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Barracuda Networks Countersues Trend Micro
,----[ Quote ]
| There's some news on the Trend Micro v.Barracuda Networks case. That is the
| one where Trend Micro sued Barracuda over ClamAV and brought a complaint to
| the International Trade Commission. Barracuda has just filed a countersuit in
| California, alleging patent infringement by Trend Micro. They say it's a
| defensive use of three patents they bought from IBM. Barracuda asks for money
| damages and an injunction on further sales of infringing Trend Micro
| products.
`----
http://www.groklaw.net/article.php?story=20080702120816358
Software patents. Just shows how stupid the system actually is. People file
legal papers, swap papers (patents), have lawyers running around and
eventually for all nothing. What a productivity sink. Here is a praise to
an 'open-source' approach:
Encouraging results from Peer-to-Patent
,----[ Quote ]
| Congratulations to the organizers of Peer-to-Patent, which is carrying off
| one of the most audacious experiments in Internet activism in our day. A lot
| of ink has been spilled about Barack Obama's application of social networking
| techniques to presidential campaigning (and to Ron Paul's successful
| fund-raising before that) but Peer-to-Patent makes those achievements seem
| entirely run-of-the-mill.
|
| The premise behind Peer-to-Patent, which many observers called impractical,
| was that thousands of experts in technical fields would flock to the site to
| read patent applications (if you've ever read one, you'd hike the stakes
| against success several notches right there) and would find prior art that
| would lead to rejection or restrictions on patent claims.
`----
http://radar.oreilly.com/archives/2008/07/encouraging-results-from-peert.html
Recent:
Deposition challenges Trend Micro patent on virus scans
,----[ Quote ]
| Goran Fransson, a Swedish developer and entrepreneur, has given a deposition
| in the Barracuda-Trend Micro case that appears to seriously undermine Trend
| Micro's patent on gateway virus scanning.
|
| As Linux.com reported in January, Trend Micro is suing Barracuda Networks
| before the American International Trade Commission (ITC). Trend Micro's claim
| is that, by distributing Clam Antivirus (ClamAV), the free software security
| application, Barracuda is violating Trend Micro's patent 5623600, which was
| filed on 26 September, 1995, and has since been used against such companies
| as Symantec and McAfee. The case is being heard by the ITC apparently because
| of Trend Micro's claim that, because ClamAV is developed by programmers
| around the world, it is imported software in the United States.
`----
http://www.linux.com/feature/139458
Trend Micro: Barracuda Suit Not About Open Source
,----[ Quote ]
| Trend Micro may have received more than it bargained for in its software
| patent dispute with rival Barracuda Networks. In the past few months
| Barracuda's cause has been taken up by free software advocates, who see Trend
| Micro's patent claims as a threat to the open-source ClamAV antivirus
| project.
|
| [...]
|
| Chen: In the patent, we are not claiming that we invented the antivirus
| scanner. We are not claiming that we invented the proxy server. But the
| concept of using these two together so that you can stop the virus during the
| transition is new. Like I said, I'm not a patent specialist, but at that time
| it was awarded as a patent. And then later on even IBM themselves exchanged
| their patent with us, and so there was some recognition of that as a valid
| patent. And then later on it was litigated.
|
| Software patents are always very controversial. It's not about open source;
| it's about how you define the patent.
`----
http://www.pcworld.com/businesscenter/article/147085/trend_micro_barracuda_suit_not_about_open_source.html
Trend Micro Says Their Patent Suit Isn't About Open Source
,----[ Quote ]
| Eva Chen, CEO of Trend Micro, currently suing Barracuda over Trend's patent
| on an anti-virus scanning gateway, was interviewed in PC World. She
| says "It's not about Open Source", but she manages to sound rather short of a
| clue in this interview, and makes a poor case for this sort of patent being
| issued at all.
`----
http://technocrat.net/d/2008/6/13/43461
Barracuda CEO Dean Drako explains why his company is publically fighting Trend
Micro patent suit (video)
,----[ Quote ]
| It's unusual for companies engaged in patent litigation to comment on how the
| fight is going. But Barracuda Networks CEO Dean Drako has openly sought FOSS
| community support for his company's defense again a Trend Micro lawsuit that,
| while filed against his company, is really about ClamAV. We've written about
| this before, as have others. In this video, however, we'll let Dean tell you
| in his own words what's going on -- and why.
`----
http://www.linux.com/feature/135389?&depth=5&order=1&sortby=3&render=flat
Related:
Trend Micro patent claim provokes FOSS community, leads to boycott
,----[ Quote ]
| Eben Moglen of the Software Freedom Law Center is aware of the case, and is
| considering a patent re-examination request or another intervention in the
| case.
|
| Contacted by Linux.com, Barracuda's Drako acknowledged the array of reactions
| by saying, "We at Barracuda want to extend our thanks to the tremendous
| number of individuals who expressed support for our defending the use of
| ClamAV free and open source software, as well as to the community members
| that have submitted prior art."
|
| If Trend Micro hasn't already, it is about to find out that the case is about
| free software after all.
`----
http://www.linux.com/feature/126851
Call for action: Boycott Trend Micro
,----[ Quote ]
| Anti virus developer Trend Micro accused Barracuda Networks of patent
| infringement but what they really did was attacking the users of ClamAV free
| anti virus software with a bogus patent.
`----
http://wiki.vrijschrift.org/Call_for_action%3A_Boycott_Trend_Micro
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