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Winelib Hobbled by Exception-Handling Patent

davidwr writes "UKBuilder.com reports that Borland's structured exception handling (SEH) patent affects Winelib. Winelib allows you to compile Windows-targeted code to run natively on Linux. Because of the patent, gcc does not include support for SEH, which is widely used in the MS-Windows world. There are workarounds, but you won't like them."

409 comments

  1. Who Next? by geomon · · Score: 4, Interesting

    I'm sure that Wine was looking for a Microsoft-based patent attack, but this one probably caught many off guard.

    Who else may have submarine patents might affect the development of Wine?

    --
    "Rocky Rococo, at your cervix!"
    1. Re:Who Next? by Curtman · · Score: 4, Interesting

      Makes you wonder if Eben Moglen did anybody a favour in bringing people's attention to Wine's potential patent problems. With patents its best not to even look for them. This just gives Borland ideas I'm sure. They don't have any products to sell these days do they? Why not expand into the litigation market.

      Its great that there are lawyers willing to spend time on OSS projects, but they just dumped a whole pile of hurt on Wine if Borland pursues this.

    2. Re:Who Next? by geomon · · Score: 1

      I can think of one other open source package that *can* link to proprietary libraries to get enhanced capabilities.

      Best just to keep it to ourselves, I guess.

      --
      "Rocky Rococo, at your cervix!"
    3. Re:Who Next? by wallykeyster · · Score: 5, Insightful
      Its great that there are lawyers willing to spend time on OSS projects, but they just dumped a whole pile of hurt on Wine if Borland pursues this.

      How do you figure? TFA simply says that gcc can't implement the features because Borland has a patent. This means that people wanting to use Winelib must remove the SEH portions of their code in order for it to compile. This is a story about a shortcoming of gcc and Winelib because so many Windows C++ developers use SEH instead of sticking to standard C++. I see no threat of lawsuit from Borland or any potential for it.

    4. Re:Who Next? by Red+Alastor · · Score: 4, Insightful

      Borland use winelibs in their Linux Delphi/C++ Builder version called Kylix so they don't have to rewrite all the Windows native code.

      By suing the Wine folks, they'd shoot themselves in the foot.

      --
      Slashdot anagrams to "Sad Sloth"
    5. Re:Who Next? by mboverload · · Score: 1

      I doubt Borland cares.

    6. Re:Who Next? by AndroidCat · · Score: 1

      Borland's already been through the look and feel wars of back-when. I can't see them wanting to get involved in litigation on the offensive side.

      --
      One line blog. I hear that they're called Twitters now.
    7. Re:Who Next? by Curtman · · Score: 1

      I can think of quite a few. Patents suck. They just lead to rediculous situations like this one. (Thanks Apple)

    8. Re:Who Next? by Curtman · · Score: 1

      How do you figure?

      Sorry, I'm making a generalization. That's just the first thing I thought of when I read the story the other day.. "Uh oh, here they come".

    9. Re:Who Next? by Curtman · · Score: 1

      Borland use winelibs in their Linux Delphi/C++ Builder version called Kylix

      Thats a good point. So they could either do the right thing and donate a license, or use their patent to gain some control over Wine.

      /me keeps his fingers crossed.

    10. Re:Who Next? by Klivian · · Score: 1

      Since compilers are one of Borlands core products, I think they very much care.

    11. Re:Who Next? by smittyoneeach · · Score: 1

      Borland can certainly benefit from free advertising if they do the right thing here.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    12. Re:Who Next? by absinthminded64 · · Score: 3, Insightful

      It seems to me after I RTFA that the wine group actively identified this as being a problem and pursued corrective measures. The article also mentions that PostgreSQL replaced some of their functionality recently to avoid conflicting with an existing IBM patent even though IBM declares that it will not use it's patent war chest against any OSS projects. I think this sends a clear signal that the community is aggressively looking for this type of thing. I've no idea how Borland has been doing financially over the past few years but it definitely seems worthwhile to ensure that smaller companies dont have something like this to use against us. A small company claiming to own rights to significant portions of the linux kernel, or even patents covering something widely used within could really cause a black eye. I also think it's safe to say that SCO has inadvertently shown the other players how voiced, and loyal the OSS crowd is. This is sucky news but it is encouraging to know we're looking for this type of thing. With Microsoft patenting breathing and other bodily functions (Windows seems to be proficient at one or more bodily functions) independent developers have to be very discouraged.

    13. Re:Who Next? by Eric+Damron · · Score: 1

      "This just gives Borland ideas I'm sure. They don't have any products to sell these days do they? Why not expand into the litigation market."

      I haven't heard ANY evidence that Borland intends to enter into the "litigation market." Let's not let SCO make us all cynical.

      --
      The race isn't always to the swift... but that's the way to bet!
    14. Re:Who Next? by Curtman · · Score: 1

      Let's not let SCO make us all cynical.

      I became cynical a looooooong time ago.. Before SCO became SCO and was still Caldera, and when they used to be the good guys, and the SCO of those days were partly owned by Microsoft but were some how also sort of the good guys.

    15. Re:Who Next? by vsprintf · · Score: 1

      I think this sends a clear signal that the community is aggressively looking for this type of thing.

      With the USPTO issuing software patents for every trivial and obvious thing ever coded, if OSS is searching out this kind of thing, the movement will soon grind to a halt. As others have said, it's probably better not to go looking for it and let the fight come to us. Once enough companies/governments are dependent on OSS, serious threats from patent holders might get TPTB to take a new, hard look at software patents in general (well, a guy can hope).

    16. Re:Who Next? by vsprintf · · Score: 1

      I haven't heard ANY evidence that Borland intends to enter into the "litigation market." Let's not let SCO make us all cynical.

      Sorry, too late. I was cynical even before Rambus.

    17. Re:Who Next? by Curtman · · Score: 1

      It seems to me after I RTFA that the wine group actively identified this as being a problem and pursued corrective measures.

      Yeah, and if that is what prompted Eben Moglen to bring this up in the first place, then I feel terrible for even suggesting that he endangered the project. It was a bad assumption on my part. I should know better than to second guess the man, he's done more for free software than I can ever hope to.

    18. Re:Who Next? by steeviant · · Score: 1

      "...the bytecode interpreter is still available and can be toggled on at compile time, for those that want to use it anyway (because they purchased a license from Apple..."

      I'd love to know why the hell the ft2 library supplied with x11 on OS X still renders truetype fonts like every other version of ft2, if they own these patents and it's just a matter of changing some options at compile time. Would apple really sue their own coders for infringing a patent in their own product?

      Double-thanks Apple!

    19. Re:Who Next? by X.25 · · Score: 1

      Makes you wonder if Eben Moglen did anybody a favour in bringing people's attention to Wine's potential patent problems.

      Better sooner than later.

      Hiding and hoping "it won't happen" will not do any good.

    20. Re:Who Next? by Anonymous Coward · · Score: 0

      Borland is in bed with Microsoft, they may try to do something. But after the SCO fiasco, only a fool will try to mess with penguins, so who knows . Surely it looks like Borland sacrificed its own product Delphi for Linux - Kylix ( which is using winelib) just to buy M$ some time and to spread .NET. M$ attacks by proxy (SCO example), and they don't care about the well-being of the consumed company.

    21. Re:Who Next? by Anonymous Coward · · Score: 0

      Hiding and hoping "it won't happen" will not do any good.

      Sounds like you speak from experience. Did your "uncle" teddy touch you in naughty places?
    22. Re:Who Next? by PReDiToR · · Score: 1

      What occurs to me is that maybe it is time for someone to start taking OSS projects and go guerilla with them, releasing one major version of each project that says "screw you" to all patents and show the world just how much development is being held back by patents.
      To actually take a step forward and use all these methods and technologies that the human race has thus far invented instead of hiding them away from the world and licensing them out to those with the money rather than those who would actually use them for the benefit of us lowlies that have to use computers.

      Take the Stacker code that MS included with DOS 6. I know this was code and not method, but the idea works for this argument, I think.
      Without the ability to Doublespace the tiny hard drives we had back then (mine was 30MB), how many people would have had to spend a lot more money on IDE devices; pushing up production, creating more pollution, making the home acceptance of PCs even slower than it already was?
      I know there were alternatives, Superstore and Stacker, but MS did the world a favour by including the technology in the [D]OS that came with the computer for most people.

      MS ripped off the code owners, but not a lot of people cared because they were getting the benefit of some great coding from a company that could afford to rip off the smaller companies.

      Now the tables have turned, there are people willing to give code away for free if they are given the chance. If people weren't too fussed about the credit for these submissions/releases then accountability would have to rest with the end user.
      Admittedly this could lead to RIAA type prosecution of the end user, i.e. everyone who runs WINE, but if they have to prosecute everyone who has a Linux distribution with WINE included then it is the system that is at fault, rather than the users. Government by the corporations, for the corporations and all that.

      I know this is an irresponsible post, but damnit Jim, I'm a programmer, not a lawyer!

      I just want to write software without having to worry about using the morse code button for user input because some corporation wants to price my product out of the market by owning the API call to take keyboard input.

      --

      Do not meddle in the affairs of geeks for they are subtle and quick to anger
    23. Re:Who Next? by Lord+Cancellor · · Score: 1

      Before making a fuss, it seems no one simply asked Borland. Read this blog by one of Borland's main developers:

      http://blogs.borland.com/dcc/archive/2005/05/12/42 94.aspx

      And BTW, before making statements like "They don't have any products to sell these days do they?" you might have checked that first. Would have done a lot of good to your credibility.

    24. Re:Who Next? by Lord+Cancellor · · Score: 1

      AFAIK, Borland Kylix compiles native to Linux, and they don't use WineLib.

    25. Re:Who Next? by Curtman · · Score: 1

      you might have checked that first.

      Sorry, I meant they don't have any successful products.

      Would have done a lot of good to your credibility.

      Who needs credibility when I've got Karma.

    26. Re:Who Next? by vsprintf · · Score: 1

      I just want to write software without having to worry about using the morse code button for user input because some corporation wants to price my product out of the market by owning the API call to take keyboard input.

      Okay. If you want to lead the fight, I'm behind you (old and slow, but I can still camp and snipe. :)

  2. Donation please... by __aaclcg7560 · · Score: 4, Interesting

    This is where Borland needs to step in by giving the patent (or providing a legal exception) to the OSS community.

    1. Re:Donation please... by Trigun · · Score: 1

      Don't expect that too soon. Borland has been trumpeting their cross-platform toolkit for a long time, and this can be considered competition.

    2. Re:Donation please... by statusbar · · Score: 1

      But Borland IS a user of WINE in their Kylix product....
      --jeff++

      --
      ipv6 is my vpn
    3. Re:Donation please... by Anonymous Coward · · Score: 0

      Their cross-platform toolkit uses WINE. No WINE, no toolkit.

    4. Re:Donation please... by jonbryce · · Score: 1

      Presumably Wine compiled with their own c compiler, not gcc.

    5. Re:Donation please... by __aaclcg7560 · · Score: 0, Troll

      wow u noticed

    6. Re:Donation please... by Anonymous Coward · · Score: 0

      Just thought I'd drop in and congratulate you for not reacting badly to all the negative comments people have been giving you about your weight. I'm sorry people are so mean like that. Don't know if it means anything but my girlfriend thinks you're cute :).
      Hope this doesn't come across as sarcastic, it's not meant to be.

    7. Re:Donation please... by __aaclcg7560 · · Score: 1

      No problem. I decided that the best defense/offense is to be happy and respond with humor since some of these numb nuts exist only to inflict unhappiness on the world.

    8. Re:Donation please... by Anonymous Coward · · Score: 0

      Don't know if it means anything but my girlfriend thinks you're cute

      It says a lot of things about you & your girl! Come on, the guy looks like freakin' John Goodman. If your girl finds that hot you must be a land whale.

      Speaking of your girl, didn't she go for a swim and cause some kind of devastating tsunami

    9. Re:Donation please... by Marthisdil · · Score: 1

      And you need to step up and give me all the money you have because I can use it.

      Failed logic rules!

    10. Re:Donation please... by fitten · · Score: 1

      This is where Borland needs to step in by giving the patent (or providing a legal exception) to the OSS community

      Why should they? Why would they want to?

      "Because you really, really, really, pretty-please with sugar on top" want them to is not sufficient reason.

    11. Re:Donation please... by __aaclcg7560 · · Score: 1

      Come on, the guy looks like freakin' John Goodman.

      Thank you! Even John Goodman was considered a sex symbol at one point. ;)

    12. Re:Donation please... by Anonymous Coward · · Score: 0

      lol the whale fancies himself a sex symbol

    13. Re:Donation please... by Anonymous Coward · · Score: 0

      ... for some (technical) sanity in the Linux world.

      See, I happen(ed) to be extremely familiar with the way the Borland Delphi for Linux exception handling code operates (the Borland C++ compiler on Linux has the same EH design).

      Guess what? For numerous reasons, this design needs to "manually" unwind the stack, simply because the Linux kernel (or glibc) do not provide any system-wide support for SEH - and that's why this patent was "necessary".

      Basically, from a systems-engineering point of view, the SEH capabilities on Linux are at the level of Windows 3.1(!). With the advent of 32 bit Windows OS kernels, Microsoft introduced the notion of an "exception", with the effect that every stupid programming language could easily and reliably support EH, cross-language, cross-module. Oh, and could ignore the patent.

      Now, if the Linux *kernel* (or glibc) supported the notion of system-wide SEH, then Wine could implement their support of exceptions in terms of the functionality the underlying infrastructure supports. Did I already mention that if the OS supported SEH, this patent would not apply?

      Yes, I really dislike Linux systems for their lack of support for SEH in native code. And don't get me started on signals.

    14. Re:Donation please... by Anonymous Coward · · Score: 0

      VLAD? IS THAT YOU?

    15. Re:Donation please... by Anonymous Coward · · Score: 0
      speaking of numb nuts, over the weekend my balls were slapping up against Kathleen's ass all night long. Hoo boy, let me tell you, come monday morning (no pun intended) I couldn't feel my dick, and Cowboi Kneel complained that it smelled like pussy -- he didn't want to have anything to do with it. He let me play catcher for him, though. That fucker completely wrecked my ass, he didn't show it any mercy whatsoever.

      CmdrTaco.

    16. Re:Donation please... by shaitand · · Score: 1

      Because Borland is using and benefiting from open source software (including winelib) just like everyone else. It is sort of like defending a UN structure or the Swiss.

    17. Re:Donation please... by DaveV1.0 · · Score: 1

      Well, I have to qualify this by saying I don't know that much about the whole thing, but:

      If one can use Borland tools with WineLib to generate code that runs on Linux from within Windows, then Borland could include WineLib with it's compilers FOR FREE and include some documentaion on how to cross compile for X on linux and advertise how much better their compilers are than their rivals because of it.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  3. Borland's still around? by CyberSnyder · · Score: 4, Funny

    Guess I've been doing too much Unix...

    1. Re:Borland's still around? by snookerdoodle · · Score: 1

      Ya know, I got dragged into trying JBuilder 2005 at my current (and new) job. I'm normally an emacs guy and stick to make instead of ant, well, old dogs and new tricks, you know... Additionally, I've been happy with later NetBeans versions. (My problem with IDE's is just about ONLY due to poor emacs emulations that still require more mousing than I like to edit.)

      Anyway, I LOVE it. I run it on my desktop. My desktop is XP, so the only other tools I really need on my desktop are Putty and a Hummingbird X-Server. At least Putty was free (as is the Fine X Server in Cygwin).

      Unfortunately, I can't comment on any other Borland things.

      Mark "Would That Be UK.JBuilder.Com?"

    2. Re:Borland's still around? by JohnFluxx · · Score: 1

      I've very recently been dragged into the borland c++ gui. I don't get why they charge so much - it freezes up all the time because the automatic code completion runs syncronously and it has very annoying habits of closing the damn gui editor window when i close the code editor window.

      Otherwise its fine, I just don't get what it has that OS progs don't in order to justify the $1500+ price tag.

  4. Ugly workaround? by evil-osm · · Score: 5, Funny

    There are workarounds, but you won't like them.

    Use Windows? (ducks)

    --


    E.

    Never rub another man's rhubarb - The Joker
    1. Re:Ugly workaround? by Enigma_Man · · Score: 1

      Anybody know what the workarounds are, and why one wouldn't like them?

      -Jesse

      --
      Nothing says "unprofessional job" like wrinkles in your duct tape.
    2. Re:Ugly workaround? by Anonymous Coward · · Score: 2, Informative

      According to the article, either avoid structured exception handling altogether or use Microsoft's compiler to build the projects.

    3. Re:Ugly workaround? by Dan512 · · Score: 5, Funny

      While listening to the wineconf presentations I heard one guy talking about a scheme using goto statements.

    4. Re:Ugly workaround? by Anonymous Coward · · Score: 0

      That's quite an extreme application of the term "workaround"...

    5. Re:Ugly workaround? by happyfrogcow · · Score: 2, Funny

      While listening to the wineconf presentations I heard one guy talking about a scheme using goto statements.

      Scheme with goto statements! That would be brilliantly evil!

    6. Re:Ugly workaround? by Halvy · · Score: 1
      you can't 'USE' windows!!

      unless you meant of course, to wrap your fish in!!(which i wouldn't trust it for that even)!! :)

      --
      I will gladly loose all of life's battles.. in order to win the war..
    7. Re:Ugly workaround? by Catharsis · · Score: 1

      ... using goto statements.

      Sounds harmful...

      --

      "The wise man proportions his belief to the evidence." -- David Hume

    8. Re:Ugly workaround? by larry+bagina · · Score: 1
      GNUStep uses longjmp (wrapped up in pretty macros) to support exceptions in Objective C.

      gcc spits out warnings, but it works.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    9. Re:Ugly workaround? by Anonymous Coward · · Score: 0

      The only time when GOTO statements have a valid place (other than in assembly where you have no choice but to goto another memory location --except they are called jumps-- are when the language does not natively support data structures that you need, or when the software is very time/space critical, and built-in call/return features simply cannot function in the time/space bounds necessary. Mere application programming (and programmers) must never use GOTO's because when writing code at such a simple level, they are usually not necessary (and novice programmers can create truly ugly software with them). Skilled systems programmers can make good use of them. Advocated who suggest they be banned, are novice users who have never done system programming, and aren't quite sure what is meant by 'systems programming'. The primary advocate of "No GOTO's" was Nicklaus Wirth, and in various articles published by the ACM (by Wirth and others) clarified the use of GOTO's as I have stated here. If you know what you are doing and know how to use them to great effect, use them. If you are a novice, or don't know any better, don't use them.

    10. Re:Ugly workaround? by CableModemSniper · · Score: 1

      Scheme already has goto statements! Magically, mystical, state preserving goto statements that can be used to implement things like exceptions, generators, coroutines, and more!
      http://c2.com/cgi/wiki?CallWithCurrentContinuation

      --
      Why not fork?
  5. Re:who cares? by Anonymous Coward · · Score: 0

    It doesn't, just use wine to compile wine applications.

  6. Is that ironic by MajorDick · · Score: 4, Informative

    Since Borland USED Winelib in Kylix.....

    Amazing how thing like this rear their head AFTER a company that holds the Patent actually used the app in their OWN product, can you say STINGY

    1. Re:Is that ironic by Phillup · · Score: 1
      Doesn't that just beg the question...
      Can you use the compiler from Kylix to compile wine?
      After all, there was a free version of Kylix...
      --

      --Phillip

      Can you say BIRTH TAX
    2. Re:Is that ironic by Anonymous Coward · · Score: 1, Insightful

      Hardly stingy. The Kylix people probably had no idea about the SEH patent. And it's not like Borland has said they won't license the patent on royalty-free terms.

      Has anyone asked Borland?

    3. Re:Is that ironic by SolusSD · · Score: 0

      There should be a law that nullifies your patent if you choose to ignore infringements until the project using your patent proliferates. On the same note, exemption should be given to the patent infringer if the holder of the patent decides to use the infringing product in one of their own products! Isn't this just common sense?? Has everyone in our government gone crazy?? this country has wayy too many f*cked up IP laws. No wonder inferior products continue to dominate.

    4. Re:Is that ironic by Taladar · · Score: 1

      Isn't (wasn't ?) Kylik just Delphi for Linux. I don't think any parts of wine are written in Delphi (a.k.a. Visual Pascal for MDI-Haters).

    5. Re:Is that ironic by mikefe · · Score: 1

      There is nothing in the GPL/LGPL that says anything about the license being revoked if you enforce a patent.

      That is one of the things that is expected to be cleared up in GPL v3.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    6. Re:Is that ironic by KarmaMB84 · · Score: 1

      So if I use SoftwareX v1.3.8 and then someone implements a feature that violates my patent in v1.3.9 and I enforce my patent, will the FSF try to revoke my license to 1.3.8? What kind of wacky shit are they going to try?

    7. Re:Is that ironic by mikefe · · Score: 1

      Check out the IPL that says that you lose rights to use the software if you enforce a patent against it.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    8. Re:Is that ironic by Phillup · · Score: 1

      check out the first feature.

      --

      --Phillip

      Can you say BIRTH TAX
    9. Re:Is that ironic by cahiha · · Score: 1

      Sure it does:

      For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

      This is a stated goal of the GPL:

      For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

      There is more, but you get the idea. Read the GPL.

    10. Re:Is that ironic by Anonymous Coward · · Score: 0

      Royalty free isn't good enough. You have to be able to sub-license it too... or it isn't LGPL compatible (or GPL in the case of GCC).

  7. Stupid software patents by Cyphertube · · Score: 4, Insightful

    Again, I hate software patents. There's no point.

    Most of what you'd want to protect is covered by copyright. If it can't be covered by copyright, well, then it's something so basic (like "the dog is big") that it's almost impossible to express something without doing it that way.

    Again, this is where the idea of a software patent is stupid. Don't allow people to do things in ways that you really couldn't cover with copyright?

    Ok, now I find myself back to the argument that source code is speech, and hence not patentable.

    --
    Linux - because it doesn't leave that Steve Ballmer aftertaste.
    1. Re:Stupid software patents by Anonymous Coward · · Score: 0

      it's something so basic (like "the dog is big") that it's almost impossible to express something without doing it that way

      The dog is large.
      The dog is not small.
      It's a sizeable dog.
      ...

      Just sayin'.

    2. Re:Stupid software patents by Anonymous Coward · · Score: 0

      "Again, I hate software patents. There's no point."

      I'm sure if you wrote a program that made you a couple hundred thousand dollars a year off of said program, you'd be thinking a little differently.

      But, hey, do as I say, not as I do, right?

    3. Re:Stupid software patents by Anonymous Coward · · Score: 0

      How would a patent help your theoretical example?

    4. Re:Stupid software patents by truckaxle · · Score: 1

      "source code is speech, and hence not patentable." there is a certain truth to that. For example, if I dreamed up a really good arguement or thought experiment to prove or disprove some part of quantum theory, can I patent the idea. No but I can copyright my paper.

      Also software is different because it is adaptable and exists to solve problems by combination of a series of statements. Can I buy a big tub of legos and create "inventions" from combining the little plastic blocks in a certain way and apply for a patent.

      Also, software is fundamental in creating the emerging information age. It is a target rich environment. Imagine if god on the eight day created the patent office. Could adam and eve spend the next decade running around "inventing" and patenting stuff like sex?

    5. Re:Stupid software patents by Anonymous Coward · · Score: 0

      (Disclaimer: I did not post the parent comment)

      A patent helps you by preventing competition. That, is the essence of the entire patent system: to provide a temporary monopoly to inventors.

      I don't have a problem with that. Is the patent system broken, though? Yes. What should be done to fix it? Well...

      - Cut the length. 20 years is far too long especially for technology patents. Something like 2-5 years would be more appropriate. This would have the side effect of reducing patent litigation to nearly zero, since patents would be nearing expiration by the time the legal system got rolling.

      - Make patents issueable only to inventors, not to corporations.

      - Make it illegal to trade patents as a commodity. Neither rich individuals nor corporations should be able to wield large patent portfolios. If your corporation is hell bent on access to a particular patent, you hire the inventor or work out a license with him/her.

      - Require proof of a working implementation prior to issuing a patent. This, once again, favors inventors as opposed to patents-as-a-threat (see: Rambus).

      But, alas, corporations run the U.S. and many such corporations have thousands of patents. There's no way the changes I listed above will ever go into effect unless the average voter suddenly starts to care about patents for some reason (yeah right).

    6. Re:Stupid software patents by Halvy · · Score: 1
      there are NO 'stupid' software patents only DANGEROUS ones!

      your example of "the dog is big" reminded me how the beast (machine, corporate pigs, etc.. whatever you call them) are planing for the day, when EVERYTHING will be 'patented' or outlawed, so that 'they' will have us all completely controled...

      the ONLY way around this is with civil disobedience (breaking 'illegal' laws and rules) until the scum give up, or we bring them judgement.

      as far as m$ or borland is concerned, the same applys.. lets just 'use' the wine program or any other software that we deem necessary-- in ANY way 'we' see fit, in spite of the coporate criminals cries & playing of the 'boo game' with everyone (eg riaa).

      --
      I will gladly loose all of life's battles.. in order to win the war..
    7. Re:Stupid software patents by back_pages · · Score: 1
      Most of what you'd want to protect is covered by copyright. If it can't be covered by copyright, well, then it's something so basic (like "the dog is big") that it's almost impossible to express something without doing it that way.

      I'm sorry, but this is not insightful, it is entirely separated from reality. The "derivative works" protection by copyright is wholly inadequate when considering software. The Obfuscated C contests are an hyperbolic, yet poignant example of this. I'm not entirely happy with software patents myself, however to claim that copyright adequately protects software is completely removed from reality.

      No offense intended, and have a great weekend.

    8. Re:Stupid software patents by Elektroschock · · Score: 1

      If so: Why not support http://www.economic-majority.com/ with your company?

  8. GCC list discussion by Bananenrepublik · · Score: 5, Informative

    Of course this was discussed on the gcc list, the thread starts here.

    Links to an implementation of this can be found in this mail, the legality of this implementation is discussed in the followup.

    The inevitable prior-art discussion begins here.

    1. Re:GCC list discussion by Anonymous Coward · · Score: 1, Informative

      ReactOS is more affected by this than Wine which is part of the reason Casper developed the patch. If you read the thread you will see where he points out that Borland even cites prior art in the patent.

      -sedwards

    2. Re:GCC list discussion by snorklewacker · · Score: 1

      First really useful links I've seen yet, thanks. Looks like the patent is with respect to using an exception frame pointer on the stack. Other implementations I've seen such as this one merely maintain their own global stack.

      Sun's patent looks a lot more broad, and is more recent, but it also seems to use an external stack with setjmp/longjmp, for which DEC's implementation beats 'em by a decade. Not quite as featureful as Sun's, but the same core idea is in there.

      --
      I am no longer wasting my time with slashdot
    3. Re:GCC list discussion by Anonymous Coward · · Score: 1, Informative

      The problem is that its next to impossible to be 100% compatbile using Macro based SEH. We have it implemented in Winelib and in ReactOS using PSEH and at best its still only 70%. There are always conditions that pop up that cannot be handled quite right.

      -sedwards

  9. Or better... by cduffy · · Score: 4, Insightful

    More likely is that Intel would arrange (ie. throw some money, tech, patent licenses, whatever) at Borland in return for such a thing. Borland doesn't have any motivation to make stack-based SEH available to free x86-targeting compilers [the patent's irrelevant on RISC], but Intel arguably does.

    1. Re:Or better... by Tim+C · · Score: 1

      Don't forget that Intel make their own pay-for compiler for x86 - perhaps they have motivation to licence the patent and *not* make it available to gcc...

    2. Re:Or better... by cduffy · · Score: 1

      I haven't forgotten it, but Intel's in a strange spot -- they want to promote their own compiler, to be sure, but they also want to promote their architecture as a whole, and they've given assistance to GCC in the past.

    3. Re:Or better... by Anonymous Coward · · Score: 0

      Intel wants to sell more intel chips and couldn't really care about compiler licenses (one reason they give it away on Linux). They maintain icc because they need a compiler they understand and control (until 4.0, gcc's backend was entirely and deliberately undocumented) in order to test real world code on their chips. It's also nice to have a compiler that shows off all the power instead of everyone thinking the output of gcc or msvc is the best it can get.

    4. Re:Or better... by Tim+C · · Score: 1

      There is an advantage in having not just another x86 compiler, but (by some measure) the *best* x86 compiler. I've not run comparisons myself, but anecdotal evidence on slashdot implies that Intels' compiler is superior to gcc. (Of course, anecdotal evidence on slashdot implies all sorts of things...)

      I can see a logic to assisting gcc, while still ensuring that your own compiler is superior. You get PR for the assistence, and $ for your own compiler from those who (for whatever reason) need (or think they need) the extra features/speed/whatever.

    5. Re:Or better... by LWATCDR · · Score: 1

      " I haven't forgotten it, but Intel's in a strange spot -- they want to promote their own compiler, to be sure,"

      No not really. Intel wants people to buy their chips not their compiler. I doubt that they make any money off the compiler. It may pay for the cost of development maybe.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    6. Re:Or better... by RailGunner · · Score: 0
      Intel's compiler is the best compiler for the x86 platform. It routinely generates code as much as 50% faster than MSVC in the Windows world, and as much as 30% faster code than gcc (MinGW) does.

      There are benchmarks aplenty - go forth and google them.

    7. Re:Or better... by __aaclcg7560 · · Score: 1, Informative

      There are benchmarks aplenty - go forth and google them.

      Dr. Dobb's Journal does an annual review of the c/c++ compilers every year. Usually they are pretty much the same unless you are looking for a specific performance advantage.

    8. Re:Or better... by RailGunner · · Score: 1, Informative
      In the general case, that's true, but not if you're targetting a specific processor - that's where the Intel Compiler really starts to shine. It does a much better job utilizing SSE2 instructions for example, than MSVC does (and MSVC 7.1 can target the P4 natively).

      gcc does a little bit better than the MS compiler does, but it's still a little behind the intel compiler. (By the way - if you want a linux box to really fly, use icc to rebuild the libraries, kernel, and your window manager.)

  10. no, it's legally interesting by cahiha · · Score: 4, Interesting

    Winelib is covered by the LGPL. If Borland has shipped Winelib in Kylix, they may already have given people a license to use the code. Perhaps they can wiggle out of that, but they can't continue to ship Winelib if they claim a patent on something in it.

    1. Re:no, it's legally interesting by rogueuk · · Score: 4, Insightful

      But I thought the SEH isn't a part of winelib because of this. It's not a question of the code already existing, it hasn't been written yet and can't be written due to this patent.

    2. Re:no, it's legally interesting by Anonymous Coward · · Score: 2, Informative

      Except that the "not implemented in gcc" implies this feature is not yet in winelib and won't be soon. So they wouldn't have distributed a version of winelib that contains an implementation of the patented algorithm(s).

    3. Re:no, it's legally interesting by Dan512 · · Score: 1

      The code was already written, it just isn't included because of fear of the patent.

    4. Re:no, it's legally interesting by Qzukk · · Score: 1

      That, and that it would never build on anything but a borland compiler, since gcc doesn't support SEH due to the patent as well.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    5. Re:no, it's legally interesting by rogueuk · · Score: 2, Insightful

      either way it was never included so the grandparent post about borland and kylix is moot

    6. Re:no, it's legally interesting by fm6 · · Score: 2, Informative
      That doesn't make any difference. The problem is not that you and I can't use SEH. The problem is that SEH isn't a feature of GCC, because like all GPL products, it can't include software obtained under a "non-free" patents. The GPL sez,
      We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
      So basically, Borland would have to give a free license for SEH to the GCC project, which would also apply to everybody who used GCC. If that doesn't happen, the only way GCC could offer SEH is to abandon the GPL. Not likely!
  11. Make a "Plugin?" by Erik_the_Awful · · Score: 2, Interesting

    I am not a developer, but how difficult is it to create a space in Wine for a SEC patent legal module to "plug in" to Wine? Winers could either use Wine without SEC or purchase a licenced module. Of course, some good hearted soul would release the source code, and then those who wanted to run the module illegally could do so as well. (Did I say that out loud?)

    1. Re:Make a "Plugin?" by Anonymous Coward · · Score: 0

      sounds reasonable to me. It would probably just be a library you compile in - though a plug-in seems equally feasable.

    2. Re:Make a "Plugin?" by CustomDesigned · · Score: 1

      There is no need to release the source code. This is one of those obvious patents - everyone already knows how to do it. Indeed, it is only the Intel flavor of similar exception conventions used on other stack based processors since the 70's. This patent effectively patents an ABI. It is trivial to use some other convention - but then the code is not interoperable. I wonder if the judge who started us down the road of software patents regrets his decision.

    3. Re:Make a "Plugin?" by Big+Mark · · Score: 1

      I doubt the judge understood your post.

      He's not alone neither...

    4. Re:Make a "Plugin?" by Zone-MR · · Score: 1

      Exactly. The plugin could be fully open-source and intended for European users and other countries which don't (yet?) believe in software patents.

      Better still, do away with the plugin, add the relevant code into the main project, and include something like: /* Comment out the following lines to cripple this software (legally required if you are in the US) */

    5. Re:Make a "Plugin?" by Anonymous Coward · · Score: 0

      It wouldn't be difficult, but the pipeline performance hit for adding two indirect calls and returns to each and every try/catch block has to be awful.

    6. Re:Make a "Plugin?" by LuSiDe · · Score: 1

      Illegally? Where? Last time i checked, the world is more than US only. US patents don't apply everywhere (yet?) so please also add the possibility for non-US residents; they may perfeclty use the patented code (source, binary, module, yada). So this is in the disadvantage of those who fall under US jurisdiction. In this case, sad for these poor souls, but that doesn't mean the patent and hence this problem applies globally for whole Earth's humanity.

      --
      WE DON'T NEED NO BLOG CONTROL.
  12. This is good news for open source. by jimbro2k · · Score: 4, Insightful
    From TFA: ""Having your FOSS project depend on a non-free tool can be a big problem in terms of adoption."

    Even worse, this makes it clear that using patent-encumbered software has a genuinely unpleasant viral effect on all your software.

    The pro-patent folks will eventually realize that the best solution is to avoid ALL patent-encumbered software COMPLETELY -- and look even more skeptically at all proprietary software, too. This will have the opposite effect of what they had intended.

    --
    There is not nearly enough love in the world, but there is far too much trust.
    1. Re:This is good news for open source. by metlin · · Score: 2, Insightful

      Dream on.

      They'd rather spend and hope that they can litigate someone and make money off it, rather than come to some sort of oh-angelic-realization.

      They're in it for the money and for the greed, if they had any remnance of altruism or understanding, they'd have realized it a long time ago, with or without situations.

      If anything, it would go worse, not better.

    2. Re:This is good news for open source. by Spy+der+Mann · · Score: 1

      From TFA: "Having your FOSS project depend on a non-free tool can be a big problem in terms of adoption."

      Oh, really?

    3. Re:This is good news for open source. by Ulrich+Hobelmann · · Score: 1

      Indeed. Creating Windows emulation is like giving people illegal windows copies: it only spreads the use of Windows further.

      I have neither Windows, nor any emulation of it running, and I don't miss it a bit.

      Patents suck, and if any software vendor gets stupid patents like the exception one in question, just stop buying their stuff! Who needs Bor(e)land anyway?

  13. Re:Wait a minute... by Anonymous Coward · · Score: 3, Interesting

    gcc also doesn't support register allocation with interference graphs just because of a patent.

  14. Thanks! by jwthompson2 · · Score: 2, Funny

    There are workarounds, but you won't like them.
    Thanks Marvin!

    --
    Even if I knew that tomorrow the world would go to pieces, I would still plant my apple tree. -Martin Luther
    1. Re:Thanks! by Anonymous Coward · · Score: 0

      For those who are wondering why this is modded funny, it's a reference to "The Hitchiker's Guide to the Galaxy". There's a chronically depressed robot named Marvin, who says things in this fashion pretty often ("I could tell you the answer, but you wouldn't like it", etc).

    2. Re:Thanks! by Anonymous Coward · · Score: 0

      And would the person who was wondering why it was modded funny please let themselves be known, so the rest of us can point and laugh?

  15. What patent? by Anonymous Coward · · Score: 5, Informative

    This is the patent in question.

    1. Re:What patent? by Anonymous Coward · · Score: 5, Interesting

      Since the patent postdates Windows NT 3.1, and even references the NT SEH implementation, it must be possible to implement NT-compatible SEH without infringing the patent.

    2. Re:What patent? by geomon · · Score: 1

      So exception handling in the compiler, in itself, is not the patented method, right?

      I saw prior art in the references, so perhaps the way they are reporting the errors to the OS is systemic to Windows systems?

      --
      "Rocky Rococo, at your cervix!"
    3. Re:What patent? by Anonymous Coward · · Score: 2, Interesting

      Or Microsoft licensed it?

    4. Re:What patent? by mikefe · · Score: 1, Informative

      Since the patent postdates Windows NT 3.1, and even references the NT SEH implementation, it must be possible to implement NT-compatible SEH without infringing the patent.

      Have you heard of people saying that in order to get a patent there should be an implementation?

      This is one such patent that does exactly that. Referring to one implementation does not invalidate the concepts being patented.

      Now patenting concepts is a whole 'nother issue...

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    5. Re:What patent? by hmckee · · Score: 3, Informative
      I lifted the following text from http://www.mega-tokyo.com/osfaq2/index.php/Doing%2 0a%20kernel%20in%20C++
      Note that, on x86, VC++ and most other PC compilers use a stack-based unwinding and handling mechanism known as SEH, common to OS/2, Windows and Windows NT and described in detail in a famous MSJ article, http://www.microsoft.com/msj/0197/Exception/Except ion.aspx. GCC and most other UNIX compilers, instead, use the same table-based mechanism that is the rule on RISC architectures on x86 too. Also note that any use of stack-based SEH may or may not be covered by USPTO patent #5,628,016, held by Borland International, Inc. SEH on RISC architectures is table-based, thus unaffected by the patent)
      Further searching for info on table based implementation reveals http://blogs.msdn.com/oldnewthing/archive/2004/01/ 14/58579.aspx that this would break compatibility with Windows. In other words, if you want to use SEH, you're screwed without Borland's help.
    6. Re:What patent? by Anonymous Coward · · Score: 0

      "in order to get a patent there should be an implementation"

      No, the patent is supposed to be for the implementation, not that the implementation exists in a product before the patent is granted. So, if Eli Whitney's cotton gin patents a cotton gin, someone else can patent a machine that produces the same result in a different manner. Neither machine has to ever see the light of day, but the patents are on the design of each.

      Responding to the parent, though, it's possible they had applied for the patent, then published NT, and then the patent was granted later. So it's possible that the patent does covers the NT-style implementation.

    7. Re:What patent? by Anonymous Coward · · Score: 0
      Have you heard of people saying that in order to get a patent there should be an implementation?

      This is one such patent that does exactly that. Referring to one implementation does not invalidate the concepts being patented.

      What you may be unaware of is that Windows was done by MICROSOFT, and the patent was applied for and gotten by BORLAND. These two are different companies. As such, no, it should be impossible to file a patent for something someone else has already disclosed. Doh.

      Hope this helps.

    8. Re:What patent? by Anonymous Coward · · Score: 0

      If you applied for the patent before they disclosed it, you win. The second inventor is screwed, even if they truly came up with it from scratch (which they probably did, since your patent hadn't been published yet and is probably unreadable nonsense anyways).

    9. Re:What patent? by cnettel · · Score: 1
      *sigh*

      What part of postdates in the (grand)*grandparent do you need explained?

    10. Re:What patent? by Foobar+of+Borg · · Score: 1
      Actually, this isn't exactly true. The American patent system is the unique in that it is the only system that tries to grant a patent based on who first invented, rather who first filed (which is how everyone else does it IIRC).

      The only catch is that you have to perform "due diligence" so that, if the other inventor publishes something more than a year before you file, you are still screwed.

      I'm pretty sure this is how it works, but I'm going from memory. If anyone cares to correct me, please do.

    11. Re:What patent? by Anonymous Coward · · Score: 0

      In the US, a patent application must disclose all known prior art, but I don't believe there's any requirement that you make any effort to know all the prior art that could apply. Much like vendors, who are well advised not to search for or read patents--anything nontrivial almost certainly infringes many patents, but as soon as you know it does, you're wilfully infringing and may be liable for triple damages.

    12. Re:What patent? by shaitand · · Score: 1

      Actually Microsoft wrote very little of Microsoft Windows. Generally Microsoft buys technology others have innovated rather than building their own.

    13. Re:What patent? by cahiha · · Score: 1

      Have you heard of people saying that in order to get a patent there should be an implementation?

      That isn't the case anymore. When it was the case, it was referring to your own implementation. You could not and cannot patent something you did not invent.

      This is one such patent that does exactly that. Referring to one implementation does not invalidate the concepts being patented.

      Sure it does: if it's someone else's implementation that predates the patent filing by enough time.

    14. Re:What patent? by Anonymous Coward · · Score: 0

      Microsoft rarely licenses patents.

    15. Re:What patent? by Anonymous Coward · · Score: 0
      Interesting. Section (i) of the patent claim is as follows

      (i) storing in said stack memory all stack-based variables associated with said at least one function, and

      As it stands this patent will not cover any solutions developed in Java as java does not store any variables on the stack, it only stores references to the variables. I think the solution to this is to reimplement winelib in java :>

  16. Solution: by Anonymous Coward · · Score: 2, Funny

    IIRC there is a version of DeCSS that works similarly:

    1. Take function.c, where function.c is the patented software.

    2. Add a /* */ style comment at the end of the file.

    3. gzip the file

    4. Write a program that evalautes the entire contents of the file as a single number, and check if that number is prime.

    5. If it's not, increment the crap inside the comment, repeat steps 3 and 4 and check again for prime. Eventually, you will find a prime.

    Now, you have a prime number, that if you run gzip on it, will product a file, function.c ,that can then be compiled.

    Since you can't copyright a number this works for DeCSS vs the DMCA.

    Patent law and copyright law are different so this may not apply, but still, wouldn't Fedora be allowed to distribute a prime number in their distribution? How could that be illegal? Then, it's up to the end user to actually unzip it and use it. It's the end user then that is violating the patent. Catch that!

    1. Re:Solution: by koreaman · · Score: 1

      Why does the number being prime have anything to do with it?

    2. Re:Solution: by Anonymous Coward · · Score: 0

      If this works, this would make sharing *any* copyrighted file in which comments can be added possible. I doubt it works.

    3. Re:Solution: by Anonymous Coward · · Score: 0

      The telescreen is behind the picture!

    4. Re:Solution: by atteSmythe · · Score: 1

      I can't see this working. This sounds like a really poor interpretation of the law, and I can't fathom a judge accepting it.

      For the case of copyright, using the original and generating a number from it, which is used to modify the original to make a different number, is a derivative work - the final product wouldn't exist without the original. Still infringement. To my (limited) knowledge, it doesn't matter that the modification is made mechanically. If you buy a copy of a print and use a machine to change a tiny spot of color, you can't resell it as yours.

      For the case of patent, the product still includes the patented technology, even though there are other things in it that are not patented. Changing something from one form to another does not avoid patents.

      Now, IANAL, blah blah, but I also wouldn't be hundreds of thousands of dollars and jail-time on a cute little workaround.

    5. Re:Solution: by Theatetus · · Score: 2, Interesting

      It works for DeCSS because that algorithm's so ridiculously short. It would be hard to express a longer program as a number.

      --
      All's true that is mistrusted
    6. Re:Solution: by Gogogoch · · Score: 3, Funny

      Hey - why not do this with the MS Windows XP distribution ISO file?

      Lets see. XP is probably about 650Mb, so that's 5.6x10^12 bits. Let's round down for GZIP and call it 10^12 bits.

      So we just need a prime in the order of 2^(10^12). That can't be hard to do, can it? Just because the highest prime so far is in the order of 2^(10^7) just means that those mathematicians have been slacking it a bit! Lazy bums! And no doubt their software is lousy and totally inefficient. I'm sure Slashdotters could fix that.

      But why bother with those pesky prime numbers anyway? Why not just gzip it, stick it on a CD and explain that it does not contain a gzip file of someone else's IP, but is in fact a particularly interesting finite number of about 300 million hexadecimal digits. That it just happens to evaluate, via the mathematical GZIP operator, into another large hexadecimal number resembling someone else's IP is pure coincidence! I'd go for that. Seems reasonable to me.

      But why bother with GZIP? Just copy the original - we know it will fit on a CD - and the argument still holds! Brilliant! Ebay here I come!

      Does anyone have a list of email addresses I could use to see if anyone is interested in buying a very special, large, very large, hexadecimal number with unusually useful evaluation properties? :-)

    7. Re:Solution: by DavidTC · · Score: 1

      Um, copyright has nothing to do with this. It's patented. It is a violation of the patent to use the patented method, even if you reinvented it yourself. (Which is trival to do.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    8. Re:Solution: by Anonymous Coward · · Score: 0

      You could argue that since it's prime, your binary representation of it is the smallest you could muster. If it's not prime, it could be argued that you are willfully infringing. I dunno?

    9. Re:Solution: by Anonymous Coward · · Score: 0

      It worked for DeCSS because it wasn't about copyright infringement.

      DeCSS was illegal by definition of the DMCA. You are not allowed to write that program, let alone distribute it. That's the difference. You are commiting a crime even writing your own DeCSS. It has nothing to do with distribution...

    10. Re:Solution: by Anonymous Coward · · Score: 0

      You're a moron.. put the crack pipe down and get back to work!

    11. Re:Solution: by Anonymous Coward · · Score: 0

      ??? ALL programs can be represented as a number. Thats what they are... a big binary number.

      I belive that the parent poster was hinting that there is already precedent that you cannot copyright tables of prime numbers, and as they are clearly pure maths you cannot patent them, so by induction you can't copyright or patent any particular single prime number either.

      This unfortunately assumes that the law is logical and consistant, not a matter I would care to rely on.

      Harry

    12. Re:Solution: by Halvy · · Score: 1

      hear here!! 3 cheers for men on white horses!! :)

      --
      I will gladly loose all of life's battles.. in order to win the war..
    13. Re:Solution: by Anonymous Coward · · Score: 0

      Because everyone knows that prime numbers are somehow special. As someone wrote back when it was done with DeCSS: "I told my mother that it was a prime number, and she went: Then it can't be illegal".

      Geeks know that all software is just huge numbers. But if you want to argue that point to someone who is not a geek, "it's a prime number" makes it somehow special. Perhaps like "it was invented by god" or something.

    14. Re:Solution: by Anonymous Coward · · Score: 0

      You do not think they've given this some thought? In concept it is not far from trying to sell Harry Potter translated in Klingon: "It is not the same text anymore!"?

      Turns out, it doesn't matter. The copyrights (please don't use the word IP which has no defined meaning) are still valid. Much the same that a MS winxp CD ROT13'd is still the copyright of MS. The copyright is not for the code verbatim but for the "meaning" of it.

      The border is a large gray area on purpose. It is to be processed by humans, and decided by legal precedents.

    15. Re:Solution: by Theatetus · · Score: 1

      Sorry, I should have been more clear:
      It would not be practical to communicate or write out the number that would represent long gzipped program.

      --
      All's true that is mistrusted
  17. You won't like them. by Tenebrious1 · · Score: 2, Funny

    There are workarounds, but you won't like them.

    Wow, sounds like he's depressed, like he has a pain in all the diodes down his left side or something.

    --
    -- If god wanted me to have a sig, he'd have given me a sense of humor.
  18. Of course by einhverfr · · Score: 4, Interesting

    I am sure that Borland might appreciate the opportunity to strike back at Microsoft in a substantial way.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Of course by Anonymous Coward · · Score: 0

      I need some background on this, what did Microsoft do to Borland :).

      P.S. Don't forget to update Wikipedia with this information also if you would :).

    2. Re:Of course by shaitand · · Score: 1

      They leveraged their intimate knowledge of undisclosed OS features to gain an edge with MSVC. Granted it is not much compared with other anti-competative behavior MS has been involved in. You probably couldn't make a strong enough case to win in court on it, but I am sure borland would hate their #1 competitor without anti-trust issues.

    3. Re:Of course by mattgreen · · Score: 1

      Specifically, what undisclosed features does MSVC leverage? I'd like to know.

    4. Re:Of course by fvbommel · · Score: 1

      If someone told you, they wouldn't be undisclosed anymore, now would they?

    5. Re:Of course by mattgreen · · Score: 1

      All I'm asking the parent for is proof of this. If they cannot produce proof, then they shouldn't have posted in the first place.

    6. Re:Of course by Anonymous Coward · · Score: 0

      It's called a joke ;)

    7. Re:Of course by einhverfr · · Score: 1

      Actually, I was referring to Microsoft's campaign for hiring away as many Boreland compiler programmers as they could for work on MSVC

      --

      LedgerSMB: Open source Accounting/ERP
  19. Ask Nicely by Doc+Ruby · · Score: 4, Insightful

    Next, a wave of Slashdotters will hassle Borland to release the patent, or exempt Wine. The objective is worthy, the self-organized social wave of independent activists is meaningful. But the style will most likely be counterproductive.

    I recently advised a graphic designer/artist friend whose Flash app (advertising a minor celebrity pool player) drew the ire of an OSS "advocate". They demanded that the Flash movie be replaced with something that didn't require any "closed source" software to use it. My friend and I replied politely with their cost:benefit analysis (>95% of desktops can use Flash), the fact that Flash is an open standard (SWF), and the reality of making choices that can't please everyone, so the best alternative is chosen. The "advocate" devolved into namecalling and refusal to accept any of the designer/artist's reasons as valid. Which not only lost that private argument on facts, but alienated any possiblity of the designer/artist exploring OSS possibilities, as long as reliable old Flash still works.

    If you're going to request that Borland release its constraints on Winelib, remember that you catch more flies with sugar than with vinegar. And that invitations to a company to join the OSS "community" makes you an ambassador from your community. Which demands high performance in charm and persuasion, rather than represent the community as a barbarian horde.

    --

    --
    make install -not war

    1. Re:Ask Nicely by RealAlaskan · · Score: 4, Insightful
      First, I agree with your ``ask nicely'' message. As another post pointed out, Intel and especially AMD would benefit by having better free compilers (they are complementary goods to their CPUs), so maybe we should be asking them to buy and contribute this patent. Nicely, of course.

      Second:

      I recently advised a graphic designer/artist friend whose Flash app (advertising a minor celebrity pool player) ...

      Don't ever let him get rid of that Flash. I've found that when I see a webpage that invites me to download Flash, I can just close that tab: there's nothing there for me to see. That's saved me a great deal of time and bandwidth which I might have wasted if those sites had used animated gifs instead.

    2. Re:Ask Nicely by mgrassi99 · · Score: 1
      If you're going to request that Borland release its constraints on Winelib, remember that you catch more flies with sugar than with vinegar.

      Well actually... http://ag.udel.edu/extension/information/ent/ent-6 3.htm

    3. Re:Ask Nicely by ferat · · Score: 1

      heh, same boat. I have flash removed automagically by Firefox's custom css rules. Tons of pages I go to are just blank, saving me much time and bandwidth.

    4. Re:Ask Nicely by Anonymous Coward · · Score: 0

      The "advocate" devolved into namecalling and refusal to accept any of the designer/artist's reasons as valid. Which not only lost that private argument on facts, but alienated any possiblity of the designer/artist exploring OSS possibilities

      Life must suck when you refuse to do anything that asshats do too.

    5. Re:Ask Nicely by Andrewkov · · Score: 1

      There's a firefox extension that does the same thing: Flashblock (Note that mozilla.org will show you an upgrade page if your user an out of date version of firefox)

    6. Re:Ask Nicely by wytcld · · Score: 1

      remember that you catch more flies with sugar than with vinegar

      So ... you are comparing the good people at Borland to ... flies??!

      --
      "with their freedom lost all virtue lose" - Milton
    7. Re:Ask Nicely by Doc+Ruby · · Score: 1

      I've found that when I see a webpage that invites me to download Flash, I can just close that tab: there's nothing there for me to see.

      Animated GIFs aren't interactive the way his Flash movie is. It's for you to say whether your life is incomplete without the minor celebrity pool player ad. FWIW, GIF is encumbered by patents.

      And even if a GIF could be interactivated to meet the needs of his project, the Flash production tools are better suited to his production process. If you're a MS Access developer, and you can make a small business timecard app, Access is appropriate - Postgres might be better, but not for that job, for production process as well as tech reasons. Access is proprietary, and crappy (especially compared to Postgres), but is still the appropriate tool for the job. Skipping it means using a less-appropriate tool.

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    8. Re:Ask Nicely by rhavyn · · Score: 1

      Haven't all the GIF patents expired now?

    9. Re:Ask Nicely by Doc+Ruby · · Score: 1

      I look forward to followup research which demonstrates whether that cider vinegar trap catches more flies than a sugar-baited one (and an empty control jar).

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    10. Re:Ask Nicely by Doc+Ruby · · Score: 1

      Welcome to the world of "normals", who often reject activities by negative association with their advocates. Especially when the normals are already satisfied with the alternative, and the new activity is viewed as risky by most normals. Product evangelism works in the world of slippery human marketing and social dynamics, not in the geek world of rigorous value analysis. Life must really suck when the few people who buy your stuff are those who can be convinced by logic alone.

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    11. Re:Ask Nicely by DavidTC · · Score: 1
      Read it carefully, people. He said this app was 'advertising a minor celebrity pool player'.

      Some OSS advocate complained because someone had a flash ad they couldn't read?

      Does that sound even the vaguest bit likely? People don't complain when they can't see flash ads, they complain when they can. (Although an 'OSS advocate' would probably be using Firefox and just block it.)

      Oh, and SWF is not an open standard, it is owned and controlled by Macromedia. (Perhaps you are thinking of its competitor, SVF.) That said, it's a documented and unpatented standard, and there are open source players for it.

      So, basically, you say an 'advocate' complains because he can't see an ad (crazy) because there are no open source players for it (wrong). You replied that it was an open standard (wrong) and that it was the best solution. (wrong, unless it was an interactive ad, and you called it a 'movie', so that's doubtful)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    12. Re:Ask Nicely by RealAlaskan · · Score: 2, Insightful
      I wonder if you misunderstood me. My comment wasn't intended as criticism of your friend or his choices for his web site, and I certainly don't want him to change his ways. I doubt that he and I have any interests in common, and if google misdirects me there some day, his Flash will tell me: ``Move along, there's nothing here for you.''

      Every invention has at least two effects: the intended one and the other(s). For Flash, the intended effect is letting visually-oriented people do their thing. The unintended effect is shielding the rest of us from their thing, either by not installing Flash (my choice) or blocking it.

      It's for you to say whether your life is incomplete without the minor celebrity pool player ad.

      I've found that my life is substantially more complete without things which are best presented via Flash. Your friend is doing a great job by putting his ads in Flash, not least because I'll never see them. Tell him he needn't change on my account.

      I'm a Linux/Libre software zealot who's 100% in favor of Flash. By not having it installed, I miss out on all the things on which I want to miss out.

    13. Re:Ask Nicely by Bert64 · · Score: 1

      There aren't any opensource players for the latest versions of flash... Also i can't find a non precompiled (32bit x86) firefox plugin for it, so it's unuseable on a 64bit amd64 machine or anything else they dont build binaries for.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    14. Re:Ask Nicely by cortana · · Score: 1

      "Flash is an open standard (SWF)"

      While you are perfectly correct to stick with Flash since it's the only solution that works, I must point out that SWF is not an open standard. It is a proprietry format, only supported by by a single vendor, without any usable documentation.

    15. Re:Ask Nicely by fishbowl · · Score: 1


      "Animated GIFs aren't interactive the way his Flash movie is."

      The point is, just because someone links something on a website that he thinks is cool, useful, or persuasive, doen't magically make the consumer believe the same. In fact, it could be having a detrimental effect. You've just had it reflected to you by a user, and instead of letting the comment sink in as constructive criticism, you're bargaining. You missed the point.

      Is it more important for your content to please you, the designer, or is it more important for it to be persuasive or convey useful information?

      If your answer is the former, then that's great. If it's the latter, you might want to think about what you're doing. Maybe you should consider not making the flash application be the main part of the resource.

      It's one thing to have a link to a flash movie, indicating, "hey, here's a neat thing that you might dig, if you're into it."

      And it's another thing for the index page of your website to immediately load any rich content whatsoever.

      Are you trying to communicate information, or are you merely trying to show off that you have a flash movie? If it's reasonable to the social contract with your users, then that's great. But if you're trying to develop broad appeal and spread goodwill amongst your users, it may be more important a consideration than you believe, to make your information as accessible as possible. On end end of a spectrum, there's "accessible", and Flash is at the opposite end of that.

      The "minor celebrity pool shark" is certainly a poor example, since his minor fanbase probably enjoys whatever flash game is featured on the website.

      But if you did that on a website that was trying to get my business, I guarantee you it will not get two opportunities to get in my way of looking at the catalog or order form or even getting the phone number. You just don't get two chances, it's that simple. It had better not make any noise, either. Same goes for requiring javascript for the forms to work, and definitely my pet peeve, the assumption that certain javascript designs will work -- I've had menus that I couldn't select because you can't pull up the menu AND move the mouse to the item. Think I bought anything from the last site that did that to me? Think I'll ever go back there, or even remember the name of the company for longer than it takes to trashcan the address? Think again.

      But a pool shark's vanity site isn't a very good example of where good design is important.

      --
      -fb Everything not expressly forbidden is now mandatory.
    16. Re:Ask Nicely by Anonymous Coward · · Score: 0
      I've found that my life is substantially more complete without things which are best presented via Flash.

      How would you know?

    17. Re:Ask Nicely by Vantage13 · · Score: 1
      Though I agree with your point that asking nicely is always the best option, I think you've been giving out some bum advice.

      In the Borland-winelib case, you've got wine users asking a favour of Borland. No direct connection. However, in your case your friend (or specifically your friends client) had a "customer" who wanted to see all of the web site who was unable to view all of the content. This someone went so far as to contact your friend in regards to his problem (which most people do not do, they would have just moved on to another site), so clearly he's interested in what is being advertised on the web site.

      And you respond with this:

      My friend and I replied politely with their cost:benefit analysis (>95% of desktops can use Flash), the fact that Flash is an open standard (SWF), and the reality of making choices that can't please everyone, so the best alternative is chosen.

      I'm sorry, but as a visitor to a web site I could care less about the cost:benefit analysis, that's your problem. The viewers' problem is he can't view your web site and you've clearly not addressed that concern at all!

      This is not about flash vs open source it's about customer service! And you and your friend don't seem to be providing any...

      The "advocate"

      That should read "customer/visitor"

      devolved into namecalling and refusal to accept any of the designer/artist's reasons as valid. Which not only lost that private argument on facts, but alienated any possiblity of the designer/artist exploring OSS possibilities, as long as reliable old Flash still works.

      Lost the arguments on facts? Your facts may or may not be correct, but you're the one who has made it an argument by trying to justify why it's the customers' problem and not yours instead of providing customer service! I'd be pissed off too!

      And who cares if the designer feels aliented? He just lost his client (the minor celebrity pool player) a customer, possibly a fan, and possibly someone who would contribute financially (not sure if merchandise was something he does, etc) to his career. Not only because the visitor couldn't view the site, but because you handled it in such a terrible fashion!

      Look, not everyone can support everything, and there are cost:benefit analysis that are done all the time, the difference is all in how you handle the customer and perhaps you could have arranged a way for this customer to access the content (not the actual flash, but the content it represented) or made some effort to make it worth his while to continue to follow this pool player and his web site. At worst you could've apologized for the trouble and stated that currently the only way to access that section is through flash for the time being, but you will investigate other options as they arise and solicit suggestions from the visitor if he had any.

      Flash may be installed on 95% of computers, but blocking flash is also becoming more prevalent, but that never seems to factor into the equation. Not to mention the reasons people are starting to block flash (most times it's just annoying). Regardless, I'm sure if you asked the pool player whether he'd rather have a happy visitor than a pissed off visitor, 5% or not, he'll always prefer the former.

    18. Re:Ask Nicely by cortana · · Score: 1
      From the Macromedia Flash Player File Format Specification:
      2. Licenses

      Pursuant to the terms and conditions of this License, you are granted a nonexclusive license to use the Specification for the sole purposes of developing Products that output SWF.
    19. Re:Ask Nicely by Doc+Ruby · · Score: 1

      Nice try - are you saying that I'm lying? Try your faulty brain out on the ad. I won't divulge the critic, out of unilateral respect, but I will quote the opening line of their OSS demand: " Why in the hell would you force someone to download and install software just to view a web site?".

      As for the openness, OpenLaszlo is a language/environment completely independent of Macromedia for producing SWF movies that play in MM's "Flash" player. And, as you yourself concede, there are open source players for SWFs. That's pretty open.

      So, basically, you're wrong. And you're obnoxious, calling me a liar, especially when I'm not. Which means that the basic premise of my post, to persuade politely, is completely lost on an obnoxious jerk like you. So, I'll spell it out: in the interests of furthering OSS, DO NOT CONTACT BORLAND. You're completely incompetent do do anything but generate opposition.

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    20. Re:Ask Nicely by Doc+Ruby · · Score: 1

      OpenLaszlo generates SWF movies that play in MM's "Flash" player, and MM has nothing to do with OL. And there are other players, and many other cross-format tools, for using SWF, that have nothing to to with MM. And, as another post noted, the format's spec is published. That's pretty open.

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    21. Re:Ask Nicely by cortana · · Score: 1

      I am not disputing that there are other programs that write SWF files. Nor do I claim that there are no other players (I do claim, however, that there are no other working players. ;))

      I merely wish to point out that Flash is not an open standard.

      The spec is not frely available. There is no test suite for third party implementations. There is no Free reference implementation--only the official player, and if the spec differs from the player, you're fucked.

    22. Re:Ask Nicely by Doc+Ruby · · Score: 1

      The site has been successful, with much greater feedback from the public than its prior, HTML-only version - exceeding their expectations. It's generated lots of other business in that industry niche.

      The Flash site's author is one of the most successful independent web ad producers in America. They've got multiples of a full calendar from ad agencies here in NYC, charge top dollar, and have repeat business for years, due to consistently high ROI. When they used to do banner ads, they had a 6% clickthru rate, when industry average was 0.1%.

      The criticism was from someone committed to whining about OSS, regardless of the facts. A graphic designer themself - which they invoked in their criticism. Brief investigation revealed really shabby esthetics, and a tiny roster of rinky-dink customers. As I noted, polite response with the reasons for making a site unacceptable to them was met by hostile and obnoxious arguments.

      The Flash site is cleverly interactive, produced within schedule and budget, without the producer requiring much programming or other tech skills. Flash was exactly the right tool. It created an experience which its consumers liked enough to increase the subject's marketing profile, the goal of the site. And the only criticism, other than negligible anonymous noise insults targeted at anyone with a public presence, was that OSS whining.

      So those points you like so much are wrong, and won't be "sinking in" here anytime soon. The real world evidence is that the Flash site was good and right. You can argue from your principles all you like, but there's no arguing with success. That success which pleases the customer, because it pleases their customers. Customers all in the mass market, nontechnical, exactly where good design is most important, because they're unforgiving, interested only in immediate entertainment without compromise. Try projecting your imagined scenarios elsewhere, because this business ain't broke, and won't get any unnecesary fixing. If those lessons don't sink in for you, then at least keep the invalid criticism to people who might be misled by it.

      --

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      make install -not war

    23. Re:Ask Nicely by Doc+Ruby · · Score: 1

      Actually, the pool player thought the whiner was a jerk, and was happy not to have them possibly attending her games. And was pleased that the artist was shielding her from that kind of intractable complainer. The cost:benefit analysis of >95% is compelling, and the truth. Real customer service professionals recognize that not every customer can be pleased - certainly not every potential customer. A polite response with the facts was offered only because the complainer cited their own design work, revealing their status as a beginner designer (confirmed by examining their portfolio) who could benefit from a successful, experienced professional's insight. If they were able to engage in a polite transaction - which they proved unable to do. At that point, professional courtesy was exhausted, along with any obligation to help.

      Cost:benefit analysis applies to any successful enterprise. Customer service included. The complainer asked some simple questions, got some simple answers appropriate to their status, and rejected them. We regret they won't be paying any of us anything soon. But we also realize that the only possible answer that might make them a customer would be a revised site without Flash, which wasn't going to happen. I don't know where you test your customer service business theories, but if you really believe all the marketdroid punditry about pleasing everyone all the time, I've got a book about a bridge to sell you.

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    24. Re:Ask Nicely by fishbowl · · Score: 1


      >So those points you like so much are wrong, and
      >won't be "sinking in" here anytime soon.

      You're bargaining again. I gave you my point of view. By definition, it *Can't* be wrong. I don't care what you do, as long as you think about what you're doing and are happy with the results.

      But your response to me is all about *me*, and I already have my opinion, and I've shared it with you. It's nothing to do about me, and bargaining with me doesn't help you. You've missed the point.

      --
      -fb Everything not expressly forbidden is now mandatory.
    25. Re:Ask Nicely by Doc+Ruby · · Score: 1

      You don't even have a meaningful understanding of "opinion". To put it more palatably, your understanding of opinions is wrong. You have an opinion about whether an action was appropriate, or the right choice. The measurements of the results of that action are all positive, and the alternative is totally unrealistic. That's one way to know that your opinion is wrong. Analyses are wrong - just making a statement that isn't a fact doesn't protect you from being wrong. If my "opinion" that you're wrong can't be wrong, "by definition", how can you possibly deny it? Your comments can't escape their own tautology, so are not only wrong, but not even valid.

      You're even more wrong about what you call my "bargaining". I'm offering no compromise, no exchange of value, no flexibility in any terms, either intrinsic or extrinsic to our argument about whether my action was right. I have stated the factors in my analysis, including the real results and reactions of everyone involved, all of which support the conclusion that the action was the correct one. You have offered nothing but marketspeak and sanctimonious twaddle about "bargaining" and unaccountable "opinions". And have gone on to lie about the content of my posts, which have been composed of facts and logic analyzing my action contrary to your value judgements of them.

      "The point" is now that you are just as useless a rhetorical opponent, or collaborator, as the OSS whiner who insisted on complaining without a meaningful argument. "My mind is made up; don't confuse me with the facts". And psychobabble about "bargaining" and infallible "opinions" make even more clear that you are incapable of getting any point. You just like to see your own opinions on your screen, without entertaining any notions as to their quality. You're welcome to them, but you should expect that anyone with any sense will find them merely annoying distractions. To be ignored, once the courtesy of response has been exhausted to no effect.

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    26. Re:Ask Nicely by Vantage13 · · Score: 1
      Actually, the pool player thought the whiner was a jerk

      I'm sure it's quite possible he was, but he was still a potential customer.

      Real customer service professionals recognize that not every customer can be pleased

      Sure, if you re-read my post you'll notice this bit:

      Look, not everyone can support everything, and there are cost:benefit analysis that are done all the time, the difference is all in how you handle the customer

      I just feel from your description that it could have been handled much better, but whatever, you know the situation better than I do

      I wasn't even going to reply back to this post originally, but I saw the link to the site in another part of this thread and checked it out. I hate to break it to you, but the guy had a point. Most of the flash that I saw on there was useless. I know I certainly don't need my web browser playing music without me requesting it...

      And to top it all off, right off the bat on the front page this is what I see in my browser, mangled news and I have the official closed source latest flash plugin installed...

      Good thing I'm not a potential customer, but that site seems 0-2 so far...

    27. Re:Ask Nicely by DavidTC · · Score: 1
      I don't know what that has to do with anything, except it's even crappier than I imagined. It fucking starts playing music without permission, although oddly enough it wants permission to load the rest of the way...into something that looks like a damn dHTML web page, and would be trivial to code in any number of tools as such.

      Congrats, your developer friend is, in fact, a moron. Music without permission, which causes something like 20% of people to immediately close the browser, because they are in a place they cannot play music and do not have a volume knob handy. And a perfectly normal dynamic web page that takes 20 seconds to load on DSL, and then doesn't, in fact, actually load until you click something, which is just goofy.

      I shudder to think how long it takes over dialup.

      Oh, apparently you can turn the music off...after it loads and you click in it. Clever.

      The complaints about your web page have nothing to do with OSS at all. The person complaining was just using that as an excuse to attack the completely idiotic use of flash. You've managed to force everyone to download all the pictures and everything before seeing a single thing.

      I like how you say I'm wrong, though, when it is you who say it was an ad. It's is not an ad, it's a normal 'webpage', but it's not like I could magically find it to check. I don't think it's unreasonable to believe people (Well, at least not OSS advocates) do not complain when they can't see ads.

      And an 'open standard' is, by definition, a standard controlled by a community, not a specific company. The Windows API is not an open standard, even if MS perfectly documented it and Wine perfectly implimented it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    28. Re:Ask Nicely by Doc+Ruby · · Score: 1

      Of course, you're wrong again. Mainly about the whiner, whose unwelcome ranks you've joined (I suppose you're proud). They complained they couldn't see the site, because they didn't have Flash installed.

      I could go on destroying your individual complaints, but why waste my time? It's obvious that you're just like the OSS whiner. You've got your conclusions, and are just using words as a game to say what you want. Inane statements like the one I just revealed as your only "contribution" are the mark of people whose foregone conclusions govern your thinking. Have fun with them - they're all yours.

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      make install -not war

    29. Re:Ask Nicely by msouth · · Score: 1
      I'm a Linux/Libre software zealot who's 100% in favor of Flash. By not having it installed, I miss out on all the things on which I want to miss out.


      Yeah, well, it's hard to be credible at the same time you're saying that you want to miss out on strongbad email.

      http://homestarrunner.com/sbemail.html

      (n.b. this link won't do much for you since you don't have flash)

      The wagon fulla pancakes by itself is worth installing flash for.

      --
      Liberty uber alles.
    30. Re:Ask Nicely by maxwell+demon · · Score: 1

      Acording to the FSF, the Unisys patent already expired, but the IBM patent will expire at 2006-8-11.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    31. Re:Ask Nicely by oliderid · · Score: 1

      Don't ever let him get rid of that Flash. I've found that when I see a webpage that invites me to download Flash, I can just close that tab: there's nothing there for me to see. That's saved me a great deal of time and bandwidth which I might have wasted if those sites had used animated gifs instead. The GIF format open? Ask Unisys. To replace FLASH by GIF? I guess you have never visited a FLASH driven web site since 1997 or something...

    32. Re:Ask Nicely by Doc+Ruby · · Score: 1

      How do you explain OpenLaszlo?

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    33. Re:Ask Nicely by Doc+Ruby · · Score: 1

      Well, seeing as how Borland's debugger's success was followed by significant downsizing...

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    34. Re:Ask Nicely by fishbowl · · Score: 1

      You win, do what you want. I shared my opinion, you attacked my opinion instead of your problem. No big deal from where I sit.

      --
      -fb Everything not expressly forbidden is now mandatory.
    35. Re:Ask Nicely by DavidTC · · Score: 1
      Do I even need to reply to this?

      BTW, the damn music on that site almost woke up other people in my house last night.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    36. Re:Ask Nicely by RenoRelife · · Score: 1

      Now correct me if I'm wrong, but aren't animated GIF's unable to be displayed (properly, anyways) because they're decompressed using the closed source LZO algorithm?

  20. There's an uber-workaround by Anonymous Coward · · Score: 5, Interesting
    The uber-workaround for software patents is to have the code copyrighted and "owned" in Europe. Europe (as of now) has no software patents. The code can be developed anywhere, but the copyright must be transfered to some European entity and it must be distributed from Europe.

    Remember, patents don't mean you can't code it. You can code it. You can use it for personal non-commercial use. You can distribute the code. But you can't use it commercially, distribute binaries, or sell it.

    So the coders can continue doing their merry work, producing code that would violate patents were it compiled and distributed, and the distributors can continue merrily distributing the code in Europe.

    The only people who are left out of this are Americans who would have to buy licenses from Borland to use the code in the US. That's fine; Americans should either pay according to their laws or change their laws.

    But we shouldn't let American laws affect the rest of the world where they don't apply.

    We need to start doing this for all open source software. There is no way to avoid trampling on patents if you're writing any fairly large or complex piece of software these days, especially any software that involves codecs, pre-existing APIs, and pre-existing file formats. Well, just about any useful piece of large software involves such things. Rather than getting into a hissy-fit on Slashdot every time some patent issue is discovered, open source developers should just plan for the problem and plan to bypass it.

    The patent situation is not like the copyright situation. Copyright laws are roughly similar everywhere in the world and they are enforcable everywhere in the world. There are wide divergences in patent law around the world and most of the world is not burdened by America's folly in this regard. Why should developers bear the burden of one country's legal folly? Answer: developers shouldn't, and should simply pick the right jurisdiction for hosting the project.

    This isn't some radical idea here. MPlayer, for example, could not possibly exist as a US-based project. US coders can and do contribute to it, but it's based in Hungary, where it's safe.

    1. Re:There's an uber-workaround by RealAlaskan · · Score: 4, Insightful
      The uber-workaround for software patents is to have the code copyrighted and "owned" in Europe. Europe (as of now) has no software patents.

      ``As of now.'' Something about your proposal is worrying me, but as of now I can't put my finger on it.

      Yes, it's a good, sensible plan for today, but there's this terrible little flaw which keeps it from being a long term solution.

    2. Re:There's an uber-workaround by Colonel+Panic · · Score: 1

      Europe (as of now) has no software patents.

      It's the "as of now" part that is worrisome. Europe could very well have software patents in the next year or two. The WTO and US are basically forcing most of the rest of the world to adopt US-style IP laws.

      Maybe instead of Europe, you could distribute from Cuba. Not likely to be software patents there as long as Fidel is alive :)

      But seriously, is there a list of countries somewhere that are resisting software patents? (India just signed up a few weeks back)

    3. Re:There's an uber-workaround by mikefe · · Score: 1

      Maybe instead of Europe, you could distribute from Cuba. Not likely to be software patents there as long as Fidel is alive :)

      Maybe not. I hear he's dying soon.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    4. Re:There's an uber-workaround by marcosdumay · · Score: 1

      If sudenly most of Debian packages are on the non-us branch, I guess people will start to reconsider sofware patents. If we are fast enogh, it may happen before EU changes their minds.

    5. Re:There's an uber-workaround by RealAlaskan · · Score: 1
      If sudenly most of Debian packages are on the non-us branch, I guess people will start to reconsider sofware patents.

      Unhappily, most of us who would be aware of the change are already against software patents. Debian is used mainly by folks like me, who value freedom, for people _and_ their ideas.

      When MS and IBM start lobbying Congress to get rid of software patents (and business patents, too, please), then ``people will start to reconsider sofware patents.''

    6. Re:There's an uber-workaround by perrin · · Score: 4, Informative

      > Europe (as of now) has no software patents.

      Wrong. The European Patent Office (EPO) has issued thousands of software patents. There are just doubts as to their enforcability, and several member countries do not accept them at all. This is what the new EU directive (CIID) is all about.

    7. Re:There's an uber-workaround by gabebear · · Score: 1

      The US puts out these neat Special 301 Reports that tell all about the things countries are doing about IP that upset the US. If you read through you can find a couple countries that would be suitable, Jamiaca and Peru look like they might work to be patent havens.

    8. Re:There's an uber-workaround by Anonymous Coward · · Score: 1, Insightful

      "Remember, patents don't mean you can't code it. You can code it. You can use it for personal non-commercial use. You can distribute the code. But you can't use it commercially, distribute binaries,
      or sell it."

      Your comment carries quite a few inaccuracies and outright flawed conceptions.

      The only reason you can do the things you listed, is because you don't get caught, not because you're allowed to. My ethics do permit a "don't get caught" approach, but that's not the letter of the law.

    9. Re:There's an uber-workaround by Ulrich+Hobelmann · · Score: 1

      That's fine; Americans should either pay according to their laws or change their laws.

      God, I love you! That's the best thing I've heard in a long time, especially the "change" part.

    10. Re:There's an uber-workaround by Anonymous Coward · · Score: 1, Informative
      Remember, patents don't mean you can't code it. You can code it. You can use it for personal non-commercial use.

      This is completely wrong if you're trying to apply it to the US. A patent grants the right to exclude others from making, using, offering for sale, selling, or importing the invention. There's a very narrow exception for learning how the patented invention works or improving upon it (and you can patent the improved version, but nobody can make or use it without a license from the original patent holder as well) but not for any other development or use, non-commercial, personal, or otherwise.

    11. Re:There's an uber-workaround by myvirtualid · · Score: 1

      Remember, patents don't mean you can't code it. You can code it. You can use it for personal non-commercial use. You can distribute the code. But you can't use it commercially, distribute binaries, or sell it.

      Uh, no: A patent gives the patent holder the sole right to make, use or sell the invention. This means you cannot legally use SEH in the US unless you have a licensed implementation.

      Period, end of story, full stop.

      Of course, I can use any SEH implementation to my heart's content, so long as I don't take my laptop over the border.... :->

      --
      I'm here EdgeKeep Inc.
  21. C++ Standard? by wallykeyster · · Score: 3, Insightful

    Since this is a patented technology used in other compilers, I assume Borland licenses it but it can't be part of the C++ standard. This just seems to me like another great example of problems introduced when programmers rely on things that are not part of the standard. Whether it is Microsoft's custom portions of Java (which meant Java apps suddenly were no longer compatible with Sun's JVM) or vendor extensions to error handling, if you use a tool that does not meet defined standards, then you develop software that is much less useful (it may implement something cool but it has a more limited audience and an almost guaranteed shortened lifespan).

    1. Re:C++ Standard? by Anonymous Coward · · Score: 3, Informative

      The Structured Exception Handling in question is purely for C, and is unrelated to exceptions in C++ or Java or any other language's implementation of them. It's hardly even the only C-based implementation around, so there's no shortage of source-compatible solutions. It is the one Windows uses, however, so binary compatibility would seem to demand it. However, I don't know if SEH even works across a DLL boundary -- usually its usage is even confined to a single compilation unit.

    2. Re:C++ Standard? by Branka96 · · Score: 1

      You of course realize that gcc itself has a lot of extensions not compatible with the C or C++ standard. For this reason, a lot of Open Source code, including the Linux kernel, only compiles with gcc.

  22. what does the pattent cover? by RelliK · · Score: 1

    What is SEH? How is it different from exceptions found in C++, Java, python, etc.?

    --
    ___
    If you think big enough, you'll never have to do it.
    1. Re:what does the pattent cover? by merlin_jim · · Score: 2, Interesting

      AFAIK, SEH is a method for doing structured exception handling in any language.

      C++, Java, whatever... they all have exceptions. How does the compiler actually HANDLE the exception? SEH is a patent for how to put that exception information on the stack in an x86 environment.

      It's pretty specific and pretty proprietary; If you ask me this is an example of a good software patent for once. I'm sure SEH took a lot of work for the folks at Borland (and Microsoft?) to get working right. This isn't like Amazon's Oneclick patent; SEH is difficult and non-obvious.

      --
      I am disrespectful to dirt! Can you see that I am serious?!
    2. Re:what does the pattent cover? by hmckee · · Score: 1

      No, this is bad because Borland was given a patent for the ONE solution to a unique, but common, problem.

      They may have spent some effort to get this working, but any group of engineers faced with the task of unrolling a stack to get a stack trace when the hardware throws an exception would have come up with a nearly identical solution.

      It's more like your car running out of gas for the first time and you discover you need to refill the tank. The bad news is that a tire maker has patented the process of putting the nozzle in your car and charges you an extra fee for it.

    3. Re:what does the pattent cover? by tommck · · Score: 1

      Regardless of what the other poster said, this has nothing to do with C++ or Java or whatever exceptions.

      This is C exception handling. It's a way to handle exceptions in C only. It is a unique implementation and a valid patent (in the scheme of software patents).

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    4. Re:what does the pattent cover? by Anonymous Coward · · Score: 0

      C++ exception handlers can easily be implemented on top of SEH, however. Several popular compilers and C++ runtimes for Windows do exactly that.

    5. Re:what does the pattent cover? by Anonymous Coward · · Score: 1, Insightful

      It's a scheme for registering exception handler routines on the stack. Any language that supports any kind of notion of requesting a non-local transfer of control could use it. Microsoft's .NET runtime catches all structured exceptions (and maps certain common ones to CLR exception class instances), for instance.

    6. Re:what does the pattent cover? by tommck · · Score: 1

      Yes, but it was an innovative way of handling things and it's not the only way to do things. It just happens to be the best way for this situation, which is the point to patents. Borland did a lot of work on this back in the day and, as far as software patents go, this is a pretty good one, IMO.

      T

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
  23. Why now? by sugarmotor · · Score: 2, Informative

    The patent is at

    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=5,628,016.WKU.&OS=PN/5,628,016&RS =PN/5,628,016

    The Patent Number is 5,628,016

    There are two dates:

    May 6, 1997

    and

    Filed: June 15, 1994

    I assume the 1997 date is the "granted" date. Why is this problem surfacing now, almost ten years later??

    Stephan

    --
    http://stephan.sugarmotor.org
    1. Re:Why now? by eclectro · · Score: 1

      Actually patents are measured twenty years out from the filing date, giving this nine more years.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    2. Re:Why now? by sugarmotor · · Score: 1

      This patent is referenced by these:

      Patent Number / Title
      1 6,892,379 Methods and apparatus for use in aiding stack unwinding
      2 6,883,165 Apparatus and method for avoiding deadlocks in a multithreaded environment
      3 6,848,111 Zero overhead exception handling
      4 6,834,357 Establishing a pointer at a valid address location that is representative of a valid entry point of a communication routine
      5 6,826,748 Profiling program execution into registers of a computer
      6 6,799,262 Apparatus and method for creating instruction groups for explicity parallel architectures
      7 6,789,211 Storing in a reserved memory location data indicative of a stack location which stores the entry point of a dynamically loaded file
      8 6,789,181 Safety net paradigm for managing two computer execution modes
      9 6,779,107 Computer execution by opportunistic adaptation
      10 6,763,452 Modifying program execution based on profiling
      11 6,738,927 Target debugging application on digital signal processor validating link connection to host computer
      12 6,691,098 System and method for explaining exceptions in data
      13 6,654,952 Region based optimizations using data dependence graphs
      14 6,594,774 Method and apparatus for monitoring computer system objects to improve system reliability
      15 6,550,058 Stack clearing device and method
      16 6,421,740 Dynamic error lookup handler hierarchy
      17 6,412,109 Method for optimizing java bytecodes in the presence of try-catch blocks
      18 6,314,513 Method and apparatus for transferring data between a register stack and a memory resource
      19 6,311,323 Computer programming language statement building and information tool
      20 6,293,712 Method and apparatus for constructing a stack unwind data structure
      21 6,292,843 Quick loading of run time dynamic link library for OS/2
      22 6,289,446 Exception handling utilizing call instruction with context information
      23 6,263,401 Method and apparatus for transferring data between a register stack and a memory resource
      24 6,247,169 Structured exception-handling methods, apparatus, and computer program products
      25 6,205,491 Method and apparatus for deferred throwing of exceptions in C++
      26 6,189,141 Control path evaluating trace designator with dynamically adjustable thresholds for activation of tracing for high (hot) activity and low (cold) activity of flow control
      27 6,173,421 Centrally handling runtime errors
      28 6,164,841 Method, apparatus, and product for dynamic software code translation system
      29 6,148,437 System and method for jump-evaluated trace designation
      30 6,131,187 Method and system for translating exception handling semantics of a bytecode class file
      31 6,113,651 Compile method, a compiler, an exception handler, and a program recording medium
      32 6,104,873 Use of language instructions and functions across multiple processing sub-environments
      33 6,014,515 Enhanced stack unwind facility
      34 5,995,752 Use of language instructions and functions across multiple processing sub-environments
      35 5,963,737 Interupt vectoring for trace exception facility in computer systems
      36 5,948,113 System and method for centrally handling runtime errors
      37 5,946,492 Compiler that reduces call stack size through identification of stackless variables
      38 5,911,073 Method and apparatus for dynamic process monitoring through an ancillary control code system
      39 5,815,708 Method and apparatus for dynamically loading method call exception code in response to a software method exception generated in a client/server computer system
      40 5,815,702 Method and software products for continued application execution after generation of fatal exceptions
      41 5,812,759 Fault handling with loaded functions
      42 5,778,369 Method and apparatus for managing exceptions
      43 5,761,513 System and method for exception handling in dynamically linked programs

      What a mess!

      Stephan

      --
      http://stephan.sugarmotor.org
  24. Mod up parent by wallykeyster · · Score: 1

    Finally someone who actually bothered to RTFA and use their brain.

  25. Can someone clarify this .... by gstoddart · · Score: 1

    So what about this SEH is an issue.

    Last I knew, when you compile code that'll run under an OS, you're more or less stuck supporting the way that OS/hardware expects to run code. Is there some more optional/vendor specific stuff that is happening? On a UNIX system, at least, I can always peek at things with gdb no matter the compiler I used for it.

    Does this SEH stuff produce code that executes differently than other code? Is this unique to Windows?

    I'm just a little confused. =)

    --
    Lost at C:>. Found at C.
  26. Coincidence or serendipity? by mistermoonlight · · Score: 1

    Funny how this comes out right after WINE gets legal support

  27. Re:wine by DrJonesAC2 · · Score: 2, Funny

    Because Even Emulators Rock

  28. Winelib was X11 when Borland used it by Anonymous Coward · · Score: 0

    So its a moot point even if it did use SEH which it did not. It still used Winelib based SEH macros rather than compiler based exceptions.

    -sedwards

  29. OS/2, Prior Art by NullProg · · Score: 3, Interesting

    From Microsoft,

    In digging through obscure .H and .INC files to piece together what constitutes Win32 SEH, one of the best sources of information turned out to be the IBM OS/2 header files (particularly BSEXCPT.H). This shouldn't be too surprising if you've been in this business for a while. The SEH mechanisms described here were defined back when Microsoft was still working on OS/2. For this reason, you'll find SEH under Win32 and OS/2 to be remarkably similar.

    Article here:
    A Crash Course on the Depths of Win32(TM) Structured Exception Handling;

    Enjoy,

    --
    It's just the normal noises in here.
    1. Re:OS/2, Prior Art by Anonymous Coward · · Score: 1, Interesting

      Good article! That helps explain what SEH is at least, if not why Borland feels they have some right to it.

      One thing I am always suprised about in Windows documentation - how much people have to dig into the depths of the system to figure out what is going on. Someone at Microsoft has to have created all these structures and header files less than ten years ago - yet this all has the air of ancient archaeology. Did anyone at Microsoft write documentation the first time around? How do they possibly maintain and update software?

    2. Re:OS/2, Prior Art by Anonymous Coward · · Score: 0

      MS has the docs. Oh they do. But they typically do not release them. They got BURNED by them. Yes it is called the HWND

      The HWND was the most misused struct known. Everyone 'knew' the insides of it. So when it came time for them to make a new os (95 btw) they had this baggage. Crap that no longer made sense and was in some cases too small 16 bit vs 32 etc. Yet they had to leave it or break MAJOR applications. There were apis for most of the items in the HWND but other things that people wanted there was no API. So MS even told people to go into the HWND. They fixed the 'holes' but had to leave the mess or break a lot of things. MS belive it or not goes through a lot of trouble not to cause a total mess on a new version release. There are somethings they break of course it just can not be helped. But they do try.

      The headers are rarley documented very well anymore just because of that very reason. Applications were playing around in system structs that they had little reason being in. Yet the app needed to know or change some piece of information in them. No API existed and they 'hacked it till it worked'.

      MSDN is also bad for 'purging' things. It is why I keep the older MSDN disks as they come in handy once and awhile. Most of it is junk. But the docs/sdks I keep...

  30. Seems like much ado, about nothing, to me. by unicorn · · Score: 2, Insightful

    So all that's broken here, is the ability to complile code, that was written for Windows, into *nix binaries. That's all.

    Is there really that much Windows code, getting ported to *nix? Seems like virtually all FOSS development flows the other way.

    Large commercial companies that develop for Windows first, will have the resources to fix the code to compile the other direction.

    And is WINE/WINELIB really a good solution? By taking something written for a particular platform, and just recompiling it straight over to a new platform aren't you going to end up with horribly unoptimized code no matter what? Rewriting the code to use non Windows specific calls will buy you a LOT of speed, and whatnot, I would think.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
    1. Re:Seems like much ado, about nothing, to me. by Anonymous Coward · · Score: 1, Insightful

      Why would it really be sub optimal? Figure the if the app is *worth porting rather then a ground up rewrite, then chances are one of two things is ture:

      1. Most of the application is not interface, the bulk of the code is doing things the user does not "see", in which case a little extra cruft on the interface portion of the program won't impact performance much.

      2. The program is fantastic because of its interface. Redoing it in athena/gtk/qt/wx whatever would either be very hard or a sad substitute.

      Other then gui stuff which really has to replicate windows to work right at the application level for users, wine is mostly wrappers createing windows api's and calls with POSIX and X stuffs. Not to belittle the effort of the developers at all, I have never worked on wine or even looked at the code, I would guess that some of the wrappers required quite a bit of really clever codeing to put very diverse parts of a Unix system together to play windows. The shere volume of windows apis also makes it an incredible effort, and very impressive work. The thing is that these wrappers are just that in the end, and should execute very fast mostly.

  31. Please use the right terminology by ad0gg · · Score: 1

    This isn't a submarine patent as it was filed in 94 and granted 3 years later. And I'd assume borland was probably using it before the patent was granted instead of patenting vaporware and trying to delay the process long enough till invention becomes viable.

    --

    Have you ever been to a turkish prison?

    1. Re:Please use the right terminology by geomon · · Score: 1

      This isn't a submarine patent...

      Well, to pick a nit, I never said it was a submarine patent.

      My question was posed in an attempt to generate discussion over whether their were other companies outside of Microsoft who might hold submarine patents that could affect Wine development.

      Sorry I wasn't more clear.

      --
      "Rocky Rococo, at your cervix!"
  32. Umm... by tgd · · Score: 1

    Its a GCC problem, not a Wine problem. Wine can't do it because GCC doesn't support it.

    Unless Borland added it to GCC, the grandparent isn't the one who needs to RTFA and use their brain.

    1. Re:Umm... by wallykeyster · · Score: 1

      Which is why I recommended modding up the parent. Did you even read my post?

    2. Re:Umm... by NullProg · · Score: 1

      Its a GCC problem, not a Wine problem. Wine can't do it because GCC doesn't support it.

      Perhaps the GCC or the Wine people should help the OpenWatcom people with binary ELF support. Watcom supports SEH.

      Just a suggestion.
      Enjoy,

      --
      It's just the normal noises in here.
    3. Re:Umm... by tgd · · Score: 1

      Yes. The parent is wrong, so why did you suggest modding it up?

    4. Re:Umm... by wallykeyster · · Score: 1

      Interesting. I replied to this post but that is not where my message is threaded now. I apologize for the confusion.

  33. Let's Quit Whining and Fix this by TFGeditor · · Score: 2, Funny

    I know most of us here assembled are sick of all this software licensing crap. Slashdotter jokes notwithstanding, we are some of the most intelligent people on the planet. What say we combine that intellect and come up with a way to combat all this software patent madness?

    First suggestion: Elect a steering committee to form an organization/lobbying group.

    What do you think?

    --
    Ignorance is curable, stupid is forever.
    1. Re:Let's Quit Whining and Fix this by kclittle · · Score: 2, Insightful
      I think... show me the MONEY. There is money -- *lots* of it -- in patents, be they atom-centric or bit-centric. That's their intent; reward the inventor for inventing.

      So, if you plan on 'combating' sw patents, you're going to need ... MONEY. Righteous indignation ain't gonna cut it.

      --
      Generally, bash is superior to python in those environments where python is not installed.
    2. Re:Let's Quit Whining and Fix this by fcw · · Score: 1
      That's their intent; reward the inventor for inventing.

      Assuming, by "reward", you mean MONEY, patents aren't intended to reward inventors. There are plenty of inventors with patents but no rewards.

      The system that rewards inventors is called "business".

      Patents exist to compensate for situations in business where the investment needed to bring inventions to market wouldn't otherwise happen.

      If the investment happens anyway, or isn't needed to bring inventions to market, then patents are a burden. For example, software.

    3. Re:Let's Quit Whining and Fix this by bodfa · · Score: 1

      We will need some sort of oversight committee - to audit the steering committee

      It too would need to be elected.

    4. Re:Let's Quit Whining and Fix this by istewart · · Score: 1

      May I humbly suggest armed insurrection?

  34. Didn't Borland use WineLib by PinkX · · Score: 1

    When porting Delphi to Linux (Kylix)?

  35. Huh? by Grendel+Drago · · Score: 4, Funny

    Man, I wish I knew what that meant. It sounds pretty frickin' sweet.

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
  36. Screw Borland. by Creepy+Crawler · · Score: 1

    Just move Wine servers offshore somewhere like Hungary and set up (virtual) shop there.

    It worked for MPlayer.

    --
    1. Re:Screw Borland. by Anonymous Coward · · Score: 0

      Errr..... MPlayer hasn't been moved offshore.... it's a genuine Hungarian project :)

    2. Re:Screw Borland. by cas2000 · · Score: 1

      > Just move Wine servers offshore somewhere like
      > Hungary and set up (virtual) shop there.
      >
      > It worked for MPlayer.

      news just in: G.W. Bush adds Hungary to "Axis of Evil" terrorist list.

      Invas....ooops...Operation Hungarian Liberty scheduled for 3 months after massive anti-Hungary propaganda campaign has manufactured american public support.

      in the meantime, covert funding of skinhead and other neo-nazi groups will be increased.

  37. Unix's still around? by Anonymous Coward · · Score: 0

    Guess I've been doing too much Linix...

    1. Re:Unix's still around? by Anonymous Coward · · Score: 0

      and I've been too busy banging your mom.

  38. This is good news for the GPL. by Anonymous Coward · · Score: 0

    "Even worse, this makes it clear that using patent-encumbered software has a genuinely unpleasant viral effect on all your software."

    Hmmm, I thought the GPL was the one with the unpleasent viral effects?

  39. VMS was doing this in the 80's by valderost · · Score: 4, Informative

    Hopefully somebody investigates OpenVMS as potential prior art here. The OpenVMS Condition Handling Facility provides substantially the same exception-handling functionality as SEH and has had much of it since the 80's. http://h71000.www7.hp.com/doc/72final/5841/5841pro _038.html#chf_vaxalpha

    1. Re:VMS was doing this in the 80's by Vampyre4Linux · · Score: 1

      I agree that VMS has a very high probability of being prior art on the patent. Within VAX/VMS Condition Handling was done using hardware instructions, but it certainly appears that Borland's approach is just a software implementation of this. For a good description of VMS Condition Handling see http://cs.felk.cvut.cz/vms73/v73/5841/5841pro_026. html#cond_handling_chap. Any other old VMS hands have comment?

  40. Except even MPlayer isn't safe by rklrkl · · Score: 3, Informative
    "US coders can and do contribute to it [MPlayer], but it's based in Hungary, where it's safe."

    Funny, but its current home page doesn't exactly give me warm and fuzzy "safe" feelings. Methinks you chose a bad example there :-)

  41. oxymoron? by endoboy · · Score: 1

    what exactly is a "minor celebrity pool player"?

    is it something like "minor celebrity hair dresser" or "minor celebrity cab driver" ??

  42. -1, wrong by EvanED · · Score: 1

    Actually, SEH is entirely orthogonal to the language issue.

    MSVC provides non-standard extensions for C and C++ code, sure, but even if you compile C++ compliant exceptions with MSVC, it translates it behind the scenes to SEH.

    SEH is the way that exceptions are implemented, and is thus not connected to language features.

  43. Isn't that the point? by hanshotfirst · · Score: 4, Interesting
    The point of patents (and copyrights) is to guarantee financial gain for the inventor of a product for a certain period of time before the design or material is released to the public domain.

    Now, discussions whether that should apply to physical inventions only or software is a topic I'm not getting into here.

    I'm not going to touch how long those patents or copyrights should be - that war rages in enough other threads.

    The financial gain for the inventor/creator is part of the motivation for inventing/creating. As much as I dislike MS, they are entitled to the rights afforded by their patents. Like it or not software is patentable around here, so we are stuck with the consequences.

    -2, unpopular concept

    --
    Why, oh why, didn't I take the Blue Pill?
    1. Re:Isn't that the point? by Directrix1 · · Score: 1

      They are entitled to no such thing. I just put a lot of time and money into starting up a business. Now where's my guaranteed fucking return.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    2. Re:Isn't that the point? by Gogogoch · · Score: 1

      It is not a guaranteed financial gain, it is a guaranteed monopoly if you are prepared to flight infringement, and if you win. There is no guaranteed money, just protection.

      As for the previous reply to this, I'm not quite sure what your comment means other than expressiing some sort of outrage at something. Almost nothing is guaranteed, but patent law gives an inventor a chance of being rewarded for their efforts.

    3. Re:Isn't that the point? by nietsch · · Score: 1
      Like it or not software is patentable around here, so we are stuck with the consequences.
      Like it or not, buy your 'here' does not extend to here. Ever realised there is such a thing as 'the rest of the world', where sofware patents are not allowed?
      --
      This space is intentionally staring blankly at you
    4. Re:Isn't that the point? by Directrix1 · · Score: 1

      I'm just saying, why should these "inventors" be exempt from the free market. What makes their occupation special, and additionally when the USPTO is evaluating the validity of a patent, they should be taking into account the triviality of the invention. Except what may seem complex to a patent clerk can be trivial to others. At what point should I quit patenting things. Should I just submit my entire program function by function to the patent office. Isn't this what copyright is for?

      Secondly, on the note of free software and patents, why are we even allowing applicability here. A program is just a terse representation of the source it represents, and if the source looks like a patent then doesn't that mean that the source is essentially a rewording of the original patent. Can't patents themselves be distributed freely? Lastly, I thought the true intention of patents was to promote the spread of knowledge for the good of humanity, isn't this all that free software does.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    5. Re:Isn't that the point? by zerblat · · Score: 2, Insightful
      Perhaps that's the point of patents in today's perverted world. However, the original idea was that patents would encourage and stimulate invention and sharing of ideas. Instead of everyone trying to hide their methods from their competitors, the patent system gives inventors exclusive rights to their inventions in exchange for sharing information about the invention.

      However, the patent system doesn't guarentee financial gain for anyone (except for patent lawyers, that is). In some areas (e.g. medical research) the patent system works great and is necessary for a lot of the research to be commercially feasible. In other areas (CS) it rarely does any good, but instead causes lots of problems and actually inhibits innovation.

      --
      Please alter my pants as fashion dictates.
    6. Re:Isn't that the point? by Gogogoch · · Score: 1

      I know what you mean, but the inventors aren't exempt from the free market - anyone could work hard to come-up with the idea before them. Nothing is an impediment to this competition of invention - that's a free market. But a "free market" is not a "free" market in which goods have zero price.

      The thing that makes an inventor's occupation special is that their work, their output, is intellectual and can be copied and replicated with relative ease - and it's just not fair to allow that to happen without fair payment. The only way to protect or enforce that principle is with intellectual property law in its various forms: patent, copyright, trademark etc.

      Now, don't get me started with the USPTO. You are dead right about that - they are allowing through such crap that it makes you wonder if the system has broken down. I heard, though, that 750,000 patents are filed each year, and that there are 7,500 patent attourneys to process them. So, I suppose they would complain about being over-worked. I also heard that their philosophy now is 'approve everything, and let the courts sort it out'. Perhaps they are trying to apply free market principles!

      Patents do promote the spread of knowledge, as you say. They do it by giving an inventor the confidence to come out with their invention, letting people see what it is and how it works (although many patents try to avoid giving it all away). The patent system is based on this principle: in exchange for protection and a monopoly (for a time) your invention becomes public. To use the invention you must have a license, which usually involves license fees.

      If you think that patent law just can't give you the protection you need - to let out your secret would be a disaster no matter who you could sue - then you can keep it secret, and horde it as a 'trade secret'. Like the formula for Coca Cola or KFC's spices.

      Free software is different. Doesn't Open Source proceed by saying that the goods (software) have zero price, and that you can use it so long as you perpetuate the 'freeness' of the software? But this is not an economic model that serves inventors at all; it only works for service and support businesses and people. And for people who want free stuff (like me, I'm a hypocrit). The inventors and originators are rewarded only through personal satisfaction and kudos, and so surely companies with the business of creating new software and applications will never embrace Open Source - unless they can come up with a very strange business model, or can survive on support contracts and professional services alone.

      You are right though, free software does seem to be for the good of humanity and I wouldn't want it to go away. But not all software can be free, or the industry will collapse. Don't most Open Source workers do it in their spare time, and otherwise have a dayjob in the regular industry?

      Anyway, this is just my thought on it. I really appreciated your post and follow-up.

    7. Re:Isn't that the point? by Anonymous Coward · · Score: 0

      Once written, software is not scarce, therefore it shouldn't be rationed as an economic good (reducing the benefit our civilization derives from its existence). The scarce good that should be rationed is the labor required to write the software. Doctors and plumbers don't need to charge many times for work they only did once, nor exert control over what their customers do with the results.

    8. Re:Isn't that the point? by Directrix1 · · Score: 1

      Well, as far as I see it. The "inventors" (or at least the ones that file patents) in the software world are mainly the corporations who do a lot of dreaming and not much of anything else. The massive R&D companies who, having discovered little else that can prop them up, decide to be a malignant cancer on the sides of productive workers and businesses. The kind of cancer that yield no symptoms until it has metastasized throughout your body of works, and it is to late to cut it off (how do you like that analogy :-P ). I believe implementations should rule the day. Before software patents were legalized people still innovated. The innovative products were the ones that were bought, and the rest died. Business naturally pushes for this innovation, it does not need any artificial legalized monopoly to prop it up. Also, there is a lot of money to be made if you are first to market, don't kid yourself. Let the product that is more superior win. Thats what a free market is all about.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    9. Re:Isn't that the point? by Anonymous Coward · · Score: 0

      WTF? We are stuck with it? Are you drunk? Hitler thought he had a good thing going. Just because he was around should people have just accepted what he was doing without wanting to stop him? Again I ask ARE YOU SOBER? Software patents are evil because more than any other thing, software is ideas. It isn't a product. It's packaged like a product, but software is just a recipe, it isn't a cake. When someone patents 'break eggs, only allow inside contents', then all other cakes must either have 'eggshells included', or 'no eggs'. If patents are to allow the originator of the patent an advantage, fine. They get 10 years. They cannot sell their patent. After 10 years, the patent is expired, and no one else can file a patent for that or a similar idea. As it is, patents are treated like objects. They suppress freedom of thought (and rightfully should be fought on constitutional grounds). Many a great idea was killed off, because 1% of it was patented. The madness must not be allowed to continue.

    10. Re:Isn't that the point? by GreyWizard · · Score: 1

      -2, unpopular concept

      Yeah, yeah, we get it. You're a fearless nonconformist, just like everyone else around here. You say we have to live with the consequences of the patent system as it is? What an amazing insight! Nobody else realized that! You're a hero!

      Now shut up.

      --
      Not all those who wander are lost.
    11. Re:Isn't that the point? by Gogogoch · · Score: 1

      I don't understand your logic. You seem to be saying that labor is valuable, but intellectual labor is not.

      The situation with Doctors is more complicated than you assume. Firstly, they are licensed. This protects their profession and themselves since it takes a lot of investment, time, enegery and study to qualify as a Doctor.

      Secondly, Doctors do charge many times for the work they do only once - meaning that having mastered a technique they do it over and over, and charge a pretty penny for it. Imagine writing a subroutine, and then finding that your could write the exact same one a thousand times and get paid every time. Nice business, right? But you have to qualify to do it in the first place, and having done that your rights are protected.

      It's stretching the analogiy, but the patent infringement/free software concept would play something like this: imagine if the act of an experienced Doctor delivering a procedure (like delivering a baby, or removing an appendix) could be captured and repeated ad infinitum without the Doctor ever having to be involved again. This would be great for mothers and people with appendicitis, but would immediately put Doctors out of business, and innovation in these areas would cease.

      As for plumbers, here there are building codes and building inspectors who regulate what kind of work gets done - and to make sure that safety standards are met. When dealing with something more dangerous you'll find that plumbers working on gas piping and appliances have to be licensed. This protects their hard earned qualifications from cowboys, and protects the public in maintaining a standard.

      I completely agree that sometimes these laws seem unfair and restrictive, and they probably are. One could hardly say that they are perfect.

  44. An Alternative? by eskwayrd · · Score: 2, Interesting

    How about someone from GCC and/or Wine contact Borland and ask how much a license would cost to include SEH in these products? Or, ask them how much they'd be willing to part with the patent for?

    If it's feasible, organize a fundraising effort from the OSS community, buy the license/patent from Borland, and immediately release the code under the appropriate xGPL. Many OSS contributors are corporations with a fair bit of money, so I see this as being at least worth discussing.

    If nothing else, this is a straightforward way to 'play fair', rather than all the wrangling about submarine patents and how the patent system is so obviously broken. I personally agree with these sentiments, but we've never going to get anywhere yelling about a currently unsolvable problem. Rather than bash Borland in this instance, why not give them a chance to demonstrate how reasonable they could be?

    --
    eskwayrd = m^2c^4
    1. Re:An Alternative? by Anonymous Coward · · Score: 0

      Are you volunteering to lead the effort?

    2. Re:An Alternative? by DaveV1.0 · · Score: 1
      Or better yet, go to Borland and ask the following in order:
      1. This is our code. Is it so close to your code that it infringes on your patent? If not, the would you sign this paper saying so?
      2. If yes, Can we have a free license?
      3. If not, how much will a license for your patent cost us?

      And work from there. For all anyone knows, Borland may just GIVE a license to winelib for free if they think they can get more people to use their products. Granted, they may (will probably) say "No, you have to pay us X." but it can't hurt to ask, and will at least give a solution to the problem.
      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  45. Only for porting windows apps to linux .... by scharkalvin · · Score: 4, Interesting

    Since this problem only affects porting existing windows code to Linux, it could be solved by
    using the MS tools and linking the app with winlib.
    Before you flame this, consider who would be doing this....someone who has a closed source application already working on Windows and wants to sell his application to the Linux market. IIRC, winlib is licensed under the LGPL, so this approach would be legal. (and this is EXACTLY how Coral ported Wordperfect 2000 from windows to Linux).

    1. Re:Only for porting windows apps to linux .... by Anonymous Coward · · Score: 0

      This also applies to anyone wanting to write software for windows using gcc.

  46. Linux is still around? by kfg · · Score: 1

    Guess I've been doing too much mind melding with the Horta.

    KFG

  47. prior art ?? PL/1 exception handling by Anonymous Coward · · Score: 1, Interesting

    so how does this C++ SEH stuff differ from the elaborate
    exception handling that PL/1 has had since the '60s, '70s ??

    and wouldn't almost any PL/1 implementation have used
    the the patented technique ??

  48. Stupid software patents-quoth the lawyer. by Anonymous Coward · · Score: 0

    "Again, I hate software patents. There's no point."

    Hmmm. I didn't know that slashdot had the highest concentration of lawyers on the planet.

    "Most of what you'd want to protect is covered by copyright. If it can't be covered by copyright, well, then it's something so basic (like "the dog is big") that it's almost impossible to express something without doing it that way."

    Maybe the "I hate patents" and the "I hate copyright" people can get together and hammer out an agreement, because as it stands, you both are talking against each other.

    "Again, this is where the idea of a software patent is stupid. Don't allow people to do things in ways that you really couldn't cover with copyright?"

    Considering how much this group is a stickler for definitions. e.g. copyright violations vs pirating. You all seem to be having some trouble discerning the differences between copyright and patents and why that's so.

    "Ok, now I find myself back to the argument that source code is speech, and hence not patentable."

    And speech is executable on human being. Love those bugs. How do you crash a human?

    1. Re:Stupid software patents-quoth the lawyer. by dgatwood · · Score: 2, Insightful
      Maybe the "I hate patents" and the "I hate copyright" people can get together and hammer out an agreement, because as it stands, you both are talking against each other.

      Both groups make the same points for the same reason: the terms on patents and copyrights are ridiculously long---far too long to avoid interfering with the continued evolution of technology. Patents in the field of computing should be at MOST three years, not twenty.

      Twenty years makes sense for some physical inventions because it may take several years to go from a working design to mass manufacturing. For software, five years later, a product is not only old news, more than 90% of the time, it has been completely superceded by other products on the market and is no longer even being manufactured. Having the same patent term for computer software as for physical inventions is patently ridiculous (no pun intended).

      --

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

  49. In Marvin's Voice by IdahoEv · · Score: 1, Funny

    There are workarounds, but you won't like them.

    I swear I heard Alan Rickman's voice reading this line to me.

    --
    I stole this sig from someone cleverer than me.
    1. Re:In Marvin's Voice by danpbrowning · · Score: 1

      Me too! I was going to make a joke about it, but figured the article summary was as good as I could do anyway. :)

      --
      Daniel
  50. Re:what does the pattent cover?-OSS Gloves. by derubergeek · · Score: 1
    Anything that stops one group of people from getting what they want is bad. "Difficult" and "non-obvious" play no part in that decision.

    Agreed. I think I'm going to switch back to IE on Windows. Because Firefox is stopping a group of people from installing spyware on my computer and, thus, preventing one group of people from getting what they want.

    --
    Trust me. This is an inactive account. Regardless of what the /. bean counters might report.
  51. Workarounds... by holy_robot · · Score: 0, Redundant

    I could calculate your chances of a workaround... but you wouldn't like it.

    --
    Just cause you feel it doesn't mean it's there.
  52. FUD? by MarkusQ · · Score: 4, Informative

    until 4.0, gcc's backend was entirely and deliberately undocumented
    My first thought was, gee, that's not been my experience--as I recall, although it was complicated, it was rather well documented. So I did a bit of Google and found that other people seemed to agree with me (i.e., they say things like "Furthermore, compared to the other compiler projects, GCC offered the most comprehensive documentation for backend porters." and so forth).

    The only thing I could find that even sort of suport your claim was RMS's thing about not wanting the backend to drift into becoming an LGPL black-box (thus chilling the development of new GPL'd front ends).

    So, do you care to back your claim up?

    --MarkusQ

  53. Re:Wait a minute... by Dan+Berlin · · Score: 3, Informative

    This is completely untrue and misinformed. The original patent on graph coloring has expired (or will expire soon), and IBM granted the right to use it in any GPL'd software anyway. Rice University also granted the use of the patent on Preston Brigg's improvements to GPL'd software. So GCC could, and in fact has, implemented graph coloring register allocation (see the new-regalloc branch), over 2 years ago.

  54. Re:what does the pattent cover?-OSS Gloves. by Anonymous Coward · · Score: 0

    "Anything that stops one group of people from getting what they want is bad."

    Sounds like this was written by a spoiled brat!

  55. Past tense by Micah · · Score: 2, Interesting

    That should be in the past tense. Kylix is toast. Has been for a year or two. Borland screwed the pooch royally with it.

    Reason #372 to never trust anything important to a proprietary platform.

    1. Re:Past tense by gnuman99 · · Score: 1

      Of course Kylix is toast! Who whould use Kylix instead of Qt directly?

    2. Re:Past tense by Anonymous Coward · · Score: 0
      If Kylix is the bronze medal winner in the special olympics, QT is silver.

      Only retards use either.

    3. Re:Past tense by ReallyNiceGuy · · Score: 1

      Go back to your cave, Troll!

  56. Re:what does the pattent cover?-OSS Gloves. by Anonymous Coward · · Score: 0

    It sounds like SEH is abstracted in such a way that application developers have no knowledge of its details.

    By that it should be entirely possible to code a work-alike to SEH that doesn't use the same methods, correct?

  57. patent WHERE? by Anonymous Coward · · Score: 0

    I am not a US citizen, software patents are not in force here, do I really have to care?

  58. Software Patents by psychofox · · Score: 2, Interesting
    Man, I HATE software patents, with a passion.

    I used to work for a large bank, the largest investment bank in the world in fact. A couple of years ago they sent an internal memo around proclaiming that they had just lodged their first patent and were well proud of it. They said something like "we have another several hundred in the pipeline". I wrote an semi-anonymous email back to the global head of the division of IT where I work, basically saying that that he'd better be ready to reap the whirlwind once all the banks started realising that they could patent ridiculously simple concepts (like using a PDA with realtime updates to enhance the productivity of specialists on the floor of the exchange, which was we had apparently 'invented').

    I never heard another thing about software patents and a few months go I left.

  59. A different interpretation of SEH? by e-bart · · Score: 1

    So, what is pattented exactly? Is it the SEH syntax - or - the way the compiler works with the syntax? I'm not a C++ developer, so this is probably extremely stupid. But could there be a way that the SEH syntax is interpreted differently by the compiler so that the behaviour doesn't (exactly) match the behaviour defined in the patent? This way, people can leave the SEH syntax unchanged in their code.

    1. Re:A different interpretation of SEH? by rikennedy · · Score: 2, Interesting

      It's neither the SEH syntax nor how the compiler works with the SEH syntax that's patented. In fact, the patent has nothing whatsoever to do with syntax.

      The C++ language specification describes something that it calls "exceptions." It describes what is supposed to happen when you say throw X, and it says what happens when you say catch (Y). What the specification does not say is how a compiler implementer is supposed to make a program do what the specification says the program should do. The specification doesn't say, for instance, that i = 2 must be translated into the (Intel) machine code mov eax, 2, and it doesn't say what machine code the compiler should generate for throw X. Those choices are left to the compiler implementers, such as Microsoft, Borland, and the authors of GCC.

      The patent describes how Borland managed to implement part of the C++ language by using Windows Structured Exception Handling.

      (I think I should point out that there may be other kinds of exception-handling that are also structured, but the term "SEH" in this context refers to the particular way that exceptions work in Windows (and OS/2). An earlier comment refered to Matt Pietrek's 1997 Microsoft Systems Journal article, A Crash Course on the Depths of Win32(TM) Structured Exception Handling. Readers of that article will notice that there's really very little in it about C++. Instead, it describes how Microsoft's __try, __finally, and __except work, not the C++ try and catch. That's because Windows SEH and C++ exceptions are completely separate concepts. You can have each without the other. It's just unfortunate that they both use the term "exception," so many people think it's all the same thing. The Microsoft extensions allow the programmer to hook into the OS's SEH facilities.)

      The patent does not cover SEH itself. For anyone reading the patent, you need to realize that nearly half the text of the patent is dedicated solely to background information. It gives an overview of what exceptions are; it briefly describes another way of implementing C++ exceptions by using special return codes that compiler-generated code interprets after every function returns; it goes to great length describing how SEH works in OS/2 and Windows.

      Eventually, the patent document gets to the meat of the patent, describing exactly how Borland devised a way to use the native OS exception facilities to implement C++'s notion of exceptions. It's certainly not the only way to implement the feature, but it seems like a pretty good way, so I can see why someone would want to patent it.

      (We now enter the part of my post that I'm unsure about; I welcome clarifications anyone cares to give.)

      Now, how does this all apply to GCC and Winelib? I'm not really sure; I've never used Wine or Winelib. Winelib is for taking source code written to target Windows and instead compiling it for Linux without having to change all the code, right? The way I see it, unless that source code was taking advantage of SEH directly, there should be nothing to change. Direct use of SEH is just foolish; it's very complicated, and you're liable to get it wrong. Instead, the code should be using language features like throw and catch, which GCC is free to implement however it wants, or the code should be using API functions like RaiseException, which Winelib is free implement however it wants (but which should probably be compatible with how GCC implements exceptions).

      And Wine itself is to make already-compiled Windows programs run on Linux, right? So its job is different from Winelib's. Wine needs to not only implement API functions, but also mimic various OS behavior that the programs will be expecting. Specifically, it needs to mimic Windows SEH so that the programs can raise and handle exceptions properly. I figure

      --
      Rob
    2. Re:A different interpretation of SEH? by e-bart · · Score: 1

      Thanx for that clarification... :)

  60. So what? by Pig+Hogger · · Score: 1
    So what's the big deal?

    There are plenty of countries who don't allow software patents. Just move the "official" location of WINE to one of those, and voilà, instant immunity.

    And if those who still want software patents insist, well, let them put customs posts on the Internet to prevent them from downloading it.

    1. Re:So what? by Anonymous Coward · · Score: 0

      Only for the people hosting the bits. If the developers lived in a country that allowed the patent, they'd still be guilty of having infringed it, as would any users living there (importing a patented invention without a license is infringement, even after customs failed to stop you).

    2. Re:So what? by Vegeta99 · · Score: 1

      THen the software cannot be used in any country where the patent is valid.

    3. Re:So what? by Pig+Hogger · · Score: 1
      THen the software cannot be used in any country where the patent is valid.
      And who will find out? The software police?
    4. Re:So what? by Anonymous Coward · · Score: 0

      Anyone with a grudge who ever saw you using it. Or the patent holders could find you using RIAA tactics (you have to get the bits from somewhere, and upgrades too). More generally, in what sense is it "open source" if large groups have to keep any use of the code secret and can't discuss uses or desired improvements or openly offer patches?

    5. Re:So what? by Vegeta99 · · Score: 1

      That's not the problem. I'd use it either way, patent encumbered or not. But remember the story from last week, stating that Wine now has legal backup to attract larger, enterprise developers who would have otherwise feared legal action? Those same developers will be shied away if there is a chance of legal action for working with the patent-encumbered code.

  61. Non sequitur by alexo · · Score: 3, Informative


    > This is a story about a shortcoming of gcc and Winelib because so many
    > Windows C++ developers use SEH instead of sticking to standard C++.


    There are a lot of things that standard C++ does not cover:
    UI, Device I/O, Threading, Synchronization, Async I/O, Interprocess Communications, Virtual Memory management, Registry access, Networking, etc.
    For that, you must use the underlying OS features (either directly or via a library that abstracts it).

    SEH is one such element. It allows you to catch "system" exceptions such as access violations. It is an OS feature that standard C++ does not address.

    Quoting form the MSDN:
    [The] difference is that the structured exception handling model is referred to as "asynchronous" in that exceptions occur secondary to the normal flow of control. The C++ exception handling mechanism is fully "synchronous," which means that exceptions occur only when they are thrown.

    1. Re:Non sequitur by SilverspurG · · Score: 1
      There are a lot of things that standard C++ does not cover: ... Registry access
      Thank God for that. Registries are a security fubar waiting to happen.
      --
      fast as fast can be. you'll never catch me.
    2. Re:Non sequitur by Pseudonym · · Score: 3, Insightful

      Don't knock the idea of registries just because Microsoft can't implement them properly.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    3. Re:Non sequitur by Dysan2k · · Score: 1

      Boy, no kidding there. Registries really make a lot of integration between applications and even between multi-user sessions SO much easier. M$ just gave them a really, REALLY bad rap. Unfortunatly, because of this, it'll be near impossible to impliment registry-like setups within Linux because of the insane number of short-hairy trolls that'll come out of the woodwork.

      --
      -What have you contributed lately?
    4. Re:Non sequitur by Anonymous Coward · · Score: 0

      Are you insane? What is the purpose of registries other than to have a common, collected point of global failure where you can take inportant system and application configuration information, seperate it from the system and application in an unholy and ungodly way (modularization and encapsulation bedamned), and put it in a place far removed where it can serve as a global point of complete system failure. Were you drunk when you posted, or was it that you've never studied structured modular software design (or both)? I hate to be so negative, but registries are fscking stupid as a design decision. You might as well store your application configuration information in another country (oh wait, they call that one Longhorn). Even as an administrative tool to control users it fails (one configuration for all users that are not 'Administrator'). Bad bad bad! Even ACL's can't help here (since they only control data, not application features per user). Bad, bad, bad!

    5. Re:Non sequitur by Anonymous Coward · · Score: 0

      Calm down; the registry is just a typesafe filesystem. The alternative, wherein every app invents its own config file syntax, serialization code, and change monitoring (if you should be so lucky!) is a huge waste of effort.

    6. Re:Non sequitur by Pseudonym · · Score: 1
      Were you drunk when you posted, or was it that you've never studied structured modular software design (or both)?

      Actually, based on your response, I probably understand it better than you do.

      A registry, in object oriented design pattern parlance, is a mapping from a reified type to an object factory, more or less. The Windows NT platform is basically a huge middleware virtual machine, along with a bunch of standard (though not very well-designed) interfaces.

      One crucial purpose of the Windows registry is to store information about how to resolve middleware components. If you are basically a middleware platform, you need a registry. Your task, should you choose to accept, is to implement one sanely.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    7. Re:Non sequitur by maxwell+demon · · Score: 1
      Unfortunatly, because of this, it'll be near impossible to impliment registry-like setups within Linux because of the insane number of short-hairy trolls that'll come out of the woodwork.

      Well, just don't call it registry. Call it "configuration database" or something similar.
      --
      The Tao of math: The numbers you can count are not the real numbers.
    8. Re:Non sequitur by Anonymous Coward · · Score: 0

      The Windows NT platform is basically a huge middleware virtual machine...

      Buzzword-encrusted bullshit.

    9. Re:Non sequitur by Pseudonym · · Score: 1
      Buzzword-encrusted bullshit.

      Yes. But true nonetheless.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    10. Re:Non sequitur by PeterBrett · · Score: 1

      Well, just don't call it registry. Call it "configuration database" or something similar.

      Ah, you mean exactly like GNOME does!

    11. Re:Non sequitur by renoX · · Score: 1

      For something to be true or false, it must first be understandable with putting so much buzzwords in your description, you obscured to the point I don't care if it's true or false..

      In other words: KISS!!

    12. Re:Non sequitur by Anonymous Coward · · Score: 0

      Registries violate the KISS principle. That's why it's a bad idea.

      It's also one of the main reasons it's so difficult to move software around. Try to copy your app to another computer? haha, good luck. You'll have to reinstall. That generally doesn't happen on Linux since there's no registry.

    13. Re:Non sequitur by Pseudonym · · Score: 1

      A Windows expert could easily say the same about words like "pipe" and "zombie". They would also point out that the supposed "Unix philosophy" of small programs connected by pipes is rarely used by big applications or application suites. And even if you did want to use it, you'd have to implement your own protocols.

      Much simpler, they'd argue, to have a system whereby any component can interact with any other via a standard set of interfaces served by a central repository. You can then just glue together what bits you want and everything should, in theory, work. You can even put the bits on different machines if you need it to scale.

      This is why many large Unix applications (though not Linux, interestingly) are based on CORBA.

      Now I'm not defending this point of view. My point is that the software component story of Unix and Linux is not necessarily any simpler. Sure, we don't have a DLL versioning problem. Absolutely, we're not tied to Microsoft's severely broken standard interfaces. Yes, we don't have to deal with Microsoft's extremely idiosyncratic registry. The price we pay is that we don't have code reuse above the library level and even then, every new language needs to implement a new glue layer for them.

      It's certainly not necessarily simpler, in the KISS sense.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    14. Re:Non sequitur by SilverspurG · · Score: 1

      Effort is never wasted if that's what it takes to do the job properly.

      Sex, as one example. If done properly it takes about two weeks.

      Back to computer programming. The security snafu that is a registry will never be balanced by the fictitious ease-of-integration. Just like government: it is preached and sold on benefits that no one bothers to go back and check for after the go-ahead. That ease-of-integration will never be implemented properly with a registry. All registries do is create their own subset of problems and waste more resources troubleshooting them. There's also aging: real bit rot and cruft.

      If you can't integrate without a registry it's probably because you've forgotten that the first rule of programming is to communicate with the other programmers.

      --
      fast as fast can be. you'll never catch me.
  62. Time for gcc-non-us? by Anonymous Coward · · Score: 0

    Patch set could be maintained outside the corporate reich of america (USA), or something?

  63. Yes! by MarkusQ · · Score: 1

    Yes! Exactly! I just droped my last foe to add you to my friends list.

    I can't recall who said it first, but I agree with the adage "any idea that can't be convincingly explained without using several different colours has a serious flaw in it somewhere."

    --MarkusQ

    1. Re:Yes! by RealAlaskan · · Score: 1
      I agree with the adage "any idea that can't be convincingly explained without using several different colours has a serious flaw in it somewhere."

      As a counter example, how about the four color theorem?

      Still, if we make that: "Any idea that can't be convincingly explained without using several different colours and animation has a serious flaw in it somewhere.", I think we'll be in perfect agreement. Especially since that sort of idea usually involves dancing hamsters or so.

    2. Re:Yes! by MarkusQ · · Score: 1

      As a counter example, how about the four color theorem?
      Case in point--the idea can just as well be explained by assigning numbers or any other sort of label to the nodes, and was in fact finaly proved via a computer program which (one would hope) could be understood without reliance on a syntax-highlighting editor.

      Or, for that matter, dancing hamsters.

      I have on my shelf two books that discribe the proof, one in the abstract and the other in gory detail. Both are simple black-and-white, non-flash math books.

      --MarkusQ

  64. Enough alrady. by nrlightfoot · · Score: 2, Funny

    Let's just start our own country and be done with all these stupid laws.

    --
    what sig?
    1. Re:Enough alrady. by Anonymous Coward · · Score: 0

      I would if I could find some land... :)

    2. Re:Enough alrady. by freality · · Score: 1

      New land is only one kind of place form a new country ;)

  65. And for those of us that want by pair-a-noyd · · Score: 1

    nothing to do with running any MS code, this affects us how?

    I see people wringing their hands like this is the end of the world.

    Hey, this is the "GNU/Linux" world were talking about, isn't it?

    I dumped MS a few years ago and switched to Linux because I wanted to dump MS and run Linux, not because I wanted to run Linux so I could run MS.

    I'm sorry but I fail to see why everyone is so gung-ho to run MS apps under Linux. I don't.
    Yeah, I have wine installed on my Suse 9.3 machine but I have no use for it.
    I can't think of or name ONE windows program that I would want to run.

    So far I've been able to find an equivalent Linux program for all of my needs.

    OOTB, my Suse 9.3 pro does HUNDREDS of times more things than an OOTB MS XP "Pro" system does.
    And for the few things that it doesn't do OOTB, there's apt-get & Synaptic. A few minutes of following the instructions at the "guru" page to install apt & synaptic and I'm totally taken care of. EVERYTHING I want my PC to do, it does.

    I really wish people would quit trying so hard to make Linux into Windows. It ain't windows and that's exactly why I love it so much!

    1. Re:And for those of us that want by Hamstij · · Score: 1
      I can't think of or name ONE windows program that I would want to run.

      Yes, but you and what you do on your computer is not representative of everyone.

      A lot of other people have very good reasons for running MS software under linux. Take a web developer for example. It is possible to develop websites under linux, but because of the severly broken nature of IE, you have to test every page you write on it to make sure it renders. Hence installing IE under wine is necessary.

      This is but one example...

      Just because you don't do something doesn't mean there aren't legitimate reasons why someone else would want to do the same thing.

    2. Re:And for those of us that want by pair-a-noyd · · Score: 1

      granted..

      But really, the thing is, as people work harder and harder to make Linux more MS friendly, the more likely it is that Linux will begin to experience the PROBLEMS of the MS world. And I don't think I need to list those, we all know about them.

      Running MS apps on a Linux box is just the camels nose under the tent. I get virus and trojans emailed to me all the time and I just laugh them away.. For now..

      As Linux becomes more MS friendly I can see that I will just sit back in the stone age and run my older versions so that they can't be hammered like the flavor of the moment will be..

    3. Re:And for those of us that want by Narchie+Troll · · Score: 1

      A serious problem. I have devised the fabulous workaround of asking someone who has IE to check it out and make sure it looks all right.

      Shocking, I know, but it actually works.

    4. Re:And for those of us that want by Anonymous Coward · · Score: 0

      Apparently you do not play video games.

      There are some games under linux. But not a lot. If you want the latest games...

      The open source community needs to get rid of the NIH (not invented here) thing. They need to start making things that do not exist else where. Things people MUST have. Or they will forever be the runner up. A ghost chasing the light. Oh sure there are cool things in Linux distros. But they are almost ALL clones of something in windows or apple or sun or irix.

      Linux is HELL bent on making itself a user friendly comidity clone. Instead of making it something people MUST have.

  66. Re:Yeah by symbolic · · Score: 1

    ...like using copyrighted MP3s?

  67. Hmmm by Anonymous Coward · · Score: 0

    "Hmmm. I didn't know that slashdot had the highest concentration of lawyers on the planet."

    Hmmm. I didn't know you had to be a lawyer to recognize stupidity.

    Or maybe you have to be a lawyer to pretend it doesn't exist.

  68. How exactly... by Anonymous Coward · · Score: 0

    Would this poor, but European, entity shield foreign users of their software from the laws of other nations?

    If the RIAA can do it....

    (Although Sony looking down the barrel for stealing that guy's song on two Britney Spears albums is freaking HILLARIOUS)

  69. Alright by orasio · · Score: 1

    "The right tool for the job"

    There was another guy who used to say that, some Finnish guy, some "Torvalds" guy.
    There's a rumor, though, that that kind of turbocharged pragmatism didn't go so well for him.

    Some times it's good to think beyond development costs, and into the consequences of what we do.

    For a flash site, well, you say it, adobe just bought Macromedia, so now nothing is certain in the future of Flash, it could be great, good, or become the animated equivalent of Acrobat for the web. And you wouldn't have any options.
    Using an standard like GIF, which is not anymore encumbered with patents, you are in a safer place, with a known future, and you are using standards.
    Plus, 95% is too small a percentage for a promotional site. 99%, at least, would be more like it, if you can't acheive 100%.

  70. Flash is essential for one thing (*cough*) by Dogtanian · · Score: 1

    Disabling Flash does have an effect on a *large* number of worthwhile sites; namely, you can't see the ads.

    Of course, the editorial is still normally usable. Even worse, by using Flash instead of animated GIFs for their annoying ads (I already had GIF-animation disabled; I disabled Flash *specifically* when they started using it for pseudo-animated-GIFs), I don't see *anything* except the "missing plugin" message.

    An animated GIF that is prevented from animating can still intrigue (often more so than if it were allowed to move, since I get to see the enticing first frame, but have to click on it to find out the punchline). The disabled Flash replacement, OTOH, is 100% useless for selling to me. I know *nothing* about the ad that's meant to be there.

    If I ever need Flash, I'll use IE under Windows, but otherwise, it's just not worth the hassle 99% of the time.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:Flash is essential for one thing (*cough*) by Anonymous Coward · · Score: 0

      When Flash is disabled, the alternate content (embedded in the body of the OBJECT element) should be rendered instead. Do browsers get that wrong?

    2. Re:Flash is essential for one thing (*cough*) by Anonymous Coward · · Score: 0

      most places i have noticed dont bother with alternative content.

    3. Re:Flash is essential for one thing (*cough*) by Anonymous Coward · · Score: 0

      That's brain-damaged. Nobody would have any sympathy for their lack of ad revenue if they were serving broken IMG links.

  71. Re:Why do Slashdotters want everything for free? by Anonymous Coward · · Score: 0

    Let me see if I get the Slashdot mentality about patents straight.

    Nice troll - but you *didn't* get it straight.

    Company A spends a lot of time and money to develop technology X

    Look! A straw man based on an unfounded assumption!

    Go crawl back under your rock, fucktard.

  72. Re:More w(h)ining... by Anonymous Coward · · Score: 0


    I don't see anyone disputing that Borland has a valid claim to this invention. If they hired developers, paid them, invented this way of doing it, and patented it, they get to say who can use it until the patent expires.


    There's a fundamental disagreement here about what constitutes an "invention" - what deserves patent protection. Most developers and techies I know believe pretty strongly that patenting software is somewhat akin to allowing Agatha Christie to patent the mystery novel. Agatha's books, like software, are more appropriately protected by copyright. Patent protection in such a case, many of us believe, does not do what patents are designed to do - promote the useful arts and sciences.

    Agree or disagree, but that is the issue in a nutshell. I don't think it's fair to dismiss disagreement on this vitally important issue as mere "whining," especially when most of the industrialized world (so far) disagrees with the American stand on this issue.

  73. obvious by Anonymous Coward · · Score: 0

    I pushed an error routine address on the stack in an X.25 implementation for the PDP-11 in the mid-70's and I didn't think it was anything but OBIOUS then. Pop the address if no error and return. BFD. Geez, the USPTO sucks.

  74. Anyone Doing Patent Searchs?? by reallocate · · Score: 1

    You know, hasn't anyone heard of patent searches? Why is this a surprise? Why wasn't someone involved with Wine looking for patent encumbrances a long time ago?

    Some people would drive their car into a tree and then bitch about the mean nasties who planted the damn thing.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Anyone Doing Patent Searchs?? by Anonymous Coward · · Score: 0

      Because that would be orders of magnitude more work that implementing Wine in the first place, and even then you can't be safe because unpublished patent applications are always waiting to be rubber-stamped.

    2. Re:Anyone Doing Patent Searchs?? by reallocate · · Score: 1

      >> ...that would be orders of magnitude more work that implementing Wine...

      Nuts. Thousands of people do that for a living. Pay them and move on.

      >> ...unpublished patent applications are always waiting to be rubber-stamped...

      Nuts, too.

      In any case, you don't have the right to copy someone else's inventions and ideas if they don't want you to do that, regardless of patents.

      --
      -- Slashdot: When Public Access TV Says "No"
    3. Re:Anyone Doing Patent Searchs?? by bogado · · Score: 1

      In the patent world you're also don't have the right to have the same idea, independently.

      --
      []'s Victor Bogado da Silva Lins

      ^[:wq

    4. Re:Anyone Doing Patent Searchs?? by reallocate · · Score: 1

      Don't be churlish. You can have all the independent ideas you want, but if you want to implement an idea that someone else has patented, you do so only at the pleasure, or license, of the patentholder. I rather like that.

      But, in any case, you haven't responded to my question: Does anyone bother to do a patent search? Or, do they, like you apparently, just plan to stomp their feet when they get caught and whine about "Evil Patents!"?

      Even if someone doesn't approve of patents on ideological grounds, why should they expect the rest of us to care and why should that be an excuse for remaining deliberately ignorant of legal constraints on your efforts?

      --
      -- Slashdot: When Public Access TV Says "No"
    5. Re:Anyone Doing Patent Searchs?? by bogado · · Score: 1

      In my opinion patents are evil, if you have to do a patent search (something that is not cheap I can tell) on every single idea you have before even start to implement. So to answer your question, no I bet no one do search patents, not even great enterprises like SCO, MS or IBM that defend this crazy system.

      The way it happen is that when you launch your product the people qho have tons of patents (usually as generic as they can be) do a force match. That is they see if any of their patent can fit your product, if it does their lawyers send you a nice little note saying that you should aquire a license or be sued.

      At this point you, if you have the money, can challenge the patent (witch is probably void due to been too obvious or due to prior-art) or you can use one of your own patents to bargain with your them (if they are a pure patent house, that have no products this will not work) or try to avoid the said patent (probably very hard due to the broadness of the claim).

      Many small to medium enterprizes cannot survive this, simply because it is much expensive and time consuming. Even if they were able to solve the problems with the patent, it will be probably too late for their product. Opensource products usualy have worst problems, since they are not funded by anyone usualy a patent mine will most likely kill the product.

      With patents you are not free to have ideas. The patent system was created to give some incentives to companies to disclosure their ideas to world. Software patents do not disclosure anything, they are broad and obvious and do not come acompanied with source code witch would be analogous to a blue-print for real-world itens (witch I believe is required).

      --
      []'s Victor Bogado da Silva Lins

      ^[:wq

    6. Re:Anyone Doing Patent Searchs?? by reallocate · · Score: 1

      Well, I don't think patents are "evil", whatever that means. And I'm rather sure corporations with literally billions of dollars of other people's money at stake do, in fact, engage in patent searchs before they venture to release new products. Who, I ask, do you think is paying all those people wo make their livings as patent researchers?

      Now, I also really doubt that corporations are paying people to check every new patent issued in hopes of finding someone to sue. You may be that paranoid, but I don't think they are. If someone releases a new product that competes with them, then, yes, they'll do a patent search because they would be negligent of they did not. Why? Because people deliberately violate patents.

      The patent system was invented to protect the right of inventors to benefit from the exploitation of their inventions. Not, as you assert. to "give some incentives to companies to disclosure their ideas to world". Not do patents have anything to do with ideas. Ideas are confined to the space within our heads. An idea for a new product has absolutely no impact or meaning unless it is implemented. Patents deal with the implementation of ideas, not ideas.

      Too many people in the open source community, when confronted with the reality of institutions like patents and copyright, fail to deal with them in a coherent and mature manner. Instead, they simply claim to hold the higher moral ground and declare that anyone or anything that disagrees with them is "evil". Well, seen from here, that just sounds like so much pouting and whining by people who are mad because they can't get what they want. Bottom line: What's mine is mine, and you can't have it unless I want you to, even if you pervert the language and call it "sharing".

      Judging by the number of patents that continue to be granted, people and business and labs are having no trouble finding new ways to implement old things in ways that do not violate anyone's patents. (Thereby showing that the patent system is working as intended: encouraging invention.) Why isn't the open source world do that? Why isn't the open source world buckling down and finding a new and better way to build a moustrap, rather than whimopering about all the "evil" people who won't let them steal their own inventions?

      --
      -- Slashdot: When Public Access TV Says "No"
    7. Re:Anyone Doing Patent Searchs?? by Anonymous Coward · · Score: 0

      Just as we'd rather tiptoe across a minefield than do cartwheels, many engineers are instructed to scrupulously ignore the patent database. It's virtually certain that any nontrivial product infringes many patents (most of which should never have been granted, but are now too expensive to fight), but when you know which ones you could become liable for triple damages. Most of them can be reinvented with less effort than deciphering the obfuscated crap the USPTO rubber-stamped anyway....

  75. All Wrong by Doc+Ruby · · Score: 1

    What are you talking about? Linux hasn't worked out so well for Torvalds? And the Flash player, with >95% desktop penetration is going to go away before the lifetime of an ad for a minor pool celebrity? And >95% isn't popular enough for a promotional site, when IE-only (much smaller percentage) sites are very successful?

    Maybe your irony is too subtle for me. Or maybe everything you posted is completely, unjustifiably wrong.

    --

    --
    make install -not war

    1. Re:All Wrong by orasio · · Score: 1

      Linus used BitKeeper, a proprietary app, to maintain linux development.
      At the time, when free software zealots were crying, he said that it was the best tool for the job.
      For commercial/political reasons, it backslashed, badly. Crash and burn. I thought everyone here knew that, it was on /. frontpage, of course.

      About 95% not being wide enough, well, it's just my opinion, anyway, it's just marketing, I'm not an expert in that field.

    2. Re:All Wrong by Doc+Ruby · · Score: 1

      BitKeeper was the best tool for the job, until someone produced a better one. Then Linus switched, because there was a better tool for the job. Where's the failure? Are you really trying to argue with the truism "use the best tool for the job"?

      --

      --
      make install -not war

    3. Re:All Wrong by Anonymous Coward · · Score: 0

      Then Linus switched, because there was a better tool for the job.

      Jesus, you must have ignored slashdot for a while back then. FYI, he left because the Bitkeeper guys kicked him out in a nasty way.

    4. Re:All Wrong by Doc+Ruby · · Score: 1

      It's a little more complicated than that. The BitKeeper guys forced him out because his associate was reverse engineering BitKeeper, to produce a better tool. The BK guys didn't like it, forced Torvalds off their system in retribution, reverting Torvalds to email for a while. Until Git, the better tool, was released. Better than email, and better than BitKeeper. Maybe prematurely, but this move is all based on using the best tool for the job. A tool from which you are banned is not the best tool - even email is better than that, better than the unfinished successor. As soon as Git was better than email, it was the best tool.

      Really, I can't believe I'm actually spending all these keystrokes defending the truism "use the best tool for the job". I really wish I were ignoring Slashdot for a while, right about now.

      --

      --
      make install -not war

    5. Re:All Wrong by orasio · · Score: 1

      Ok.
      Again, the Linus thing.
      The problem with "the best tool for the job" is that you, and Linus, misinterpret it as "the best tool for the job, in a technical way".
      Of course, it's always useful to use "the best tool for the job", from a technical, financial, political and ethical point of view.
      What I was pointing out about Linus is that he obviated the ethical, financial and political aspects of his choice. That resulted in extra work, compared to using a technically inferior, but better overall version control system, as he was using before BitKeeper. Even using CVS is better than having your choice of version control systems rely on the wishes of one guy, even if he seems to be a friend.
      ----------------
      Anyway, that misses my original point.
      What I was talking about is that, even if Flash does have some technical advantages above animated GIF, there are other characteristics that fail to make it the best tool for a web advertisement.
      For example, today, with my Firefox browser, I couldn't watch the xbox360 site, because it failed to detect my up-to-date flash plugin.
      That's a hidden problem with flash, you need to detect whether the guy does or doesn't have any flash, and then you need to fail gracefuly. Then you need to put a replacement, at least some text, and then you have to make sure that your "flash detection" doesn't fail, which does usually happen. Then you have to make sure that you publish for the least common player. Then you have to take into account performance implications for slow machines, load times and stuff.
      I have worked with flash, and got paid, but I believe it takes a lot of work to make good, effective use of it, and should be avoided except where it does provide needed functionality.
      But, of course, that is just my opinion, I'm not trying to change what you think.

  76. Sounds like Lib$Establish() - prior art? by Anonymous Coward · · Score: 1, Informative

    A reading of the patent looks like they are reserving space on the stack for each function that can serve as exception "registration" information.
    This feature was available in VAX/VMS in the late 70's, a function could establish an exception handling routine on the current stack frame by issuing a Lib$Establish() call (or just storage the exception rouitne address directly on the stack in assembler).

  77. Nice try (not) by Halvy · · Score: 1
    you forgot to mention that the 'Barbarians' WON!

    and they won because they played as rough or ruffer than the romans, and because the romans were 'past' the 'tipping' point of destruction

    i believe companies and organization like macromedia, m$ and the riaa are past the 'tipping' point also, and that is why THEY are the ones acting like the barbarians (sorry Barbarians for making you look so bad!!) ;)

    --
    I will gladly loose all of life's battles.. in order to win the war..
    1. Re:Nice try (not) by Doc+Ruby · · Score: 1

      Some barbarians won something - a war with the Roman empire, which set back European civilization by a thousand years. If that's what you want, you are an especially bad choice to persuade Borland to help the OSS community. Because they are not the Roman empire, this is not a war with Borland, and Borland is more likely to work with Wine developers against their common competition, Microsoft, if people can work together.

      If you want the kind of barbarian destruction you're idolizing, you'll get everyone using programmable scientific calculators. The momentum of history is against that result, and against that kind of aggressive waste. Even the barbarians became Romanized, wearing clothes, living in cities, building roads, speaking Latin derivatives, eventually electing representatives. People working together is much more powerful than working against each other. Not only in clashing European civilizations, but especially in building global communications systems. So learn to work with people, or at least stay out of our way while we produce the things that your way would destroy.

      --

      --
      make install -not war

  78. Re:More w(h)ining... by Anonymous Coward · · Score: 0
    What I want to know is, why does wine think that they have a right to proprietary patented features of windows? They are trying to develop an alternative that competes at some level with windows for compiling windows software. MS licensed that patent in order to use SEH, so why shouldn't wine have to license it?
    Yes, that is the state of the law. But the whole point of this discussion is that everyone, except Borland and Microsoft, is better off with the ability to easily port Windows software to Linux. Remember, the entire point of patents is that they eventually expire and contribute to the public domain to spur innovation - here we have a direct example of a patent harming innovation, either because it has lasted too long or didn't really encourage Borland's claimed innovation in the first place.
  79. Good point, Borland is Wine friendly, so... by Weaselmancer · · Score: 4, Insightful

    ...here's an idea that maybe nobody has tried yet.

    Ask them.

    Rather than do the collective F/OSS thing and lose our minds about a software patent that's in the way...how about asking Borland if we may write something their patent covers?

    Has it at least been tried yet?

    Yes, software patents are evil. And yes, exception handling has tons of prior art. And still yes, this is freaking obvious. But still. It's only a problem if they complain, and they're less likely to do so if we just simply do the good manners thing and ask first.

    --
    Weaselmancer
    rediculous.
    1. Re:Good point, Borland is Wine friendly, so... by arkanes · · Score: 1

      Patents cover end users, as well (no fair use in the patent world). So, if, for example, GCC shipped an infringing version, users of GCC would be liable as well as the GCC project itself (this is where the indemnification the SCO guys were always blathering about comes in). Borland would have to essentially give up it's patent rights in order to allow a free project like GCC to support SEH.

    2. Re:Good point, Borland is Wine friendly, so... by boto · · Score: 1

      how about asking Borland if we may write something their patent covers?

      Someone on Borland suggested it, too:

      http://blogs.borland.com/dcc/archive/2005/05/12/42 94.aspx

      From the URL above:

      If you're seeking reassurance that some artifact won't be used to sabotage a project, just ring the doorbell and ask. There are much better ways to open a discussion than throwing a brick through the window.

  80. Why not just transcode (convert from C to C++) by Urusai · · Score: 0

    Since C++ is a superset, you don't even have to change the code, just change the extension to .cpp

  81. GCC/Winlib shortcoming? No. SEH shortcoming. by Anonymous Coward · · Score: 0

    The onus is definitely on Borland.

  82. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  83. VMS AST by Mikkeles · · Score: 1

    I recall that VMS had asynchronous traps (ASTs) that would unwind the stack until caught and were usable from higher level code for catching exceptions (not called that then). Not being an internals guru, would someone knowledgeable be willing to explain how this differs (if it does) from the Borland patent?

    --
    Great minds think alike; fools seldom differ.
  84. Patents are restricted to each country by Anonymous Coward · · Score: 0

    so why doesn't Wine just relocate their servers!??!

    They better do this quick before a court order is made to prevent them from doing so. Dunno what you call them in the US, but in Australia they are Mareva orders.

  85. nanotech the answer? by x2A · · Score: 1

    1. In a development system for compiling source listings into program code for operating a digital computer, said digital computer having a microprocessor and a system memory, said source listings

    So once we get nano-processors, patents such as this won't apply? :-p

    --
    The revolution will not be televised... but it will have a page on Wikipedia
  86. Thank you, United States of America... by vhogemann · · Score: 1, Troll


    Now, a feature that would benefect me is disabled by default... and that's just because of you, since most coutries doesn't allow software patents.

    Well... looking at the bright side this may give a reason for some devellopers out there to switch to a more platform independent codebase. Like QT for example.

    --
    ---- You know how some doctors have the Messiah complex - they need to save the world? You've got the "Rubik's" complex
  87. Immoral? by SwashbucklingCowboy · · Score: 0, Flamebait

    That guy needs to get a grip...

  88. Re:what does the pattent cover?-OSS Gloves. by Anonymous Coward · · Score: 0

    There aren't that many sensible ways to register exception handlers on the call stack; choosing one isn't some kind of amazing insight. Give a guy some x86 experience and a few constraints, and he should be able to recreate SEH immediately.

  89. Re:wine by EqualSlash · · Score: 1

    Wine Is Not an Emulator

  90. Re:wine by Anonymous Coward · · Score: 0

    michael jackson prefers jesus juice.

  91. ok 'Pops'.. by Halvy · · Score: 1
    whatever you say man. i never said i had a gripe with borland. but if they wanted to 'do something' to help oss, then they could have aleady. any nugding by 'the community' is normal.

    as far as teh barbarians are concerned, they are the accendents of the germany we all know and love from wwII..sooooo, i suspect that i know which side my 'bread is buttered on', next time teh &^%#%* hits the fan. :)

    --
    I will gladly loose all of life's battles.. in order to win the war..
  92. Possible Patent holes by whitis · · Score: 1

    I didn't have time to thorougly study the patent but besides looking like it is an invalid patent, it also looks like there may be some gaping holes allowing other implementations that are better than the pattented version.

    It looks like they are describing a version where variables modified during a try block do not retain their new values unless the entire block succeeds. Either that or they are very ineptly including the normal stack arrangement in their patent claim as if it were part of the "invention" rather than the environment where the invention is used.

    The patent refers to moving data on and off the stack using push and pop CPU instructions (not merely push and pop mechanisms). There are other ways to move data on and off the stack. The stack pointer can be moved by arithmetic and the data can be moved by byte/word/block copy operations. Given the amount of data they are putting there, push and pop are probably an inefficient way to do that.

    A significant portion of the patent seems to deal with storing the state of all local variables on the stack and then restoring them if the __try block fails. This is actually a pretty silly way to implement this feature unless you DO NOT have the ability to modify the compiler code and are trying to code around compiler limitations. But an alternative and more sensible implementation is copy in, copy out. Instead of saving a copy to be restored later, each __try block has its own private copies of variables and the compiler copies in only those variables used (and only those written to) in the block when the block is invoked and then only copies them back out to the parent block if the block succeeds. Very similar to an ADA "in out" function parameter. Copy in/copy out vs. save restore appears to be enough to stay clear of the relevant sections of the patent and even copying only those variables which can actually be modified by the sub block appears to be enough to break this section (a patent on saving "all" variables does not affect code saving only those variables that are modified.

    Using the existing processor call/return stack to store the data breaks the patent because the patent stipulates that the variables must be stored in a stack allocated specifically for the purpose of saving and restoring variables. The processor return stack was previously allocated for a different purpose, namely storing return addresses and is already being used as storage space for the local variables themselves. The patent says to allocate space for a stack not to allocate space within an already allocated stack. Again, this is a method you would use if you were trying to retrofit this capability into an unmodified compiler (and even then, you could even declare a variable save_regs) in your own code or with a pre-processing compiler front end.

    A typo where "paid" was used instead of "said" could invalidate another section. And, of course, this section has prior art going back decades.

    patent claims are rather specific about where in a stack frame certain exception information is to be stored - there is no need to duplciate that order.

    Just because the OS has a function call you can invoke in each function to register the location of the exception record doesn't mean you need to call it. You can simply create one function that is registered with the OS that in turn knows to look in a global variable for a pointer to the latest record and does the unwinding itself. The variable can be restored on exit. Or you put the information at a fixed offset from the frame pointer. No need for system call overhead with each function or try block.

    there is probably a lot of prior art in early ADA compilers (circa 1982) which had compiler supported exception handling long before C++.

  93. GCC won't by bluGill · · Score: 1

    The gcc devs are unlikely to accept such a thing. Unless Borland gives everyone a licenses anyway. Software patents are bad enough that they won't touch them even if they could get a GPL compatible license, just to protest them. Long term this is a good idea.

    1. Re:GCC won't by Anonymous Coward · · Score: 0

      how is this a good idea?

      rather, wouldn't the way to PROTEST software patents be to DISREGARD them and implement patented algorithms anyway?!

      NOT implementing something because of patent law is precisely what they WANT you to do.

  94. OnTime RTOS uses this by Anonymous Coward · · Score: 0
    RTFiles, the filesystem component of On Time RTOS, seems to use this method.

    I don't know if this counts as prior art, though, becuase I don't know when RTFiles was introduced. The earliest mention of it on Usenet was in 1998.

  95. LISTEN CAREFULLY: by Anonymous Coward · · Score: 1, Informative

    Remember, patents don't mean you can't code it.

    Wrong.

    You can code it. You can use it for personal non-commercial use.

    Wrong. Personal non-commercial use has nothing to do with it. Patent use outside of proper licensed use is limited to experimental use, not non-commercial use. Your personal use for non-experimental purposes would not qualify.

    You can distribute the code.

    Wrong, known as contributory infringement. You would be even more liable.

    But you can't use it commercially, distribute binaries, or sell it.

    Wrong. You cannot: make, use, sell, offer for sale or import the invention.

    Seriously, 99.9% of coders are totally patent-ignorant, but feign like they understand the patent laws.

  96. Re:who cares? by Anonymous Coward · · Score: 0

    screw the lameness filter.

    BECAUSE they PATENTED MICROSOFT BOOB!!!

    Only slashdot has a lame lameness filter.Only slashdot has a lame lameness filter.Only slashdot has a lame lameness filter.Only slashdot has a lame lameness filter.Only slashdot has a lame lameness filter.Only slashdot has a lame lameness filter.

  97. Invention is composition by tjstork · · Score: 1

    Invention is an art of composition. Inventors take existing technologies and compose them into new products. Technology moves faster when we can freely compose new inventions into new technologies, and so on. Patenting stifles this by making it more difficult to use new elements in a competition. Thus, patents are anametha to the advancement of arts and sciences and thus run counter to very constitutional clause which permits them.

    --
    This is my sig.
  98. Re:Enough already. by plaxion · · Score: 2, Funny

    Great idea, but er... what would be our new country's native language? C? Perl?

    *ducks*

  99. Re:Solution: Just migrate by Anonymous Coward · · Score: 0

    Seriously, why are there countries where they create all this overhead? I think that some countries are pricing themselve out of the market by using this kind of marketing.

  100. possible solutions by cahiha · · Score: 1

    I believe Windows implements this in the "kernel" or as part of the operating system libraries. The Borland patent pretty specifically refers to a "software development system".

    So, if this were incorporated into a separate library, independent of a development system, or if it were implemented via a kernel call, it might not infringe.

    The basic ideas, in any case, are not patentable because they have been in use much longer than Borland. There are also plenty of ways of implementing something functionally equivalent that work completely differently; only Windows programs that rely on the exact layout of the stack would fail then.

  101. What a $#&up response by Anonymous Coward · · Score: 0

    And when it doesn't? And when you want to change things?

    I don't think you have done any serious web development.

    1. Re:What a $#&up response by Narchie+Troll · · Score: 1

      I keep in mind the various quirks of the major browsers in use today. I avoid using browser-specific features or CSS properties that are poorly supported.

      Then, I make sure the site degrades gracefully by browsing it with an assortment of browsers: konqueror, links, lynx, etc. I also browse it with Mozilla with images and Javascript off.

      With a conscientious approach to web design that actually focuses on information rather than 500KB animations of me taking a bonghit with my kitty, I rarely run into an issue with Explorer.

  102. Re:More w(h)ining... by torokun · · Score: 1

    You're looking at this completely backwards. Wine is not trying to innovate, they're trying to use someone else's innovation. They're not even trying to claim that they're innovating. They merely want to use someone else's method of handling exceptions.

    Wine is trying to appropriate technology for a particular community's benefit: the Linux community. The Linux community is not everyone. Even if it were, Wine is not _adding_ anything to the store of knowledge in the public domain. The purpose of patents is to get people to bring forth innovations. The purpose is not to incentivize moving workable applications from one platform to another to serve the interests of a particular community.

    Anyway, the point is that Borland had a patentable idea, and Wine simply wants to use it, even though they could do it in other ways.

  103. Don't knock? by tod_miller · · Score: 1

    Knock knock
    Who's there?
    Data Portability/Migratability/Accessibility
    Oh... fudge.

    Thanks. I hate registries, directories and shizzle. In this connected world, give me a 1gb usb stick for my ~

    ~ sweet ~, where the data is.

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  104. IBM MVS PRIOR ART by Anonymous Coward · · Score: 0

    Check out the Cobol Compile options on OS/360.
    Then you had first and second level interrupt handing, traps (SYSUDUMP etc). But I believe the even older MVT source code from MIT had it. A search of the Hercules will soon settle things.

    Maybe IBM can settle up, becuse current systems of their have unlimited interrupt handling, plus some beauties like cpu fault and core memory fault, which Borroughs and NCR also had in their Algol and PL/I implementations.

  105. Prior art or violation in pthreads and Emacs? by Jamie+Lokier · · Score: 1

    See pthread_cleanup_push and pthread_cleanup_pop, in conjunction with asynchronous cancellations. They (usually) work by maintaining an explicit chain of trapping structures on the stack, just like SEH. That's not filtering on exception types, though, so maybe it doesn't come under the patent's claims.

    See the C source for GNU Emacs (and Xemacs), which has done something like this for >20 years. It uses an explicit chain of structures on the stack, some handlers filter on the type of exception being thrown.

    -- Jamie

  106. Borland replies... by Anonymous Coward · · Score: 0

    Danny Thorpe, Borland's chief scientist replies to the patent issue here...
    http://blogs.borland.com/dcc/archive/2005/05/12/42 94.aspx

  107. PLEASE, STOP THIS NONSENSE !!! by fizteh89 · · Score: 1

    It is troubling to see so many mindless f**** here What do you, Slashdot people, know about the amount of original research needed to develop, for example, an advanced speech recognition system ? It's all software, a bunch of mathematical algorithms if you want. And it took decades of research at places like Bell Labs and IBM to achieve the present state-of-the-art. The "productive" people in your definition are people who do not produce and publish original algorithms, but just code existing published algorithms into products without feeling any need to compensate the original inventors. That's why software patents are needed. Of course, I am talking about real software inventions, the likes of RSA, LZW, Karmarkar etc.

    1. Re:PLEASE, STOP THIS NONSENSE !!! by Directrix1 · · Score: 1

      It is troubling to see so many mindless f**** here
      If you are going to imply it, just say it. It troubles me to see so many fucking pussies on here.

      It's all software, a bunch of mathematical algorithms if you want. And it took decades of research at places like Bell Labs and IBM to achieve the present state-of-the-art.
      Well, thats business bud. Do you think people would just stop creating things if patents didn't exist? Don't be stupid. And I'm glad you're so willing to let mathematical concepts be patented (which is all that software patents are). Lets see, mathematics used to be unpatentable and there has always been great strides in the advancement of math. Shouldn't they have had no incentive to do this?

      The "productive" people in your definition are people who do not produce and publish original algorithms, but just code existing published algorithms into products without feeling any need to compensate the original inventors. That's why software patents are needed.
      Yes, because there is no incentive to be innovative if you don't have a patent. You know, because just staying ahead of the competition wouldn't be enough motivation. People come up with novel concepts all the time, without even thinking twice about acquiring a governmentally enforced monopoly on it, because concepts are trivial to some while not to others.

      Of course, I am talking about real software inventions, the likes of RSA, LZW, Karmarkar etc.
      Above, you talk about the decades of research to get certain tasks accomplished. Well, if there weren't patents on it, then a larger collective of organization would naturally contribute to the solution in their quest to outdo each other, incrementally finding the solution that works best. I understand the internet would be far different without RSA, LZW, or Karmarkar. But do you think these ideas would have not existed without patents? I think discovery of these concepts would've happened no matter what. It would've just been more incremental and more evenly distributed.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
  108. Re:VMS AST (good call) by hughk · · Score: 1

    I don't know the Borland patent, but I am intimately familiar with the VMS call frames, signal handling as well as exception handling. It is *very* similar to SEH. If someone wants prior, I believe I have a VAX architecture guide from way long ago!

    --
    See my journal, I write things there
  109. Re:VMS AST (good call) by hughk · · Score: 1

    I don't know the patent but I do know SEH from VMS extremely well (call frames, signal and exception handling). It is very similar to that implemented for NT and I have a VAX architecture guide for prior art.

    --
    See my journal, I write things there
  110. Danny Thorpe's response. by xagon7 · · Score: 1

    Borland chief scientist, Danny Thorpe, made an interesting blog entry on the Delphi Compiler Core site. "If you're seeking reassurance that some artifact won't be used to sabotage a project, just ring the doorbell and ask. There are much better ways to open a discussion than throwing a brick through the window." The full entry is available here.

  111. Another valid use for Goto's by davidwr · · Score: 1

    Truly throwaway code, for example, special purpose code that will be run for once or at most for a few days, then discarded.

    Caution:
    99% of "throwaway" code isn't.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  112. Danny Thorpe is behaving like a thief and a liar by expro · · Score: 1

    If you're seeking reassurance that some artifact won't be used to sabotage a project, just ring the doorbell and ask. There are much better ways to open a discussion than throwing a brick through the window.

    But would it be as much fun?

    Seriously, a comment like that deserves a brick through the window. As though they owned this sort of thing.

    This incident, alone, will make sure that Borland gets no more of my business, whereas they have repeatedly had my business in the past.

    Responding by asking for a nice request, even if it were an appropriate thing to do, can be just like SCO telling all the Linux users that they will sit down and work it out -- it looks great for the court record to have everyone suddenly acknowledging your fraudulent patent. As with others here, I used this sort of exception handling extensively on VAXes in many languages since the early '80s.

    As with others, I have been ignoring Borland lately after they screwed up so often with stuff I paid good money for, so now, like SCO, they seem to want to register on the dark side of the register.

  113. You mean they stole a patentable idea... by expro · · Score: 1

    Anyway, the point is that Borland had a patentable idea, and Wine simply wants to use it, even though they could do it in other ways.

    How does their attempt to steal the obvious designs of others qualify as innovation. Only Microsoft is allowed to claim that.

    They are liars and frauds.

  114. Patent Paranoid? by Anonymous Coward · · Score: 0

    Borland patent protect particular implementation of SEH, you can found this code in xx.cpp of C++ Builder 6 RTL source. Do not use this model and this file in your applications - thus you avoid patent restrictions, it's easy.

  115. Key thinking: Censorship not revenue related by jago25_98 · · Score: 1

    Note that this argument only applies well to the not-for-profit aspects of programs like Wine & Winelib.

    My reaction to this and other situations is:

    We must be able to get around all these problems if we had a system like freenet supporting free speech transparently.

    There's the CVS part of i2p (i2p.net). But it's unfortunate that these measures still cripple.

    I want to say that there's a way, to perk views up from troll thoughts, that at the very least we can quietly swap books of contraband source code as they did with PGP.

    When something is patented it normally stops other companies from making a product. With software patents you're not only stopping software companies but non profit organisations and individuals from making the product themselves ; compiling the sourcecode and simply chatting.

    A possible defense can be boiling the code down to the critical banned text. You then have a set of words rather than a product. Then, at the very least it's clear that communications are being banned as well as a product resulting from it.

    You can now begin to argue for your right to free speech.

    Patents damaging the economy is one problem. Patents being hijacked for censorship is a bigger problem.