installed on the machine was Microsoft Windows3.1.
`
`A fact sheet that accompanied the computer also listed the model as
`
`“LEGEND 2150 MULTI-MEDIA”.
`
`Thefact sheet gave a “Test Date” of
`
`10/20/93 01:26:27PM. Thefact sheet indicated that the sound card was an
`
`SGPRO-16, but I noticed that the Windowssoftwarecalled the sound card
`
`an MM 16 PRO. A video capture card that did not come with the
`
`computer had, been installed in the computer. The original box containing
`
`the video card indicated that it was “PCVD1000 Intel Smart Video
`Recorder for Indeo™ Video”. There was a shipping date on the box that
`
`read “6/10/94”. The specifications of the card are listed on the back of the
`
`box. They indicate that the card is a full ISA board, that it has one RCA
`
`14
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 14
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 14
`
`

`

`and one S-VHSvideo input jack, and that it accepts NTSC or PAL analog
`
`video-composite Y/C (S-VHS). Finally, the video capture card was
`
`connected to a Mitsubishi VCR HS-U590 video cassette recorder machine.
`
`In particular, the VIDEO OUT (yellow) jack from the VCR was connected
`to the S-VHSvideo input jack on PCDVD1000 using an RCA video cable.
`
`"
`
`The audio output jacks on the VCR were not used. Instead, a microphone
`
`was connected to the 3.55mm miniature input jack labeled “MIC”on the
`sound card. The serial port on the computer was connected to an external
`
`dial-up modem.
`
`. Texecuteda program called csprod.exe. This program immediately
`brought upa window labeled “CS Producer”. I then selected “GO”from
`the “Session” drop-down menu.
`I then entered “CATHOLIC”forservice.
`
`This is a current service (a place for users with shared interests to gather
`
`and chat) on CompuServe.
`
`I had the option of pressing “Set Nickname”to
`
`choose a nickname other than my CompuServeuser ID (whichis just a
`
`number), so I chose “Maggs.” I then clicked on “Go”. At this point the
`Producer software dialed in to CompuServe using a modem, makinga
`connection was made to the CompuServeserver that hosts the
`“CATHOLIC” service.
`
`Once I was connected, a “Room Selection” window came up. I selected
`
`“9 — Music Room”, and a “CompuServe Control — Room 9” window
`
`popped up. This window had twosections, one labeled “Image Control”
`
`and the other labeled “Audio Control.”
`
`15
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 15
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 15
`
`

`

`d.
`
`Includedin the Image Control section was a button for “Send Image
`
`Snapshot.” There were also check boxes for setting the video quality to
`
`low, medium, high, and very high. There were more check boxes for
`
`“Auto Send Images” and grayed out (not active) “Send Closed Caption.”
`Under“Audio Contro?”, there were buttons for “Record”, “Play”, and
`
`“Send”. There were also check boxes for setting the audio quality to low,
`
`medium, good, and radio.
`
`The “CompuServe Control - Room 9” window also provided buttons for
`“Chat...”, “Users...”, “Change Room...”, and “Select Handle...”
`
`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
`
`List” window, which showstheother participants in the same room.
`
`©
`
`Pressing Change Room pops up a window with a list of other roomsin the
`same service. Finally, pressing Select Handle pops up a window that
`
`allows a user to his or her nickname (apparently the terms “handle” and
`
`“nickname” are used interchangeably.
`
`At the same timethat the “CompuServe Control — Room 9” window came
`up,the title ofthe “CS Producer” window changed to “CS Producer (on
`line)”, and the video playing from the VCR appeared in this window. The
`window provided three pulldown menus, “Session”, “Options”, and
`
`“Help”. Under Options the choices were “Video Format...” and “Video
`
`Source...” I selected “Video Format...”, and this opened a “Video
`
`Format” window. Here there were pulldown menusfor “Video
`
`16
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 16
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 16
`
`

`

`Compression Method:” which I set to “Intel Indeo[TM] R3.1 Video”, and
`
`“Size:” which J set to 160x120, indicating 160x120 pixels. I then selected
`
`“Video Source...” and a window popped up. In this window,for “Input
`
`Source” there were check boxes for “Composite” and “S-Video (Y/C). I
`
`’ selected composite becausethat is the format provided on the VCR’s
`
`VIDEO OUT jack. Under “Input Type” there were check boxesfor
`
`“NTSC”vs. “PAL.” I selected NTSC,as that is the type ofthe signal on
`
`the VCR’s VIDEO OUT jack. Finally, I clicked a separate button labeled
`
`VCR.
`
`. At this point, on another computer, a desktop running the Windows 2000
`Serveroperating system,I started the “CompuServe Information
`
`Manager’ (CIM) software, by executing a file called WINCIM.EXE.
`
`CIM is the standard client software run by CompuServeusers.
`
`WINCIM.EXE includes executable code called Viewer that implements
`
`the client side of the Producer / Viewer system on the participator
`
`computers that are not running the Producer software.
`
`I clicked on the
`
`greentraffic light “go” button, and was asked for a room. I was asked to
`
`select a service, entered “CATHOLIC”, and was logged into CompuServe
`via TCP/IP with a different user name.
`
`. Once logged in, I began by pressing the “Who’s Here” button. A “Who’s
`Here” window poppedup, and I was able to list all users in the service or
`
`all users in any particular room. I observed that Maggs was in Room 9.
`
`Next I pressed the “Enter Room”button, and selected Music (9). The
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 17
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 17
`
`

`

`rooms have both names and numbers, and room 9 is also known asthe
`
`Music room. A “Music Room” window came up, which contained a
`
`scrolling dialog chat window with a line for entering messages. When this
`
`Music Room window appeared, I saw my other user name (which I had
`| arbitrarily chosen to be “Phoebe”) appear in the list for Room 9 in the
`
`“Who’s Here” window.
`
`On the producerside, as user “Maggs,” I pressed “Users...” and a window
`
`labeled “User List (2)” popped up, showing twousers in room 009.
`
`(‘“Maggs”, running the Producer software, and “Phoebe”, runningclient
`
`software, CIM). As user “Maggs,” I pressed “Change Room...,” which
`brought up same “Room Selection” window seen before. It listed nine
`different roomsassociated with “CATHOLIC”service. User “Maggs”,
`
`however, did not change rooms. As the user “Maggs,” I then pressed
`“Select Handle...” and chose “Bruce”as a new handle.
`I noticed that the
`
`name changed on the user list. From this point forward, any chat
`
`messages sent by the producer were labeled “Bruce>”rather than
`
`“Maggs>.”
`
`As user “Bruce,” I then pressed “Send Image Snapshot”, and a “Bruce
`Image” window immediately appeared on “Phoebe’s”screen, showing
`
`snapshot of video that was being played by the VCR. This message was
`sent by the Producer software to a CompuServerserver running the CB
`
`Conferencing system and from there to the Viewer software on user
`
`“Phoebes”’s computer. Phoebe”then received a text message from
`
`18
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 18
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 18
`
`

`

`“Bruce” in her chat window. As user “Phoebe,” I then sent a text message
`
`to the chat room, and “Bruce” received it. As user “Phoebe,” I then
`
`pressed the “Ignore” button, and an “Ignore...” window cameup. I
`
`selected “Bruce” from list of Room 9 users. As user “Bruce,”J then
`entered a text message. This time it did not appear in “Phoebe’s “chat
`window. As user “Phoebe,” I then sent a message to the chat room. It did
`appear in “Bruce’s” chatbox. User“Phoebe” wasignoring “Bruce”, but
`
`“Bruce”was not ignoring “Phoebe”.
`
`k. As user “Bruce,”I then pressed “Record”in the “CompuServe Control —
`Room 9” window, and recorded a briefmessage. I then pressed “Play”
`and heard the recording, then pressed Pressed “Send”but did not hear it on
`
`“Phoebe’s” computer becauseit did not have a sound card.
`
`17.
`
`I compiled and ran Gtalk versions 1.6.4, 1.6.6, and 1.6.8 for Unix. The Gtalk
`
`source code produces two executable programs, a server program called “gtalk” and a client
`
`program called “gtclient”.
`
`Iran and studied the software with both the server and client
`
`software running on a computer with the same Red Hat Linux 6.2 operating system.
`
`I connected
`
`to this computer over a public TCP/IP network using the telnet application, and I studied the
`behavior ofeach of these versions of GTALK.
`|
`18.
`Ireviewed The Sociable Web,
`a,
`I examinedthe two html versions of “The Sociable Web” paper by Donath
`
`and Robertson found at
`
`http://smg.media.mit.edu/people/Judith/SocialWeb/SociableWeb.html and
`
`at
`
`19
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 19
`
`Petitioner Microsoft Corporation, Ex. 1017, p. 1