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Morfik Patents AJAX Compiler

MikeyTheK writes "It appears that under the radar, the USPTO granted Morfik a patent for the "System and method for synthesizing object-oriented high-level code into browser-side javascript". Reading further, it appears that they have patented the compiling of high-level languages into AJAX apps. The high-level languages include "Ada, C, C++, C#, COBOL, ColdFusion, Common Lisp, Delphi, Fortran, Java, Object Pascal, SmallTalk, Visual Basic, and Visual Basic.NET". It would appear that the application date is September, 2005."

181 comments

  1. My First Thought by AKAImBatman · · Score: 4, Insightful

    My first thought was, "Is Google Web Toolkit prior art or infringement?" After a bit of looking around, it seems this patent was filed on September 5, 2006 while GWT 1.0 was released in May 2006. Sorry Morfik, but your patent is invalid. (Thank God, too. This patent appears to be overreaching and far too broad. It could prevent an entire industry from developing.)

    All I can say is: where was your due diligence, Morfik? It doesn't make a whole lot of sense to spend time and money on filing a patent that will be useless to you after it's granted. The best they could do is scare a few Open Source projects into submission. Anyone with a vested interest in the technology is going to do the due diligence that Morfik didn't, and take the matter to court.

    The only "out" they have available is to show evidence that they disclosed the inner workings of their JST product prior to GWT being released. In which case they might have protection from the "one year to file" rule. Maybe. Or maybe they're just trying to carry out this threat in a laughably oversimplified fashion. (They're lawyers must be telling them it won't work?) Go figure.

    For those who are unaware of what GWT is, it's basically a toolkit that takes Java programs and converts them down to Javascript. By coding Java to the GWT toolkit*, you gain all the benefits of the Java compiler and type checking without sacrificing the ability to deploy on browsers that do not have Java installed. I'd rather code in Javascript myself, but it has its place. :)

    1. Re:My First Thought by MikeyTheK · · Score: 5, Informative

      Unfortunately I didn't put "Pay attention to [0001]" in the article submission, which reads "This application relates to U.S. Provisional Patent Application No. 60/714,285 filed on Sep. 6, 2005 entitled SYSTEM AND METHOD FOR SYNTHESIZING OBJECT-ORIENTED CODE INTO BROWSER-SIDE JAVASCRIPT."

      That's 2005, not 2006.

      --
      Friends help you move. Real friends help you move bodies.
      Never forget: 2 + 2 = 5 for extremely large values of 2.
    2. Re:My First Thought by AKAImBatman · · Score: 1

      And the plot thickens. I'm trying to pull that patent right now. But my question is, if that patent covers the same technology, why does Morfik need this patent?

    3. Re:My First Thought by petard · · Score: 4, Informative

      GWT would still be prior art. Google used it to build gmail, which launched in early 2004.

      --
      .sig: file not found
    4. Re:My First Thought by morgan_greywolf · · Score: 1

      Right. But does it go from the date of first filing or from the date of application?

    5. Re:My First Thought by Lord+Ender · · Score: 1

      All I can say is: where was your due diligence, Morfik?
      What is the legal penalty for failing to exercise due diligence?
      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    6. Re:My First Thought by AKAImBatman · · Score: 2, Interesting

      Did I ever mention that I HATE the patent search system?

      In any case, I managed to pull the patent. (Search in published applications for application #20070055964) It looks like this is the exact same patent, just in different forms. (One an application while the other is the issued? Could someone who knows more about the filing process chime in here?) In which case, Morfik may have a valid patent. It will be interesting to see how this plays out.

    7. Re:My First Thought by mdielmann · · Score: 1

      It could prevent an entire industry from developing. And how do you know a system to promote innovation is broken? When people start worrying about the above when it's used. I really do wish the patent system could be useful for something other than as a vehicle to initiate lawsuits.
      --
      Sure I'm paranoid, but am I paranoid enough?
    8. Re:My First Thought by AKAImBatman · · Score: 1

      Dur... Nevermind. I'm just confusing myself. I found the same patent that the article linked to. I can't find the previous filing in the system anywhere (did I mention I hate the USPTO's search engine?), but it does appear that this filing is just an update to the previous one.

    9. Re:My First Thought by Changer2002 · · Score: 1

      A provisional application is a temporary application that lets you preserve the filing date, so the 2005 date is the correct priority date for the patent. The non-provisional application won't contain any new matter from the provisional. The patent application you found is most likely just the published non-provisional application that resulted in the patent.

      Basically, the 2005 date is the correct one when determining prior art.

    10. Re:My First Thought by Anonymous Coward · · Score: 1, Interesting

      My first thought was that this is an APPLICATION! NOT an issued patent. It says so on the first line of text. /.ers need to use their eyes and brain before their fingers.

      A good place to start using their eyes would be http://www.patentbarbri.com/ to buy the patent bar review course.
      You do not have to be an attorney to become a patent agent, you only need an Bachelor of Science from an accredited university. Read the application for here for more details: http://www.uspto.gov/web/offices/dcom/olia/oed/exa mregist.htm

      I did it (with only a BS in Comp Eng) so can you, and then we can all have intellegent conversations instead of FUD. And we can file Section 1900 Protests (learn more in the review course)

      Mods in the future please refuse submissions of patent related stories unless the submitter includes his Patent Agent registration number in the submission (but don't post that on /.)

    11. Re:My First Thought by SaDan · · Score: 1

      A company I used to work for had AJAX capabilities in most of their products as far back as 2000. This patent is completely worthless.

    12. Re:My First Thought by morgan_greywolf · · Score: 1

      Right. But did Google did use it for something before it went open source, so the question is: 1) what was that, and 2) when did they do it? Because as it sits right now, Google has a giant target painted its back saying "SUE ME!"

    13. Re:My First Thought by LWATCDR · · Score: 1

      Sorry but I can beat that prior art. How about RATFOR , pas2c, and the first version of C++?
      All where preprocessors that translated one high-level language into another.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    14. Re:My First Thought by EsabaCZ · · Score: 1

      Actually there is no pentaly for not performing "due diligence." If they file a for a patent and recieve it for something that is already "patented" then they are guility of patent infringment (Not a hudge problem-happens allot). However, if they perform "due diligence," find an existing patent and patent it anyway, then they can be charged with "Willful patent infringment" (Much worse). Because of this most corporations tell their associates to never research prior patents and just to patent new findings.

    15. Re:My First Thought by aldousd666 · · Score: 1

      Wasn't AjaxPro.net released before the original patent was filed? Even if it wasn't RELEASED before that it was likely in some tangible form somewhere before that date... I think that it wasn't likely the first one either, but just as an example, there is probably a ton of prior art.

      --
      Speak for yourself.
    16. Re:My First Thought by Daniel+Dvorkin · · Score: 3, Insightful

      Surely there's a point where failure to perform due diligence is itself an offense? I mean, come on; anyone in IT could tell them (and could have told them in 2005) that there's a ton of prior art. If I patent "a method of preserving food by keeping it cold" and try to excuse my stupidity by saying that I guess I just didn't do enough research to learn about the prior existence of something called a "refrigerator," would anyone buy it?

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    17. Re:My First Thought by aldousd666 · · Score: 1

      I'd also like to point out that I'm commenting on this as if it were an Application not a granted patent. I don't think that they can buy the farm on this compiliation procedure in general, but they might have a particular way of doing it that they will get the grant for.. I'm not a patent attorney so I don't know what sort of legal angle they're actually going for here.. If they're trying to say they invented the ajax from high level language compiler, then they'll likely lose that one, or it will be overturned if it does become granted. If they are going for one particular way of doing it, then they might get what they want, and may actually deserve it. Lighten up folks.

      --
      Speak for yourself.
    18. Re:My First Thought by darojasp · · Score: 1

      Thank lord, my first wonder with this was about GWT too.

    19. Re:My First Thought by MillionthMonkey · · Score: 1
      My first thought was that this is an APPLICATION! NOT an issued patent. It says so on the first line of text. /.ers need to use their eyes and brain before their fingers.

      Analogous to: "Your mother hasn't been convicted, only charged with witchcraft. So chill out!"

      ...In 1991, under pressure to reign in massive budget deficits, lawmakers passed (and President George H.W. Bush signed) a law that revolutionized the way the patent office does business. Borrowing ideas then in vogue among private sector consultants and CEOs to "reengineer" organizations to make them more "customer-driven," Congress instructed the patent office, which had always been funded from government revenues, to now pay its own way through fees charged to applicants, and to make the process of winning a patent easier on them.
      One might argue that the general public is the "customer", but the patent office sees itself as beholden to applicants, not the American public at large. The office receives no money from the federal government anymore and has to meet all its expenses now through patent fees. A patent application nets them $380 from their "customer". If approved, they end up with $3000. Since then there has been an explosion of patents. Managers there are telling examiners to approve anything they don't understand.
    20. Re:My First Thought by ChadAmberg · · Score: 1

      I myself wrote an "AJAX" enabled website in 2001. Using Lotus Notes! Well, the Domino stuff at least. A popup page would appear on a web page form, to look users. The Javascript would make calls to the Domino backend pulling XML version of the address book. You'd have your typical go back and go forward buttons, all working without reloading the page.

      However, is that what this patent is for? I manually built the javascript for this. The patent seems to be for down-compiling high level code like C# into javascript. So it doesn't seem anything AJAX is bad, only an AJAX "compiler."

    21. Re:My First Thought by nanosquid · · Score: 1

      Releasing a product is insufficient. In order to count as prior art, it must be described in the published literature.

      The purpose of the patent system is not to reward invention, nor productization, it is to reward publication and disclosure.

    22. Re:My First Thought by aldousd666 · · Score: 1

      You mean like this? From February of 2005? This is describing the 'predecessor' called CSharpWrapper that eventually became Ajax.Net Pro http://weblogs.asp.net/mschwarz/archive/2005/02/15 /373072.aspx

      --
      Speak for yourself.
    23. Re:My First Thought by SatanicPuppy · · Score: 1

      Technically there isn't one.

      On the other hand, if you can be proven to have not displayed due diligence, you run the risk of a substantial shareholder lawsuit, because your lack of due diligence can be seen as a type of actionable mismanagement.

      I would argue that, by modern standards, failing to at least attempt to patent something like this could be argued to be in itself a failure of due diligence by a sufficiently informed shareholder possessed of the moral rectitude of a wood tick.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    24. Re:My First Thought by ajs · · Score: 1

      Perl 6's pugs engine has been capable of producing JavaScript as a back-end for some time, certainly since before this patent's date.

    25. Re:My First Thought by Anonymous Coward · · Score: 0

      One might argue many things, but one's arguement would be for naught.

      That washington monthly article is flat out wrong.

      The patent office is beholden to no one. It generates profits, so much so that Congress funnels money away to fund their pork. http://select.nytimes.com/gst/abstract.html?res=FB 0A14F93F550C7A8DDDAF0894D8404482
      The USPTO has generated profits for more than 100 years
      http://pqasb.pqarchiver.com/csmonitor_historic/acc ess/212513212.html?dids=212513212:212513212&FMT=AB S&FMTS=ABS:AI&date=Sep+06%2C+1913&author=&pub=Chri stian+Science+Monitor&desc=PATENT+OFFICE+SHOWS+PRO FIT&pqatl=google
      Just because the washingtonmonthly shares your political views doesn't mean it is based on fact.

      The USPTO charges more than what it costs to examine patents, and they do not have to grant a patent. They could take the $380, and say sod off. They do this quite often really, and then if you want to appeal you have to pay them more, and they usually still tell you to go away. The additional patent maintence fees is intended to get cost inefficent patents into the public domain, if you do no pay a patent maintence fee within 6 months of the due date (3 of them) then your patent ends before its full term of 20 years. If your patent is making you money, you remember to pay the fee, if you forget your patent expires, forever.

      The "explosion" of patents in the 90s was due to the Federal Circuit decision which held 'everything man made' was patentable. Before that decision only a discrete list of things could be patented, which the USPTO fiercely guarded, if the invention was not of a type on the list it was rejected as prima facie unpatentable. But the USPTO must follow the courts decision until the court changes its mind or Congress clarifies their vauge statute. (35 U.S.C. s. 101)

      If you have a Bach of Sci, I encourage you to take the patent bar and change the system from within. Educate yourself so we can dispell FUD.

    26. Re:My First Thought by Anonymous Coward · · Score: 0

      and were they compiling Ada or some other HLL into Javascript? Or didn't you read the article?

    27. Re:My First Thought by Anonymous Coward · · Score: 0

      Patents are not usually as general as people think they are. You could most certainly patent "a method of preserving food by keeping it cold" provided that the method itself was a new implementation than what is currently available today. Jus because one way of keeping things cold has been done, doesn't mean that you can't find another new implementation.

    28. Re:My First Thought by ady1 · · Score: 1

      From the patent: 2. The method of claim 1 wherein unneeded information consisting of white space or comments is removed before generating the semantic map. Just leave the comments and/or white space in the javascript and the patent doesn't apply. Seriously, that is how patents work. If your implementation doesn't infringe all of the points mentioned (in the patent) then the patent doesn't apply to your implementation.
    29. Re:My First Thought by The_Wilschon · · Score: 2, Funny

      If I patent "a method of preserving food by keeping it cold" . . . would anyone buy it?
      The USPTO would.
      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    30. Re:My First Thought by Anonymous Coward · · Score: 0

      Filers know that if they persist, the extra rejections will cost the examiner time at work without counting towards their production quota, so eventually they'll give in. The USPTO isn't spending what it costs to examine patents, i.e., hiring enough examiners to lower quotas and allow enough time to actually do the work competently.

    31. Re:My First Thought by Daniel+Dvorkin · · Score: 1

      Regrettably, I suspect you're right.

      Frigidaire, watch out -- my lawyers are on the way!

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    32. Re:My First Thought by msh317 · · Score: 1

      Great yet another false patent application - the market is flooded with these type of claims - we used Java compilers for web based services for a Bell South project back in the mid 90's - and we shared the methods with the open source community. This is well documented and we did not attempt to "Patent" what should have been considered normal and intuitive use of technology. Seems like watching a child discover new things ;)

      --
      Mark Hewitt mark(at)mark-hewitt.com
    33. Re:My First Thought by nanosquid · · Score: 1

      I'm not sure what you're getting at. Are you saying that publication in that web log constitutes prior art? It probably doesn't; not every publication counts as public disclosure from a patent point of view.

    34. Re:My First Thought by aldousd666 · · Score: 1

      No, I'm saying that making available working software implementing the concept in question illustrates that the person applying for the patent can't claim to be the originator of the idea, unless they can somehow imply that the person who first revealed the information somehow acquired it from them. If someone else has it first, then you aren't the first to have it. I would fail to see how you can argue with that.

      --
      Speak for yourself.
  2. Well, if this keeps people from making C into JS by istartedi · · Score: 5, Funny

    Then maybe the patents aren't such a bad thing.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  3. Economic Model by jeevesbond · · Score: 1
    1. Patent obvious method
    2. Sue Microsoft for Atlas AJAX library
    3. ???
    4. Profit!
    --
    I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
    1. Re:Economic Model by anomalous+cohort · · Score: 2, Informative

      The MSFT technology that the poster is referring to used to be marketed as Atlas but no longer. It is not in violation of this patent because it does not compile server side code into client side java script. Instead, it provides a lot of web controls that use AJAX instead of the traditional ASP.NET form post to interact with the server.

    2. Re:Economic Model by jeevesbond · · Score: 1

      That's true, but doesn't Visual Studio have some methods of automatically creating Javascript calls to public server side functions? If so it's likely that Visual Studio is infringing on this patent, in a similar way to Google Web Toolkit mentioned above. This patent is potentially very broad-reaching.

      --
      I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
    3. Re:Economic Model by Tim+Browse · · Score: 1

      If so it's likely that Visual Studio is infringing on this patent, in a similar way to Google Web Toolkit mentioned above.

      Do you mean Visual Studio 2005? :-)

      The first beta came out in 2004, I believe. i.e., before September 2005.

    4. Re:Economic Model by anomalous+cohort · · Score: 1

      Visual Studio have some methods of automatically creating Javascript calls ... it's likely that Visual Studio is infringing on this patent

      IANAL so take this with a grain of salt. IMHO, VS.NET does not infringe on the first independent claim of the Morfik patent. It is my understanding of U.S. patent law that all independent claims of a patent must be infringed upon in order for it to be a patent violation.

  4. Don't even think it. by Seumas · · Score: 3, Funny

    I swear, I will set fire to the first bastard to reply to this article with "dur dur... I'm going to patent blank"!

    1. Re:Don't even think it. by Viceroy+Potatohead · · Score: 4, Funny

      That's silly. No-one can patent blank. It belongs to everybody!

    2. Re:Don't even think it. by rubycodez · · Score: 2, Funny

      that's you. are ya gonna do the "protesting Buddhist monk self immolation with a can of gasoline and match" trick? Need a light?

    3. Re:Don't even think it. by mwvdlee · · Score: 2, Funny

      Why?
      Did you patent the "dur dur... I'm going to patent blank" line?

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    4. Re:Don't even think it. by eln · · Score: 1

      dur dur...I'm going to patent setting people on fire for replying to this article with "dur dur...I'm going to patent blank"!

      HA! Follow through with your threat and I'll sue your ass!

    5. Re:Don't even think it. by sdpuppy · · Score: 1
      He can't.

      That technique is patented.

    6. Re:Don't even think it. by TheVelvetFlamebait · · Score: 1

      dur, dur... I'm going to patent gorillas in pink tutus!

      What did you think I was going to say?

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    7. Re:Don't even think it. by rubycodez · · Score: 1

      no problem, I'll pay the standard 10%

    8. Re:Don't even think it. by Pichu0102 · · Score: 2, Funny

      Don't you worry about patents. Let me worry about blank.

    9. Re:Don't even think it. by wolfemi1 · · Score: 1
      You don't worry about blank , you let me worry about blank

      /Fry

    10. Re:Don't even think it. by LynnwoodRooster · · Score: 1
      I swear, I will set fire to the first bastard to reply to this article with

      Where's my royalty? I just patented fire...

      Oh, and dur dur? You can't patent language. That's copyright. And you can't copyright Swedish...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    11. Re:Don't even think it. by Anonymous Coward · · Score: 0

      I think you will find that I have the patent on blanks. The result of a bad ex-wife and a botched vasectomy.

  5. ya know by hansoloaf · · Score: 3, Funny

    April Fools Day is over.

  6. Missing footer by AKAImBatman · · Score: 1

    * From the redudant department of redundancy.

  7. Turing tarpit by bcmm · · Score: 1

    Of course it is technically possible to do anything in Javascript. But can this technology do any task which is actually complex enough that it wouldn't be easier to just port it manually, at anything like reasonable speed?

    --
    # cat /dev/mem | strings | grep -i llama
    Damn, my RAM is full of llamas.
    1. Re:Turing tarpit by TheTempest · · Score: 2, Informative

      GWT does it and very well indeed. I've cross-compiled MD5 hash code to javascript and it works fine. I'd rather not port that manually since I already have perfectly good Java code for it.

      --
      -Dave
    2. Re:Turing tarpit by csplinter · · Score: 1

      Can you make a self modifying javascript application? I don't think it's possible.

    3. Re:Turing tarpit by Anonymous Coward · · Score: 0

      Can you make a self modifying javascript application?

      1. Yes.
      2. "Self-modifying" is an implementation detail, not part of the task (at least for code that's intended to be useful, rather than written as an exercise). It doesn't allow you to "do" anything that you can't do other ways.
    4. Re:Turing tarpit by AKAImBatman · · Score: 3, Informative

      Can you make a self modifying javascript application?

      Yes. Next question?
    5. Re:Turing tarpit by W33B · · Score: 1, Funny

      time travel?

    6. Re:Turing tarpit by AKAImBatman · · Score: 2, Funny

      time travel?

      Yes. Next question?
    7. Re:Turing tarpit by W33B · · Score: 0

      that wiki has no mention of javascript...I think you should check you sources laddie!

    8. Re:Turing tarpit by AKAImBatman · · Score: 1

      You didn't say anything about Javascript. You asked if Time Travel was possible. Yes. Next question?

    9. Re:Turing tarpit by Anonymous Coward · · Score: 0

      You should go into politics ..

    10. Re:Turing tarpit by mgiuca · · Score: 1

      Can you make a self modifying javascript application? I don't think it's possible.
      There are two types of self-modifying programs: programs that physically modify their machine code (which is possible for assembly, C or other really low-level apps), and functional languages.

      Firstly, you're right, Javascript and most other high level languages can't modify their machine code because it's entirely protected (not to mention, usually interpreted).

      But, high-level functional languages can create code at runtime. This is possible in Javascript with code like "var f = new Function("Source code as string")", which stores the new code in the variable f.

      Now I'm pretty sure that in Javascript, you can re-assign an existing function with new code. In other words, if a function f does one thing, you can go "f = ..." and assign a new function object (functor) to it. This is technically self-modifying code.

      It's very different from unsafely modifying machine code. It's modifying it at the function / semantic level, not at the machine instruction level.
    11. Re:Turing tarpit by mgiuca · · Score: 1

      Of course it is technically possible to do anything in Javascript.
      Also what the original poster was saying with "it is technically possible to do anything" is that JavaScript, like most programming languages, is turing complete.

      This means any algorithm you can write in one language you can write in another, including JavaScript.

      A lot of turing-complete languages (eg. Java) are not self-modifying, but they can still code up any algorithm. They just have to find another way to do it, and this computability theory proves that it is technically possible (even if you have to code up a C interpreter in Java, it's still possible).

      A good example of this is that some languages, such as Haskell (mostly pure functional languages) have no for loops, while loops, or any form of iteration. They only have recursion. But you can still simulate all iterative algorithms with recursion. Likewise you can write any recursive algorithm using iterative-only languages (such as the original Fortran), by implementing your own stack. The implementation is different, but it's still possible.

      (Sorry for writing two huge replies to your single-line post!)
    12. Re:Turing tarpit by ACORN_USER · · Score: 1

      Think about what you're proposing. API's like GWT look after all the dirties you are proposing. You're writing a rich UI which will run on multiple web browsers and cater for all their limitations. GWT takes care of this for you. You focus on your model and the essentials of your view. GWT will ensure that it will run across multiple browsers and invoke the correct remoting functions, no matter which browser it is that you're running it on. Manual porting a 'complex' interface will be an even larger pain in the rear.

      That said, I know an old guy who argues that high level languages make you think less and that you should be writing everytyhing in assembler; you may also have to nibble on punch cards first. If that doesn't make you cr@p yourself, then I'd say try building a 'lots' of browsers compatible complex AJAX application totally by hand. I won't.

  8. Not an invention by jesterpilot · · Score: 1

    It's more like 'a job someone had to do'.

    --
    Trust me, I work for the government.
  9. Turing Completeness? by Anonymous Coward · · Score: 4, Insightful

    Shouldn't any technology like this be immediately unpatentable? All this does is translate code in one Turing-complete language to another. Since this transformation is mathematically proven to be possible for all Turing-complete languages, this is merely an algorithm and should be unpatentable...

    (I know, they'd approve a patent on cheese if you worded it as "a method for transforming milk and bacteria into edible food product.")

    1. Re:Turing Completeness? by MillionthMonkey · · Score: 2, Informative

      this is merely an algorithm and should be unpatentable...

      If it's an algorithm, it's been firmly established legally that it is patentable. It transforms a computer from a "general purpose device" into a "specific invention". Any lawyer will tell you this. Patents are granted for algorithms all the time and they cannot be challenged on that basis.

      If you write a book, you transform hundreds of sheets of blank pages into a device for keeping you absorbed for a few hours, but they won't let you patent that for some reason having nothing to do with "prior art" since there is no prior art if you're the first to write a book with the given plot, premise, or subject. I can claim copyright no matter what I write (as long as I don't plagiarize) but if I'm the first to come up with a book about a superhero who gets his superpowers only when he smokes pot (so running out of money is like "kryptonite"), you'd think I'd be able to get a patent on all books involving serial killers who have to smoke quickly in phone booths to save people. But nooooooo, they'll let you schmucks rewrite my book.

    2. Re:Turing Completeness? by Dun+Malg · · Score: 1

      f it's an algorithm, it's been firmly established legally that it is patentable. Thing is, it's not any particular algorithm. It's overly broad. You can't patent an overly general description of an algorithm, e.g. "a mathematical computation that takes in an integer and returns one or more integers as output". I think translating one of any number of languages into another, even a specific target language like JS, is overly broad.
      --
      If a job's not worth doing, it's not worth doing right.
    3. Re:Turing Completeness? by Anonymous Coward · · Score: 1, Interesting

      If it cannot be denied on the basis of being an algorithm, surely it can be denied on the basis of obviousness.

    4. Re:Turing Completeness? by Anonymous Coward · · Score: 0

      mod parent up! It's like they patented compiling from one source language to some target language!

  10. Morfik Patents *Buzzword* Compiler by Anonymous Coward · · Score: 0

    I just love it when crap lines up like that...

    So I have to make up buzzwords like "AJAX" to get patents for existing technologies like Javascript?

    I really love those buzzfolks who hide behind words instead competency and their impact on the combined human intelligence.

  11. That's an easy let out isn't it? by Anonymous Coward · · Score: 0

    "where was your due diligence, Morfik? "

    That's an easy let out for the patent office isn't it? It's the patent office that's avoiding checking the prior art and obviousness clauses of patent law. i.e. its the patent office that won't do it's f***ing job.

    This fast track patent is just a trick to legally not do their work and pass the blame to someone else. But the patent office created the current mess and they should fix it.

    1. Re:That's an easy let out isn't it? by Pollardito · · Score: 1

      hasn't the person applying for the patent always been obligated to share any information they have about possible prior art?

    2. Re:That's an easy let out isn't it? by innocent_white_lamb · · Score: 1

      If I close my eyes really tight and stick my fingers in my ears and yell "Na Na Na Na", I see no prior art at all while I'm hot-footing it to the patent office.

      --
      If you're a zombie and you know it, bite your friend!
  12. Python by FMota91 · · Score: 1

    Aha, Python's not on the list!

    Must be too high-level.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C1 bottles of beer on the wall. Take one down, pass it round... Oh, umm...
    1. Re:Python by Anonymous Coward · · Score: 0

      Aha, Python's not on the list! Must be too high-level


      Very high level indeed, IT'S ON PLANES!!!

      http://developers.slashdot.org/developers/07/04/01 /176239.shtml
    2. Re:Python by Anonymous Coward · · Score: 0

      Or Perl!

    3. Re:Python by jimbojw · · Score: 1
      TFP says:

      The result is that most web sites only consist of small amounts of code scattered throughout the web pages, rather than large scale amounts of code that are commonly present in software applications. This is a direct result of two limitations of JavaScript: first and foremost is that it is an interpreted language rather than a compiled language, and second is that it is object-based/prototype-based, rather than truly object-oriented.
      Are patents allowed to contain statements which are patently false?
    4. Re:Python by DannyO152 · · Score: 1

      Also missing, from cursory glance, Haskell, Scheme and OCaml. I knew there was a reason I was working through the tutorials.

  13. NOT A PATENT by thebdj · · Score: 5, Informative

    There is not a patent here. This is a published application. Filed in 2006, not 2005, with priority to 2005 through a provisional application, which almost gives it the same level of priority as if it were file in 2005. Someone wake me up WHEN this gets issued and not when it is just an application that quite possibly hasn't even been viewed yet. (USPTO has almost a 3 yr backlog in some arts.)

    --
    "Some days you just can't get rid of a bomb."
    1. Re:NOT A PATENT by fayd · · Score: 0, Troll

      How can there be a 3 year backlog if all they do is stamp "approve" on the thing.

      That's either got to be the cushiest job on the planet (BREAK TIME! Smoke'em if you've got em) .. or the most asinine (Translate the application into Urdu, reverse every other word, perform the ritual two hour tiki-dance, ...)

    2. Re:NOT A PATENT by Shadowlore · · Score: 1

      The point to be fighting this application is PRIOR to it becoming a patent. Are you saying you'd rather not hear about these until it's much harder? I'd rather we know about these before they are approved and can still be fought much easier.

      --
      My Suburban burns less gasoline than your Prius.
    3. Re:NOT A PATENT by thebdj · · Score: 4, Informative

      There is a hell of a lot more going on then just stamping "approve" on the thing [patent].

      There is a review process where an examiner searches for prior art that matches or closely matches the application. Then, in probably 90% or more of cases, a rejection letter for some or all of the claims is sent to the attorney (or the applicant if filing without an attorney). After a few months, a response from the attorney comes. This can now go one of two ways. If the attorney argued your prior art is not applicable, you can 1) uphold your decision, in which it become a "final rejection" or 2) change your rejection in which case you basically repeat the first step again.

      The other method is they pre-date your prior art, using proof of older design date, if your rejection wasn't under 102(b) that is. You can now write a rejection with new prior art and this becomes a "final rejection". However, these "final rejections" are not the end of the process. They can either make a last ditch effort to amend to your liking (and probably get their "stamp"), they can basically repay the filing fees and start over with another two rounds, or they can file an appeal to the Board of Patent Appeals and Interferences (BPAI, I think that is right.). If they still don't like the decision they can appeal to the CAFC (Court of Appeals for the Federal Circuit), and in the very unlikely case, all the way to the Supreme Court.

      I recommend three pieces of literature before you say they just stamped "approve" on everything. Read title 35 of the United States Code (35 USC), title 37 of the Code of Federal Regulation (37 CFR), and the Manual for Patent Examining Procedure (MPEP). I am pretty sure that is the right CFR, but all of those documents will give you an idea of what a patent examiner deals with. I gave you a very rough and very brief explanation of the procedure above. And to end this, I was a Patent Examiner, so yes, I do know something about this.

      --
      "Some days you just can't get rid of a bomb."
    4. Re:NOT A PATENT by Otter · · Score: 1
      There is not a patent here. This is a published application.

      There's that period of readjustment every April 2nd, as we return from an endless stream of unfunny "joke" stories to an endless stream of just-plain-wrong stories.

    5. Re:NOT A PATENT by Anonymous Coward · · Score: 0

      That point seems to have been lost on both the submitter and editor, who claimed it *is* an approved patent.

  14. What does that mean for AJAX then ? by unity100 · · Score: 1

    What will the reflection of that patent or whatever is going to be on ajax ?

  15. Simple work-around by Tablizer · · Score: 1

    ...just don't use OOP. I always wanted to see a relational GUI anyhow (using dynamic relational, not Oracle-like static stuff).

    1. Re:Simple work-around by Anonymous Coward · · Score: 0

      reactive (web) GUIs:

      http://www.flapjax-lang.org/

  16. ColdFusion? by bigblackcar · · Score: 2, Insightful

    Since when is ColdFusion a high-level language? Just because they use it in MySpace?

    1. Re:ColdFusion? by Anonymous Coward · · Score: 0

      Since it was rewritten from C++ into Java? Since it was compiled into bytecode?

    2. Re:ColdFusion? by TypeC · · Score: 1

      Since when is ColdFusion a high-level language? Just because they use it in MySpace? Dunno, perhaps because it compiles to Java, can actually be written OO-ish (objects, etc), can directly call or be called from java, and can genenerate JS as well. Have you ever done CF?
      --
      Objectivity.
    3. Re:ColdFusion? by bigblackcar · · Score: 1

      Then why not PHP or Python?

    4. Re:ColdFusion? by TypeC · · Score: 1

      Then why not PHP or Python? Good point, It must be Myspace then.
      --
      Objectivity.
  17. Compiler definition by Jerf · · Score: 2, Insightful

    The definition of a compiler seems to differ from person to person, but the best one is something that reads a stream of input, converts it into a richer internal representation (usually a tree but it doesn't have to be), and writes out a different stream based on this internal representation.

    Even here in 2007, some people still seem to think the only thing that can be called a compiler is something that takes source code and emits binary code, but that's just one specific special case. The same basic principles that GCC uses will be used by PovRAY to compile its scene language into an image, ignoring the raytracing part. (That is, setting up the internal representation of the scene is just like a compiler.) Compiling C# into IL uses the same basic techniques. Defining anything that uses standard compiler techniques as a compiler is the motivation for my preferred definition.

    Given the long history of compilers, and the sheer profusion of them, I really don't think that compilers ought to be patentable anymore. Compiling Java into Javascript isn't a novel idea, it's "just" some engineering by somebody who understands compilers. (Which the recent "Wasabi" uproar over Joel on Software's posting proved is not all that many people, but still, it's simple once you see the tricks.) The only even remotely tricky part of such a compilation is if there's no easy way to get the syntax tree directly from the language parser, and that's still just engineering. There's definitely plenty of copyrightable stuff in such a compiler, but it'd take something very, very novel for it to be patentable.

    (Note I'm writing this message as if I weren't entirely against software patents, which I am, at length. This is written from the putative point of view of the patent system; even then, compilers generally aren't that novel an idea. Saying "with a compiler!" is up there with "on the internet!" for novelty.)

    1. Re:Compiler definition by Tim+Browse · · Score: 2, Insightful

      Compiling Java into Javascript isn't a novel idea, it's "just" some engineering by somebody who understands compilers.

      Indeed, but sadly not many programmers do understand compilers. (And even fewer understand linkers.)

      Other examples are CFront (the first C++ compiler) which just compiled C++ into straight C, which was then compiled by an existing C compiler, and the first Modula-3 compiler, which also just compiled to raw C.

      I myself have written a compiler that took a scripting language in our game editor, compiled it to C, linked the C code into a DLL, loaded the DLL into the game editor, and ran the code all in a single UI step (in the late 90s - and I figured these techniques were pretty old hat at the time).

      Like you say, deciding to compile to Javascript is hardly a new and fantastic innovation.

    2. Re:Compiler definition by Tired+and+Emotional · · Score: 1
      Specifically, this is a source to source translator. Those are as old as the hills too. C-front is probably the obvious well known example, but Perl to C translation is also well known. However, things like LALR parser generators and Code Generator Generators also fall into this category, and one would not really call those compilers (although the term compiler-compiler is common) - so source to source translators are not a subset of compilers.

      There is also the concept of nested abstract machines that is relevant here. That idea certainly goes back at least as far as Niklaus Wirth's work in the mid to late 70's. Javascript is just a virtual machine on top of which you can implement another virtual machine that is the implementation vehicle for some other language. Looking at it this way helps you map one language to the other in detail.

      I am afraid my eyes glazed over before I finished reading the disclosure of their technology, but I did not see anything that was in anyway not prior art. If there is an invention in there, it has a bodyguard of commonplaces.

      --
      Squirrel!
  18. What the hell? by Anonymous Coward · · Score: 0

    A method to compile a web application programmed in a high-level language into browser-side JavaScript comprising: reading at least one source file comprising the high-level language; parsing the at least one source file to generate a semantic map to provide a structured representation of information contained in the at least one source file; and emitting browser-side JavaScript from the semantic map, the JavaScript being produced by walking over nodes of the semantic map.

    Sorry, compilers and code translators have been around for a long time. Look at claim 2, aren't comments generally removed from program source code when generating an AST? There's nothing novel in the first 5 claims, claim 6 is obvious and the remainder are just silly. I'm offended these guys had the gaul to even file this.

    1. Re:What the hell? by Anonymous Coward · · Score: 0

      I'm offended these guys had the gaul to even file this.

      Damn those French, always getting in the way.
  19. Criminal Penalties for Frivolous Applications by parvenu74 · · Score: 1

    It seems like every time we hear about a patent application on Slashdot it's usually followed up with lots of evidence of prior art, be it Google's Web Toolkit or something else. The US Patent and Trademark office doesn't have the manpower or expertise to thoroughly research every patent submission which seems to embolden schmucks to patent things they shouldn't or couldn't if there were competent safeguards in place. That being the case, let's "slsashdot" Congress with petitions to enact penalties ranging from administrative fees for honest mistakes to criminal charges -- and jail time for egregious offenders -- for frivolous applications in cases where someone is clearly in the wrong in filing for a patent. As long as there is no possibility of punishment to deter a flood of patents in the hopes of suing for royalties, this crap is only going to get worse.

    1. Re:Criminal Penalties for Frivolous Applications by Chandon+Seldon · · Score: 1

      That would just tilt the patent system even more in the favor of large companies, patent trolls, and hordes of lawyers. Determining if there is prior art - even well publicized prior art - for a patent can be damn hard. Even an expert in a reasonably specific field (say "Web Programming" here) won't know about all of the potential prior art.

      Consider how the law you suggest would effect a big company, a patent troll, and a small entrepreneur. The big company would file the same patents they always did - they'd have their giant legal team go over each patent and every patent would be at least good enough that any marginal application would seem to fall in the "honest mistake" category. The patent troll *only* has lawyers on payroll, and so they can do the same. As for the small business, they can *never* attempt to apply for / enforce even a reasonably legit looking patent against anyone with good lawyers - because if they fail they might go to jail.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  20. Compuware's Uniface: +1, Helpful by Anonymous Coward · · Score: 0

    is here.

    Regards,
    Kilgore Trout

  21. Ruby on Rails?? by beldraen · · Score: 1
    Isn't this part of the basic framework of Ruby on Rails? I call "high-level" commands which "translate" to AJAX functionality. Rails has been around since 2004. Not to mention the obvious, but how is creating a framework that encapsulates another system's behavior new in any sense.. Yeah, yeah, I know.. I suppose the following is a patented, "new" idea:

    <%= observe_field(:person_search,
    :frequency => 1,
    :update => :output,
    :with=> "'search='+escape(value)",
    :url => { :action => :search_changed })
    %>
    --
    Bel, the mostly sane.. "Of course I can't see anything! I'm standing on the shoulders of idiots." -- Me
  22. yaccety yacc by Bastard+of+Subhumani · · Score: 5, Interesting

    For all the handwaving and buzzwords in the application, it converts code written in language foo into language bar. That's a compiler. Now if they want to patent (copyright's possibly more appropriate?) their specific individual implementation of a compiler, then let them get on with it. If they want to patent compilers as a concept they can stuff it and I don't think they have a hope.

    --
    Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    1. Re:yaccety yacc by z4ce · · Score: 1

      Ah yes, handwaving. I wonder if they use IP over SFSS at all in this patent. ;)

    2. Re:yaccety yacc by Dausha · · Score: 2, Interesting

      "it converts code written in language foo into language bar."

      It reads like what I've seen done for years: having a program (e.g. PHP-based) that produces javascript or calls to javascript. Heck, I wrote something like that as recently as 2005. "Compile" could be as simple as building an array of javascript function calls that are then embedded into a web page.

      That said, another case of poor judgment of the USPTO. Last summer I took a class in Patent Law at my law school. The professor showed a patent for a pocket handkerchief folded into a pocket square inserted into the left breast pocket of a suit coat. It was submitted in 2001 and granted that year. Of course, pocket squares have been around for decades, and somebody brought that to the attention of the USPTO, who went back and filled a retraction. The original patent remains, but a follow-on rejects all the claims. I think the same should be done here.

      Truth be told, they need fewer government and more computer geeks working in the computer group of the USPTO, methinks.

      --
      What those who want activist courts fear is rule by the people.
    3. Re:yaccety yacc by Anonymous Coward · · Score: 0

      poor judgment of the USPTO"

      Judgment is only possible if someone knows something about that which they are judging - other wise it's just blather and opinion. Do you think the USPTO knows *anything* about compilers?

  23. April Fool's! by enharmonix · · Score: 2, Funny

    Yeah, haha, Hemos, you almost had me! OMG PONIES!!!1!! Very clever April Fool's joke! And for the USPTO to be in on it... Wow. Best one yet!

    ...wait a tic, it's April 2nd... WTF?

  24. GPL3 ecosystem by MarkWatson · · Score: 1

    This is yet another argument for creating a large "ecosystem" of valuable GPL3 code: lock vendors who abuse patents out of this ecosystem. Companies can still keep their intellectual property to themselves: private and proprietary data used with GPL3 code.

    As a consultant, I always try to sell my customers on going open source, if it makes sense for their situation. Open source == cost savings.

  25. Slashdot Just DOES NOT GET Patents by Anonymous Coward · · Score: 5, Informative

    For as smart as the people on Slashdot are, it continually surprises me to see just how bad people are missing the boat in terms of what a patent application such as this means. Seriously, discussion here might be elevated from ridiculous to meaningful if everybody would just keep in mind the following things:

    1. The title of a patent does not describe the scope of what the patent will cover. In this example, they are not trying to patent every single "System and method for synthesizing object-oriented high-level code into browser-side javascript." They are trying to patent *one particular, specific system and method* for doing so. That is a big friggin difference. If you read the patent claims, you will see what the patent is actually covering. Summary: People on Slashdot inappropriately freak out when they see a patent title that looks broad and they really ought to know better by now.

    2. This is a patent APPLICATION!!! Not an issued patent. When people try to get a patent, they make the claims incredibly broad at first. And then the examiner will make them narrow the claims as they negotiate what the patent actually will cover. In this example, I am going to hazard a guess that the examiner will probably make them throw out claims 1 through 4. And the examiner might let their broadest claim be claim 5. The people trying to get this patent KNOW that this is what will happen during this process--it is how things are done! I am astounded that the people on Slashdot have not picked up on this yet. Summary: Just because a patent application has incredibly broad claims, that does not mean 1) that the patent will issue that way, or 2) that the people applying for the application realize that what they are in their application claiming is too broad.

    Get with it, people! I hope that reading this may take the discussion here from "Patents suxkzorz!!" to "Well, claim 1 looks way to broad because of $somePriorArt . . . but the method described in claim 5 . . . hmmm, I don't know that I've ever heard of anything that does it that way exactly."

    Here's to hoping, anyway!

    1. Re:Slashdot Just DOES NOT GET Patents by ajakk · · Score: 1

      Somebody please mod this up. Slashmods are TERRIBLE about pushing patent stories that are false. I would bet that approximately 75% of all stories regarding patents on Slashdot are materially wrong. If the guys at /. want a primer on patent law, feel free to email me and I would be more than happy to teach them a thing or two.

    2. Re:Slashdot Just DOES NOT GET Patents by Jaqenn · · Score: 2, Insightful

      If the guys at /. want a primer on patent law, feel free to email me and I would be more than happy to teach them a thing or two. I'm interested. But why do you want to distribute via email instead of just posting? It's just as hard to type as an email as to type as a comment.
      --
      You are awash in a sea of fiercely stated opinions. Obvious exits are: 'File->Quit', 'Reply', and 'Page Down'.
    3. Re:Slashdot Just DOES NOT GET Patents by Anonymous Coward · · Score: 0

      He isn't going to do it as a comment because his comment will get modded down -infinity troll while all the comments that say "I are going to patent patenting" get modded +5 insightful.

    4. Re:Slashdot Just DOES NOT GET Patents by Anonymous Coward · · Score: 0

      Seconded.

    5. Re:Slashdot Just DOES NOT GET Patents by Anonymous Coward · · Score: 0

      He could post as AC. Except I guess that if he's just gonna get modded down he's just wasting points from his carpal tunnel fund.

    6. Re:Slashdot Just DOES NOT GET Patents by Anonymous Coward · · Score: 0

      For as smart as the people on Slashdot are

      Well, there's your first mistake. Dude, they ONLY people who think the readership here is intelligent are... the members themselves. Outside of this site, like where the grownups work, slashdotters are a joke. Where I work it's an insult: "what are you, some slashdotter?", after a guy makes a completely stupid, idiotic mistake that could have been prevented if he had spent one minute to read one page of the fucking manual. You know, like the stupid shit you see here on a daily basis.

      it continually surprises me...

      Some people are really, really slow learners.

  26. Difference Between Application/Priority Date by blckbllr · · Score: 4, Informative

    In this case, the application was filed September 5, 2006. Thus, the application filing date is September 5, 2006. However, the application claims priority to a provisional application filed September 6, 2005. Thus, the application has a priority date of September 6, 2005. This difference is important for 35 U.S.C. 102(e) purposes.

    Under 35 U.S.C. 102(e), a prior filed U.S. patent or application can be used as "prior art" against a currently filed application. As an example, suppose Application A was filed on March 1, 2006 that discloses each and every limitation of claim 1 of the current application. Application A could then be used under 35 U.S.C. 102(e) as "prior art" to reject claim 1 because it has an earlier filing date (application date) than the current application. However, the Applicant of the current application could then rely on the priority date of the provisional application, which is September 6, 2005, to overcome the rejection. In this case, the Examiner would then have to go back to the provisional application to which the current application claims priority, and determine, whether, in fact, the provisional application discloses the subject-matter claimed by claim 1. As an additional comment to 35 U.S.C. 102(e), I briefly add that it is common for an Examiner to reject a claim in view of a reference that qualifies as "prior art" under 35 U.S.C. 102(e), where the reference is used with other art under 35 U.S.C. 103(a).

    Hence, there is a difference between filing dates and priority dates, and these two dates need not always be the same. So, to say that these application has a filing date of September 5, 2006 would be correct, but then to say that this application has a priority date of September 6, 2005 would also be correct.

    The opinion expressed herein does not represent the views of any government or private organization.

  27. Time to Modernize.... by truckaxle · · Score: 2, Funny

    The high-level languages include "Ada, C, C++, C#, COBOL, ColdFusion, Common Lisp, Delphi, Fortran, Java, Object Pascal, SmallTalk, Visual Basic, and Visual Basic.NET".


    I guess now I am forced to to port all of my FORTRAN AJAX apps over to Perl :)
    1. Re:Time to Modernize.... by Linker3000 · · Score: 1

      ...or GWBASIC.

      --
      AT&ROFLMAO
  28. Eat, Drink and be merry! by billcopc · · Score: 1

    "System and method for synthesizing object-oriented high-level code into browser-side javascript"

    I suck at english, I really don't "get" what they're patenting here, a code translator or something ? Code your webpage in "MorfikLang++" and it will automagically translate into Javascript, so you can do double the debugging plus pay licensing/royalties for something everyone else has been doing natively for a couple years :P

    I don't see this as affecting AJAX at all. AJAX is just a catchphrase that seems to group any functionality that doesn't result in a page reload, hopefully involving meaningful data exchange with the server. Hell, lots of people falsely believe that prototype.js == AJAX.

    Besides, if they were really trying to patent AJAX, don't you think Google would play musical court chairs with them until little miss Morfik runs out of seed money ? The system is broken, that's for sure, but it's broken in favor of whoever has more money. Who the hell has more money than Google and MS ? (Bad Boy) Noooooooobody!

    --
    -Billco, Fnarg.com
    1. Re:Eat, Drink and be merry! by lisaparratt · · Score: 1

      No, a translator that takes a completely unmodified VB/C/etc. program, and turns it into a finished, complete, debugged webpage, as easily as typing "make".

      It'll be a real license to print money for whoever implements it, and now these talentless hacks get their cut for doing SFA.

    2. Re:Eat, Drink and be merry! by billcopc · · Score: 1

      (blinks rapidly) Not gonna happen. Not only would it be more work than it's worth to somehow reimplement these application languages using browser scripting, but an idiot-friendly solution to web development already exists: .Net

      It's only a license to print money if there's no cheaper, better alternative (and you somehow prevent clones from popping up).

      --
      -Billco, Fnarg.com
    3. Re:Eat, Drink and be merry! by lisaparratt · · Score: 1

      cheaper, better alternative

      Depends how old/crufty/complex the system being webified is.

      (and you somehow prevent clones from popping up) ...patent?

  29. Technical merit by piprog · · Score: 1

    Related to prior art: there were already discussions about this subject when the GWT v.s. Morfik case emerged a few months back. The Morfik toolkit itself is in development for over six years now (at least) so one should seek evidence prior 2000, I suppose. And AFAIS Morfik's patent involves not only the fact of "translation" ("what") but also the method (the "how") that they call JST (JavaScript Synthesis Technology). I will be looking into the Morfik patent from this technical perspective and through the looking glass of a convert Morfik developer, as soon as I can at piBlog (http://www.pannonrex.com/blog).

  30. This isn't under the radar. Been known about. by Thomas+Charron · · Score: 2, Informative

    This article is so 2006. :-)

    http://blogs.zdnet.com/web2explorer/?p=196 explains the patent back in 2006. No, Morfik didn't copy it. They even hypothetically showed it to Google before GWT was released.

    --
    -- I'm the root of all that's evil, but you can call me cookie..
  31. Nope by Anonymous Coward · · Score: 0

    No, they didn't. GMail was built all on their own. GWT is a company they bought and open-sourced.

    Their kitchen sink demo looks superficially like GMail, which may contribute to the confusion, but this is probably just to demonstrate that you could build a GMail-like app with it. If you look at what is generated, it's completely different: GMail uses frames, doesn't load a .js file from the server, etc.

    (That's not to say that this patent makes any sense; we've been building X-to-Y compilers for decades, and have prior art out the wazoo.)

  32. This was already being done in 2001 by xutopia · · Score: 2

    I worked for b-process.com in 2001 and we implemented exactly this in Java. I also have done similar stuff in PHP since then. It's nothing new.

  33. you screwed grammar again by Anonymous Coward · · Score: 0
    >(They're lawyers must be telling them it won't work?)

    They are obviously not lawyers, and their lawyers must be bad too. Just like your grammar.

  34. Could some explain to me why Javascript Java by goombah99 · · Score: 1

    If one is going to compile code to an "executable" form, in this case java script, why does it actually matter what form it is. Why not compile it to java?

    Trying to answer my own questions the relevant issues are:
    1) is the size of the javascript smaller or larger?
    2) is java faster or slower for sophisticated operations?

    I don't actually know which will be true. While normally i'd expect java to be faster than an interpered language, it's not so obvious for code sent across the web. While simple things like loops will be faster in Java, maybe more sophistcated operations like spawning a new web page will be faster in javascript. Javascript can for example embed a very sophisticated operation--for example "sort"-- into just as few characters, and it will execute at the speed of optimized c-code native to the platform. Javabyte code must encode the whole sort and will execute at the speed of the java interpreter.

    3) perhaps the virtue of compileing to javascript is that it's nominally easier for humans to modify
    4) is java not as cross platform portable these days compared to java script?
    5) are their functions in javascript not available to java?

    --
    Some drink at the fountain of knowledge. Others just gargle.
  35. Only damaging themselves by Anonymous Coward · · Score: 0

    The patent might make it through the USPTO. I doubt it will hold up in court vs Google or Microsoft.

    Regardless, as a potential developer of Morfik-based applications, I have just crossed them off my list. I avoid dealing with companies that compete through the courtroom (with obvious patents) rather than on their product's merits.

  36. Re:This isn't under the radar. Been known about. by Anonymous Coward · · Score: 1, Interesting

    I think it is more than hypothetical about showing to Google. "Morfik is tight-lipped about GWT, as they are apparently still under NDA obligations." http://www.readwriteweb.com/archives/morfik_ajax_p latform.php/. So I would read this as saying Google contacted Morfik and signed an NDA with them sometime in 2005 to look at what they were doing before they released GWT in 2006.

  37. Re:Could some explain to me why Javascript Java by dubl-u · · Score: 1

    If one is going to compile code to an "executable" form, in this case java script, why does it actually matter what form it is. Why not compile it to java?

    Because every browser has a roughly adequate JavaScript interpreter that is integrated with page rendering.

    Like most compilers, things like GWT adapt programmer brains to the execution environment.

  38. Simple solution. by ZiZ · · Score: 1

    It's not JavaScript. It's ECMAScript, and your JavaScript terp just happens to run it properly.

    --
    This flies in the face of science.
    1. Re:Simple solution. by Anonymous Coward · · Score: 0

      WTF is a "terp"? Idiot.

  39. Microsoft had prior art as early as 1998 by htmlapps · · Score: 1

    I think Microsoft had prior art as early as 1998. http://www.microsoft.com/mind/0498/cutting0498.asp

    1. Re:Microsoft had prior art as early as 1998 by Anonymous Coward · · Score: 0

      That isn't compiling to JavaScript, it is a packaging scheme for JavaScript (like OpenLaszlo).

      I'm glad though that they mention LISP is an anticipated application of their invention, since this LISP-to-JavaScript compiler is unambiguous prior art (as if compiling language X to language Y isn't obvious enough).

      http://blogs.bl0rg.net/netzstaub/2005/03/14/parens cript

  40. Re:Could some explain to me why Javascript Java by goombah99 · · Score: 1

    If one is going to compile code to an "executable" form, in this case java script, why does it actually matter what form it is. Why not compile it to java?

    Because every browser has a roughly adequate JavaScript interpreter that is integrated with page rendering.

    Are you saying that in this day and age that most computers and their browsers don't support a cross platform java sandbox? Surely we are not still living in the early 90s.
    --
    Some drink at the fountain of knowledge. Others just gargle.
  41. Uhh, prior art in 1996 by nevets429 · · Score: 1

    Back in 1996 we were using a developer kit from IBM on their VisualAge C compiler for OS/2 that let us write client side Javascript dynamically. It wasn't called Ajax back then but it's definitely prior art.

  42. Get rich quick sceme by Anonymous Coward · · Score: 0

    I will file two patent applications:

    1. "A method for doing something"
    2. "A method for doing nothing"

    Whatever you do, you will have to pay.

    Thomas

  43. pypy by nairb774 · · Score: 2, Informative

    All I have to think of is the current progress of the pypy interpreter. They have the ability to take something that is written in RPython and translate it into any backend to the annotator. This currently supports JS among other things. Check out http://codespeak.net/pypy/dist/pypy/doc/news.html

  44. Department of redundancy department by jefu · · Score: 1
    The phrase "department of redundancy department" (if I remember correctly) comes from the Firesign Theater's "Don't Crush That Dwarf, Hand Me the Pliers". A quick lookup later and it seems to be part of Principal Poop's speech :

    Your food, housing, insecurity will be guaranteed by your Department of Redundancy Department and the Natural Guard.
  45. RTFA (the submitter got it WRONG) by nanosquid · · Score: 1

    The Slashdot submitter got it wrong. The patent says "Filed: September 5, 2006". That is, 2006.

    Go read for yourself. Come on, you know you want to.

  46. I'm afraid you have infringed my copyright by Colin+Smith · · Score: 1

    blank© was copyrighted several years ago, the license to use it is only $5 per letter. $7 if in bold or italics.

    --
    Deleted
  47. patents reward disclosure, not invention by nanosquid · · Score: 2, Insightful

    It doesn't matter whether they (or anybody) used it before then. The patent system does not reward invention, it rewards disclosure.

    If you invent something and you don't disclose it fully and publicly, you lose your right to use your invention if someone else patents it. That's what the patent system is intended to accomplish.

    1. Re:patents reward disclosure, not invention by samkass · · Score: 1

      Not in the United States. Although I think you're right in most countries, the United States uses a first-to-invent, not first-to-file system. Thus, Google still would be the sole entity able to patent this idea if they can show they used it before the other guy.

      --
      E pluribus unum
    2. Re:patents reward disclosure, not invention by Yottabyte84 · · Score: 1

      No, the patent system is intended to '... promote the progress of science ...' (US Constitution, Article I) by giving inventors a monpoly on the invention for a limited amount of time, thus providing a monatary incentive to research new things.

    3. Re:patents reward disclosure, not invention by nanosquid · · Score: 1

      "First-to-invent" is merely a principle in the US for resolving priority disputes when you file a patent application. If you don't diligently pursue a patent application after your invention, first-to-invent doesn't matter, even in the US.

      In different words, first-to-file doesn't give you the ability to invent something and then sit on it without patenting it.

      http://en.wikipedia.org/wiki/First_to_file_and_fir st_to_invent

    4. Re:patents reward disclosure, not invention by nanosquid · · Score: 1

      Yes, that is what it is intended to do. And in order to do this, they need to reward disclosure, as they do. They do not reward invention without disclosure. If you don't disclose, you don't get a patent, and if you just sit on your invention without disclosing it and someone else discloses the same idea, they get the patent, not you. That's the law.

    5. Re:patents reward disclosure, not invention by samkass · · Score: 1

      Funny, the Wikipedia article on "Prior Art" contradicts this: http://en.wikipedia.org/wiki/Prior_art

      --
      E pluribus unum
    6. Re:patents reward disclosure, not invention by nanosquid · · Score: 1

      Yeah, funny, is saying the same thing I'm saying:

      "In different words, first-to-file doesn't give you the ability to invent something and then sit on it without patenting it."

      It's particularly funny since you cite the same paragraph that I cite.

  48. Yay! by smcdow · · Score: 1

    The high-level languages include "Ada, C, C++, C#, COBOL, ColdFusion, Common Lisp, Delphi, Fortran, Java, Object Pascal, SmallTalk, Visual Basic, and Visual Basic.NET". Cool. I can still use Python and Perl.
    --
    In the course of every project, it will become necessary to shoot the scientists and begin production.
    1. Re:Yay! by cparker15 · · Score: 1

      Cool. I can still use Python and Perl.
      How do you know? The summary states that

      The high-level languages include "Ada, C, C++, C#, COBOL, ColdFusion, Common Lisp, Delphi, Fortran, Java, Object Pascal, SmallTalk, Visual Basic, and Visual Basic.NET".
      not

      The high-level languages are "Ada, C, C++, C#, COBOL, ColdFusion, Common Lisp, Delphi, Fortran, Java, Object Pascal, SmallTalk, Visual Basic, and Visual Basic.NET".
      The original summary quote gives examples of some languages. It's a subset of what would be covered by the patent. If I said, “Slashdot users include CmdrTaco, smcdow, and cparker15,” while that is technically true, that doesn't mean that there are only three users on /..
      --
      Have you driven a fnord... lately?

      You must wait a little bit before using this resource; please try again later.

  49. Solution? by Tiger+Smile · · Score: 1

    I don't own any patents, and don't claim to know much about them, but I think I have a solution to them.

    Just have someone show a working invention to the people at the patent office. That will be patented. You want to spur innovation? Maybe rewarding people AFTER they innovate might be better than to reward them after they have submitted nothing but paper and ink?

    Just a thought.

    --
    -- Prepared at the direction of, or to be sent to Legal Counsel, in anticipation of litigation. Attorney Client Pri
  50. Subcase ! It's old stuff. by DrYak · · Score: 1

    Not only specific "HighLevel to Javascript" compiler like GWT could be similar, but the whole concept seems to be pretty old.

    Isn't this a very specific subcase of all "translating" compilers that compile some highlevel into some other similarly- or not quite so- high level language (instead of compiling highlevel language into assembly / bytecode) ?

    Thoses have been around for years.

    As recently Pugs - the perl 6 to haskell/perl 5 (and parrot intermediate representation for lower level) translator.

    Or to cite a classical exemple : some early C++ implementation that worked by translating the C++ into plain C, and some of the first Fortan and Pascal language open-source support that worked by feeding C translation into gcc.

    Or to give the most trivial and widely used exemple : bison (or yacc) and flex (or lex) that translate a set of grammatical and lexical rules into C code.

    Or all those new modern GUI tools (like glade or qtc, etc.) that translate GUI-specific XML into C or C++ code ready to be compiled into the application.

    My uncle used to give lectures about such language translation compiler more than 15 years ago.

    This patent looks to me like "we defined a very specialised subcase that use javascript as its target and decided to file a patent".
    Yes maybe in 2005, when they started filing the patent, nobody has specifically published previous similar compiler. But if that's the case, there much more chance that nobody did it because it seemed to be a trivial consequences of what had been done for ages and thus nobody considered it publication-worthy.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  51. Here's the patent transaction history by FishCalledOscar · · Score: 1

    Nothing to see here, the examnier hasn't even looked at it yet. Here's the transaction history:

    04-01-2007 Case Docketed to Examiner in GAU
    03-08-2007 PG-Pub Issue Notification
    10-04-2006 IFW TSS Processing by Tech Center Complete
    10-03-2006 Application Return from OIPE
    10-03-2006 Application Return TO OIPE
    10-03-2006 Application Dispatched from OIPE
    10-03-2006 Application Is Now Complete
    09-21-2006 Cleared by OIPE CSR
    09-19-2006 IFW Scan & PACR Auto Security Review
    09-05-2006 Initial Exam Team nn
    This application Claims Priority from Provisional Application 60/714,285 filed 09-06-2005

    If you have documented prior art, alert the USPTO. An even nastier way to deal with it is to alert Morfik and/or the law firm that filed the application. They are then legally required to notify the USPTO. If they don't notify the USPTO, then there is a very good case that a court would invalidate the patent for failure to disclose relevent prior art. It can work even if the prior art isn't sufficient for rejecting the application.

    Here's the address of the firm that filed the app:

    William C. Milks, III;RUSSO & HALE LLP
    401 Florence Street
    Palo Alto, CA 94301

    --
    What? Me? Sig?
  52. A prior art war story by phunctor · · Score: 1

    In 1982 or so I was part of a team translating a metric buttload of METAPLAN (the bastard child of FORTRAN and assembly) into FORTRAN 77. By hand. The bug injection rate was horrendous, the code was diverging. The old code was the only spec and precise translation was proving to be beyond human capacity.

    My immediate manager "didn't notice" when after consultations with him (which never happened) I spent a couple of months skunk-working a translator, MP2F77. Once it worked it could be sold to *his* manager. We knew it worked because the translated code worked. *That* feature also managed to sweeten the Customer enough to accept the change in project methodology.

    The generated code wasn't real efficient but it had 10 years of Moore's Law to play with, so nobody cared. And it plus-or-minus-epsilon reproduced the previous behavior. We shipped 100% M2F77'd code.

    --
    phunctor

    1. Re:A prior art war story by phunctor · · Score: 1

      Gaak. None so blind... I meant the bastard child of COBOL and assembly. Yeah, it was *that* bad..
      --
      phunctor

    2. Re:A prior art war story by LWATCDR · · Score: 1

      I think RATFOR still predates your prior art :) But man I can feel your pain. Back when I was in college I took a microprocessor course. Back then they used a Heathkit trainer that ran a 6800! with 265 bytes of memory. To program the thing you used a hex keypad to enter in the opcodes.
      I wrote a cross assembler in FORTRAN that ran on the TRS-80 Model-IIs that they had in the programing lab. I could write my code in assembly and then dump the hex output to the printer. I then wrote a simulator for the 6800 so I could test run and debug my programs before punching the hex. Probably would have been faster to do it all by hand but not as much fun. I used Fortran because I had the compiler from the FORTRAN class I took earlier.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:A prior art war story by j-cloth · · Score: 1

      with 265 bytes of memory
      damn! what a waste of a bit.

  53. books by jefu · · Score: 1

    Check out these guys who seem to be interested in patenting plots for novels.

  54. Patent Cycles by Doc+Ruby · · Score: 1

    So at worst, Morfik should recoup its total costs that it risked by pouring them into developing this invention. And even a 100% profit, to promote progress in science and the useful arts. Collectively from the actual infringers, who have themselves poured lots of money into delivering their versions of the invention. I think that means a few thousand infringers have to split the bill to Morfik of under $100K. Which Morfik will need later when someone else with even more prior art shows Morfik is infringing them, and Morfik has to pay it all, but without the people who got out in the first round.

    --

    --
    make install -not war

  55. Re:Could some explain to me why Javascript Java by Tim+Browse · · Score: 2, Insightful

    Here's the process:

    • I hear about web app X. I decide I might be interested.
    • I go to X's web page, and it tells me I need to install a Java VM to run the app.
    • Even if I already have a Java VM, I'm really not interested any more.
    • If I don't have a Java VM, and I'm an ordinary (non-tech) person, I'm pretty much screwed anyway. It depends if Sun have decided to dick around with the Java downloading web pages this month or not.
    • If I'm in an internet cafe, I'm screwed too. And so on.

    Requiring a Java VM is the new "You need VBRUN300.DLL". i.e. a big fecking "Stay Away!" sign.

    Compiling to JavaScript means the process is this:

    • Launch your web browser.
    • You win.
    • The End.
  56. Obviousness, Prior Art, a bad patents by dfoulger · · Score: 3, Interesting

    I read through the whole thing, that this is just a very bad patent. Not bad for people in general. It can't possibly stand up to scrutiny. Its just a bad patent at every level I can think of up to and including "badly written".

    Its a bad patent because it is so "obvious". All they've done is to define JavaScript as as a p-code machine and created a (set of) compiler(s) for translating arbitrary programming languages into JavaScript "p-code". They have, in effect, attempted to patent compilers, albeit in a very limited way. Doing this was extrordinarily obvious, so much so that it wouldn't surprise me if there were hundreds of instances of prior art.

    This may be one reason why the patent is so badly written. A truly general patent would make claims against all possible programming languages, but this one explicitly does not. Almost every claim is tacked down to a specific list of languages, and that list varies from claim to claim. Worse, none of the claims address some of the most widely used web programming langauges, including Perl, RUBY, Python, and PHP. My guess is that either (1) the patent was written by an amateur or (2) that these list variations reflect what they were able to find in their search of prior art. The mere existence of variations in the claims is probably evidence of the obviousness of this patent.

    As for prior art, we've already seen claims of prior art in IBM (1996) and Microsoft (1998) products. That doesn't surprise me at all. I can recall discussing use of a JavaScript translator for an Ajax-like project I was in involved with (at IBM Research) in 1996. We didn't actually do it while I was on the project, but it was an option, and certainly not one that anyone would have believed was in any sense patentable. Appearance of such code in VisualAge during that same time frame would be anything but surprising. That is, for instance, the same time frame in which Mike Cowleshaw is translating REXX into Java p-code while retaining the interpretability of the REXX.

    There are so many other examples of this kind of machine code translation, going all the way back to the original Fortran. I don't see a chance that this patent will hold up to scrutiny.

    --
    Davis http://davis.foulger.net
  57. S2 by makomk · · Score: 1

    Hmmm, interesting - they acknowledge the existence of S2 (LiveJournal's templating language - translated to Perl before execution) and the JavaScript-outputting backend thereof, which apparently predates the first patent application by a year (but is only really a PoC). IANAL, but I suspect this may narrow the applicability of the patent somewhat - I suggest you take a look at that part of the patent...

  58. 1.) Compiler is the wrong term. 2.) Prior Art. by Qbertino · · Score: 2, Informative

    1.) This process is generally regarded as 'generating' rather than compiling. Compiling implies that something is transferred into a lower level language for speed and better runtime integration. Here it's the opposite. Thus: Generating. The servlet (or whatever) does it is generically refered to as 'generator'. Compiling is the wrong term.

    2.) Prior Art. Tons of it. Laszlo and a bunch of other generators have been doing this for years. This patent won't even last a month. To many big players involved in RIA to let it pass. It's about as long lasting (and as silly) as the famous Gary Larson 'Chicken hung by a helium balloon floating into a pub full of Samurai'. Nothing new here, move on.

    --
    We suffer more in our imagination than in reality. - Seneca
  59. Do Not Want! by Anonymous Coward · · Score: 0

    Doesn't that qualify as "cruel and unusual punishment"? :-)

  60. Re:Could some explain to me why Javascript Java by dubl-u · · Score: 1

    Are you saying that in this day and age that most computers and their browsers don't support a cross platform java sandbox?

    Of course they theoretically support it. Do they have it? If they do, is the startup time for a person with their browser under 500 ms?

    Until the answer to both those questions is yes for 95% or more of typical web users, client-side Java is of no use to me in the places where I'd use GWT.

  61. Compiler or Generator as a matter of perspective by dfoulger · · Score: 1

    The preferred term is a matter of perspective. In the end, programs written in JavaScript are interpreted, much as programs that have been compiled to p-code are interpreted by the p-code machine. In the interests of making this as clear as possible, consider the following statement of the relevant process:

    • If I write a program in Java
    • and use a Java compiler/JavaScript "generator"
    • to generate p-code/JavaScript,
    • it remains that the p-code/JavaScript generated
    • will be interpreted by a Java /JavaScript interpreter
    • in the browser.

    This patent claims to have done something new, but it seems clear it claims nothing even marginally innovative. All they are doing is translating code to an intermediate form that resides on a server and is then interpreted in a client browser. Substitute any language you prefer for Java. Substitute any language you like for JavaScript. Substitute any intermediate form you like for p-code. The result is the same. There is absolutely nothing in this patent that is not derivative of prior art. They are attempting to patent a design pattern for a restricted set of languages, but that design pattern has been used many times before and in many different computer languages, including all of the languages they make specific claims for.

    --
    Davis http://davis.foulger.net
  62. Looks like a none starter to me... by bovinewasteproduct · · Score: 1

    How do you know? The summary states that

    It is NOT the summary that matters, but the claims. Claim 10 reads consisting of Ada, C, C++, C#, COBOL, ColdFusion, Common Lisp, Delphi, Fortran, Java, Object Pascal, SmallTalk, Visual Basic, and Visual Basic.NET, as do claims 11, 12, 16, 17 and 18. None of the claims read "langauges include".

    They admit that someone has produced a S2 to javascript complier, but then try to weasel out saying
    In any event, this approach has various limitations, namely, it is only a "proof of concept" and has not been developed to a stage that could be considered useful, and it only compiles from S2 to core JavaScript. The key feature that would make this useful, i.e., client-side JavaScript, is not present. The developer stated: "This would need some additional . . . hooks into the javascript event model before starting to be useful." A compiler that outputs to core JavaScript, though valuable as an academic exercise, lacks commercial usefulness as the code must then run in an isolated system. The ability to output to client-side (or server-side) JavaScript, which allows it to interact with input and output mechanisms, is the key to making it a commercially viable product.; This is quoated from the application.

    To me it looks like a slam dunk denial of application. Just because something is not "commercially viable" does not preclude the prior art. The S2 author plainly stated that it would require more work to be useful, i.e. hooks into the javascript event model.

    Another booboo, All current server-side technologies are based on scripting languages. Does this mean that my cc processing application written in C++ does not exist?

    BWP

    1. Re:Looks like a none starter to me... by bovinewasteproduct · · Score: 1

      Follow up to my prior post...

      There was a perl PIL compiler that was commited in July of 2005.
      From the README.

      PIL2JS - PIL to JavaScript compiler

      =head1 DESCRIPTION

      C is a Perl 5 program which takes PIL as input (as given by C) and outputs JavaScript.

      Looks like the same thing to me. Again, not listed in prior art.

      BWP

  63. SOFTWARE PATENTS ARE BAD BUT THE PO IS WORSE by ACORN_USER · · Score: 1

    Ok, we have to live with software patents for the time being, but the enforcement authority is just out of line. We need lobbyists to put up the pressure on the patent office to ensure that generic classes of problems are not so easily patented.

    This type of forward patenting is not of benefit to anyone, least of all Morfic, since such a train will simply reduce developer comfort when selecting technologies such as AJAX. As a developer, I'll say 'sod it' and go ahead with using something like GWT, however the odds are my employer will taboo it. This is not the way forward and it really gets my metaphorical-knickers in a twist.

    I read that Microsoft held a patent on mashalling objects into XML. I usually ignore this and will go head with using an off the shelf XML writer, however I shouldn't have to feel that using such a general purpose solution will be infringing a copyright. It's not on!

    It feels as though our patent office hosts a bunch of morons who will white stamp anything coming in before them. When this can have such an impact on the whole field of software development, it's simply WRONG.

    Perhaps we should have a committee of forward thinkers who sit back and GPL every conceivable idea before Greedy Joe has had a chance to claim it as his own. It sickens me.

    I'm now going to file a patent against generation of Javascript Basic from all high level languages which are currently mentioned in every other patent.