Slashdot Mirror


Microsoft Patents 'IsNot', Enlists WTO

Milhouse102 writes "I was just reading an article on The Register about Microsoft's offshore patent war following Ballmer's recent outburst in Asia. I came across this little nugget, it seems MS has patented BASIC's IsNot operator."

73 of 720 comments (clear)

  1. Am too. by Raven42rac · · Score: 5, Funny

    I am going to patent "is too" and "nuh uh".

    --
    I hate sigs.
    1. Re:Am too. by mothz · · Score: 5, Funny

      Nuh uh! Amazon already holds those patents.

    2. Re:Am too. by RangerRick98 · · Score: 4, Funny
      Nuh uh! Amazon already holds those patents.


      That is correct. We'll see you in court.

      Signed,
      Amazon.com
      --
      "You're older than you've ever been, and now you're even older."
    3. Re:Am too. by harrkev · · Score: 3, Funny

      I think that I am going to patent squishing ELSE and IF into one command which I shall call [sound of drums playing in the background} ELSIF. No applause necessary.

      Another "duh" moment in the patent office.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    4. Re:Am too. by FatAlb3rt · · Score: 4, Funny

      No big deal, we can use IsKnot or iSnot instead.

    5. Re:Am too. by byolinux · · Score: 4, Funny

      Netcraft confirms it... BASIC IsNot dying

    6. Re:Am too. by Mold · · Score: 5, Funny

      iSnot? So you work at Apple?

      The iSnot. I like it. It has potential. I wonder how much it will cost.

    7. Re:Am too. by Tablizer · · Score: 3, Funny

      My kids are gonna to bankrupt me:

      Is too! ($0.20)

      Is not! ($0.40)

      Is too! ($0.60)

      Is not! ($0.80)

      Is too! ($1.00)

      Is not! ($1.20)

      $etc...

    8. Re:Am too. by TheDauthi · · Score: 5, Funny

      Spoken like a true Apple fan: asking how much it costs before what it does! Sorry, couldn't resist.

    9. Re:Am too. by jackbird · · Score: 5, Funny
      The iSnot. I like it. It has potential. I wonder how much it will cost.

      I'm sure Apple will make you pay through the nose.

    10. Re:Am too. by Anonymous Coward · · Score: 3, Insightful

      Uhh, IsObvious IsPriorArt ???

      Makes me think of another way to save money on govt spending. Simply replace all patent examiners with a rubber stamp that says "approved". Think about it, would we notice any difference?

    11. Re:Am too. by dgatwood · · Score: 3, Funny
      Very effective... looks like a pair of thin earbuds, only you don't stick it in your ear. It's an iPod accessory that playes music up your nose at a high volume to help clear up sinus conditions. Sound like a good idea? Anybody? Anybody?

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    12. Re:Am too. by Shinmizu · · Score: 3, Funny

      postgreSnot runs faster under most loads than mySnot, so I'll just stick with it.

    13. Re:Am too. by chris_mahan · · Score: 3, Funny

      Yes. There would be marked government savings; something which is clearly against the current administration's thrust, and would be labeled eevul.

      But to take it one step further, the government could just outsourse the rubberstamping to some foreign country, so that the current expensive rubberstamping solution would be just as expensive for us, but would provide a hidden US government subsidy to said country.

      I would not be surprised to find out that future patents will be rubberstamped by children in the slums of Baghdad.

      With Extra SarcaSauce, the administration will defend its policy by stating: "They should be glad to be alive."

      --

      "Piter, too, is dead."

    14. Re:Am too. by Ctrl-Z · · Score: 3, Interesting

      That could be useful for Smell-O-Vision. The future is here... today!

      --
      www.timcoleman.com is a total waste of your time. Never go there.
  2. oblig by Anonymous Coward · · Score: 4, Funny

    Somehow, this IsNot funny.

  3. IsNot Microsoft? by mfh · · Score: 4, Funny

    Hmmm Microsoft patents IsNot so we can't say Microsoft IsNot Linux or Mac, right? Maybe because they don't want us to say Microsoft IsNot good? IsNot fair? IsNot using best practice? I guess they are trying to surpress our complaining.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:IsNot Microsoft? by Iphtashu+Fitz · · Score: 4, Funny

      My operating system of choice IsNot Microsoft Windows
      My favorite software company IsNot Microsoft
      My favorite internet company IsNot Microsoft
      My news site of choice IsNot MSN
      My webmail site of choice IsNot Microsoft Hotmail
      My game console IsNot a Microsoft XBox
      My favorite CEO IsNot Microsofts Steve Ballmar
      My... oh forget it....

    2. Re:IsNot Microsoft? by jimicus · · Score: 3, Informative

      The patent claim makes interesting reading. Specifically:


      2. The system of claim 1, wherein the compiler is a BASIC-derived programming language compiler.
      3. The system of claim 1, wherein the operator is IsNot.


      Most of the other claims simply describe how a compiler goes about producing executable code.

      IANAL, but does this mean that any language which wasn't BASIC derived would be free to implement this? Similarly, you could work around it simply by calling the operator Isnt.

    3. Re:IsNot Microsoft? by Qzukk · · Score: 3, Insightful

      IANAL, but does this mean that any language which wasn't BASIC derived would be free to implement this?

      No, because 1 stands alone, you can't use it anywhere. 3 combines with 1, but isn't affected by 2, so if you wrote your own language that wasn't basic but used the word isnot, you'd still be infringing 1 and 3 (and any other claims that might apply)

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    4. Re:IsNot Microsoft? by -brazil- · · Score: 3, Funny

      you could work around it simply by calling the operator Isnt.


      Or even aint :)

      --

      The illegal we do immediately. The unconstitutional takes a little longer.
      --Henry Kissinger

    5. Re:IsNot Microsoft? by mindaktiviti · · Score: 5, Funny

      Well since IsNot is already patented, let me convert that to legal pseudo code:

      Microsoft Windows = sux0r
      Microsoft Inc = sux0r
      MSN news = sux0r
      Microsoft Hotmail = sux0r
      Microsoft XBox = sux0r
      Microsoft CEO Steve Ballmar = pwn3d.

  4. Not Quite by RangerRick98 · · Score: 5, Informative

    Unless I'm mistaken, they've only applied for a patent; it has not yet been granted. Sadly, given the state of the patent system nowadays, it would not surprise me if it is granted.

    --
    "You're older than you've ever been, and now you're even older."
    1. Re:Not Quite by southpolesammy · · Score: 5, Funny

      Slashdot headline, July 23, 2006 -- Patent IsNot Granted.

      800 posts later, slashdotters still haven't deciphered the meaning of the headline.

      --
      Rule #1 -- Politics always trumps technology.
    2. Re:Not Quite by servoled · · Score: 5, Informative

      Yes, this is a publication of a pending patent application. The easy to tell is to look at the number: 20040230959.

      Published patent applications use the format of YYYY/####### to denote the Year and the number in which the application was received.

      Granted patents have the format of ####### with no year attached to denote the order in which the patent was granted. They are someone around 6,800,000 right now.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    3. Re:Not Quite by BigDork1001 · · Score: 5, Funny
      Slashdot headline, July 24, 2006 - Patent IsNot Granted.

      800 posts later, Slashdotters still are complaining about the dupe.

      --
      "Armed forces abroad are of little value unless there is prudent counsel at home" - Cicero
    4. Re:Not Quite by Zaiff+Urgulbunger · · Score: 4, Insightful

      If the purpose is to create uncertainty, then even the merest hint, of thinking about, possibly, applying for a patent, may actually be as effective as being granted one!

  5. Patents should be denied to convicted monopolists by scorp1us · · Score: 4, Interesting

    If the whole idea of sanctioning a company because it formed and mainatined a monopoly through anticompetitive practices is to restore competition in the industry, why do we continue to allow it to secure a temporary monopoly in that industry? PARTICULARLY WHEN THEY ARE STILL BEING SANCTIONED?

    I think it is a travesty that MS is allowed to aquire IP though the goverment that is sanctioning them. How does that restore competition? It is blatantly counter productive.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  6. It's brilliant... by ravind · · Score: 4, Funny

    For future applications, the patent office will have to pay them to say "This IS NOT original".

  7. So am I infringing if... by N+Monkey · · Score: 5, Informative

    After a quick read of the patent, it seems to say that it is a test to see if two "variables" are actually the same entity, i.e. at the same address.

    That would seem to imply

    #define IsNot(A,B) (&(A) != &(B))

    infringes?

    Surely this is done in things like memmove() to prevent overwriting of data?

    1. Re:So am I infringing if... by Anonymous Coward · · Score: 4, Informative
      More to the point, the operator has existed in Lisp since at least the '60s:

      (neq a b)

      In Java the operator is simply !=, which tests for pointer equivalence in all non-numerical cases:

      a != b

      But ISNOT is likely a Bill Gates invention. It would seem the whole of the patent rests on a single claim, #2: the operator being in BASIC. Can this possibly stand up?

    2. Re:So am I infringing if... by k4_pacific · · Score: 5, Insightful

      Perhaps the intent is to keep implementations of Visual BASIC from springing up on other platforms. A great deal of software out there is still written in VB and this code often stands in the way of getting off of Windows for good.

      --
      Unknown host pong.
    3. Re:So am I infringing if... by OblongPlatypus · · Score: 3, Informative

      Unless I'm completely mistaken, each of the claims in a patent stands separately, so if the patent is granted, the first claim would have merit on its own, and a C version would indeed infringe.

      --
      -- If no truths are spoken then no lies can hide --
    4. Re:So am I infringing if... by jkabbe · · Score: 3, Insightful

      Each claim stands on its own unless it makes reference to another claim. Claims 1, 15, and 21 are independant claims - that do stand on their own. The others are additional "inventions" that are narrower than the independantly claimed "inventions."

      So if Claim 1 would cover something that C or another language already does, the claim is invalid and should be rejected.

  8. Is the 'Is' operator patented? by TreadOnUS · · Score: 4, Insightful

    If so, the 'IsNot' operator is obvious and therefore not a good candidate to be patented. Of course what MS is really trying to do here is patent a representation of logic.

    1. Re:Is the 'Is' operator patented? by albalbo · · Score: 5, Informative

      Actually, they specifically admit "Is" as prior art, the example they give is:

      If (Not(A Is B)) Then (Goto Z) End If

      By generating an IsNot operator, such that Not(A Is B)===(A IsNot B), you're re-ordering the sentance:

      If (A IsNot B) Then (Goto Z) End If

      That's what they're trying to patent. The use of a keyword rather than boolean logic. I rather hope and suspect this patent will fail for insufficient inventive step.

      --
      "Elmo knows where you live!" - The Simpsons
  9. c'mon.... trivial prior art by arn0n · · Score: 3, Informative
    From the patent application:
    A system, method and computer-readable medium support the use of a single operator that allows a comparison of two variables to determine if the two variables point to the same location in memory.

    Prior art:
    The C operator !=, for comparing two pointers.

  10. Attention Europe by Anonymous Coward · · Score: 3, Insightful

    See what is going on? do you want this, too?

    1. Re:Attention Europe by Zocalo · · Score: 4, Interesting
      Oh I think our governments are starting to see what's going on alright. Poland just this week removed its support for the EU patent directive which means it no longer has enough support to pass. France and the UK have stated that FOSS is a viable alternative for government deployment and should be considered alongside commerical alternatives, Germany is already using it in Munich of course. Given Steve Ballmer's recent comments in Malaysia about "use Linux and get sued", do you really think these governments are going to to pass legislation to enable themselves to be sued?

      Kinda ironic that Microsoft should provide the anti-IP patent lobby with one of their strongest arguments to date, but it just goes to show that Microsoft doesn't understand *NIX. Certainly not the parts about *NIX making it really easy to shoot yourself in the foot at any rate... :)

      --
      UNIX? They're not even circumcised! Savages!
  11. Re:Yeah, well, I'm gonna patent IsToo! by Anonymous Coward · · Score: 4, Funny

    This is a direct attack against GNU/Linux, no longer will GNU be GNU isNot UNIX!

  12. This is disgusting! by kuwan · · Score: 5, Insightful

    If ever there were an example of how completely broken and useless the current patent system is then this is it. This makes you think, what other obvious and trivial functions have been granted patents? Can I get a patent on strcmp? I'll just apply for a patent on my new, special function that I just recently came up with. It's called StringCompare!

    As I right this my colleagues are writing up patent applications for the !=, ==, &&, ||, &, and | operators. I expect these applications to be granted shortly, after which we'll own all your code and Microsoft will be my bitch.

    --
    Sounds like a scam, but it works.
    Free Flat Screens | Free iPod Photo |

    1. Re:This is disgusting! by freepath · · Score: 3, Insightful

      Apparently the patent is still pending. If it is granted I would call it an example of how the system is broken. Until then it's just fluff that doesn't mean much.

      Anyone can file an application for a retarded patent, but it won't necessarily be granted. More to the point, this is so stupid it makes Microsoft look bad. What kind of company wastes their investment dollars filing this crap?

  13. To quote Clinton... by MarkEst1973 · · Score: 5, Funny

    It depends on what your definition of "is" is...

  14. Microsoft patents ones and zeros... by kuwan · · Score: 4, Funny

    In other news... (From an old Onion article)

    REDMOND, WA--In what CEO Bill Gates called "an unfortunate but necessary step to protect our intellectual property from theft and exploitation by competitors," the Microsoft Corporation patented the numbers one and zero Monday.

    With the patent, Microsoft's rivals are prohibited from manufacturing or selling products containing zeroes and ones--the mathematical building blocks of all computer languages and programs--unless a royalty fee of 10 cents per digit used is paid to the software giant.

    "Microsoft has been using the binary system of ones and zeroes ever since its inception in 1975," Gates told reporters. "For years, in the interest of the overall health of the computer industry, we permitted the free and unfettered use of our proprietary numeric systems. However, changing marketplace conditions and the increasingly predatory practices of certain competitors now leave us with no choice but to seek compensation for the use of our numerals."


    Read More.

    --
    Sounds like a scam, but it works.
    Free Flat Screens | Free iPod Photo |

    1. Re:Microsoft patents ones and zeros... by albalbo · · Score: 5, Informative

      UK patent application GB0312175.3, someone already tried:

      "The applicant appeared to be trying to protect the use of '0' and '1' in computer technology. [...] The applicant appeared to have completely misunderstood the patent system, and had not actually invented anything."

      Via softwarepatents.co.uk. Well, at least *that* didn't get through. ARM's patent on the use of pointer arithmetic in CPU emulators *was* allowed, though.

      --
      "Elmo knows where you live!" - The Simpsons
  15. Re:Yeah, well, I'm gonna patent IsToo! by bogado · · Score: 3, Funny

    But I do have the patent on IsToo non-enumarable infinity, witch is larger then IsToo infinity. I win!

    --
    []'s Victor Bogado da Silva Lins

    ^[:wq

  16. Elegance. by Moby+Cock · · Score: 4, Funny

    There is a sublime although disturbing elegance in the fact that it is illogical to allow MS to patent a logic operator

    I am currently trying to patent multiplication so all of you owe me a nickel everytime you times.

  17. Re:Microsoft Also Patents by fred+ugly · · Score: 5, Funny

    Lemme guess. "I'm not an English major."

    I believe you mean, "I IsNot an English major."

  18. RTFA - Not that bad, but still bad. by borkus · · Score: 4, Interesting

    The patent isn't easy reading, but if you plow through enough of it you get to an example in code

    [0003] Class x
    [0004] Dim y As Integer
    [0005] End Class

    [0006] Class x in this case is defined to contain a member of type "Integer", which is to say that if the item stored at memory location 252 is a variable of class x, the contents of memory location 252 will comprise an Integer. Suppose now that the following code is executed:

    [0007] Dim a As x
    [0008] a=New x( )

    [0009] The first line of code defines variable a to be of class x while the second line creates a new instance of x 254 on the heap, a pointer to which is stored in variable a 256.

    It looks like their patenting using the Basic IsNot operator on object comparisons in Basic. It's a pretty limited patent.

    On the other hand, I'm baffled that you can patent overriding a specific operator in a specific language. There's considerable prior art in overrding operatorsin general.

    Of course, the problem with patent abuse by a few people is that it prompts others to do the same. Don't want someone to patent a piece of technology out from under you? Patent it first!

  19. Before you get too upset.... by N+Monkey · · Score: 3, Informative

    If ever there were an example of how completely broken and useless the current patent system is then this is it.

    Before you burst a blood vessel, this appears to only be a patent application, not a granted patent.

    The USPTO "recently" changed its rules (to match the rest of the world) and no publishes applications before they are granted.

  20. Isn't mathematics unpatentable? by yeremein · · Score: 4, Insightful

    I know some patent applications are obfuscated enough that USPTO workers can't tell whether they're patentable so they just rubber stamp them--but this is absurd. If it weren't on uspto.gov, I'd assume it was a hoax.

    The != operator does essentially the same thing in C++, and it's been around for decades. Why is applying a well-known, absolutely trivial concept to another domain patentable? Heads should roll at the USPTO for this.

    1. Re:Isn't mathematics unpatentable? by Craig+Ringer · · Score: 4, Informative

      Umm... no, it doesn't.

      The Python 'is not' operator does, but to get the same effect in C/C++ you must, as another poster noted, do the equivalent of

      &a != &b

      to determine if they're the same object. It's not an equality test, it's an identity test.

  21. Re:Prior art by rdc_uk · · Score: 3, Interesting

    Point 1:
    "evaluating to true when the first operand and the second operand point to different memory locations"

    The patent appears to cover a single operator (in BASIC, but that is an aside) which does JUST a comparison of whether the 2 operands in fact reside at the same memory address. (e.g. if they were 2 references to instances of the same class, it will tell you if they are in fact references to the same instance of that class)

    The C operator != in fact tells you if 2 operands share the same VALUE. This is a different concept, though in the case of pointers you could use it to perform the same test as above. != is NOT an operator with that use as its sole purpose.

    Point 2:
    "When I compare the value of pointers, I'm comparing what memory address they point to... got that? Ok, so when I compare two pointers using != I'm testing that they don't point to the same memory adddress... ok?"

    When you declare a pointer (to anything) in C, you in fact declare some form of integer; the exact type varies with your compiler and OS, but its just a NUMBER. When you use the != (or any other logical conparison operator) with that variable, you are in fact just comparing 2 numbers to each other. If you have written your program well, you may in fact be comparing 2 memory addresses, but consider that this is valid C code, and is using the != comparator on two "pointers":

    int x = 3000;
    void *a =
    void *b = x;

    int r = (a != b);

    Depending on your choice of number to put in x, you might even manage to get a "true" result from that.

    Your knowledge of how pointers actually work seems a tad lacking. You probably think there are no pointers in Java too...

  22. IsNot IsNot in BASIC yet by unfortunateson · · Score: 5, Informative
    This really boils down to a RTFA, but I'll expound here:

    First off, the IsNot operator is not part of VB 6.0 or VB.net 2003 (I haven't checked 2005, which is still in Beta)

    Second, if you undestand VB's "Is" operator, IsNot makes more sense.

    "Is" is a memory location comparison commonly used to see if two variables point to the same object, e.g.
    objThisControl Is objTheControlICareAbout
    . It does not compare the values of the variables, only that they are pointers to the same object.

    Because there is no inverse version of this operator like there is with "=" and "", you end up with non-natural-language statements such as
    If Not (objThisControl Is objTheControlICareAbout) Then
    Much more natural looking is
    If objThisControl IsNot objTheControlICareAbout Then
    Whether this is patentable is another issue. But you can certainly patent a published idea -- it's the only way to protect it.
    --
    Design for Use, not Construction!
  23. Re:Only pertains to BASIC by servoled · · Score: 5, Informative
    Each claims stands alone. So, only claim 2 would be limited to BASIC, while claims 1, 3 and 4 would apply to any programming language.

    The dependent claims (2, 3 and 4) are merely shorthand to avoid writing the entire claim out each time, but for purposes of what they cover, you should read the claims like this:
    1. A system for determining if two operands point to different locations in memory, the system comprising: a compiler for receiving source code and generating executable code from the source code, the source code comprising an expression comprising an operator associated with a first operand and a second operand, the expression evaluating to true when the first operand and the second operand point to different memory locations.

    2. A system for determining if two operands point to different locations in memory, the system comprising: a compiler for receiving source code and generating executable code from the source code, the source code comprising an expression comprising an operator associated with a first operand and a second operand, the expression evaluating to true when the first operand and the second operand point to different memory locations, wherein the compiler is a BASIC-derived programming language compiler.

    3. A system for determining if two operands point to different locations in memory, the system comprising: a compiler for receiving source code and generating executable code from the source code, the source code comprising an expression comprising an operator associated with a first operand and a second operand, the expression evaluating to true when the first operand and the second operand point to different memory locations, wherein the operator is IsNot.

    4. A system for determining if two operands point to different locations in memory, the system comprising: a compiler for receiving source code and generating executable code from the source code, the source code comprising an expression comprising an operator associated with a first operand and a second operand, the expression evaluating to true when the first operand and the second operand point to different memory locations, wherein the compiler comprises a scanner, a parser, an analyzer and an executable-generator.
    --
    "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  24. Re:Only pertains to BASIC by ajakk · · Score: 4, Interesting
    First, this is a patent application, thus it has not yet been granted by the patent office. Even though they have let some stupid stuff through, there is no way that the PTO will let something this bad be granted a patent.

    On the other hand, this patent does not apply only to the BASIC language. Each claim of a patent is treated as a seperate patent. Thus claim one covers any system that does the particular operation. Claim two covers a system where the compiler is a BASIC compiler. Claim three covers any system where the operator used is "IsNot" regardless of whether or nor the language is BASIC. Claim four covers any system wherein the compiler comprises a scanner, parser, analyzer, and executable generator (regardless of language).

  25. Prior art already in BBC Basic by serviscope_minor · · Score: 4, Informative

    10 DIM A 10
    15 REM this is equivalent to A=malloc(10)
    20 B=A ... ...
    100 IF BA THEN ...

    So this tests to see if two variables point to the same memory location, in a variant of Basic which has been in use since about 1982.

    BBC Basic supports pointers, proper indirection, indexed indirection and dynamic allocation.

    --
    SJW n. One who posts facts.
  26. The relevant Blog entry of the "inventor" by grungeman · · Score: 5, Informative

    http://www.panopticoncentral.net/archive/2003/11/1 7/243.aspx#Comments

    And he writes that they "had requests for this in the past", so they did not even invent it, but some users suggested it.

    Finally check out the comments of the VB users below wetting their pants for this little feature. Now isn't that really sad?

    --

    Signature deleted by lameness filter.
  27. Re:Prior art by Waffle+Iron · · Score: 5, Insightful
    Python also has this operator:

    a is not b

    Microsoft's incredible insight here seems to involve taking Python's 10-year old technology, porting it to BASIC, and heavily optimizing it by removing the whitespace sytactic sugar between 'is' and 'not'. (This saves over 16% space!)

    If anything was more worthy of patent protection, I don't know what it could be.

    Actually, it's pretty obvious that the motivation for such a stupid little patent that applies to one language is simply to prevent people from reimplementing the language as a whole. Nobody cares about IsNot itself, including Microsoft. However, since 100% code compatibility is required to do a full reimplementation, this essentially would grant them a 20-year monopoly on compatible implementations of VB.

    This is one of the worst things about the current patent system. Patent holders are allowed to use patents on small things to control access to huge things. Patents should somehow be changed to only protect the claims in the patent, they should not be allowed to use compatibility issues to amplify small patents into generalized barriers to entry of a whole industry.

  28. Prior art for sole ondependent claim by originalhack · · Score: 4, Informative

    So, just sent a registered letter to the patent examiner with a registered copy to the attorneys pointing out that there is prior art for claim one. this 1998 ISO comment, this 1997 IBM document or a few zillion others.

  29. What they're really going after is open source. by cnb · · Score: 3, Funny

    GNU is Not Unix.

    Pine Is Not Elm.

    Wine Is Not an Emulator. ....

  30. Re:Prior art by Phillup · · Score: 5, Interesting
    Here is the first claim:
    A system for determining if two operands point to different locations in memory, the system comprising: a compiler for receiving source code and generating executable code from the source code, the source code comprising an expression comprising an operator associated with a first operand and a second operand, the expression evaluating to true when the first operand and the second operand point to different memory locations.
    My understanding is that each and every claim stands on it's own.

    Now, some claims refer to other claims... so, you can kill multiple claims by killing the underlying claim.

    But, claim #1 says absolutely nothing about BASIC.

    Also, when I read it, I get the impression that BASIC is mentions for demonstration purposes only, that the claim is for everything like BASIC.

    For example, I see this:
    [0015] A system, method and computer-readable medium support the use of a single operator that allows a comparison of two variables to determine if the two variables point to different locations in memory, that is, the reverse of the existing "Is" operator in a BASIC programming language or a derivative of BASIC or BASIC-like programming language. In one embodiment of the invention, the memory locations represent objects. The new operator enables a user to determine if the left operand (e.g., a reference type) "is not" the same instance as the reference type listed as the right operand. The use of a single operand for this concept may increase the readability of the programming language.
    Which mentions derivitaves of BASIC and BASIC like languages. And, it mentions in one embodiment of the invention, the memory locations represent objects.. (Can you say dot net?)

    Here is another part that makes me think it isn't just BASIC:
    [0029] FIG. 2 and the following discussion are intended to provide a brief general description of a suitable computing environment in which the invention may be implemented. It should be understood, however, that handheld, portable, and other computing devices of all kinds are contemplated for use in connection with the present invention. While a general purpose computer is described below, this is but one example, and the present invention requires only a thin client having network server interoperability and interaction. Thus, the present invention may be implemented in an environment of networked hosted services in which very little or minimal client resources are implicated, e.g., a networked environment in which the client device serves merely as a browser or interface to the World Wide Web.
    Again, the mention of a browser and the web make me think of dot net.

    Then, in paragraph [0041] we see this sentence:
    One such design environment may be MICROSOFT VISUAL BASIC .NET, BORLAND DELPHI or the like.
    Which tags two non-BASIC languages (.net and delphi/pascal)

    I think that if you read it closely you start getting the impression that they are trying to patent an idea that is expressed in many programming languages.

    Not just an implementation in one language.
    --

    --Phillip

    Can you say BIRTH TAX
  31. From the release notes of NonMSVisualBasic by magefile · · Score: 3, Funny
    From the release notes of NonMSVisualBasic:

    NonMSVisualBasic (NMSVB for short) is identical in every respect to Microsoft Visual Basic [trademark owned by Microsoft, all rights reserved by them] except that it lacks an IsNot operator. Instead, please use one of the following methods:
    • !Is()
    • MicrosoftSucksAss()
    • SoftwarePatentsSuckAss()
    • NotIs()
    We apologize for the inconvenience; please direct all further questions on this issue to billg@microsoft.com.
  32. There is no WTO issue here. by de+la+mettrie · · Score: 4, Interesting
    The article states: "If Microsoft can convince the TRIPS enforcers that massive patent infringement is taking place, it doesn't need to convince a court.".

    It so happens that IAMAITL (I am an international trade lawyer). I can assure you that the article, in that regard, is utter bullshit on various levels:

    • First, the "TRIPS enforcers" are the national courts. The TRIPS provision the article links to specifically requires the WTO Member nations to provide for courts to review alleged patent violations. The WTO by itself does not (directly) enforce anything.
    • Second, it is very much open to academic debate whether WTO Members must recognise software patents at all under the TRIPS. Most WTO Members still don't, and there is no WTO case law on this issue.
    • Third, the TRIPS (like most national patent laws) excludes from patentability inventions that are not new, useful and non-obvious. These safeguards can still be invoked to protect one's software against fraudulent patents.
    • And finally, nowhere in the article is there any mention that MS does in fact want to use the WTO in any way to enforce their patents. It only links to the WTO provisions at issue and goes on to ramble on how bad it would be if MS could indeed press the WTO into its service in the way the author imagines.

  33. Microsoft HAS NOT PATENTED 'IsNot' by crow23 · · Score: 3, Informative

    If you check the PTO web site, it is for "published patent applications."

    Microsoft applied for a patent on "IsNot" on May 14, 2004, and the patent was published 18 months later on November 14, 2004.

    This doesn't mean that the patent will issue and that Microsoft will receive patent protection for the operator. The author is getting ahead of himself...

  34. Re:I'm gong to be rich! by trick-knee · · Score: 4, Funny

    probably a vi user. I bet his ESC key is worn out also.

  35. Re:Wheel keeps turning by trick-knee · · Score: 4, Funny
    Next thing you know they will get a patent on the whole "One or Zero" thingy.

    been there. done that.

  36. GNU? by srichand · · Score: 3, Funny

    Say, this is bad for GNU. You know, GNU isNot unix.

  37. Free - Just 'Pick' one... by jimboid · · Score: 3, Funny

    ... at a store near you.

    1. Re:Free - Just 'Pick' one... by TykeClone · · Score: 3, Funny

      They come in a lovely light green color.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
  38. Re:I'm gong to be rich! by Anonymous Coward · · Score: 5, Funny

    probably a vi user. I bet his ESC key is worn out also.

    No, but you should see his colon....

    Never mind, forget I said that.

  39. Thank you, Prez Clinton. by Moofie · · Score: 3, Funny

    It depends on what the definition of "IsNot" is.

    --
    Why yes, I AM a rocket scientist!
  40. Re:Respuesta obligatoria de Futurama by neuro.slug · · Score: 3, Funny

    Die, my brilliant metal asshole?

    Is that a Babelfish translation or did I screw that up entirely :)

    -- n