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Adobe v Macromedia                                                                 October 2000

Adobe takes its gloves off in a patent battle with Macromedia. Macromedia insists there is no case, but both companies are fighting for the web.

The Internet has provided several quick-witted companies with a new lease of life. Two of these, Adobe and Macromedia, were producers of creative software (Adobe largely print-based, Macromedia aimed more at multimedia) which realised they could gain a great deal more by supplying first class tools for web design and management. Adobe's PhotoShop is still market leader when it comes to image editing, but its LiveMotion encroached on the animated visuals associated with Flash, Macromedia also producing the renowned Dreamweaver and Shockwave.

Relations between the two companies, then, have been competitive for a long time, but have turned more bitter recently as Adobe has filed a suit against Macromedia for infringement of a US patent (5,546,528) that covers Adobe's tabbed palettes. The company claims that Macromedia is copying these palettes in products such as Flash and Dreamweaver, saying that its competitor has failed to comply with requests to desist first made in 1996.

Although other companies have made similar "innovations" to their applications, Macromedia remains Adobe's fiercest competitor with a number of products: if this suit is successful, however, others could follow. Adobe has remarked that "competition has to be based on a level playing field and with respect for each other's intellectual property." Macromedia, however, denying the claims, has remarked that it believes the suit "invalid and unenforceable" and has filed counterclaims for alleged infringement of several of its patents. "Macromedia has no choice but to vigorously defend itself against the Adobe lawsuit," said Kevin Lynch, President for Products at Macromedia.

The case is similar to the "look and feel" suit brought by Apple against Microsoft several years ago (which Apple lost). Software patents in the US are attracting a great deal of attention as companies attempt to protect their investments or monopolise the market by excluding competitors, depending on your viewpoint. The case is likely to drag on for some time, and Macromedia could simply achieve the same effects by slight modifications to its software: whatever happens, however, the two companies realise that the future of web production is worth fighting over.

For more information, see www.macromedia.com and www.adobefacts.com.


© Jason Whittaker 2000-04



You can order copies of the following books:
Web Production for Writers and Journalists in paperback.
The Internet: The Basics in paperback.
The Cyberspace Handbook in paperback.