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Barracuda countersues Trend Micro

Barracuda Networks has announced the filing of a software patent countersuit against Trend Micro, using three freshly-acquired patents. "'The reality is that Trend Micro is asking Barracuda Networks to pay for the use of the free and open source ClamAV software,' said Dean Drako, president and CEO of Barracuda Networks. 'We have asserted all along that Trend Micro's actions are unjust and could have serious implications against the open source community and other free and open source projects.'"

See also: this LinuxWorld article on the countersuit.


to post comments

Barracuda countersues Trend Micro

Posted Jul 2, 2008 23:04 UTC (Wed) by kirkengaard (guest, #15022) [Link] (6 responses)

The weapons of this war are ugly, but they are ugly weapons for an ugly reality.  'cuda asks
that we not look for prior art for these patents because they're not being asserted against
Free Software users.  The article calls them good patents just as it calls them broad patents.

I have to admit that it is remarkably Quixotic to shoot at your defenders, at least while
they're nominally acting in your best interest.  More energy-efficient attempting to overturn
the '600 patent first, let Barracuda win, and then disarm it when convenient.

Pragmatically, it isn't guns that are bad, it's guns pointed at me and mine that are bad.

Barracuda countersues Trend Micro

Posted Jul 3, 2008 7:36 UTC (Thu) by rvfh (guest, #31018) [Link] (5 responses)

> Pragmatically, it isn't guns that are bad, it's guns pointed at me and mine that are bad.

Really? So if they're pointed at me or mine it's fine then? And once me and mine are dead,
where will the guns point to then?

To go on with your 'guns' example, just have a look at what happened every time countries have
given weapons to the 'good' side. Does the word 'Talibans' ring a bell for example?

Let's be careful here, and use the law and justice, not ugly ways, to get to our ends.

Barracuda countersues Trend Micro

Posted Jul 3, 2008 14:07 UTC (Thu) by drag (guest, #31333) [Link] (3 responses)

> To go on with your 'guns' example, just have a look at what happened every time countries
have given weapons to the 'good' side. Does the word 'Talibans' ring a bell for example?


Well I know what happens when countries take them away from their people.. Nazi holocaust and
Khmer Rouge killing fields come to mind.

The Taliban are kittens compared to the folks that caused millions that died at the hands of
the Nazis and the hundreds of millions that died as a result of old-line communist social
policies. Those governments were all very careful about removing the ability for their victims
to defend themselves long before they became victims. 

Barracuda countersues Trend Micro

Posted Jul 3, 2008 14:38 UTC (Thu) by tzafrir (subscriber, #11501) [Link] (1 responses)

And this is relevant to the topic (the trend-micro/baracuda patent case) in what way?

Please don't get lost with the analogies.

cold dead hands

Posted Jul 3, 2008 17:16 UTC (Thu) by dmarti (subscriber, #11625) [Link]

How about an individual right to keep and bear patents?

Barracuda countersues Trend Micro

Posted Jul 3, 2008 18:00 UTC (Thu) by nix (subscriber, #2304) [Link]

Oh, a gun control thread, that's just what we need, thanks a bunch.

(Your comments are historically inaccurate, as well, certainly with regard 
to the Holocaust, but let's not go into that.)

Barracuda countersues Trend Micro

Posted Jul 3, 2008 17:40 UTC (Thu) by kirkengaard (guest, #15022) [Link]

If you use sarcasm on the internet, does it make a sound?  I know, you can't see it unless I
put the faux tags around it.  At least you grabbed half of the analogy, even if you didn't
take the reductio ad absurdum with it.  Keep pulling, and don't assume stupidity.

The fact of the matter is that patent commons and like agreements function to protect the
larger "us and ours".  What Barracuda is doing, likewise -- for the moment.  Did I say that
guns pointed at you were good?  No.  But I think my statement was as short-sighted in that
respect as the idea of not pursuing broad patents because of who holds them.  Barracuda can
have their guns, bought and paid for, and as long as we benefit, fine.  But your call for "law
and justice" ignores the fact that the trolls have law on their side, and call shutting down
our projects justice.  For that matter, as you bring it up, the Talibuni have law on their
side -- their law.  You will need a better operational definition of "justice".  (Also, I
think that may be the new "ad hitlerium" defense you're using.)  I will not argue foreign
policy, nor the mistakes of reactionary implementations of Shari`a, here.  See, however, the
point that a) the instruments of justice may be ugly when the laws are ugly, and b) that makes
them no less ugly, nor less potentially harmful.  There are no true "instruments of justice",
only instruments.

While we're on the political analogies, look up MADD and nuclear disarmament.  No easy way
out.


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