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McAfee Granted Far-Reaching Spam-Control Patent

Titusdot Groan writes "Infoworld is reporting that Network Associates, makers of McAfee, have been granted a broad anti-spam patent. The patent covers "compound filters, paragraph hashing, and Bayes rules" and was filed in December of 2002. The patent appears to affect Spam Assassin, Spam Bayes and many other anti-spam products and services. As an aside Paul Graham's "A Plan for Spam" was published August 2002."

22 of 449 comments (clear)

  1. Prior usage? by Advocadus+Diaboli · · Score: 5, Insightful
    As an aside Paul Graham's "A Plan for Spam" was published August 2002."

    IANAL, but isn't that a proof of "prior usage" and makes the patent invalid?

    Another question: Can somebody explain me why the "logo" for this article on Slashdot is "fork, knife and spoon" (in German we call it "Besteck" but I know that the english language has no equivalent for it)? Just curious about that... :-)

    1. Re:Prior usage? by Iamnoone · · Score: 5, Informative

      why the "logo" for this article on Slashdot is "fork, knife and spoon"

      Because they are well known, common items and they have the word patented stamped on them - trying to point out the problem with patents for things that are "obvious to those versed in the art".

  2. Going backward by KoriaDesevis · · Score: 5, Insightful

    All this patent will accomplish is it will give McAfee legal right to knock everyone else's products in the dirt, while they try to push their own. If their antispam product is anything like their antivirus, their product will suck. Net result - everyone will lose, except the spammers who will keep doing their thing while McAfee screws everone else out of making effective solutions.

    The US patent office is becoming as bad as the US legal system that allows you to sue anyone at any time for any reason. *shakes head in disgust*

  3. Re:A good example for EU by mbyte · · Score: 5, Insightful

    Do you really think the represantives would listen to reason ? Here in germany i highly doubt that, our minister did the opposite she said ... very clear case of lobbying.
    As a small company we don't have the money to lobby them .. so if they'll really pass that law in EU, we vote with our money ... move the core business out of EU ...

  4. Re:Invalid stupid patent. by spikestabber · · Score: 5, Insightful

    American patents are just a big cash grab for the govt since all the USPTO does is grant and grant, and get paid big bucks for granting such garbage. Of course corporations take advantage in this hoping they can gain control of prior art for their own gain anyways. Patent reform anyone? They keep talking about it, but they been talking about it for a long time now. Seems its just a bunch of hotair. The big software companies would probably just hate it.

  5. I worked at McAfee... by Anonymous Coward · · Score: 5, Interesting
    ...and the management were not well-regarded by the techies. (This was when they were still Network Associates.) There were a number of practices which I personally had profound moral qualms about, which later lead indirectly to my leaving. So far as I know later events lead to those practices being stopped, but the general demeanour of the NAI execs can be seen in the string of Slashdot stories (over the years.)

    We were always encouraged to write ideas up as patents; lots of the people there received regular royalties or bonus payments from their personal patent portfolios, sponsored/owned by NAI. With the buy-out of SpamAssassin, I'm not terribly surprised at this news.

    One tiny peeve, though: it's pronounced "muh'k AFF-ee ".

    1. Re:I worked at McAfee... by belphegore · · Score: 5, Informative

      I worked at McAfee too back when it was Network Associates, after they bought Deersoft, which I founded. Deersoft you'll recall was the company that made and marketed commercial versions of SpamAssassin. I'd just like to point out that we, the Deersoft folks, had nothing whatever to do with this patent. It appears to have originated with the prior-to-Deersoft SpamKiller product (the windows desktop app).

      Also, the open source SpamAssassin project is likely 100% in the clear on this patent, even if it is valid (which is a separate question), since Network Associates and all of its employees who worked on the open source project have filed CLAs or CCLAs with the Apache Foundation. Section 4 of each document is worth a read. Looks like anyone who licenses a copy of the SpamAssassin code from ASF gets the right to use Network Associate's patent. Though IANAL.

  6. Prior art dates to 1764 by Anonymous Coward · · Score: 5, Interesting
    Mr Bayes published some of his early work in the 1764 edition of the Philosophical Transactions of the Royal Society.

    I believe the article is available online here, though right now it looks like this specific issue is kind of broken. It's called "An Essay towards solving a Problem in the Doctrine of Chances" anyway.

    The Internet Archive of Early Journals is a great resource for 18th century journals and magazines. The Philosophical Transactions in particular are very interesting to history-of-science-minded science geeks everywhere.

  7. It just came to my mind... by Advocadus+Diaboli · · Score: 5, Funny

    ...that if McAffe can get a patent for anti-spam techniques then I should be able to get one as well for spam techniques. That would enable me to sue every spammer even if spamming in some countries is not treated as illegal, but patent violation surely is. :-)

  8. Patent Link by tronicum · · Score: 5, Informative
    Here is a link to the patent at USPTO

    They are refering to Bayes a lot, beside really simple stuff like "hashing an paragraph with MD5". That is like making an patent on the progress bar (that exits too!)

    It is only for US anyway....

  9. Bad McAfee by sufehmi · · Score: 5, Informative
    OK, McAfee is officially in my "bad company" list now.

    What are they thinking exactly by patenting Bayes rules, etc ? So take the best from open-source community, and then patent them under your own name, eh ?

    I'll share some info about McAfee now:

    • For a better antivirus, use NOD32 instead (they never missed a single virus in 6 consecutive years).
    • For better anti-spam software, use POPfile instead (and it's free)
    • For anti-spyware, use Spybot instead (and it's free)
    • For firewall, use ZoneAlarm instead (and it can be free)


    Do I miss anything ?

    I think we should distance ourselves to nasty companies like this. Let's speak with our money.

  10. Re:Death by patents and spam? by cranos · · Score: 5, Insightful

    With regards to IM, whats to stop IM protocols being abused the same way as email? We already have bots galore on the major chatroom services including Yahoo, MSN and IRC, so basically all we would be doing would be fragmenting across different, incompatible protocols and still dealing with the same problems.

  11. not that broad ... by pbhj · · Score: 5, Insightful

    Whilst the InfoWorld article quotes '"To me this looks like a pretty broad patent," said Rob Tosti' it doesn't look as broad as the headlines suggest.

    The key feature is in claim 1 ...

    "paragraph hashing by hashing a plurality of paragraphs and utilizing a database of hashes of paragraphs, wherein the paragraph hashing excludes at least one of a first paragraph and a last paragraph of content of the electronic mail messages wherein a plurality of hashes each has a level associated therewith, and the hashes having a higher level associated therewith are applied to the electronic mail messages prior to the hashes having a lower level associated therewith"

    That's quite a tight restriction. If you're hashing the first and last paragraphs, for example, then you're in the clear! Of course this wouldn't stop them chasing you with a law-suit it would just mean you could be acquitted if you could afford to go the distance - [sarcasm] capitalism, I'm loving it!! [/sarcasm]

    Also, I note that in the http://www.paulgraham.com/spam.html article hashing is only used in terms of words [yeah tokens really, but who's being pedantic?]. Here the restriciton of the claims is to hashing paragraphs. If you're hashing words you're OK (previous disclaimer applies!).

    That's not to say that I think they deserve a patent. Just that the knee-jerk - "this is hugely broad" - isn't really justified IMHO.

    pbhj

  12. FSF Patents? by cuban321 · · Score: 5, Interesting

    Has anyone thought the only way to combat this maybe to have the FSF start patenting things? I'm not sure of the cost, but at least it'll prevent evil corps from doing it first.

    Daniel

  13. Re:This won't stand for long by shlomo · · Score: 5, Informative
    Actually this was first proposed by Sahami et al in 1998! Graham never did his hw either

    "A bayesian approach to filtering junk e-mail"

    In AAAI-98 Workshop on Learning for Text Categorization, 1998.

    --
    sorry officer, left my sig in my other computer.
  14. Someone set up us the Patent.... by ear1grey · · Score: 5, Funny

    ...all your Bayes are belong to us.

  15. UGH, It Gets Even Worse for NAI by sabat · · Score: 5, Informative

    The following text is currently on SpamAssassin's site (see http://spamassassin.org/prehistory/) -- keep in mind that it's the basis for the patent. Emphasis below is mine.

    SpamAssassin Prehistory: filter.plx

    Before there was SpamAssassin, there was Mark Jeftovic's filter.plx. This was a 'context/keyword spam filter', which came up with the basic scheme of what we use in SpamAssassin: namely, named rules identifying spam-like 'features' of the mail, each rule has a score, and once the number of 'strikes' goes above a certain threshold, the mail is marked as spam. And written in perl, of course ;)

    I (Justin Mason) used this for several years, adding a few small snippets of code; eventually though, the code was getting a bit stale, and Mark seemed busy on other stuff, and I had a few thoughts about some improvements I could do with a total rewrite ;) -- so I decided to recode from scratch under an open-source license, and that was SpamAssassin.

    Unfortunately the original site at http://antispam.schmooze.net/filter/ is no longer up, but the Internet Archive has a snapshot of it from December 1998 here.

    Also courtesy of the Internet Archive, the change log of filter.plx is here, spanning June 1998 to August 1997.

    Finally, Mark was kind enough to dig up a source code tarball for filter.pl-1.02d.tar.gz (20k). This is the 1.02d release, February 1998.

    Whatever you do, don't actually run the code -- spam nowadays looks nothing like spam did back then, before e-mail clients grokked HTML. Plus I don't think Mark wants to get bug reports at this stage, it's been 5 years ;) This page is here instead to document the history of this project.

    --j. Jul 14 2003 jm

    --
    I, for one, welcome our new Antichrist overlord.
  16. patent is useless and possibly fraudulent by dekeji · · Score: 5, Interesting

    Even if it were to hold up, the patent is useless. Spam filtering is a trivial application of text classification: given a piece of text, you classify it as belong to the "spam" class or the "non-spam" class. People have been doing text classification for decades and there are hundreds of methods for doing it. The kinds of naive Bayesian filters used by current anti-spam software are actually some of the worst text classifiers around (they aren't called "naive" for nothing). The fact that they work so well on spam shows you how easy the text classification problem actually is in this case.

    If you want to see lots of other approaches, look on Google for "decision tree spam filtering", "svm spam filtering", "neural network spam filtering", "latent semantic indexing spam filtering", "boosting spam filtering", and "vector space spam filtering", to name just a few approaches. All of those methods are published, and NAI's patent doesn't read on them.

    As for NAI's patent, I suspect it is actually fraudulent: the widespread use of naive Bayesian classifiers for spam detection, in place of better text classification methods, was a historical accident, and the fact that they patented this rather than any kind of better method strongly suggests to me that Bryson and Ekle didn't actually "invent" this, but that they applied for the patent after observing that the method was becoming popular.

  17. This patent is not a problem. by Anonymous Coward · · Score: 5, Informative

    You just need to read the claims...

    Every one of the claims either includes the phrase

    "wherein the paragraph hashing excludes at least one of a first paragraph and a
    last paragraph of content of the electronic mail messages"


    or is dependent on a claim that includes that phrase.

    In short, as long as you don't clip off the first or last paragraph, the patent does not apply.

    A good (in the FSF sense) side effect of this patent is that the methods given _absent_ the clipping (or, for that matter, absent any of the other processing bits listed in the claims) ARE NOW PUBLIC DOMAIN AND CANNOT BE PATENTED, EVEN BY MCAFFEE! :)

    So, just don't worry about it, don't clip either the first or last paragraph, and you're fine.

    You can also dissect the patent on the grounds that it only covers spam filters that both hash paragraphs AND do bayesian filtering... not either one alone ( the so-called "three-legged stool" rule in patent law - given two patents, one patent claiming only a subset of the stuff in the other patent, then the smaller patent wins)... and in this case, IF this is the smallest patent McAffee can make, we're in good shape.

    (disclaimer, I am not a lawyer. But I do occasionally have to do patent stuff for work. And I'm also the prime author of CRM114, which is a moderately hot-shot spam filter among other things. So I'm not entirely third-party disinterested. But I'll also say that I'm not worried. :) )

  18. Sounds like another job for PUBPAT or EFF!! by the_rajah · · Score: 5, Informative

    These improper patents have to be fought by someone. See PubPat and, if you agree with what they are doing, make a contribution. The Electronic Freedom Foundation is doing some of this worthwhile work, too.

    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
  19. Disputing Patent by Nuclear+Elephant · · Score: 5, Informative

    If anyone's research was published before this patent was filed (Dec 2002), you can request an investigation by submitting a letter and a copy of your research (and of course, when it was published) to:

    US Patent Office
    PO BOX 1450
    Alexandria VA 22313

    Make sure you reference Patent 6,732,157

    I was told it would be routed to the right department. The patent was filed in December 2002, and I know much of everyone's research in the anti-spam arena was published long before that.

  20. Re:Embarassing by Algan · · Score: 5, Insightful
    Well, you might be a troll, but I'll bite ...

    The right to free speech, if applied only to benign conversation is useless. Try to exercise it by telling everybody that the feds requested private information under the Patriot Act's provision. Your ass will land in jail, lightning fast. Also try to publish a way to decrypt some lame ass DVD and prepare to pay fines out of your wazoo (you're breaking the DMCA). Just two examples, there are countless others. Slashdot drivel is not important for the powers that be, I could sau "Fuck Bush" or "Rumsfeld is an idiot" on every forum on the internet, and they wouldn't care, because it's NOT IMPORTANT, since the mindless masses won't see it, notice it or even care. Try to say something that IS important, something that has the potential to affect their interests, or the interests of their corporate friends and see how far you get

    Free speech aside, why are American Citizens arrested in the US and jailed without access to a lawyer and due process? Just because somebody labeled them terrorists? Are you sure that in 10 years from now you won't be labeled terrorist if you don't vote Republican?

    I'm not a US born citizen. I came here from an Eastern European country that, until 89, was a communist dictatorship (one of the worst). I'm old enough to remember those days. What I see happening here is a slow erosion of civil liberties that brings back painfull memories.

    --
    If con is the opposite of pro, is Congress the opposite of progress?