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Date:      Wed, 07 Oct 1998 14:21:01 -0700
From:      Mike Smith <mike@smith.net.au>
To:        Brett Glass <brett@lariat.org>
Cc:        Mike Smith <mike@smith.net.au>, Chuck Robey <chuckr@mat.net>, FreeBSD-chat@FreeBSD.ORG
Subject:   Re: Microsoft has a patent on [] (fwd) 
Message-ID:  <199810072121.OAA02625@dingo.cdrom.com>
In-Reply-To: Your message of "Wed, 07 Oct 1998 15:02:49 MDT." <4.1.19981007150153.0403d560@mail.lariat.org> 

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> At 01:59 PM 10/7/98 -0700, Mike Smith wrote:
>  
> >> > Interpreters are specifically excluded (they don't produce object 
> >> > code).  It's arguable whether a JIT bytecoder intrudes on enough of 
> >> > this to be covered.
> >
> >"bytecode" is a generic term for just that, as is P-code, etc.  Most 
> >popular interpreters these days (Perl, Tcl, Java, etc.) are either JIT-
> >or pre-bytecoders.  As I said, it's arguable as to whether this is 
> >covered or not.
> 
> Microsoft's only product that does this is VB, which is what the patent
> was intended to cover.

That much is clear.  Was I giving them too much credit in assuming that 
VB actually produces machine instructions?  The short-form implies that 
machine-executed instructions are generated, while the longer statement 
of claim is very careful to avoid any such mention. 

Incidentally, the patent claims (#6 and #7 in particular) cover both
early and late binding.

Still.  Software patents suck, period.  I'm happy to agree there. 8)

-- 
\\  Sometimes you're ahead,       \\  Mike Smith
\\  sometimes you're behind.      \\  mike@smith.net.au
\\  The race is long, and in the  \\  msmith@freebsd.org
\\  end it's only with yourself.  \\  msmith@cdrom.com



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