Microsoft's 'IsNot' Patent Continued... 566
An anonymous reader writes " According to the patent application--filed in mid-November by Paul Vick, lead architect for Visual Basic .Net at Microsoft; Amanda Silver, a program manager on the Visual Basic team; and an individual in Bellevue, Wash., named Costica Barsan--the IsNot operator is described as a single operator that allows a comparison of two variables to determine if the two point to the same location in memory." This article continues the tale started last november, and here is an eWeek story on the same subject.
Oh please! (Score:5, Insightful)
Oh please. I remember our programming instructor in sixth grade teaching us about this logic operator is BASIC. This is simply an effort (albeit transparent) for Microsoft to continue to duplicate pre-existing code for Microsoft specific code to ensure that programs written with Microsoft specific tools will maintain future market share for the company. In other words, the creation of a Microsoft specific "equals" means that code years down the road will require Microsoft specific tools to edit/change/run this code. I call shenanigans! This is not innovation in any technical sense and indeed is not even innovation in a business sense.
Re:Oh please! (Score:5, Insightful)
Re:Oh please! (Score:5, Insightful)
On the contrary, it seems that being able to slip surious patents through the system is an important business skill these days. If something isn't done to clean up the USPTO it might even become an essential skill for any business's survival.
Ridiculous IP claims have been the death of SCO... (Score:3, Insightful)
When they're resorting to patenting what appear to me to be boolean operations with an object-oriented twist, that's a bad sign about what real plans the company doesn't have.
Re:Oh please! (Score:4, Insightful)
1) Find something that is well known and patent it.
2) Sue some big company for using your patent.
Re:Oh please! (Score:3, Insightful)
I don't see... (Score:3, Insightful)
People didn't take the hyperlinking patent seriously did they?
Feh, meh and other sheep noises (Score:4, Insightful)
And thus Microsoft will have another patent paper to toss onto the pile like so many unwanted gelatine Desserts.
Re:Oh please! (Score:5, Insightful)
But it is the same as "Not equal to" applied to the address of the variable:
a isNot b
is equivalent to:
&a != &b
So, it's still a pretty trivial concept...
Re:Oh please! (Score:3, Insightful)
3) ???
4) Profit!
Where '???' probably involves ensuring you can pay at least as much for your lawyers as the big company you sued.
Re:Oh please! (Score:3, Insightful)
Maybe... (Score:1, Insightful)
I'm all for it! (Score:5, Insightful)
Go IsNot patent, go!
The sooner the industry is choked with these obvious lock-out bullshit patents, the sooner development will grind to a total stop for fear of litigation. And as soon as that happens, the system will have to be reformed.
Well, either that or we all give up tech completely and be farmers. It's in the court's hands now.
Re:Wow, nice bias (Score:2, Insightful)
For all the people complaining.. (Score:5, Insightful)
Do I think Microsoft should be able to patent this? Absolutely not, because I don't believe the basic core functions of the computer should be patentable. Now taking those functions and tying them together into a cohesive program should definitely be copyrightable, but patenting a computer adding two numbers together (This will happen eventually, I'll bet a C note on it) is ridiculus.
Good precedent here (Score:2, Insightful)
Re:Oh please! (Score:5, Insightful)
The business plan of this decade:
1) Find something that is well known and patent it.
2) Sue some big company for using your patent.
Actually, the business plan for several decades has been:
See Patent Nonsense [fourmilab.ch] for an example of how this happened to Autodesk just before they went public.
Rich.
Re:Ridiculous IP claims have been the death of SCO (Score:5, Insightful)
I think SCO had been in decline for years before resorting to frivolous IP claims. It seems to me that their business model (sell a mediocre version of Unix on highly specialized machines to retailers) wasn't working well, their profits sank and they saw the writing on the wall. In comes a new CEO known for pushing IP litigation and *bang* they have a new business model overnight.
MS is in a different place. I think they will probably go into decline eventually, but they have a long way to go before their business model fails the way SCO's did.
Taft
What about Europe? (Score:5, Insightful)
What am I missing?
hear, hear! (Score:5, Insightful)
Re:Uninventive patents do not hold up in court. (Score:2, Insightful)
Your advice is simple enough. But who is going to pay the legal fees you rack up while fighing this 'uninventtive' patent?
Sure, you might win. But you aren't likely in such a case to get a judge to order the other party to the suit to pay your legal expenses.
So, I guess you better be very sure, before you follow your advice.
Re:Oh please! (Score:3, Insightful)
Re:Python (Score:5, Insightful)
Maybe part of Microsoft's patent is spelling it with studlyCaps.
The lame thing is... (Score:3, Insightful)
If Not foo Is Bar Then
End If
Which is apparently too hard to remember for these VB.NET programmers. In a way it's awkward of course, you write as a C#/C++ programmer: If Foo
So VB.NET designers thought... what about an IsNot operator? This really shows their inability to think: Colliding the Not to the Is operator makes it only work for Is. So I still have to write (if I would opt for VB.NET)
If Not A = B Then
End If
which compares to values, A and B and I can't say:
If A Not = B Then
End If
So, now they'll have for value compare:
If Not A = B Then
End If
and for reference compare you'll have:
If A IsNot B Then
End If
Not only is IsNot redundant, it also makes the language fragile. In the If A IsNot B Then.. example, if A is a class (reference type) and I make it a struct, the code breaks. This could have been avoided if they would have made '=' as a comparison operator for ref and val types.
Comment removed (Score:2, Insightful)
Re:Oh please! (Score:5, Insightful)
Ask the Virtual Dub guy what he did when he got his cease-and-desist letter in the mail from Microsoft.
Re:Now look here... (Score:5, Insightful)
Unfortunately, the USPTO seems to have a large rubber approve stamp to use on all MS patent applications. Microsoft has already receieved several patents of dubious merit, many of which have been talked about here in the past.
People are still getting too caught up on the wrong thing. The problem isn't even what MS is getting a patent on. The problem is a system that allows anyone to patent software at all. Software is already protected by copyright, it had no need for patent protection as well. By allowing people to patent software, we are shooting ourselves in the foot. Innovation will grind to a halt. Who wants to spend years reviewing a large program for potential patent violations? The only companies that will be able to write software will be those that have obtained cross-licensing agreements with one another. In other words, the big companies like MS and IBM. The day of the small programming shop are numbered.
Very few companies innovate. Most have climates that stifle innovation rather than encourage it. Large companies are good at buying up small companies that have made innovations and then turning those innovations into money makers.
If we eliminate the small start ups that are responsible for the majority of innovations in our country, we will be giving away even more of our jobs to other countries who have more rational approaches to intellectual property protection.
In the event we manage to force everyone to acknowledge and enforce software patents throughout the world, we'll slow the pace of innovation in technology at a time when it is needed more than ever.
Doubleplus recursive ungood (Score:3, Insightful)
You forget the most humerous part.
Microsoft is patenting an operation which basicly is CMP at assembly level. This means that Microsoft is patenting something they are using obvious prior art to acomplish. Now, if this goes trough, Intel and AMD will have to pay Microsoft royalties, for Microsoft to have an OS on the x86 platform!
As far as patent abuse and patent chaos goes, this is without a doubt the best, the most stupid and most tailbiting shit I've seen so far.
So far, because I don't rule out the possibility that even more moronic things may come up in the future. *sigh*
Re:For all the people complaining.. (Score:3, Insightful)
Dear AC,
I'm guessing that not calling them "inbred fucktard morons" would be a good start..
Re:Now look here... (Score:4, Insightful)
Speak for yourself mate. This is a US only problem, it's not affecting the rest of us. What's happening is US inovation is speeding up on it's continual decline. Been that way for about 10 years I'd say, and the legal aspect has been a huge part of it. Come up with something new that replaces X? Get sued by the makers of X. When was the last time you heard of the latest gadget coming from the US? Or the take up of some new technology? Broadband was the last big US-led inovation I can think of, other than the segway. In terms of mobile phones, the US is about 3 years behind the UK, and we tail Japan by another year. Television; we'll we've had digital widescreen for about five years, with interactive programming for 3 of them and now recently video on demand (real, with pause controls etc). Over on your side of the pond you are still debating broadcast-flags and the like! You can't do that to innovation, it's not innovative. Someone WILL come along and beat you to it. For example, BitTorrent and RSS is so much more elegant than over-the-air broadcasting, and it threatens to replace TV altogether. Where will the broadcast flag be then? And all the wavelengths auctioned off at high prices? Some one needs to pull their head out the sand quicktime!
The US is going to feel the pain from this for a long time. It's in the finacial shitter and it's digging a deeper hole for itself with each new corporate bought law. A lot of finacial experts believe that this is a large influnce on the "nation building" as they call it. While the war is a cost on the tax payer, it's incredibly good business and the spoils will filter down the economy and give it a kick start. But the world has gotten more complex, with more communication between everyone. You can't just go around starting wars everytime the moneys tight anymore. People start to boycot your products; they refuse to go to your country and you do lose out. It's a PR nightmare.
But that's thing nowadays. Countries mean squat. No one wants to be king or president. You get far more power and pay in business and it's far more obtainable. What the US government doesn't realise is that corporations can only be depended on to do one thing; whatever is in their own best interests. There will come a time when those businesses decide to move elsewhere, as that will be in their best interest. They hold no loyalty to the state. And when those rats leave the ship, there isn't going to be much left.
Re:Oh please! (Score:3, Insightful)
Well then, why don't they lobby to get software patents banned in the U.S.? If the only reason they want patents is to protect themselves from patent lawsuits, then why don't they lobby Congress to get all patents, both theirs and those of others, stricken invalid, levelling the playing field in one swoop?
Money drives Congress. Is it logical? Is it popular? Is it right? These things are usually given shorter shrift than whether some interest is willing to contribute to a campaign fund in support of it. By lobbying Congress against software patents, we could possibly get some real progress in this area with a lot less trouble than we face right now.
But they're not, are they? Thus we should view any and all software patents by them with suspecion.
(The same goes, by the way, for IBM and Apple. The only wholly positive approach to take here involves trying to get the law changed.)