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Cisco Applies For Patents To Secured TCP

An anonymous reader writes "Following the recent excitement over a potential vulnerability in TCP, Cisco's "Worldwide Patent Counsel", Robert Barr, has let it be known that they have pending patent applications for one or more of the IETF recommendations for improving TCP's security. KernelTrap has the full details."

33 of 290 comments (clear)

  1. Oh goody. by SatanicPuppy · · Score: 4, Insightful

    Do you think they'll patent the backdoor they're planning on putting in it? I'd hate to have to reverse engineer that.

    I used to be very pro-cisco, but with the recent "Self protecting networks" ads that are misleading at best, and the backdoor snafu, I don't see how I could reccomend to anyone that they're worth the cost.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    1. Re:Oh goody. by ncurses · · Score: 5, Insightful

      I can't stand those ads either. It is not possible to defend against humans from the inside. That's liek trying to build a car that is intentionally-driving-over-a-cliff proof.

      --
      Help! I'm being repressed!
  2. Before anyone spouts off at the mouth by tacobot · · Score: 1, Insightful

    Let's keep in mind that patents are in place to protect the innovators and keep them innovating. Yes, it sucks that maybe other vendors can't use this for a while, but that's the price of progress.

    1. Re:Before anyone spouts off at the mouth by BiggerIsBetter · · Score: 5, Insightful

      Bollocks. They are there to protect investors not innovators. They are there to maintain a monopoly for a limited time, and come from an age that moved far slower than ours does. They are regularly abused, and they hamper progress more often than they promote it. Go ask anyone with a technical or science perspective rather than a business perspective.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    2. Re:Before anyone spouts off at the mouth by iminplaya · · Score: 2, Insightful

      Because we all know that we would all be pulling ox carts screaming "Bring out your dead!" if we didn't have patents...right??? Sorry, man - It's because of patents that we are still traveling around in sub-sonic jalopies, running on KEROSENE no less.

      --
      What?
    3. Re:Before anyone spouts off at the mouth by Breakfast+Cereal · · Score: 2, Insightful

      Wait, so are you actually saying that if it weren't for patents and they way they are awarded and enforced in the U.S., nobody would have an incentive to invent a fix for this TCP vulnerability?

    4. Re:Before anyone spouts off at the mouth by Brandybuck · · Score: 2, Insightful

      That's their purpose. I don't disagree with that. But Cisco isn't innovating here. Traditionally you could only get a patent on something that was not obvious to a practitioner in the field.

      It seems to me that once this vulnerability was discovered, the fix was obvious. There was no innovation in this case.

      --
      Don't blame me, I didn't vote for either of them!
  3. i'm starting to agree by HBI · · Score: 4, Insightful

    The US business model sucks.

    Patenting a security feature in TCP? Cisco sucks. I won't use another one of their products again if I can possibly help it.

    Unfortunately that's probably not going to happen. In fact, I have this CSS 11150 box that i'm going to have to configure. sigh.

    When the choice is principles and employment, employment wins. I have child support to pay.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re:i'm starting to agree by Jahf · · Score: 2, Insightful

      Oh yeah, the U.S. is the world's only capitalist market where employees have children and little choice in jobs due to a supressed economy?

      I don't disagree with the problems IP laws in the U.S. as mentioned by the parent of your post, but your post is implying something different.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
  4. Some IETF and patent background... by bingbong · · Score: 5, Insightful
    It was never the object of patent laws to grant a monopoly for every trifling device, every shadow of a shade of an idea, which would naturally and spontaneously occur to any skilled mechanic or operator in the ordinary progress of manufactures. Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention. It creates a class of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies, which enable them to lay a heavy tax on the industry of the country, without contributing anything to the real advancement of the arts. It embarrasses the honest pursuit of business with fears and apprehensions of unknown liability lawsuits and vexatious accounting for profits made in good faith. -- U.S. Supreme Court, Atlantic Works vs. Brady, 1882

    Historically, the IETF has been neutral about using patents in the Standards process, and its position is summed up best in the charter of the IPR Working Group (http://www.ietf.org/html.charters/ipr-charter.htm l):

    The IETF and the Internet have greatly benefited from the free exchange of ideas and technology. For many years the IETF normal behavior was to standardize only unencumbered technology.
    While the 'Tao' of the IETF is still strongly oriented toward unencumbered technology, we can and do make use of technology that has various encumbrances. One of the goals of RFC2026 'The Internet Standards Process -- Revision 3' was to make it easier for the IETF to make use of encumbered technology when it made sense to do so.

    Last year, there was an attempt to make the IETF change their policy, but it failed miserably (http://news.com.com/2100-1013-996351.html?tag=fd_ top).

    So you can have more secure communications, but only if you pay Cisco.

    Bastards.

    --
    "Omnis tuus capsa sunt inesse nos"
    1. Re:Some IETF and patent background... by arivanov · · Score: 2, Insightful

      Are you sure that the OpenBSD fix is not covered by the Cisco patents as filed? I would not be so sure until the patent is granted and we can compare it because it is quite likely that has been watered down and vagued to the maximum possible extent so that it covers other future fixes.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
  5. This could set a REALLY bad precedent... by kcbrown · · Score: 5, Insightful
    ...if it gets past the patent office (who here doubts that it will? I don't).

    The reason is that this is basically a patch to a protocol. The TCP protocol itself was a novel invention. But most patches to protocols, or to code to fix a particular problem, are fairly obvious to someone skilled in the requisite arts. Generally, the nature of the bug is what determines the solution, and often the solution is obvious to someone who is familiar with the protocol (or code) and the problem in question.

    If this gets through then you can expect a lot of patents to be filed on patches to many things, including open source projects. And that means that unless the code is protected by something like the GPL (which requires a patent license grant as a condition of redistribution), the projects (and those who maintain and use them) will be vulnerable to patent infringement suits.

    This is going to get nasty. But I think most of us who have been keeping track of this nonsense already know that.

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    1. Re:This could set a REALLY bad precedent... by mellon · · Score: 4, Insightful

      Er, people are _already_ filing patents on patches. In fact, that's the backbone of the patent system - most patents filed are on small tweaks to existing mechanisms.

  6. So don't adopt these as a standard by Anonymous Coward · · Score: 4, Insightful

    Official standards should not include anything that is proprietary, as that gives someone a monopoly and shuts out open source solutions. Standards should be designed so that everyone can use them without having to pay royalties.

    1. Re:So don't adopt these as a standard by AndroidCat · · Score: 2, Insightful
      If technology in this document is included in a standard adopted by IETF and any claims of any Cisco patents are necessary for practicing the standard, any party will be able to obtain a license from Cisco to use any such patent claims under reasonable, non-discriminatory terms, with reciprocity, to implement and fully comply with the standard.
      I guess we'd have to trust them as to the meaning of reasonable or reciprocity eh? (Does reasonable mean "just don't fsck with us and we won't fsck with you" or is it "Give me the map and you might walk out of here on human limbs"?)
      --
      One line blog. I hear that they're called Twitters now.
  7. Limited use if proprietary by sacremon · · Score: 5, Insightful

    Unless Cisco licenses the technology and other companies bite, I don't see this getting very far on the Internet. Too much of the backbone is comprised of equipment from multiple vendors. I work for a large Tier 1 ISP. Most of the edge routers are Cisco, but the core routers are Juniper. Things get even messier in a Co-location data center, where customers can be using who knows what brand of equipment to connect to the data center's network.

    --
    If you can't beat them, embrace and extend them.
  8. Ci...SCO ? by horatio · · Score: 4, Insightful

    Bastards, patenting a public working group's suggestion for fixing the broken widget. Anyone else wonder if there is a conspiracy here? If this works for the network appliance giant, SCO might just have a case if they patent a few of the publically submitted kernel patches.

    --
    There is very little future in being right when your boss is wrong.
  9. Re:It's all about the phbs by Dimensio · · Score: 5, Insightful

    Show me an ad that says, "Hey this works okay most of the time," or "this router can detect and contain unusual network activity, so viri spread slower" and that's a product that I can trust. Promising pie in the sky only works for idiots.

    It's been my experience that the idiots are the ones making the purchasing decisions, hence the nature of the advertising.

  10. Re:It's all about the phbs by nuonguy · · Score: 4, Insightful

    The point is that it works! Not because people are idiots, but because they're muggles. They don't get it. To them, the act of sending email might as well be magic for all the understanding they might have, so promising them something that's technically infeasible is worthwhile and profitable. If it's presented well, if it uses cultural memes that are accepted and understood by the target audience, if it tells them something they want to hear, it'll work.

  11. Re:That's simply not true by BigBadBri · · Score: 2, Insightful
    "None of these innovations were perpetrated by a monopoly..."

    Yes they were - the NRDC (later to become BTG) had a monopoly on the exploitation of publically funded research from its inception.

    Patenting things (hovercraft, interferon, CVT, etc.) is entirely different from patenting processes/software - the first can be justified, the second is a can of worms best left unopened.

    I think you're trolling, anyway.

    --
    oh brave new world, that has such people in it!
  12. Nothing to see here by Luscious868 · · Score: 4, Insightful

    There's really nothing to be upset about. From the article:

    In response, OpenBSD creator Theo de Raadt said, "The Cisco/IETF recommendations contain numerous problems and issues. They should not be followed. We have better fixes in OpenBSD. Other vendors should be looking at these." For example, as mentioned in our earlier article about TCP reset attacks, with the IETF's/Cisco's recommendations in place it would be possible for an attacker to use one host to potentially flood another.

    Basically, the implementation that Cisco is trying to patent is also flawed. OpenBSD's implementation contains better fixes. Who cares if Cisco tries to patent a flawed fix that no one will end up using? Let them waste their money. Let's face it, this move is upsetting on principal but there's really nothing to see here ... move along.

  13. Re:I don't understand by Flower · · Score: 4, Insightful
    Patents were put in place for the good of society. I have just as much right to have an opinion on them as any CEO or lawyer.

    After talking to the likes of Radia Perlman (who is extremely cool fwiw) I have extreme reservations that business model aka software patents do any good for society at all. I wonder where the state of networking would be now if spanning-tree had been patented and we had to wait 17 years before anybody was willing to implement it. I wonder where we could be if a mind like Ms. Perlman's could work on certain areas which really interest her (PKI for one iirc) except it isn't worth walking through a minefield of worthless patents. If HTTP had been patented do we you think we'd be using it or would we be using Gopher? Huh. Cisco has patents related to VRRP so the OpenBSD team develops an alternative and improves on the concept by adding in cryptography and increasing reliability.

    And just remember this. For all the success stories you talk about - if it harms society, if it inhibits the arts and sciences - what the government gives it can taketh away. The Wright brothers didn't get to keep their patents.

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  14. Re:Did ANYONE RTFA??? by ergo98 · · Score: 2, Insightful

    That sounds like to me that Cisco will not be charging a whole lot for this license, it will probably be one of those $1 license deals where once you have it, you have it in perpetuity.

    And what, exactly, do you base the "probably" on? I see it as distinctly more probable that Cisco, being a dominant player, will implement what would otherwise be a discarded solution, and smaller vendors will be basically forced to follow suit. They will, of course, have to line up to pay the Cisco tax, and that internet tax will fall on the shoulders of every person using the services or products, directly or indirectly, of any of those firms.

    Of course we're both just pissing in the wind because ultimately we have no idea, however Cisco has provided a bad precedent by going for this patent (and the "defensive patent" angle doesn't really fit here).

  15. Re:It's all about the phbs by Triumph+The+Insult+C · · Score: 5, Insightful

    Show me an ad that says, "Hey this works okay most of the time," or "this router can detect and contain unusual network activity, so viri spread slower" and that's a product that I can trust.

    That's not a product I would trust. Routers should do one thing, and that's routing. Firewalls should be the devices that implement policies, not routers.

    It's the same premise as buggy, hole-ridden software. A good 30% of 'features' in software don't need to be there, but they are, and they introduce problems. Take Norton Systemworks (2002) ... while it's scanning the disk, you can have it animate the logo and/or play some music. Why does that need to be there? It doesn't ...

    The same goes for Cisco ... the hardware isn't spectacular, but they make up for it in software. They add feature upon feature upon feature, which leads to the code getting overly complex, which leads to bugs. You then get vulnerabilities like the one for LEAP, or now this TCP reset business, when they (the bugs) likely wouldn't exist if the routers just did routing and the engineers focused on that.

    --
    vodka, straight up, thank you!
  16. Re:Did ANYONE RTFA??? by retro128 · · Score: 4, Insightful

    You do, of course, realize that if everyone who had an RFC that they charged a license fee for, the Internet would not exist at all?

    The Internet was built off of the same philosophy as OSS. It's a bunch of people putting their heads together and throwing their ideas in the ring to make things better for all involved. What if all of these people clutched their ideas to their chest and said "This is MY piece and you have to pay me to use it"?

    It doesn't matter whether or not Cisco would charge a small license fee for this new implementation. They are running against the philosophy that built the Internet in the first place. Standards must be open and free for the widest possible adaptation or you are looking at vendor lock-in ala Microsoft. In other words, to hell with Cisco.

    I did RTFA and it looks like this is a proposed draft - It has not been ratified. Cisco is saying that if it is they've got the patents. What they're going to do with it I'd rather not find out. I'm willing to bet that most vendors won't follow the new recommendation to escape potential fees/lawsuits and instead go with another implemenation...Possibly their own. And that can't be a good thing.

    --
    -R
  17. Re:It's all about the phbs by Frobnicator · · Score: 5, Insightful
    It's been my experience that the idiots are the ones making the purchasing decisions, hence the nature of the advertising.
    It's not just the idiots. If you didn't know anything else about the product, which would you buy?
    • Product A -- Claims to be 73% good.
    • Product B -- Claims to be 96% good.
    • Product C -- Claims to be 99.999% good.
    • Product D -- Claims to be 100% good.
    Being skeptical, you would probably pick product A has having truthful ads. Product B, you might think, has really good real-world performance. Product C is just marketing hype, and product D is impossible in the real world.

    But if you see a big brand name (Microsoft, Cisco, Intel, etc.) on product C, you might say "Well, it isn't 100%, and they are a good company. Maybe it's the truth. Of course, claiming to be Product C happens, and that's where the trap is.

    It might be that you are looking at Microsoft statement claiming "5 nines" of 99.999% uptime (that's down for 5 minutes each year). Or Sun claiming the same 99.999%. Or Cingular Wireless claiming 99.999% reliable networks, excluding several days of downtime that they must not factor into their percentage. Maybe it's that 99.999% pure copper speaker cable you were looking for. (For the chemists, here's a site where you can buy over a dozen other '99.999% pure metal' wires.) Lots of people get caught into that.

    In some cases it really is justified. If I were a chemist, maybe having iridium wire that is only 99.9% pure might cause problems, and those extra 9's might be significant. But that usually isn't the case for most marketing.

    But I don't think it's just a PHB issue, it's a problem of 'I really want the best, and I only want to spend 5 minutes to find out which one that is'.

    frob

    --
    //TODO: Think of witty sig statement
  18. Re:Did ANYONE RTFA??? by hackerjoe · · Score: 3, Insightful
    Cisco retains the right to assert its patents against any product or portion thereof that is not necessary for compliance with RFC XXXX
    Nice. This means that nobody can implement this in GPL'd software (wherever software patents apply), because the GPL requires that anybody be able to modify and redistribute the software without encumbrance, regardless of what they're doing with it. So, not in Linux.
  19. Re:Did ANYONE RTFA??? by swillden · · Score: 2, Insightful

    Pretty fair mutual-assistance type thing.

    Almost. You forgot the bit that says:

    * If the someone uses the Cisco patent in a product that does not comply with the IETF standard, Cisco may make them pay royalties.

    As mentioned by some other posters, this proviso makes it impossible to use the patented technology in GPL'd code.

    Actually, the "you can't sue Cisco for infringement of your patent if you're using our patent" probably also makes this "license" GPL-incompatible, even though it does seem like a fair trade.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  20. I have a solution. Seriously. by TheHonestTruth · · Score: 5, Insightful
    The US needs to ditch its one year grace period. As it stands, any prior art found within a year before a patent application's filing date can be swore behind. Basically it's a way an inventor can say "I invented my invention up to a year before I filed the application." The problem is that a lot of developments, especially in software, happen within a short time frame. So if Cisco files an application on 12/31/2004, they basically can claim that any disclosures, such as newsgroup discussions, open source versions, etc that happened between 12/31/2003 and their filing date do not bar their application.

    Europe on the other hand (well, the PCT) has no grace period. Once the invention is disclosed, your rights are out the window. Adopting a policy like this would make it much harder for companies to troll newsgroups/web/discussion boards, get ideas, and file an application based on an implementation. It's not a total solution, but it would be a good start.

    As someone that was trying to invalidate an obvious patent filed on date X for a client, let me tell you that finding stuff on the web published over 1 year beforehand was a bitch. Plenty of stuff in the 6 month range, but the web wasn't full blown back in mid 90's like it is now...

    -truth

    --

    I had a steady B+ in my AI class until I failed the Turing test...

  21. Re:It's all about the phbs by StandardDeviant · · Score: 3, Insightful

    IAAC. Most reagents are indeed rated rather precisely with respect to their purity. For example, "spectroscopic" grade toluene is different than "hplc" grade toluene, and they're both different from "reagant" grade toluene. (These are so-called "customary" names for different purity grades. It can be a little confusing even to practitioners, so typically something will be labeled like "Reagent Grade (95%) Foo.")

    Those extra 9s frequently are important. For a plain synthesis reaction, 95% may be ok (you may just want to make some of product X to prove that it can be made, so if you have some miniscule fraction of an isomer of X due to that 5% similarly-reactive reagent impurity, it's not such a big deal). But if you're doing a really precise analysis (say ppt range), you don't want any peaks from chemically similar impurities crowding into the spectral range you're looking at.

    But yeah, outside of the actual practice of science, most anything above 99% is speculative horseshit dreamed up by a marketer. _Proving_ that something is that pure is an expensive and time-consuming prospect.

  22. Re:if tcp is copyrighted by BiggerIsBetter · · Score: 4, Insightful

    Right - the implementation of ideas. Except it's not, because the USPTO allows processes - ideas themselves - to be patented.

    If it was as simple as implementation (binary or even source code), "we" could write a new implementation that was compatible with their one (did the same thing in a different way), and multi-vendor secure TCP comms could happen. Unfortunately it's not that simple because they've likely patented the processes, although we'd have to wait for the patents to be available to see, I think.

    This is actually rather risky for Cisco, because they may cut themselves off from everyone else. If OpenBSD indeed has a better and free solution, organisations should be using them. The result then is no secure communications if your non-Cisco equipment talks to Cisco equipment (unless Cisco implements the OpenBSD stuff too...).

    Presumably the USPTO is smart enough to shoot down a process patent that's based on published recommendations by a third party, but maybe there's something clever in Cisco's particular implementation that's worthy. Either way, I suspect Cisco has just killed an otherwise reasonable way of doing secure TCP on the public Internet.

    And props to people like the OpenBSD guys for being there and continuing to grind out alternative and often better solutions.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  23. Re:It's all about the phbs by wagemonkey · · Score: 2, Insightful
    On my drive home from work I pass a farm selling "96% fat free milk". The first time I saw it I cracked up, now it depresses me.
    I think it should be against the trade descriptions act (UK), but it'd probably be ok.

    For those who don't realise normal full fat milk is 4% fat - hence 96% non-fat. Skimmed is c.1% fat, semi-skimmed is 1%-2%, iirc.
    I think 96% fat-free should have 4% of the fat of 'normal' full fat, not be full fat milk.

    Deceptive advertising at it's most obnoxious?

  24. Re:if tcp is copyrighted by tiger99 · · Score: 2, Insightful
    The sideways swinging definitely has prior art. It should not have been allowed.

    Of course in many parts of the UK we don't have swings now, because they are considered to be dangerous, by the fascists at the Health and Safety Executive, or maybe because the owner simply has not the time to do a risk assessment, as required by law.

    It gets realy stupid sometimes.....