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McAfee Granted Firewall Patent

BadUspto writes "BetaNews reports that 'The United States Patent and Trademark Office has granted software maker McAfee a patent for tracking network events on a computer using a firewall. The patent filing involves tracing the location of an incoming connection and displaying a map showing where the remote system geographically resides.' Doomsday for VisualRoute and others?"

310 comments

  1. Prior Art by jonbrewer · · Score: 4, Insightful


    See James Bond, Goldeneye

    1. Re:Prior Art by Anonymous Coward · · Score: 0

      No, they too are a business and wouldn't approve something that denies them business. If I were you, I'd get a patent on public education, or on lawmaking.

    2. Re:Prior Art by Beautyon · · Score: 1
      --
      ATH0 Bitcoin: 1DnwFLXczVZV8kLJbMYoheUrpqHesjxrSi
    3. Re:Prior Art by hairykrishna · · Score: 1
      --
      "Physics is to math as sex is to masturbation." -R. Feynman
    4. Re:Prior Art by thenextpresident · · Score: 1

      How is that prior art? Just because it's in a movie doesn't mean it's prior art. Now, if they had something that was real and working, than it would be prior art.

      --
      Jason Lotito
    5. Re:Prior Art by Lucky_Norseman · · Score: 1

      You no longer need something to be real and working to patent it. That was back in the old old days.
      Now it's enough to just paint a broad picture of a generic consept.

    6. Re:Prior art by inject_hotmail.com · · Score: 0

      Norton Firewall has had this capability already. Talk about prior art!

      Did you know that the fw from NIS is actually AtGuard with some pretty flowers added? Yep...go check! So would that make it prior prior art?

      I much prefer AtGuard over an other fw of today as it's not dressed up to look pretty, it's extremely customizable/configurable, AND it works on ALL versions of Windows! Nothing in it wastes resources, or is useless.

      And IIRC it passes all leak tests.

      Too bad Symantec bought it...they ruined another good application.

      Inject

    7. Re:Prior Art by spike1 · · Score: 2, Informative

      Real y'say?

      You mean, a bit like, say.... xtraceroute?
      Which performs a traceroute and plots the location on a globe for each hop?

    8. Re:Prior Art by Rei · · Score: 1

      Back in college, I once made a variant of xtraceroute which didn't rely on a database. It did a whois lookup on each site, stripped out the address (I forget which one), ran it through an address-to-latitude/longitude program, and came back with the physical location for the site. Not 100% accurate (because whois information doesn't necessarily correspond to where the server is), but still pretty neat. I should dig up the code some time; I have no clue where it ended up.

      --
      People said I was dumb, but I proved them.
    9. Re:Prior Art by henleg · · Score: 1

      Did visual route (for example) release their product before McAfee? I don't see how one can get a patent on mapping the information from a traceroute, but that's just me. I am personally against software patents, due to issues connected to "prior art".

  2. prior art? by CAIMLAS · · Score: 3, Interesting

    Isn't it prior art if something is common knowledge?

    What of those of us that can, and have been, doing such IP -> rough geographical area translations in our mind for years?

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    1. Re:prior art? by Anonymous Coward · · Score: 2, Insightful

      The patent is doing the geographical area translation on incoming connections in the firewall software.

      Stupid patent? Yes. Prior art? It's specific enough that I doubt there is any. Anybody know of software that traces geographically incoming connections, 'cause I don't.

    2. Re:prior art? by drakethegreat · · Score: 1

      Ya this is rather odd and bullshit at the same time. I don't see how a graphical map of the world displaying IPs is considered patentable. I know of a great many areas where such things are used besides just firewalls. So the patent isn't very debatable and once again US courts have created another mess for the world and for themselves.

    3. Re:prior art? by digitalchinky · · Score: 1

      I've got a book, Unix A practical Guide - first published in 1994 with a map of the US, on it are interconnecting points indicating USENET sites - is that not a similar concept? Prior art? (Chapter 1, page 9)

      Ok, so it doesn't mention IP addresses explicitly, but I'm sure that was a component in its design. (Without using google to find more specific details)

    4. Re:prior art? by Monkelectric · · Score: 1, Interesting

      Yes this is terrible. However, McCrappy is really doing us a service, not that they know it. The more rediculous things whith are patented,the more obvious it becomes that the system is broken. IIRC MS patented boolean values a few months ago?

      --

      Religion is a gateway psychosis. -- Dave Foley

    5. Re:prior art? by Oscaro · · Score: 3, Informative

      It's specific enough that I doubt there is any. Anybody know of software that traces geographically incoming connections, 'cause I don't.

      You mean like XTraceRoute?

    6. Re:prior art? by Anonymous Coward · · Score: 0

      Most any weblog analyzer does this.

    7. Re:prior art? by SilverspurG · · Score: 2, Interesting

      Prior art? It's specific enough that I doubt there is any. Anybody know of software that traces geographically incoming connections, 'cause I don't.

      Holy cats. What rock do you live under?

      Even as early as 1993 there was a graphical traceroute on the NeXT systems which attempted to put whois data together with traceroutes. I googled for a while but couldn't find it specifically.

      There is the GeoTrace project on sf.net. That's been there since at least 2001.

      Googling for "geographical traceroute" turns up a host of online web services who purport to do this very thing.

      I even saw a geographical traceroute in the debian packages list at one time when I was reading through it. I just searched debian.org for "traceroute" and didn't see it. It's either been removed or it isn't indexed with the world traceroute.

      --
      fast as fast can be. you'll never catch me.
    8. Re:prior art? by moonbender · · Score: 1

      Try rereading the grandparents post. He appears to be aware of the geo traceroute tools, but he says this is something different. You blatantly missed his point.

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      Switch back to Slashdot's D1 system.
    9. Re:prior art? by moonbender · · Score: 2, Funny

      IIRC MS patented boolean values a few months ago?

      Yep, that's tr... correct. (Actually, I have no idea.)

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      Switch back to Slashdot's D1 system.
    10. Re:prior art? by eric76 · · Score: 1

      The real question is why anyone would buy anything from McAfee in the first place.

      They may have been pretty good once, but they have fallen to being completely useless.

      I would just about run without virus protection than to use McAfee's anti-virus.

      I would pay for an anti-virus service from someone else's before I'd use McAfee's for free. In fact, I did just that a couple of years ago.

    11. Re:prior art? by Pofy · · Score: 1

      >Stupid patent? Yes. Prior art? It's specific
      >enough that I doubt there is any.

      As the original poster said, prior art is not the only requirement one look at. In addition to no prior art, a patent can't be something that is obvious to people in the field (call them experts or whatever), or trivial. In many of the cases of software patents I would say that even if there is no prior art (which seems to be what people focus on mostly here), it is really very obvious things even to someone NOT in the field.

    12. Re:prior art? by prodangle · · Score: 1
      IIRC MS patented boolean values a few months ago?

      Not as far as I know - you could be thinking about the IsNot patent though.

    13. Re:prior art? by Freexe · · Score: 1

      Weblog you point out the difference, ie it analyzes the log not the incoming connections.

      --
      "In a time of universal deceit - telling the truth is a revolutionary act." - George Orwell
    14. Re:prior art? by Sique · · Score: 1

      About 15 years ago we had in our little LPmud an object called /lib/country, which had a method get_location() to map the IP of the players in the LPmud to their respective geographical method. At first we were using empirical data (just asking everyone where he is from or guessing from the IP name and then building an internal table), later one (around 1996) we had an external client which queried the whois database to find the netblock owner and display the location.

      If you entered "who" at any point in the game, it showed the player names of everyone together with rank and location of IP address. I think this one could be enough prior art.

      --
      .sig: Sique *sigh*
    15. Re:prior art? by dustmite · · Score: 1

      In other words, the "method" is not much of an invention if just about any programmer (i.e. 'person skilled in the field') can come up with the method in a few minutes, which is CERTAINLY true in this case. Note I'm referring to the method, not the idea of doing it: you can't patent an "idea" (e.g. "show geographical location of incoming firewall connections"), you patent a method for implementing an idea. You can take any programmer off the street, tell him/her to "show geographical location of incoming firewall connections", and in under five minutes (and without any knowledge of McAfee's "invention") they'll probably pretty much all be linking the logs to a visual traceroute, none of which are new things.

      I've heard it often that a patent can't be "obvious to a person skilled in the field" - any lawyers here who can confirm if its true?

    16. Re:prior art? by Anonymous Coward · · Score: 0
      I think this one could be enough prior art.

      If the article text can be believed, you'd have to have used a firewall in order to have prior art (or, at the present time, to infringe).

      'The United States Patent and Trademark Office has granted software maker McAfee a patent for tracking network events on a computer using a firewall. The patent filing involves tracing the location of an incoming connection and displaying a map showing where the remote system geographically resides.'
    17. Re:prior art? by Pofy · · Score: 2, Interesting

      Well, it might depend on country, here the text from the US patent law (Title 35, part II, chapter 10, 103, section (a)):

      (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

      So it is really only ordinary skill needed. For full text:

      http://www.law.cornell.edu/uscode/html/uscode35/us c_sec_35_00000103----000-.html

    18. Re:prior art? by Jussi+K.+Kojootti · · Score: 1
      software that traces geographically incoming connections

      Or, to put numbers on the features:
      1. traces
      2. geographically
      3. incoming connections

      XTraceRoute seems to accomplish 1 and 2. Since it doesn't do 3, it's not what the grandparent wants, right?

    19. Re:prior art? by Sj0 · · Score: 2, Insightful

      Do you think data springs from the ether? The log is filled with incoming connections.

      --
      It's been a long time.
    20. Re:prior art? by Ohreally_factor · · Score: 1

      I'm sure someone, somewhere has written a script to use XTraceRoute on IPs in log files. That would be prior art.

      --
      It's not offtopic, dumbass. It's orthogonal.
    21. Re:prior art? by Anonymous Coward · · Score: 3, Informative

      Not if it's not published its not.

      some guy just doing something doesnt count as prior art - it has to be published.

      If someone had written a HOWTO on writing a script to use XTraceRoute then that might count.
      Except that a patent is not on a concept, it's on a method.
      I doubt that the aforementioned script is the method used by McAffee, so not only would it not count as prior art, it also wouldnt infringe.

    22. Re:prior art? by Anonymous Coward · · Score: 0

      I've got this book, it uses some of the same words but is totally different otherwise. is that not a similar concept? Prior Art?

    23. Re:prior art? by FairlyFast · · Score: 0
      The patent is doing the geographical area translation on incoming connections in the firewall software. Stupid patent? Yes. Prior art? It's specific enough that I doubt there is any. Anybody know of software that traces geographically incoming connections, 'cause I don't.
      Sounds a lot like webalizer for Apache logs
    24. Re:prior art? by Sique · · Score: 1

      LPMud (at last the GameDriver v2 and v3 from Lars Pensjö and v3.* from Amylaar) has a builtin firewall, there is a file ACCESS.ALLOW (in former versions ACCESS.DENY), where you can put from which addresses at which time you are accepting connections (and even put in error messages to send if the connections are refused.)

      --
      .sig: Sique *sigh*
    25. Re:prior art? by Rasta+Prefect · · Score: 1

      IIRC MS patented boolean values a few months ago

      The Onion is not a real news source.

      --
      Why?
    26. Re:prior art? by joeljkp · · Score: 1
      The claim:
      1. A method for tracing a traffic event utilizing a firewall, comprising:

      (a) executing a firewall on a local computer;

      (b) monitoring traffic events between the local computer and a remote computer over a network utilizing the firewall;

      (c) displaying the traffic events utilizing the firewall;

      (d) tracing at least one of the traffic events utilizing the firewall; and

      (e) displaying a world map with an illustration of the trace thereon utilizing the firewall.
      Traceroute is not a firewall, and so isn't effected.
      --
      WeRelate.org - wiki-based genealogy
    27. Re:prior art? by Pofy · · Score: 1

      >Traceroute is not a firewall, and so isn't
      >effected.

      Just doing the same thing but insinde/through/with another type of program is not a reason for granting a patent since such a thing would be trivial and obvious to someone with averge skill in the field. Hence, one can't just take some idea say I patent it "with a firewall".

    28. Re:prior art? by Anonymous Coward · · Score: 0

      When McAfee sues you, you'll spend a crapload of money proving that prior art and win if you can afford it, and the prior art defense is valid. Otherwise you'll settle out of court and either pay them a license fee, or turn the feature off in your software.

      Remember the golden rule, it's how the united states is governed and litigated. Whoever has the most money and the best attorneys wins. Right or wrong has very little to do with the outcome without the staying power of lots of cash.

      If you have money left over from defending yourself, you can countersue McAfee for a frivolous IP lawsuit, patent system abuse, and possibly get your money back.

      In any event, you'll need a nice battle chest. IP lawsuits can drag on forever.

      L8,
      AC

    29. Re:prior art? by Anonymous Coward · · Score: 0

      neotrace. It's been around since 1998 as far as I know, probably longer. McAfee may own them now for all I know. I am glad I already have a copy, that's all I need to say.

    30. Re:prior art? by russotto · · Score: 2, Insightful

      Right. If the patent simply covers making a map of IP addresses, there's prior art. If it covers the specific case of making a map of IP addresses based on firewall hits, it's not novel; it's an obvious application of existing technology.

    31. Re:prior art? by Slime-dogg · · Score: 1

      The code itself, if open sourced, would be considered published. The method for tracing the IP is in the code. The code is the HOWTO of which you speak.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    32. Re:prior art? by SilverspurG · · Score: 1

      You blatantly missed his point.

      And so will the attorneys if someone ever dares to threaten McAfee's market with any implementation which remotely resembles graphical traceroute.

      Here... lemme remove those horse blinders for you. They seem to be affecting your peripheral vision. You'll get blindsided one day.

      --
      fast as fast can be. you'll never catch me.
    33. Re:prior art? by Almost-Retired · · Score: 2, Insightful

      McCrappy is really doing us a service, not that they know it. The more rediculous things whith are patented,the more obvious it becomes that the system is broken. IIRC MS patented boolean values a few months ago?

      Yes, but from the way the courts work, and the way the patent office handles things, it just goes into the in hopper and will be handled in the order its postmarked as (supposedly). There is little or no attention paid to the fact that the inbox needs to be another room built onto the agency, then replaced with yet a bigger one a year later. This situation will only change when an outside authority actually surveys the situation, and orders congressional hearings to find the root cause. Even then, I have serious doubts that anything that could be considered sane will be done. I have hopes that at some point, the Supremes will get tired of all the set-aside petitions they receive, take one that looks really interesting just because the whole premise is as phony as a 3 dollar bill, and proceeds to undo the damage of the last 75 years thats been done to out patent system, and possibly even our copyright system, which is even more broken.

      But that would mean you'd have to change the label I wear to "optimist", since I'm obviously very pessimistic that anything will be done in my remaining years, I'm 70 now.

      Sigh, back to your regularly scheduled programming now folks, nothing to see here.

      --
      Cheers, Gene

    34. Re:prior art? by Freexe · · Score: 1

      One is real time the other isn't.

      --
      "In a time of universal deceit - telling the truth is a revolutionary act." - George Orwell
  3. Surely some prior art? by Anonymous Coward · · Score: 0

    There's a LOT of prior art here isn't there? Or is the patent including something new?

    1. Re: Surely some prior art? by Alwin+Henseler · · Score: 3, Insightful
      Or is the patent including something new?

      Since when do patents include inventions? I always believed patents were describing old stuff, and are meant to provide lawyers with jobs.

    2. Re: Surely some prior art? by mboverload · · Score: 1

      Not for a long time have patents been mainly about new inventions. Currently, it is just for greedy corps with bad business models. Of course, they have to have the government step in because they can't accept some companies FAIL.

    3. Re:Surely some prior art? by NigelJohnstone · · Score: 2, Funny

      "Or is the patent including something new?"

      Yes, it includes a *plurality* of views. Not just one screen, two screens, but N screens. Total genius, only a Communist would object to a patent like that. /sarcasm

    4. Re:Surely some prior art? by bbc · · Score: 1

      Let's say there is indeed prior art. So what?

    5. Re:Surely some prior art? by Kentsusai · · Score: 1, Interesting

      If it is considered to be found in the "prior art" then it cannot be registered as a patent. Simple.

      Whilst I am on this topic, I would like to point out that the USA has a very broad system for defining prior art, novelty and utility. Unlike the UK, Australia and Canada - they have very strict and narrow interpretations of patent law.

      Hence, if a patent is granted in the USA, it does not mean that the same patent would be granted in countries like Australia, UK, etc.

      Then again, with international treaties such as TRIPs, countries who are a member of the TRIPs agreement are meant to enforce foreign IP, e.g. patents. Hence the UK is meant to recognise and enforce USA patents and vice versa.

      So you could say that if you cannot get your patent approved in the UK or Australia, go get it registered in the good old USA. That will provide you some protection given the obligations on a country by the TRIPs argeement.

    6. Re:Surely some prior art? by Anonymous Coward · · Score: 0

      I saw a graduate thesis presented at LISA in 1999 that used a set of 10+ heuristics to locate an IP address, and one of the stated applications was to track geological dispersement of system users via ipchains or http logs. I know I messed with the idea after that presentation.

    7. Re:Surely some prior art? by bbc · · Score: 1

      " If it is considered to be found in the "prior art" then it cannot be registered as a patent. Simple."

      You nicely summed up the theory. Now what about reality?

  4. Yea! by Anonymous Coward · · Score: 2, Funny

    Patents do an industry good! All hail our patent overlords!

    1. Re:Yea! by Anonymous Coward · · Score: 0

      Patents do an industry good! All hail our patent overlords!

      Except in Nebraska...

    2. Re:Yea! by Skilleter · · Score: 1

      Sorry, but I've patented the process of hailing overlords.

      See you in court!

    3. Re:Yea! by Anonymous Coward · · Score: 0

      Sorry, but I've patented the idea of patents. I'll see all ya all in court.

  5. Let the lawsuits fly by EnderWigginsXenocide · · Score: 5, Informative

    Article text: Although McAfee has not yet said whether it will pursue licensing agreements from other software vendors, the patent is likely to put pressure on rivals such as Symantec and Zone Labs. Most firewall applications provide traceroute capabilities, with some including visual maps to aid users. In 2001, the USPTO granted McAfee an unusually broad patent regarding automatic updating and self-installation of software. At the time, McAfee said anyone "willfully flaunting the technology" would face legal action. ME: Well, even though the text says McAfee hasn't decided on going after other companies with lawsuits..err licensing agreements... they do appear to have a track record of doing so.

    --
    Blessed are the pessimists, for they have made backups. -- 0 1 My two bits
    1. Re:Let the lawsuits fly by mboverload · · Score: 4, Interesting

      Just so you guys know, the registered version of ZoneAlarm has been doing this for a LONG time.

    2. Re:Let the lawsuits fly by Anonymous Coward · · Score: 0

      I don't recall the grandparent saying that the patent was valid, nor do I recall anyone saying McAfee would win any such lawsuits.

    3. Re:Let the lawsuits fly by eric76 · · Score: 1

      I wonder how a visual map aids users.

      If it showed it down to the street level and a user could see that the intrusion attempt is coming from the neighbor next door, then the user could talk to his neighbor.

      Anything else is eye candy at best.

    4. Re:Let the lawsuits fly by Anonymous Coward · · Score: 0

      What does this mean for incidents.org, then?

      SFAIK, they've been doing this for quite some time now...

    5. Re:Let the lawsuits fly by Tablizer · · Score: 1

      I don't recall the grandparent saying that the patent was valid, nor do I recall anyone saying McAfee would win any such lawsuits.

      Doesn't have to be. Defending the average patent lawsuit is not cheap.

    6. Re:Let the lawsuits fly by Anonymous Coward · · Score: 0

      couldn't you countersue on successful defeat of the lawsuit for them trying to maliciously sue you with a known baseless patent?

  6. Location then what? by bildungsroman_yorick · · Score: 1
    tracing the location of an incoming connection and displaying a map showing where the remote system geographically resides
    Awesome. I can see the army of nerds piling into their parents cars with whiffle bats and slingshots with a road trip invasion that would make uncle ghengis proud, then finding out their target was some persons zombie-bot machine.
    1. Re:Location then what? by I+confirm+I'm+not+a · · Score: 1

      invasion that would make uncle ghengis proud, then finding out their target was some persons zombie-bot machine.

      ...and not caring, and doing the damage regardless. Yeah, I can see that too, sadly. Like when Britain last got riled about paedophiles, and a paediatrician was attacked by an angry mob "for being a well-known paediatrician".

      --
      This is where the serious fun begins.
  7. Yes, doomsday for them by Dancin_Santa · · Score: 4, Insightful

    See, this is what patents do. They give the holder of the patent the exclusive rights to licensing of that technology.

    I'm not saying it's right. I'm not going to go as far as to say that the whole system ought to be scrapped, either. There are good things and bad things about the current system, but unless we can come up with a better system that will help promote the advancement of arts and sciences without trampling on the rights of inventors and creators, this is the only system we've got.

    The best thing to do would be to take a hard look at the patent system and figure out how it can be rid of the badly-working parts and how to improve the parts that work well. Then perhaps we can have a fair and equitable system of patents.

    1. Re:Yes, doomsday for them by tech49er · · Score: 1

      Seems to me (a US outsider) that the system's probably okay. It, just like much of the other US public services, is just laughably underfunded. You're a graduate - what are you going to do? Earn a pitiful salary developing spyware or slaving away for EA? Or earn even less pouring over documents of other people's ideas and earning even less? Or if you're an underfunded USPTO will you even be hiring that many people at all?

      You've got only a handful of underpaid, overworked USPTO patent examiner's wading through piles of stuff. I dunno, if I was them, I'd just be getting out my big red "approved" rubber-stamp, stamping them all, and going home to my wife and kids.

      1. Pay more tax
      2. ???
      3. Get better public services for all
      4. ???
      5. Build a content, productive society
      6. Profit

      --
      "... always going forward 'cause we cant find reverse! "
    2. Re:Yes, doomsday for them by NynexNinja · · Score: 1

      There needs to be a web based public voting system for each patent put out there, where members of the public can voice their opinion in a very public way about particular patents. Right now there is no such venue for anyone to voice concern, prior art, etc... I think if patents became voted down by large members of the public, it would pretty much force the USPTO to rethink and even revoke the majority of software patents granted today. Otherwise, the USPTO is nothing but a money making scam by government and its merit should be taken with a grain of salt until the day when a frivilous patent holder files suit against me in court, at which time the patent will be struck down.

    3. Re:Yes, doomsday for them by bit01 · · Score: 2, Insightful

      Then perhaps we can have a fair and equitable system of patents.

      A fair system may involve no patents at all. For example, I think a system that did not give exclusive rights but limited rights only, and shared those rights amongst all independent inventors of the same thing, would probably be more equitable.

      Not necessarily disagreeing with your point but the standard of public debate on "intellectual products" and how to legally manage them is abysmal. All that people on the net, lawyers or otherwise, seem to be able to talk about is current-copyright-law and no-copyright-law, current-patent-law and no-patent-law. Theres been very little scientific study of the value of patents/copyrights and related subjects by objective scientists, let alone deep debate about the issues.

      This is blinkered. Both the law and "intellectual products" are pure products of the mind. There is a universe of possibilities out there and we are barely scratching the surface. I think it's pretty sad the way we are so severely restricting what could be done. As it is the entrenched players are getting all the cards.

      For example, here are some things I can think of just off the top of my head. I'm not saying these are necessarily a good ideas; just possibilities to talk about and build on. I'm sure others can think of many more:

      • No patents. Inventions are registered with the government, anybody can license them in a fair-and-equitable manner and the government refunds part of the taxes of those who've registered inventions.
      • Patents are automatic, like copyright, and allow more than one inventor if copying cannot be explicitly proven.
      • As now but a company or group of people can pay a fixed sum of money to the government to put a patent or copyright in the public domain, thus putting a cap on the benefit to an individual and the damage to society at large of any one patent/copyight.
      • Make patent office employees sue-able to give much needed accountability. They are making multi-million dollar decisions behind closed doors.
      • Stop treating the economic network effect as an externality. The public at large should be charging (taxing) it.
      • When patents are first published the results, not the method should be made public. Competitors should be given a 6 month window; if they can duplicate the secret method to give the same result then its obvious to an expert in the field and the patent aplicant should pay all costs and the patent rejected.
      • Do a major scientific study to analyse the optimal time period for copyrights and patents. Stop handwaving and stop pretending the patent office itself is not an entrenched interest.
      • Like trademarks, and for much the same reasons, copyrights and patents should lapse if they become industry standards.
      • etc.

      ---

      Patents by definition restrict distribution and are incompatible with standards which by definition are supposed promote distribution. Say no to patents in standards!

    4. Re:Yes, doomsday for them by ralphdaugherty · · Score: 1


      Excellent starting point in fixing the system if it was desired to be fixed. Problem is once a judge ruled that some obvious business method could be patented, I believe the patent office's attitude is now rubber stamp anything coming through the door, collect the large patent application fee, and let people figure it out in court.

      I believe that even if the patent office was ptovided with the information in this thread prior to approval, they still would have rubberstamped it.

      Either the system must be required to be fixed by legislation that would require a six month public review of a probationary awarding of a patent and the rubberstamper uses the peer community to make the decision rather than their own judgement,

      or the "let the courts figure it out" needs to be replaced with a patent court that looks at the public comments in an initial judicial review and tries the patent protector against public record before allowing the suit to proceed against plaintiff.

      Part of the guidelines of review needs to be that the obviousness of a method is not made non-obvious by a new technology. In other words, that which is done in person or by phone is not patentable because it is done over a network such as the internet.

      Looking at people's phone number area code and mapping geographically is obvious to peopel. Looking at an IP address and doing teh sama should be just as obvious, and public comments that IP addresses are just a different identification of the obvious makes it obvious.

      One of the tradeoffs that must be established is that suing to protect a patent means that the patent will be revoked if it is found to be obvious in the initial judicial review. The patent holder can then deal with patent office, paying all costs should the ruling ne upheld on appeal.

      That should stifle some of the blackmail.

      rd

    5. Re:Yes, doomsday for them by ralphdaugherty · · Score: 1


      Actually, I agree that copyright alone should cover software and patents not be granted on software, period, but like I said above, it would have to be desired to be fixed first, and it isn't.

      rd

    6. Re:Yes, doomsday for them by GigsVT · · Score: 1

      Getting your idea of the US tech job market from Slashdot is like learning english by watching only John Wayne movies. Sure, it's english, but you'll still sound like an idiot talking like that.

      There are plenty of happily employed tech workers in the US. The losers and whiners just post more.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    7. Re:Yes, doomsday for them by tech49er · · Score: 1

      Fine. my point still stands though. Low-paid public-service job or better paid tech-job in the private-sector?

      --
      "... always going forward 'cause we cant find reverse! "
  8. Isn't there... by smartsaga · · Score: 2, Insightful

    a division of IP addresses per country and each country gets it's own share of IPs?
    I mean, if there is such division, distribution, assignments, etc. of ip addresses why not just poll a stinkin DNS server that knows how the IPs are distributed by country and ISP??
    I read that somewhere, too lazy to look without loosing my place in the first replys for this one.
    Have a good one.

    --
    ===== "Every head is a different world so don't invade mine you FREAK!" smartSAGA said
    1. Re:Isn't there... by Pofy · · Score: 1

      Perhaps, still, no matter what, you can't really be sure of were an IP is located. The actual computer using the IP can basically be anywere in the world. Sure, move upwards to who was allocated the IP range to startr with, and wee were that company resides, but what good/use is that?

      As an example, take my computer at work. Despite being located in Sweden, it will always end up being decided to be in Finland since the company happens to be finnish.

    2. Re:Isn't there... by KontinMonet · · Score: 1

      Try this

      --
      Did he inhale?
  9. 2002? by Bob+MacSlack · · Score: 1

    The patent was filed in 2002. Hasn't this sort of thing been done for MUCH longer than that?

    1. Re:2002? by CactusCritter · · Score: 2, Informative

      My copy of Visual Route shows copyright span from 1996-2002 to Visual Ware.

      Wouldn't that seem to be prior art for a copyright granted in 2005?

    2. Re:2002? by metricmusic · · Score: 3, Interesting

      I was using Visual Route way back in '99.

      --
      http://www.livejournal.com/users/metricmusic
    3. Re:2002? by latroM · · Score: 1

      Wouldn't that seem to be prior art for a copyright granted in 2005?

      It is a patent, not a copyright. Maybe if we wrote thing using their real names and not some "IP" shit the general public might understand the differences.

    4. Re:2002? by joeljkp · · Score: 1

      VisualRoute isn't a firewall.

      --
      WeRelate.org - wiki-based genealogy
    5. Re:2002? by Anonymous Coward · · Score: 0

      If anyone was doing it before the patent was filed, then the patent isn't valid. You can't steal someone else's idea and patent it (legally anyways). If anyone has proof that they had the idea first, it would invalidate the patent.

    6. Re:2002? by Anonymous Coward · · Score: 0

      You posted the same fucken thing to my post below, karma whore. The response is still the same.

      Just doing the same thing but inside/through/with another type of program is not a reason for granting a patent since such a thing would be trivial and obvious to someone with averge skill in the field. Hence, one can't just take some idea say I patent it "with a firewall".

    7. Re:2002? by joeljkp · · Score: 1

      Um, right, I wasn't arguing with that. I was pointing out that VisualRoute doesn't infringe on the current patent, and so isn't in any danger. The patent may well be invalid anyway.

      --
      WeRelate.org - wiki-based genealogy
  10. Xtraceroute by MauMan · · Score: 4, Informative

    Great. I guess who were using Xtraceroute in the 90s to do this are now all SOL.

    --
    ------- Code to try when you're bored: qsort( 0, UINT_MAX, sizeof( int* ), IntCompare );
    1. Re:Xtraceroute by mboverload · · Score: 1

      I hooked up firewall logs to one of those geo-traceroute programs a long time ago. I call bullshit on McAfee.

    2. Re:Xtraceroute by Anonymous Coward · · Score: 0

      This is a clear case of prior art. This patent will not last very long in any courtroom.

    3. Re:Xtraceroute by idlake · · Score: 1

      I call bullshit on McAfee.

      That will just get you a contempt of court charge. It doesn't matter whether you are right, it matters whether you can convince a court that you are right.

    4. Re:Xtraceroute by Anonymous Coward · · Score: 0

      If a court behaves like that it deserves to be contempted.

    5. Re:Xtraceroute by Hosting+Geek · · Score: 0

      Yes there just like microsoft parenting something after someone else has already made it....

      --
      For FREE NO ADS! 1GB/20GB PHP MySQL With a Control Panel Hosting
    6. Re:Xtraceroute by joeljkp · · Score: 2, Insightful

      XTraceRoute is not a firewall, so is not prior art for this patent.

      --
      WeRelate.org - wiki-based genealogy
  11. It's official... by Anonymous Coward · · Score: 0, Troll


    The USPTO has jumped the shark, ceased to be useful, lost all insight, and generally become a bloated, monstrous, piece-of-shit government agency that only serves to rubber-stamp anything that comes across its desk that looks like it might make some corporation a dollar. They like the FCC without the leadership. Mothball it all and revoke the employees' government clearance... they're all clearly retarded.

    Suckass bitches.

    1. Re:It's official... by randallpowell · · Score: 1

      I, for one, welcome our theocratic, rubber stamping Republician overlords.

    2. Re:It's official... by mboverload · · Score: 1

      Even worse, since bribing is harder in the USPTO (you got to find the guy researching it) this is just plain incompetence.

    3. Re:It's official... by Anonymous Coward · · Score: 0

      Awwwwwwww.

      I see someone is still butt-hurt from the election.

    4. Re:It's official... by Hatta · · Score: 2, Interesting

      Almost:

      The US has jumped the shark, ceased to be useful, lost all insight, and generally become a bloated, monstrous, piece-of-shit government that only serves to rubber-stamp anything that comes across its desk that looks like it might make some corporation a dollar.

      That's better

      --
      Give me Classic Slashdot or give me death!
    5. Re:It's official... by Anonymous Coward · · Score: 0

      Possibly he didn't get an opportunity to vote against the cunt,

  12. Good Grief by MightyMartian · · Score: 1

    Considering that IANA and its brethren in other parts of the world document which domains they have, this sounds rather trivially easy. What's next? Someone is going to patent turning left when the left hand signal is on?

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
    1. Re:Good Grief by brainboyz · · Score: 2, Funny

      Where's my DMCA lawyer? You've broken the encryption on my patented "Turning the opposite of right while indicating intent" method and released my secret to the world. I'll sue!

    2. Re:Good Grief by mrjb · · Score: 1

      IANA=I Am Not Anywhere
      Take that McAffee!

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    3. Re:Good Grief by Anonymous Coward · · Score: 0

      actually, people have gotten patents for penutbutter sandwiches ...

      Wich explains alot of how the patentindustry works ...

      http://www.randi.org/jr/06-08-01.html

      And in Austraila someone patented the wheel!

      http://www.randi.org/jr/07-06-01.html

  13. Patents... by jtbauki · · Score: 1

    Ooooo....this reminds me of a Dateline show that I saw, where the father was trying to teach his daughter about patents. Anyways, in the end, the daughter patented the playground "swings." Lol. I think that anecdote sums up the problems with the patents. The US either better establish a larger Patent Office or....uh, yea...they better establish a larger Patent Office.

    1. Re:Patents... by Kymermosst · · Score: 2, Informative

      Ooooo....this reminds me of a Dateline show that I saw, where the father was trying to teach his daughter about patents. Anyways, in the end, the daughter patented the playground "swings."

      No, it was swinging sideways on a swing. (Covered on Slashdot, even. Sheesh, you must be new.)

      Also seen here, here, and here.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    2. Re:Patents... by courseB · · Score: 1

      well, my 'swingers' adult line of swings is patented. and her 'swings' are like the kids version.

      which also leads me to point out, i do file lawsuits against kids who use her 'swings' like my 'swingers'.

    3. Re:Patents... by jtbauki · · Score: 1

      Oh yea that's right. Of course I'm new. Can't you tell by my ID #. Sheesh, you must be new =).

    4. Re:Patents... by MythMoth · · Score: 1

      Thank you very much for the New Scientist link - I hadn't read that article (despite having a subscription. D'oh!) so I'd never seen this quote before:

      The US Patent Office says it does not comment on individual patents, leaving it unclear how such an obvious idea won approval. A spokeswoman did say that the patent office uses a legalistic definition of obviousness: "That is not necessarily the conventional definition."

      Now, I'd like to have that in context, but does sound like they're admitting to using a non-obvious definition of "obvious".

      Just how much more ludicrous could they be?

      --
      --- These are not words: wierd, genious, rediculous
  14. movie reference by Zeb-9000 · · Score: 4, Funny

    Am I the only one thinking of Jay and Silent Bob in the final moments of J&SBSB when they are touring america to put the beat down on the people that dissed them on the "internet" And shouldn't that count as prior art?

    1. Re:movie reference by Agret · · Score: 1

      For those wondering:
      http://www.imdb.com/title/tt0261392/

      --
      Have you metaroderated recently?
    2. Re:movie reference by procrusteous · · Score: 1

      Yeah, it was last modified 4/24/2003, long after the McAfee patent application was filed. Which means this was legally NOT prior art during the examination of the application.

    3. Re:movie reference by Wilk4 · · Score: 1
      it seems to me that every movie that ever had a spy agency tracking someone did this kind of thing... where the phone call or network connection being traced shows up on a map as they are back-tracking it.

      IANAL but it sounds like prior art to me. ;-)

      OTOH, if the various spy/security agencies really have been doing this sort of thing for a long time, perhaps they'd be willing to offer proof of prior art. (not holding my breath ;-)

  15. US freedom again by NYhXc · · Score: 5, Informative

    USPTO shows up again! These people either are very uninformed or blind. How can they patent a thing that was used and invented a long time ago by other people. I remember I was using a visual traceroute program on win95 back in the 90's. I'm (still) proud I live in Europe, even if Romania (my country) is not yet a member of EU. I think I saw a visual traceroute program running on linux some years ago too... xtraceroute. Look on their web page here and scroll down to see when it was last modified. This gives you a clue how old the program is yet they didn't request a patent for that.

    --
    This is what I am
    I can't make it stop
    No matter how much I wanna change
    I can't make it go away
    1. Re:US freedom again by jerryasher · · Score: 2, Funny

      You're missing the point. You were running xtraceroute on a computer. McAfee got this to work on a firewall !!

    2. Re:US freedom again by NYhXc · · Score: 1

      I don't see your point. The talk is about visual traceroute , not about on what it runs: computer or non-computer.
      BTW.. what do you understand by computer?

      --
      This is what I am
      I can't make it stop
      No matter how much I wanna change
      I can't make it go away
    3. Re:US freedom again by Anonymous Coward · · Score: 0

      dude, the GP was being sarcastic. . get it, no?

    4. Re:US freedom again by eric76 · · Score: 2, Funny
      McAfee got this to work on a firewall !!

      Yeah.

      Wait til the porn industry gets a hold of this. We'll have internet-enabled dildos that visually show the source of an intrusion.

    5. Re:US freedom again by fisheye1969 · · Score: 1

      And xtraceroute put onto SmoothWall or other similar would have the program running on a FireWall.

      Methinks that the US patent office should not have granted this one.

    6. Re:US freedom again by remmelt · · Score: 1

      since it's a patent, it doesn't matter who invented it first. even if you can prove you had such a program back whenever, if someone jumps you to the patent office, you're out of luck.

      only for things so obvious that it's common knowledge (the wheel, except not in australia) a patent should not be granted.

      the xtraceroute people have a copyright on their implementation of this idea. i don't know how that measures up to the patent though. i guess, these days, they're doomed indeed.

    7. Re:US freedom again by KontinMonet · · Score: 1

      ...only for things so obvious that it's common knowledge... Murky area:

      How about the snowman accessory kit (carrot, coal, scarf [5380237 and others]) or the prime number patent?

      --
      Did he inhale?
    8. Re:US freedom again by iamwahoo2 · · Score: 1

      Is this overly subtle sarcasm? or are you serious?

    9. Re:US freedom again by jerryasher · · Score: 1

      Next time I'll add a smiley, just for you.

  16. I'm a little affraid by exes · · Score: 1

    Don't get me wrong. Software patents scare the crap out of me. I fear a world where Microsoft has a patent on "Operating System"

    1. Re:I'm a little affraid by randallpowell · · Score: 1

      I fear that software corporations will get software patents so FOSS can be considered illegal by violating patents on mouse clicks, GUI, or APIs.

    2. Re:I'm a little affraid by Anonymous Coward · · Score: 0

      They have a patent on the heirarchical file system, even though it was invented 15 years before the patent was filed.

    3. Re:I'm a little affraid by nzkoz · · Score: 3, Informative

      Maybe I'm in over my head a little bit. Can someone still release an open source GPL product that does the same thing as McAfee's deal and be untouchable?



      No, if this patent is upheld noone can release any similar functionality under any license for any reason. More or less.



      Having said that, a patent is more or less useless until the patent owner successfully sues someone. Until a court upholds their patent it's just an assertion that's 'checked' by the USPTO. But I sure wouldn't want to be the poor bastard sued first .....

      --
      Cheers Koz
    4. Re:I'm a little affraid by fireman+sam · · Score: 2, Informative

      Ah, but with patents I can take your existing product (license), extend it and patent my extension. To build on top of others work and let others build on top of mine. (Sounds a bit like the GPL*)

      So I buy a license for your "invention" to be used in my "invention". I then sell my "invention" to others to use.

      *The fundamental difference with patents is that I am free to charge whatever I want for my extension and no body is allowed to entend your product in the same way that I have.

      --
      it is only after a long journey that you know the strength of the horse.
    5. Re:I'm a little affraid by aim2future · · Score: 1
      Ah, but with patents I can take your existing product (license), extend it and patent my extension. To build on top of others work and let others build on top of mine. (Sounds a bit like the GPL*)
      So I buy a license for your "invention" to be used in my "invention". I then sell my "invention" to others to use.

      I hope you are not serious about your comment, that is you were only ironic, because if you really believe that, you have not understood software patents at all.
      For someone else to build upon this idea then they would have to buy licenses from both, and so on.

      A really efficient way to stop development of those ideas, and any of the infinite number of ideas building upon these ideas!
    6. Re:I'm a little affraid by Phosphan · · Score: 1

      Of course someone can - to be more precise, anyone living in a country that does not have software patents. This is still true for most parts of the world, even if the usual suspects are working hard on exporting this brain-dead software patents system everywhere.

    7. Re:I'm a little affraid by SilverspurG · · Score: 5, Funny

      I fear a world where Microsoft has a patent on "Operating System"

      I think it would be "Method of configuring a computer to spread viruses"

      In the same train of thought: could one patent a "Method of encoding a self-replicating computer program", release it under a non-transferrable license, and then sue the crap out of everyone who gets infected?

      --
      fast as fast can be. you'll never catch me.
    8. Re:I'm a little affraid by fireman+sam · · Score: 1

      Actually I was talking about the "idea" behind patents in general and not specifically software patents.

      The patent system was created to allow inventors due compensation for releasing their invention for use by the public.

      But I do agree that my analogy with the GPL was a bit misleading. My appologies.

      --
      it is only after a long journey that you know the strength of the horse.
    9. Re:I'm a little affraid by Anonymous Coward · · Score: 0

      Here, let me reformat that comment for you. You turned off Automatic Bulleting and Numbering, silly bird.

      In the same train of thought: could one

      1. patent a "Method of encoding a self-replicating computer program",

      2. release it under a non-transferrable license, and then

      3. sue the crap out of everyone who gets infected?

      4. P_______!!

    10. Re:I'm a little affraid by Anonymous Coward · · Score: 0, Funny

      So what? Every piece of graphical open-source software is so fucked up from a usability point-of-view that everyone besides the ultra-n00b uses command-line tool anyway.

      Nothing lost there.

    11. Re:I'm a little affraid by Orgazmus · · Score: 1

      I for one sure likes them pretty pictures when surfing the intarweb. Lynx really dont compare to firefox. And vim instead of bluefish when coding php? Dont make me laugh.
      ultra-n00b or not, i like my xorg ;)

      --
      The system had the verbosity of HTML combined with all the readability of compiled assembly viewed as bitmap images
    12. Re:I'm a little affraid by deimtee · · Score: 5, Insightful

      Works for monsanto.

      --
      I'm guessing that wasn't on their radar screen...
    13. Re:I'm a little affraid by Mayk · · Score: 1

      The thing that scares me, is to see it happening in the states too. have a look at this : http://www.nosoftwarepatents.com/ We in europe are vewwie vewwie scared....

    14. Re:I'm a little affraid by Anonymous Coward · · Score: 0

      Don't let it scare you. In the free world, by that I mean China, they freely ignore western software patents and are doing quite nicely.

      On the other hand, we are shooting ourselves in the foot with a nail gun.

    15. Re:I'm a little affraid by strider44 · · Score: 3, Insightful

      I think it would be "Method of configuring a computer to spread viruses"

      That would be "Method of configuring computers for extremely quick and reliable spread of various software without user interaction" This is a lawyer talking, remember?

    16. Re:I'm a little affraid by iammrjvo · · Score: 1

      Heh. I wish that someone could moderate funny and insightful at the same time.

      --
      Ha, ha! Nobody ever says Italy.
    17. Re:I'm a little affraid by plumby · · Score: 1

      The problem I have is that in theory, I'm in favour of (or maybe don't understand) software patents.

      Consider this - you are a small software house and you've thrown large amounts of your (and the bank's) money into designing a smart new algorithm for e.g., the travelling salesman problem. The problem is, as soon as you launch your product, M$ (or someone similar) will reverse engineer your code, rip off your algorithm, stick it in their routing software and run you out of the market. This in theory is, as I understand it, what the patent system is there to protect.

      The problem I have is that in practice, what actually gets patented seems to me to be the idea of doing something, rather than the specific details of how they will actually do it, leading to very vague and broad brush (or blatantly obvious/already invented) patents, and would be more along the lines of "An algorithm to work out the best distance between multiple locations", at which point any algorithm that did this would be covered.

      For example, in this case, as far as I can tell from the patent text, it seems to be patenting the idea of displaying geographical locations for firewall intrusions rather than a clever new way of determining what is an intrusion or how to work out its location. If it were the latter, I'd probably support it.

    18. Re:I'm a little affraid by lucason · · Score: 3, Interesting

      The only reason there IS a microsoft, is because courts decided "look-and-Feel" of an operating system was unpattentable.

      Back then it was Apple who vigurously chanted the "I've got a pattent" song.

    19. Re:I'm a little affraid by WaterBreath · · Score: 1
      No, if this patent is upheld noone can release any similar functionality under any license for any reason. More or less.

      Functionality is not what is patented (at least not in this case, or in the cases of most software patents). The method by which the functionality is provided is what is patented. If you can provide the same functionality by a different-enough method, you're in the clear.

      Which is why all these paranoid posts regarding "operating system" or "file system" patents are unfounded.

    20. Re:I'm a little affraid by Anonymous Coward · · Score: 0

      ITYM "in lieu of user interaction."

    21. Re:I'm a little affraid by greed · · Score: 1

      The patent system is to protect a novel and non-obvious implementation of an idea.

      This is why you find things that do the same job differently. Like, for example, Delta's "stainless steel ball" and Moen's "ceramic cartridge" single-lever faucets. They get the same job done (adjust both temperature and volume of water with a single handle), but they achieve it through uniquely different methods.

      That sort of patent encourages creativity, even if it is just so you don't have to license your competitors patent. (Or, of course, you could always just license it if you don't think it is worth the R&D to come up with a different solution to the problem.)

      The problem with software patents is that they are read to cover different approaches to solving the same problem. A patent on a solution to the travelling salesman problem would cover all solutions, not just your algorithm. So, sure, that gets people who just copy your algorithm. But it also gets people who came up with a different solution to the problem. (Though, solutions to an NP-complete problems are probably a special case; as solving one is thought to allow all of them to be solved. Let's ignore that bit for the sake of argument, and assume multiple solutions exist.)

    22. Re:I'm a little affraid by Moofie · · Score: 1

      They're only "unfounded" if you have more money for lawyers than the patent holder. If they have enough money, they can make the patent say whatever they want.

      --
      Why yes, I AM a rocket scientist!
    23. Re:I'm a little affraid by Anonymous Coward · · Score: 0

      The only reason there IS a microsoft, is because courts decided "look-and-Feel" of an operating system was unpattentable.

      Back then it was Apple who vigurously chanted the "I've got a pattent" song.


      That was about copyright, not patents! Sheesh, nobody ever distinguishes between trademarks, copyright, and patents on this damn site!

      http://en.wikipedia.org/wiki/Apple_v._Microsoft

    24. Re:I'm a little affraid by Ryosen · · Score: 1

      Ah, deimtee, if only the mod points could go past 5. I'd personally push you up to 11 for that one.

      --

      Ryosen
      One man's "Troll, +1" is another man's "Insightful, +1".
    25. Re:I'm a little affraid by lucason · · Score: 1

      Only because patents didn't exist yet...
      But... Point taken.

  17. Firewall by n2rjt · · Score: 5, Interesting

    IANAL and I didn't RTFP (read the fine patent) but I did RTFA. I was once taught that a patent covers a method for achieving an outcome. In the McAfee case, the method involves using logs collected on a firewall, then analyzing the origin based on the logs. I would guess that a competing product that directly sniffed the packets and analyzed the origin then produced a map wouldn't be infringing, because it would use a different method to achieve the same outcome.

    1. Re:Firewall by Anonymous Coward · · Score: 0

      What's NetIQ/WebTrends/Apache.org going to do about this? What if McAfee decides that ANY software that in some ways aggregates IP addresses coming into it (like a webserver) is working in some way like a firewall, and the patent applies, or they go ahead and revise their patent to cover this new, unforseen "application" of the patented idea?

      On the other hand, did Microsoft build the "personal firewall" software in XP and XPSP2, or did they buy it from someone else?

    2. Re:Firewall by dustmite · · Score: 1

      I don't know the answer, but I'm willing to bet that Microsoft bought up several smaller competing firewalls and picked one to extend and integrate and call it "personal firewall". This is and always has been their MO, they never write ANYTHING, they buy everything. This gets rid of potential competitors at the time they want to enter a market.

      I remember it used to be often claimed that the Visual C compiler was 'derived from a product called Lattice C'. I once met one of the original 'Visual C++ version 1' developers, I asked him if it was true, and he said very offhandedly "oh sure, at that time Microsoft bought a whole lot of compilers, and Lattice was one of them". You can name pretty much any Microsoft product and you'll find it was 'bought and extended/integrated', e.g. SourceSafe was LoneTree, DirectX was bought from a London company called RenderMorphics, Internet Explorer was Spyglass, etc, and even recently with their new anti-spyware system, they just bought someone else's product. All Microsoft games were simply bought too (e.g. age of empires). Gates established this MO very early on with the purchase of DOS. Even friggin PaintBrush (a very poor clone of MacPaint) was bought. Why make anything when you have 80% profit margins giving you so much cash that you can just buy everyone else that appears?

      Used to be a site called 'the whole microsoft catalog' that tried to track and log MS acquisitions. I guess it got too difficult to keep updated, since MS buys companies just about every day.

    3. Re:Firewall by ettlz · · Score: 1

      Does this now mean my brain and Internet nous are in violation of a U.S. method patent every time I inspect my logs?

    4. Re:Firewall by Anonymous Coward · · Score: 0

      RTFP (read the fine patent)

      Why use an acronym in the first place if you have to go out of your way to explain what it stands for anyways?

    5. Re:Firewall by Inigo+Montoya · · Score: 1

      Ha! At my first job outta school in 1983 I wrote code on an original 640K IBM PC using Lattice C.

      I still have the 5-1/4" floppies it came on. However, I have no PC with a 5-1/4" drive to read them (I think it would not be very useful anymore, anyways)

    6. Re:Firewall by Anonymous Coward · · Score: 0

      Funny, isn't that exactly what incidents.org has been making publically available for quite some time now?

      I mean, they gather tons of firewall logs, and break it down geographically on their little map...

    7. Re:Firewall by PMuse · · Score: 1
      From the fine patent: What is claimed is:

      1. A method for tracing a traffic event utilizing a firewall, comprising:

      (a) executing a firewall on a local computer;

      (b) monitoring traffic events between the local computer and a remote computer over a network utilizing the firewall;

      (c) displaying the traffic events utilizing the firewall;

      (d) tracing at least one of the traffic events utilizing the firewall; and

      (e) displaying a world map with an illustration of the trace thereon utilizing the firewall.

      And, of course, not one citation to a piece of prior art other than old patents.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    8. Re:Firewall by geomon · · Score: 1

      RTFP! (read the f*cking post!)

      I'm sure others have better contributions than mine.

      --
      "Rocky Rococo, at your cervix!"
    9. Re:Firewall by AndroidCat · · Score: 1

      Visual C++ 1.0 was a Windows front-end over their DOS-mode compiler. It was a real joy to keep blowing out real mode (640k) memory on a 16M+ box. (Even better was when it started running short, it would switch off some optimizations. Getting a consistant build was a nightmare.)

      --
      One line blog. I hear that they're called Twitters now.
  18. This is why... by BossMC · · Score: 2, Interesting

    This is why I keep _every_ that application that I have ever used. For example, Calamaris, a really nice squid stats generator, has fallen victim to software patent bullshit, but I still get to use it.

    Obviously, the affected applications are never going to be patched or updated, but it's still better than nothing. I will continue to do so, regardless of legality.

    1. Re:This is why... by Anonymous Coward · · Score: 0

      keeping every app you ever used is idiotic.

  19. Sometimes i just want to.. by Handbrewer · · Score: 2, Interesting

    Scream Prior Art! From the top of my lungs.. But then i remember, that thankfully the EU has not legalised software patents yet. And i sincerely hope Poland will knock some sense into our MEPs. I wrote a letter to my MEP yesterday and was surprised to get a responce (!). They say they too are worried about software patents, thats why they are voting for it (!?) - Something with settling on the middle, bleh.

    1. Re:Sometimes i just want to.. by ynohoo · · Score: 1

      the problem is not the MEPs - they have already tried to block this. The problem is the Council of Ministers, i.e. your direct government representitives, appointed by the ruling party/coalition, that are trying to do an end-run around the European Parliment. Even though their own national MPs are trying to stop them, they seem to be either in the pay of big corporations, or wish to bow to US pressure to "normalize" trade relations.

      What a fetid swamp politics is...

    2. Re:Sometimes i just want to.. by KontinMonet · · Score: 1

      I wrote a letter to my MEP yesterday and was surprised to get a responce

      What's the betting you got a boilerplate reply as a response? Something along the lines of: "The [Political Party] supported an amendment to the definition, so that 'In order to be patentable, a computer-implemented invention must be susceptible of industrial application and new and involve an inventive step. In order to involve an inventive step, a computer-implemented invention must make a technical contribution'."?

      Be aware, the EPO thinks that any software involves a 'technical contribution (or benefit or effect)'. When this sort of weasel wording goes through, we will have pure software patenting in Europe anyway. In any case, 30,000 software patents are already active in Europe (such as a patent by IBM that allows software to clear a screen [bit of hardware involved, see?]. The EPO is a law unto itself and I (cynically) expect that pressure on our MEPs is going to make very little difference.

      --
      Did he inhale?
    3. Re:Sometimes i just want to.. by Anonymous Coward · · Score: 0

      The whole Software Patent battle is coming to a head now.

      Poland is not happy with the directive, but it does not want to restart debate in the Council. The Danish parliament has withdrawn support this week. Tomorrow, questions will be asked in the Dutch parliament. The German parliament has already spoken some pretty harsh words. And the EU parliament may vote for a restart next week.

      If the directive does not pass, it will be a very big loss for the pro-patent lobbyists. The pro-patent lobby has made the mistake to hide behind the pretense that 'computer implemented inventions' is something different than 'software patents'. They tried to avoid public debate, and lobby behind the scenes.

      Now there is a lot of attention and public debate. And the anti-patent lobby has got a tremendous headstart in this debate.

  20. I'm a little affraid by exes · · Score: 5, Interesting

    Software patents scare the living crap out of me. I fear a world where Microsoft has a patent on "Operating System" I think it's total bullshit that people can even do this. First off, I bet McAfee has some C++ programming in it... which derives from C, which was created by Dennis Ritchie... so where is his cut? Everything we do, builds on something someone else did. In most cases, those things aren't necessarily things that someone did for money. It's a sad deal that this patent crap came into effect and is possible... Maybe I'm in over my head a little bit. Can someone still release an open source GPL product that does the same thing as McAfee's deal and be untouchable?

  21. Prior art by Neo-Rio-101 · · Score: 1

    Norton Firewall has had this capability already. Talk about prior art!

    Seriously, hasn't the government got something else better to do with the patent office, other than legalize get-rich-quick schemes?

    --
    READY.
    PRINT ""+-0
  22. JESUS H CHRIST IN A CHICKEN BASKET! by Chuqmystr · · Score: 4, Funny
    ***WARNING, KNEE-JERK REACTION FOLLOWS***

    For the love of whatever! Is nothing sacred? I finaly found something, a nice combo of BSD/Linux/OS X over various devices that returned a bit of control to my computing experience. Mind you, I've been into this since the very begining of PC use. And now, some greedy fuck (whom is OS specific none the less) needs to step in and take advantage of one of the most chiken-shit money grabs in the known world, the USPTO. Sigh... Yeh, yeh, prior art, blah blah. There's plenty of flesh-eating lawyers out there for MacFuckify to employ and possibly make this a pain in the ass for some time to come. Goddamn you windoze and all the leaches on your digi-herpies infested ass. If this flys, I'm going ludite right down to the use of an abacus. Fuck it, I'm tired...

    1. Re:JESUS H CHRIST IN A CHICKEN BASKET! by Anonymous Coward · · Score: 0
      Thank you. I was about to suppress my urge to post a senseless ramble because it is late and I can't think straight. Then I saw your post.


      I would like to add that i'm sick and fucking tired of hearing about this patent bullshit. When is someone going to get the sense to just sue the blood shit and cum out of the USPSO directly for their egregious stupifying incompetence in granting patents on absolutely anything having to do with getting any damn thing done on a computer and network. When writing software you almost always do what is obvious - e.g., need to keep track of what items an online customer is going to buy? Great, store it on the server in a database, or maybe on the client as hidden data, whatever, but then to patent this crap?


      The point is that the USPTO is wrecking the ability of small businesses to compete because they're granting licences for patent holders to pursue absolutely frivolous lawsuits over what is almost always totally obvious software methods. The USPTO is causing significant damage and should be sued directly to stop. Why the hell can't that be done?

  23. since when... by sxpert · · Score: 1

    ...the existence of prior art matters to the USPTO ?

    hopefully, poland will keep stopping each attempt to put the software patents issue on the menu of the various european agriculture, fishing, wanking, ... minister meeting

    1. Re:since when... by Anonymous Coward · · Score: 1, Funny

      What is this 'Poland' that you speak of?

      Some sort of country? I forget.

  24. In all honesty. . . by loraksus · · Score: 1

    I'm shocked it took so long.
    McAfee bought Neoworx in 2002, and the NeoWatch firewall was the first one that I had seen that would automatically do a little graphical trace for you. Basically a firewall with a cheapo neotrace embedded in it (you could also use the full version if you had it)
    I used neowatch ... shit, it's been years. I recall running it on a Windows 95 or 98 system, I'm pretty sure it was the first one out there.
    The patent is pretty narrow though, If they were first, I don't see much to bitch about (excluding the standard patent stupidity)

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    1. Re:In all honesty. . . by idlake · · Score: 1

      If NeoWatch ran on Windows 95 and 98, chances are that it itself is prior art for the "invention". You can't patent something more than a year after it has been published.

    2. Re:In all honesty. . . by 16K+Ram+Pack · · Score: 1
      The stupidity is that it's just geographical tracing of an IP address on a firewall as though that's something amazing.

      It's the equivalent of someone taking a can and some beer and creating a patent for "canned beer".

    3. Re:In all honesty. . . by lovswr · · Score: 1

      You jogged my memory. I'm at work & I knew that there was a little program that would do this becuase I bought it several years ago. Neoworks, of course, is it. I think I still have a copy (& the paid for reg key) at home & I will probably give it a go this evening.

  25. Last Straw by mboverload · · Score: 1
    Are these people COMPLETE idiots? Do they know nothing? It seems they hire Amish to do the technology patents.

    Time to dissolve the patent office and make a new one with an average IQ higher than 80.

    1. Re:Last Straw by randallpowell · · Score: 1
      It seems they hire Amish to do the technology patents.

      Amish? I thought they hired lawyers. That would explain the 80 IQ comment.

    2. Re:Last Straw by Anonymous Coward · · Score: 0

      Average? Don't you mean ceiling?

    3. Re:Last Straw by Anonymous Coward · · Score: 0

      I thought they were using retarded Amish lawyers.

    4. Re:Last Straw by Anonymous Coward · · Score: 0

      Why do the Amish deserve to be referred to like this?

      Is it just that they're the group of people least likely to come in here and see your comment?

    5. Re:Last Straw by earthpig · · Score: 1

      i know this is a waste of a post,
      but the joke is, the Amish shun technology therefore they would be the least effective in researching technology patents.

      sheees!
      there.

      do i feel better now?
      no, not really

  26. A modest proposal by cgenman · · Score: 4, Insightful

    Can we just have a 10 year haiatus on software patents of any kind, please? So far most of them have been single descriptor patents...
    [blatently unpatentable thing] + "on the internets"
    [blatently unpatentable thing] + "automagically"
    [blatently unpatentable thing] + "in a browser"
    And now we have
    [blatently unpatentable thing] + "with a Firewall"

    None of this should be patentable. New and truly novel approaches to computing issues should be, but those are exactly the types of things which are too important to patent. Where would computing be today if patents covered the concepts of Neural Networks, Fuzzy Logic, evolutionary algorithims, or for that matter object-oriented programming and distributed networks?

    Patents were supposed to be unlikely to be duplicated. Theoretically, if I wanted to do something and I didn't know how, I would have to turn to somebody with a patent. However, these days it's impossible to blow your nose without first calling a lawyer to figure out if someone patented nose-blowing in such a way. And chances are someone has.

    We should just shut software patents down for 10 years, let the technology mature, then re-examine whether they're helping or slowing us down. In 10 years time we may have exhausted enough of the obvious things that only patentable things will remain.

    1. Re:A modest proposal by Curien · · Score: 1

      Patents were supposed to be unlikely to be duplicated.

      Where'd you get that idea? If it was unlikely to be duplicated, the innovator would just keep it a trade secret. That way, he doesn't have to tell anyone how it works.

      If OO programming had been patented, it wouldn't have made much of a difference. Simula was made in, what, '67? So the patent would have expired in '81, which is about when people started caring.

      I agree with your main point, though, that doing something old in a new context doesn't make it patentable.

      --
      It's always a long day... 86400 doesn't fit into a short.
    2. Re:A modest proposal by nathanh · · Score: 0, Redundant
      [blatently unpatentable thing] + "on the internets"
      [blatently unpatentable thing] + "automagically"
      [blatently unpatentable thing] + "in a browser"
      And now we have
      [blatently unpatentable thing] + "with a Firewall"

      [blatantly non-patentable thing] + "a spell checker"

      Everybody should install Spellbound for Firefox.

    3. Re:A modest proposal by Squeak · · Score: 1

      No, patents were meant to be nonobvious. (So where does the phrase 'patently obvious' come from?) They were also meant to contain enough detail that the invention/process/whatever could be duplicated by somebody 'knowledgable in the field' after the patent expires.
      Too many modern patents go the other way - obvious solutions to common problems and deliberately vague so that any other good ideas somebody else thinks of afterwards can be claimed as being included.

      --
      This sig is a figment of your imagination.
    4. Re:A modest proposal by Anonymous Coward · · Score: 0

      [blatently unpatentable thing] + "on the internets"
      [blatently unpatentable thing] + "automagically"
      [blatently unpatentable thing] + "in a browser"
      [blatently unpatentable thing] + "with a Firewall"

      Well, there goes my patent on "automagically doing stuff via an Internet browser and firewall".

    5. Re:A modest proposal by Anonymous Coward · · Score: 0

      "Unpatentable" would be noticed by a grammar checker, not a spell checker. You should learn the difference.

    6. Re:A modest proposal by Anonymous Coward · · Score: 0

      the idea is probably from the point that a patentable invention should be non obvious to peers. If it isn't non obvious to them then it is likely to be duplicated. I recommend you have another coffee.

    7. Re:A modest proposal by startling · · Score: 2, Insightful

      None of this should be patentable. New and truly novel approaches to computing issues should be

      Are you absolutely sure about that? If new and truly novel approaches to computing had been patented years ago wouldn't Xerox own the GUI windowing system completely? I'd argue that computing is too important a part of the infrastructure of society to let one man or one corporation control and stifle it with a monopoly secured by patents.

    8. Re:A modest proposal by AndroidCat · · Score: 1

      Awww! But I've already got a sound effects + with a firewall program. Next I was thinking of a screen saver Tamagotchi-type pet that reacts to events from the firewall. (Too many *pings* and the little bugger goes hyperactive. Gotta fix that.)

      --
      One line blog. I hear that they're called Twitters now.
  27. Prior Art, Part MCXII by jd · · Score: 4, Insightful
    Most of the examples don't quite fit the description. A much closer parallel is a NIDS system actively linked to a firewall, such that when an intrusion is detected, the NIDS can reprogram the firewall to block the attacker.


    You could probably program the "remotes" on the Aaphid NIDS system to do the job. There are commercial systems that certainly work like this. Judging by the descriptions given in the Internet Audit Project, some time back, the military and intelligence networks also have such systems.


    Perhaps the "perfect fit" would be an active firewall/NIDS system (for you counter-intrusion) and some sort of packet analyzer and/or active scanning software to establish the identity of the real attacker.


    Again, such software is certainly around and is nothing particularly new or exciting. Many of the fancier NIDS packages use Bayesian filters to look for abnormal behavior, as opposed to looking for specific attack patterns. If you want to be really fancy, you stick a honeypot in parallel with the real firewall, disguising the honeypot as a firewall in its own right. Everything that goes to it is obviously bogus traffic.


    The problem with the US patent office is that they don't search for prior art. Well, they get too many patents to do that efficiently, so they trust the person filing, until someone complains. If the patent is overturned, the filer can sometimes get their money back.


    Supposedly, during "patent pending", problems can be ironed out. They often aren't, because companies are loath to expose "trade secrets" or other unpublished information, and Joe Bloggs doesn't have the money or (in many cases) any standing to object. (Courts are very fussy about people having standing in a case.)


    The "minimum change" solution would be for all court costs and lawyer costs to be loaned by the Government, with the loser in the case having to pay back the loan for both sides, plus interest. That way, frivolous objections would become too expensive, but so would frivolous patent claims.


    As for this system - I say ignore the patent and use pre-existing solutions that do the same thing. This is a situation where "civil disobedience" is not only possible, but also low-risk. McAfee is unlikely to be vigorous in the pursuit of their IP, if it was pretty certain they'd lose any case and be humiliated.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Prior Art, Part MCXII by Jorgensen · · Score: 1
      The problem with the US patent office is that they don't search for prior art.

      Why not change the system? (I know! - but hear me out!): Make it easier to challenge patents. Ensure that every time a patent is repealed the patent office and the patent holder gets fined?

      Obviously the patent office needs encouragement to ensure that only valid patents are granted. That can only be ensured by giving them proper feedback - including the negative feedback...

    2. Re:Prior Art, Part MCXII by bs_02_06_02 · · Score: 2, Insightful

      The problem with the patent office isn't that they don't search for prior art... they do, but the search is done by narrow-minded bureaucrats without spinal cords or any reasonable technical knowledge.

      Another problem plaguing the system is that patents are written by patent attorneys so that they are as broad as possible. The patent holder wants the loosest possible definition so they might chase down patent infringers, and also so that they might take the narrowest scope possible when being chased for patent infringement in order to avoid prosecution.

      The really sad thing is that the patent attorney wins at every turn. They write the patent. They defend the patent. They interpret the patent. They attack the infringer on behalf of the patentholder... and onlythe patent attorney really knows what's going on.
      There's nothing a lawyer likes more than a meaningless piece of paper that means exactly what they want at any given time. They get to chase down anyone with this broadly-worded piece of ____, and hold them hostage. Go to court, or pay licensing fees.

      --
      -- No sig for you!
    3. Re:Prior Art, Part MCXII by jd · · Score: 1

      Similar to my idea, only more vicious. I like it. :)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    4. Re:Prior Art, Part MCXII by Anonymous Coward · · Score: 1, Insightful

      The searches are not done by narrow-minded bureaucrats...blah blah blah...the examiners are all college graduates with degrees in technical areas. They have to search for prior art for 4-6 applications a bi-week and deal with the patent attorneys' arguements on an examiner's rejections which are based on prior art and the correct legal way of writing the claims.

      what I'm saying is that the problem is not with the examiners it is with the attorney's and applicants who claim their invention broadly and fish for specific limitations the examiner can't find leading the examiner in circles.

      the system isn't perfect, but it is the best we have.

  28. Now we know, rejoice my brothers by mboverload · · Score: 1

    Before we kind of knew they were clueless, now we have solid, rock hard proof of their incompetence.

  29. Re:But it SUCKS. by symbolic · · Score: 5, Insightful


    Don't forget that software patents are very new- they've only been allowed since about 1996 or so. They don't promote innovation at all - they stifle it. They allow the one thing that's bad for consumers- limited choice and a greater potential for vendor lock-in. They make it difficult for competition, since "licensing fees" could easily result in a net loss for anyone attempting to offer products or services in the same market. Since this provides patent holders with a larger captive market (not by consumer choice, mind you), there is less incentive to invest in things that matter- like providing good customer service and a good quality product.

  30. Remember the Justice statue -- blindness is .... by ankhank · · Score: 1


    Lawyers can in good faith (so called) patent things that are quite familiar to anyone who has had to live by knowing how to make things work, understanding how they function.

    The whole patent system is run by people for whom money is the only tool they've had experience enough to rely on -- rich kids of rich parents who went to expensive schools and make money because they can.

    Wait -- has anyone patented MONEY yet?

  31. Re:Remember the Justice statue -- blindness is ... by randallpowell · · Score: 1
    Does my application to patent "labeling a special right for temporary rights and control over development of concepts and/or physical objects that previously didn't exist".

    Yup. It's a patent on patents and copyrights. I win.

  32. "Regardless of legality" by Anonymous Coward · · Score: 0

    It's people like you that give the F/OSS community a bad name

    -Mark Denham

    1. Re:"Regardless of legality" by BossMC · · Score: 2, Interesting

      It's people like you that give the F/OSS community a bad name

      How do you figure? How do you know it's all F/OSS software that I was referring to? By posting on Slashdot, do I somehow instantly represent the F/OSS community? I don't think so. What I do think is that I get to use good software for as long as I wish. Go me.

  33. What's the difference? by Anonymous Coward · · Score: 1, Insightful

    ...between a computer and a firewall?
    All hardware these days are just computers with some different peripherals and stuck in a different box.

    1. Re:What's the difference? by Anonymous Coward · · Score: 0

      Idiot.

    2. Re:What's the difference? by Moofie · · Score: 1

      That moist "thwap" sound was the point hitting you in the forehead.

      --
      Why yes, I AM a rocket scientist!
  34. There is prior art! by Anonymous Coward · · Score: 0

    I used a program like this AGES ago. I remember working on SunOS back in 1992-93 using a program just like this... it was called something like visual trace route or something like that.

    Maybe someone else remembers this tool and can provide the prior art

  35. Doesn't an invention HAVE TO WORK???? by Zip+In+The+Wire · · Score: 1

    Identifying location by ip address doesn't work reliably. That's like bringing in an old can of rusty nuts and bolts to the patent office and saying "This is an interstellar probe, patent it biatch."

    Doesn't an invention have to work to be patented?

    Wouldn't it be easy to challenge this in court by simply doing a live demonstration of it incorrectly identifying the location of an ip address?

    1. Re:Doesn't an invention HAVE TO WORK???? by Omkar · · Score: 1

      Unfortunately not. Many perpetual motion machines have been patented.

    2. Re:Doesn't an invention HAVE TO WORK???? by Zip+In+The+Wire · · Score: 1

      It is my understanding that you need to have a working prototype. In fact I saw a show about a guy who was protesting that the patent office wouldn't patent his perpetual motion machine because it didn't work as he claimed.

    3. Re:Doesn't an invention HAVE TO WORK???? by Omkar · · Score: 1

      I just had a class with a pretty patent-savvy prof, and I asked him just the same question. He said the requirement's been scrapped since there's simply not enough time. He (Tom Lee, of Stanford, I think he founded Matrix Semiconductor or some such company. Generally a pretty ridiculously decorated guy.) is the one who told me about the perpetual motion patents, so that's my source. I'm as shocked as you are, but I'm inclined to trust my prof on this one.

    4. Re:Doesn't an invention HAVE TO WORK???? by Anonymous Coward · · Score: 0

      Actually, is quite common that psuedosciencesfrauds and such "products" gets patented. It's a big problem, cause many scamartist patent their product and use it as a salespitch.

      A patent often makes people belive it works ...

    5. Re:Doesn't an invention HAVE TO WORK???? by AndroidCat · · Score: 1

      First they have to get a valid IP address. How do they get one from an incomplete TCP session or a UDP datagram?

      --
      One line blog. I hear that they're called Twitters now.
  36. the burden of proof is on you by idlake · · Score: 5, Insightful

    but unless we can come up with a better system that will help promote the advancement of arts and sciences without trampling on the rights of inventors and creators, this is the only system we've got.

    There is no evidence that the current system promotes the advancement of arts and sciences, or engineering for that matter.

    In fact, quite to the contrary, in software, we have pretty clear indiciations that patents are not required for advancement in software, and that they may actually be harmful.

    The best thing to do would be to take a hard look at the patent system and figure out how it can be rid of the badly-working parts and how to improve the parts that work well. Then perhaps we can have a fair and equitable system of patents.

    We don't have unlimited time. Software patents have been around for only about a decade now and they are already causing lots of damage. The burden is on people like you to come up with a system that demonstrably works, or we really should scrap the entire system.

    Granting people and companies 20 year monopolies is something extraordinary. The burden of proof that this is something we should do is on people like you who want to keep some form of the system. If you can't come up with clear and convincing evidence, we should scrap it.

    1. Re:the burden of proof is on you by Anonymous Coward · · Score: 0

      Actually, in the US and other places where patents already exist, the burden of proof would be on the people who want to change the law and not the people who want to keep the current system.

    2. Re:the burden of proof is on you by Anonymous Coward · · Score: 0

      "There is no evidence that the current system promotes the advancement of arts and sciences, or engineering for that matter." - Guess it comes down to what you define "promote" as... I don't think that you would find many scientific corporations (any for that matter) ready to shell out millions on research into area x if they were unable to protect their interests... Yup, I am pretty sure that monetary gain through patents, and subsequent licensing of can indeed promote work these industries :)

      This is not to suggest I am an advocate for patents (in fact I am particularily against the patenting of genes). However while I agree that perhaps the duration of a patent, and indeed the rules governing the merits of a patent may need revision, I still understand the need to have such a system.

      Completely abolishing the system just won't work...

  37. Huff and Puff... by Anonymous Coward · · Score: 0

    Sorry, the way it works is this: We've got a system that, for better or worse, is what we've got. Unless you can show that it is responsible for more damage than would be suffered if the system were completely dismantled, the system will stay in place. Just because something isn't working 100% doesn't mean that it must be destroyed. That's engineer-thinking, and it's a wrongheaded way of approaching problems.

    The fact, after all this hootin' and hollerin', is that there are only a handful of patent-related lawsuits that are occuring at any given time, despite the vast number of patents. In other words, these little blips on the radar are insignificant and pretty much relegated to very special cases. That there are lawsuits arguing the validity of some patents shows that the patent and judicial systems are working.

    Scrapping the patent system is an ideology, it isn't a solution.

    1. Re:Huff and Puff... by top_down · · Score: 1

      You want to spend, or keep spending rather, lots of taxpayer money on the software patent system which creates monopolies by design. You owe a justification in the form of some proof to the taxpayers and consumers who you are taxing and burdening with higher product cost. Therefore the burden of proof is on you.

      And no, just the fact that this system is _in place_ doesn't in any way justify its existance. How did you come up with that one??

      Please show us that the positive effects of the system are real and not just wishful thinking of the special interests involved.

      And of course no need to show us that the system works 100%; where did you get that idea from? Just show us that it works i.e. that the benefits are greater that the cost. Give us some links.

      --
      Anyone who generalizes about slashdotters is a typical slashdotter.
    2. Re:Huff and Puff... by Anonymous Coward · · Score: 0

      The system is in place because it is the logical extension of a system that was in place before it. As you follow the heredity of the system, you will reach a point at which the root of the system was put in place with sufficient justifications.

      Systems grow to meet current demands. This is the way systems work. That a system exists is prima facie proof that the system's existence is justified.

      Is not a group of people who want to scavenge the work of creators for free also a "special interest group"?

      As for proving the worth of the system, the burden of proof rests on the shoulders of the ones who wish to change the system. The system, by its very existence, provides sufficient proof of its worth. Also, in addition to providing proof of the benefits of the scrapping of a system, sufficient consideration must also be paid to the disruption that such a dismantling of the current system would have on all involved parties.

    3. Re:Huff and Puff... by top_down · · Score: 1

      the logical extension of a system that was in place before it

      Software is very much like knowledge and unlike 'normal' goods in that it has a zero marginal cost. So the 'logical extension' of the system would have been to make all programmers scientists :-) Not that I advocate such a solution.

      [...] you will reach a point at which the root of the system was put in place with sufficient justifications.

      I'm sure you can dig them up and provide them to us as evidence.

      Systems grow to meet current demands.

      When left unattended systems will grow to meet the special interests of those involved. If you want it to serve the general interest then you better keep a very close eye.

      That a system exists is prima facie proof that the system's existence is justified.

      A bold statement. This suggests that there is some kind of selection mechanism that weeds out the unjustified systems and/or strengthens the justified ones. Think natural selection or market mechanism. Those don't apply in this case so what would that selection mechanism be?

      Is not a group of people who want to scavenge the work of creators for free also a "special interest group"?

      It sure is. And there is no reason why those who profit shouldn't pay. But with the software patent system the consumers are paying, the taxpayers are paying and most of the creators aren't profiting but suffering.

      We should implement a system that really rewards creators and without these silly monopolies.

      --
      Anyone who generalizes about slashdotters is a typical slashdotter.
    4. Re:Huff and Puff... by Macadamizer · · Score: 1

      "We should implement a system that really rewards creators and without these silly monopolies."

      And what system would that be?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    5. Re:Huff and Puff... by Anonymous Coward · · Score: 0

      "That a system exists is prima facie proof that the system's existence is justified."

      What a ridiculous statement. That's like saying because murderers and rapists exist, that they're existence is justified and we shouldn't try to change the way things are.

      The argument's already been made for the side of "ditch patents". This article is proof of the fuck ups.

  38. rubbbish by dmiller · · Score: 1

    Calamaris is still available.

  39. NO, the patent doesn't apply to Visual Route by scsirob · · Score: 1

    Read the patent claim. It specifies "Using a Firewall". VisualRoute does not use a firewall, so they have nothing to fear.

    --
    To Terminate, or not to Terminate, that's the question - SCSIROB
    1. Re:NO, the patent doesn't apply to Visual Route by samjam · · Score: 1

      What about using something that uses a firewall, something like:
      libusesfirewall.so
      or
      usefwall.dll

      ? I wonder.

      Or maybe:

      libdoesntuseafirewall.so

      and then a "third" party releases:
      libdoesuseafirewallreally.so

      implementing the same convenient function calls.
      Sam

    2. Re:NO, the patent doesn't apply to Visual Route by KontinMonet · · Score: 1

      And what is the USPTO's definition of a firewall? Does the USPTO have a convenient glossary wherein it is made very obvious when any other system does or does not constitute a firewall (or part thereof)?

      I suspect the writs will fly anyway.

      --
      Did he inhale?
    3. Re:NO, the patent doesn't apply to Visual Route by bit01 · · Score: 1

      Read the patent claim. It specifies "Using a Firewall". VisualRoute does not use a firewall, so they have nothing to fear.

      WTF did a specific instance (geographically mapping incoming connections on a firewall) of the common existing case (geographically mapping all connections on a general purpose computer) even make it past a first reading at the patent office?

      It's so bad I'm starting to think the patent office examiners are being paid off. With the stroke of a pen the gnomes at the patent office get to decide the outcome of multi-million dollar businesses. There needs to be much more accountability.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

  40. Doesn't anyone learn anything from Firefox/linux? by Anonymous Coward · · Score: 0

    Just because it's patented doesn't mean open source bs crap has to actually follow any legal rules, I mean cmon its developed by a crapload of anonymous aliases on the internet with the sole intention of defying any legal nonsense bullshit.

    So effectively open source crap doesn't have to give a shit if anyone legally owns anything, they just do whatever the fuck they want.

  41. Great timing! by DrJimbo · · Score: 1

    Since Poland managed to delay the EU decision on software patents for about a month, this patent may backfire big time. It will serve as another great example of why software patents suck and it may be the straw that breaks the back of software patents in Europe.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
    1. Re:Great timing! by Rattencremesuppe · · Score: 1
      It will serve as another great example of why software patents suck and it may be the straw that breaks the back of software patents in Europe.

      I don't think so. Folks who are involved in software development already know that S/W patents are bad, but the people in charge don't have a clue (and don't give a sh*t anyway).

  42. be very afraid by edward.virtually@pob · · Score: 4, Interesting

    Can someone still release an open source GPL product that does the same thing as McAfee's deal and be untouchable?

    no, and existing programs aren't really safe either -- the "prior art" defense is mostly a fantasy. in a legal battle between the typical large corporation and the typical freeware developer, the latter will be living in the street LONG before they can use the "prior art" defense -- assuming they have a good enough lawyer to successfully use it, and a judge that will accept it. some of us have been screaming about the danger of software patents to the right to program since the mid-90s. pity nobody paid attention then. too late now. hang on to your tar bundles, because sooner than you think you won't be able to get them anymore. at least in countries with software patents -- the us, the eu, etc.

  43. Please by ceeam · · Score: 1

    US lawyers, do us all a favor and legalize yourselves out of existence. Please?

    1. Re:Please by Anonymous Coward · · Score: 0

      maybe some company could patent the usage of lawyers for the patenting of software? That may drasticly decrease patenting innovation and the number of pattents filled.

  44. Logical progression by 16K+Ram+Pack · · Score: 1
    Sometime, someone is going to start setting up hosted software in countries outside of patent areas to get around a stupid patent.

    I can well imagine some OSS projects being based in certain patent-free countries, and developers outside making anonymous contributions.

  45. Good lesson for Europe! by rembert · · Score: 1

    Software patents suck. Now it's proven again. It only gives power to the rich. If I had created a small piece of software just to do something like a visual createroute about some years ago - not unimaginable as a usenet google-search on 'visual traceroute' showed messages dating back to 1991! - I might just run into trouble. When McAfee orders me to stop spreading my software, then I just have to obey. I don't have the funding to battle this patent, although I'd probably win the case. What's the invention anyhow regarding a visual traceroute. It's the result of very trivial thinking - just read back the messages on usenet. It just shows how insane software patents really are - again.

  46. IP Addresses per Country - Will this work? by justinmc · · Score: 1

    Wait now - this will trace the IP Address to physical location? But what if I work in a company with my HQ in the US. I get a B Class of IP addresses and break it up internally across the world. Thus even though the IP address is registered as US the user could be in Germany and could be accessing the Internet through Cork? Thus the trace gives the location of the 'Owner' of the IP range, but this may not be the physcial location of the user! Think about it!

    1. Re:IP Addresses per Country - Will this work? by pe1chl · · Score: 1

      You are right: in the general case this just isn't possible. I have an IP address that is always resolved as "San Diego, California" but actually it is in the Netherlands, Europe.
      When looking up a cable or DSL address you usually get the address of the ISP head office instead of the particular customer, and this could be very far off in a large country.

      However, there are companies that now offer mor exact location service per individual IP address.
      They keep a database that relates IP address to postal code an telephone number of the owner, and can even verify that a specified bank account number belongs to the customer at that address.
      This is used for marketing purposes and to facilitate payment systems for webshops.

      Of course it is a suspicious development, and with a good ISP you can opt-out of such a system.

    2. Re:IP Addresses per Country - Will this work? by vidarh · · Score: 1
      Ignoring the comic idea of your company getting a class B these days, yes, you are right, there is no guarantee. The companies and organizations building databases for this tend to start out with the ARIN/APNIC/RIPE databases and massage the data a lot by creating huge lists of exceptions, which obviously won't cover companies that spread their IP space out without making the fact known (for instance like ISP's that use blatantly obvious contractions of location names in DNS).

      Combine that with tracing the route and applying some common sense heuristics to the path, and you can get pretty good results.

      But of course the moment you hit a corporate firewall somehere, and there are no clues in DNS, all bets are off about the routing after that.

    3. Re:IP Addresses per Country - Will this work? by AndroidCat · · Score: 1

      Considering the UDP datagrams and even TCP requests that hit my firewall claiming to be from bogon-space, I wish them luck tracing forged IP addresses to the Martian Embassy. (A complete TCP session would be extremely difficult to forge, of course, but that's not what their "personal firewall" will be logging.)

      --
      One line blog. I hear that they're called Twitters now.
  47. wrong by idlake · · Score: 1

    Actually, in the US and other places where patents already exist, the burden of proof would be on the people who want to change the law and not the people who want to keep the current system.

    From a practical point of view, you are right: it will require extraordinary effort to get rid of the current system. That's not because it there is any rational justification for that, it's because there are lots of special interests that want to keep the current system--it's a multi-billion dollar handout from taxpayers to special interests.

    But that doesn't change the burden of proof: people who want to have laws that grant 20 year monopolies to companies ought to be able to justify that choice, at all times. If they can't do that, the law needs to be abolished.

  48. More data on the prof by Omkar · · Score: 1

    http://www-smirc.stanford.edu/tom.html. He taught an intro seminar called "Things about Stuff" that basically dealt with the stories behind EE inventions.

  49. sig by Cryptnotic · · Score: 1

    Will slashdot ever drag itself into the year 2005 and provide the ability to edit posts?

    I have a feeling they argued about this for a while, but decided that letting people correct their spelling mistackes and reword their awkwardly-worded phrases wasn't worth the trouble of rerendering the static pages. Not to mention all the weirdness that would occur if a clever troll posts something that is insightful, has it modded up to +5, then replaces the text with either goatse guy or a GNAA press release.

    --
    My other first post is car post.
    1. Re:sig by Tim+C · · Score: 1

      That last will be the main excuse/justification, I suspect. Recreating the static page is hardly a problem at all - it has to be done for each newly posted comment anyway. There's just too much scope for abuse if editing comments was allowed, unless there was some sort of convoluted "view all previous versions" system in place.

    2. Re:sig by babybird · · Score: 1

      letting people correct their spelling mistackes and reword their awkwardly-worded phrases

      Thank you for that, that made me chuckle. :)

      --
      Keith D.
    3. Re:sig by TheRaven64 · · Score: 1

      Or, more simply, just nullify any positive moderation (but keep negative moderation) on edited posts. And ensure that metamoderation views the version of the post that was moderated or doesn't see old moderations at all.

      --
      I am TheRaven on Soylent News
    4. Re:sig by ajs318 · · Score: 1

      While you're at it, disallow AC posts in any discussion until a logged-in user has posted something. And maybe introduce a meta-meta-moderation scheme, where meta-moderators who meta-moderate badly {e.g. M2-ing an offtopic "first post" M1-ed offtopic as unfair} have to wait a bit longer for their next meta-moderation access.

      --
      Je fume. Tu fumes. Nous fûmes!
    5. Re:sig by symbolic · · Score: 1

      The last isn't even a problem - if any editing is limited to the first 5 minutes or so after the post, AND any mod points are forfeited, this would seem to address the concerns that people have raised.

  50. In other news by beeswax · · Score: 1

    In other news, Microsoft got a patent for "breathing oxygen".

    We are doomed.

    1. Re:In other news by hazah · · Score: 1

      Thankfully, I already own the patent for "breathing AIR and then extracting oxygen from earth's atmosphere using a pair of lungs." This one's GPL'd though, so breath easy.

    2. Re:In other news by Anonymous Coward · · Score: 0

      Microsoft got a patent for "breathing oxygen"

      Don't be rediculous. The Borg doesn't need to breathe.

  51. We already had such a system by tkrotchko · · Score: 1

    "but unless we can come up with a better system that will help promote the advancement of arts and sciences without trampling on the rights of inventors and creators, this is the only system we've got."

    Software has only recently been considered patentable; in fact the largest body of computer work by far was done before software was considered patentable.

    There's so many it would be foolish to list...real, actual advance...

    job scheduling
    protected memory
    lossless compression
    mice
    dynamic RAM
    static RAM
    virtual memory
    networking
    traceroute
    many many many sorting algorithms

    I mean, you could list them all day, and all of them came before software patents.

    By contrast, Since software patents, we have....

    One click shopping
    traceroute (?????)

    When I hear people say stuff about software and patents, it makes me think they either have no understanding of the history of computers, or they're very young.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  52. Big picture by Znort · · Score: 0

    How about another perspective, like market protectionism first ?

    This is not another conspiracy theory but I seems unlikely that the whole patent office is run by complete morons. Right ?
    So why would those educated people grant such patents ?

    Well, the US is the software dominant player and wants to stay on the top. With all the rising countries like india and china the best way to protect America's interest is to patent everything possible localy and apply it to the rest of the world. Just look at the lobbying effort to get software patents in europe.

    To get back to market protectionnism, patent will allow american compagnies to collect royalties on any foreign software that might run in the US. Maximum return on no R&D inverstment, the jackpot !!

    Just follow the money ...

  53. Symantec holds the N/w Intrusion detection patent by syrinje · · Score: 1
    Not surprising that McAfee has done this - all of the companies in the security space are scrambling to patent their IP in the hope of gaining a competitive advantage and/or additional revenue streams from technology licensing. Of course, many of these cannot be enforced - prior art exists for most of the technology either in a ademic publications or in some cases in fiction and in the movies!

    Another example is the signature based dynamic NIDS patent that Symantec acquired through an acquisition. This is the exact same technology that is used by all of the network IDS systems today, with minor variations. It is reasonably obvious - separation of signatures into a data file instead of embedding them into the code. The generic concept of data-driven processing itself will probably provide prior art.

    As more and more companies seek to cash in on the bonanza driven by increasing security paranoia, this trend is unlikely to wane in the near future.

    --
    See that long UID - that's what you get for lurking too long
  54. +1 by dustmite · · Score: 1

    Insightful/informative .. this is precisely what it's about, I've been saying this for a while.

  55. Government by bribe ... by quarkscat · · Score: 3, Insightful

    The same problem that is readily apparent to any /.er about the USPTO exists within the FDA, the SEC, etcetera. The massive push to (a) de-regulate industry and (b) fund government oversight organizations through user fees has totally skewed the relationship between government and industry. More "user fees" means more money for government agencies that they have not been getting from the Congress. IMHO, this is also a big part of the reason why the US government appears to function on behalf of industry instead of its citizens. The USA's democracy has devolved into a "government by, of, and for the corporations" instead of "the people".

  56. OK, i have heard enugf by lineman60 · · Score: 0

    so besieds wirting letters, what else can we do to fix this problem? looking for seirous ideas. who would patent reform start with, from where? btw: i now have a pantent on phentic spelling ;-)

  57. Re:prior art? Gtrace by Stephen+Samuel · · Score: 1
    We're getting pretty close with Gtrace, which apparently was shown at the Usenix Lisa '99 conference, which would put it about 2-3 years ahead of the McAfee application. Now, granted: It's attached to traceroute (outbound), rather than firewall (inbound) connections. On the other hand, it's designed as a front end to traceroute, I'd say that it's a pretty obvious modification to attach it to a firewall output instead, and may even be mentioned in their paper (haven't had time to read it).

    This was found with a 10 minute search on the 'net. I remembered having something similar on RedHat 5.2. Interesting thing is that it was added to freshmeat.net about 10 days after McAfee patent application was filed.

    --
    Free Software: Like love, it grows best when given away.
  58. I am so tired of the patent offices. by cheftechjay · · Score: 1

    It has a growing use to simply legal commit anti-trust anti-competitive practices to keep out small buisnesses and also startups from getting anywhere. There is no American dream anymore.

    1. Re:I am so tired of the patent offices. by Anonymous Coward · · Score: 0

      > There is no American dream anymore.
      No, they just make sure it stays a dream.

  59. ...with a computer by SgtChaireBourne · · Score: 1
    Yes, thankfully the EU has not legalized software patents yet. However, Berlusconi's wife and other minions of MS / Hollywood on the EC are still trying to sliding it under the door, and will probably do so weekly until the issue is killed once and for all.

    This next attempt will be via the External Relations Council next Monday (31 Jan 2005).

    Until sw patents politics are dead, dead, dead, in Europe, we'll have to hear about firewall patents, boolean logic patents, modula patents and anything else that fits the formula "... with a computer". This hits not just designers and developers but actually any one even using a computer.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  60. In other news by tod_miller · · Score: 1

    Microsoft go one better and patent network topographies, frames and packets, then follow up by having a scottish-sounding trademark missappropriated to them by 'accident'.

    Apple come out and patent multi-coloured cabling and cable ends.

    IBM come out and patent the all metals in the periodic table, including TCP - twisted copper pair, and new element.

    SCO claim that Adams signed over the rights to Eden, and start suing all carbon based lifeforms.

    A small new zealand company finds that it invented fiber optics, and sold them to amazon.

    Google threatens all above companies with having this gmail accouts revoked if they dont play nicely.

    Penny Arcade run a strip about how annoying it is when your girlfriend is better at a game than you are.

    Funny thing was, last night I wondered, at which level do firewalls work? at the level of the system library? the rawest sockets? sockets == software, nothing more special than that...

    Perhaps Windows itself screws over this patent... McAffffe33es (however you spell it!) bosses when the phone rings... sir, its that monkey boy, and he doesn't sound happy...

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  61. In Poland... by tod_miller · · Score: 1

    In Poland you Firewall isn't patented!

    Not quite catchy, but I love Poland, and I am going there on holiday, and I am going to hug some polish people and cry real tears on thier shoulders, and maybe do the dirty with some fit lesbo polish teens.

    nice

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  62. Why don't we go back to NDAs? by r6144 · · Score: 1
    In many fields, including software, there are just so many potentially useful ideas that any idea is unlikely to be thought of (let alone published as prior art) beforehand, instead many of them are just discovered when one stumble upon a problem where such an idea is actually useful. For example, it may not be hard to see that it is a good idea to use data structure A in problem P, once one sees the problem, but probably no one will think of that idea before problem P actually becomes a problem that needs solving. In such cases, if the first user of the idea tries to patent it, there would be no prior art. Of course it is usually quite obvious, but obviousness is not something people can agree on. Even the most ingenious ideas/inventions are often obvious to those (like one of the GCC core hackers, including the inventor) who just have a better understanding of things, and people with ordinary skills in that field (like the average code monkey) simply don't understand things that thoroughly, so it is nonobvious to them.

    Because of these reasons, patent law is awkward and vague and hard to enforce when applied to software and various other fields. It introduces much uncertainty, since the patent holder himself often do not have much confidence in whether their patent will be upheld in court. We do not need even to consider the balance of rights between inventors and the general public --- such uncertainty is bad for both parties.

    So why don't we just scrap patents in such fields and use NDAs instead? After all, patents are supposed to be used against people who copies the inventions after seeing it (so you can in theory make them sign an NDA before letting them see the thing), and independent inventors really should not be punished. In fields such as pharmacy, where it is difficult in practice to make every buyer sign an agreement stating that they will not copy the medicine by analyzing the contents of the pills, patents might be somewhat more enforcable, but in other fields such as software, where NDAs are already a common practice and patents are awkward, it is hard to find a reason to allow for patents there.

  63. Prior art by sofar · · Score: 1


    Here's what I think covers the patent:

    METHOD for determining the geographic location of an intrusion attack

    I claim

    1. A firewall is a mechanism for detecting and blocking a incoming network package

    2. Said firewall detects and records the attempt of an unauthorized network connection to a system(s) connected to the internet (Patented and invented by Al Gore)

    3. Using a Traceroute (patented by Holmes, Sherlock, historical patent: how to track intruders when they leave their home address), the true identity of the perpetrated perpetrator

    4. Using mapquest (patent pending by National geographic maps and charts) or yahoo maps (not the ones in your car) We track down the approximate location of this originating origin

    5. Mapquest or yahoo maps plots the location on a digital screen or physical piece of paper using the patented ink cartridges from Lexmark

    ---

    I hereby declare that I've been using this method as long as I have been a system administrator. I am in obvious violation of this patent, and claim that this is so incredible trivial that even my mother could have thought of it. McAfee: sue me (oh shit I live in Europe... dang)

  64. i filed a patent too by Anonymous Coward · · Score: 0
    I patented intelligent thought, including things such as "consideration for longterm effects on society" and "how not to act like an asshat."

    Sadly, there's no one for me to sue for patent infringement - this invention seems terribly unpopular. :-(

  65. I wrote and distributed prior art in 2001 by Diesel+Dave · · Score: 2, Informative

    I developed an distributed advanced firewalling intrusion detection appliance, with realtime event alerting, tied to a monitored service that provided a (server side) web based report generation engine.

    This commercial product was developed in August 2001, and the specific event related ip info/trace type features that exactly match this patent (minus the 'map' image) were implemented into the report generator no later then the 2nd week of January 2002, immediately put into production for all current customers to access, and specifically demonstrated to a potential customer withing days. This falls before the February 8, 2002 application date of this patent.

    Anyone looking to make a formal challenge to this patent contact me. dcinege ****AT*** psychosis dot com

    1. Re:I wrote and distributed prior art in 2001 by Anonymous Coward · · Score: 0

      'diesel' Dave 'Kill a cop' Cinege?

      Tell the slashdot crowd about the little stunt that you pulled by dedicating the Linux Router Project website to that freak you call a hero.

      You know, one Timothy McVeigh?

      Tell the slashdot crowd about that day, followed by the mass exodus from LRP the following day- leading to the formation of the new LEAF embedded linux distribution...

      I consider it a genuine shame that a person with a spark of brilliance has been so screwed up by bad judgment. Psychosis indeed.

    2. Re:I wrote and distributed prior art in 2001 by Anonymous Coward · · Score: 0

      You realy ought to contact the eff, they would probaly take up your case for free. Electronic Frontier Foundation, either them or the national lawyers guild, good luck

    3. Re:I wrote and distributed prior art in 2001 by Anonymous Coward · · Score: 0

      Why is it you always find people, that have accomplished nothing remarkable, that seem to follow around and post trash on someone that has accomplished something remarkable, and always end it with "they're brilliant BUT"?

      Maybe you're just incapable of understanding a brilliant person. Ever think of that?

      If he's got a psychosis, I think you've got a neurosis. :-)

  66. Frightening by salesgeek · · Score: 1

    Patents involving making computers more secure seem to be patently not in the public interest.

    --
    -- $G
  67. Perhaps this is the new 'American dream' by andrewweb · · Score: 1

    Step 1. you are the little guy/established company/mega-corporation

    Step 2. you have a good idea (nothing more) and patent it
    or
    Step 2. you take an idea in common use that isn't patented - and patent it
    or
    Step 2. you take an idea in common use and apply for a laughably generic patent in the broadest terms possible that covers this idea - and get it

    Step 3. you attempt to claim royalties/licenses on your 'invention'

    Step 4 would be profit, universal condemnation, lawsuits - or perhaps a combination of all 3 I guess..

  68. Prior Prior Art by Anonymous Coward · · Score: 0

    Or even Sneakers from 1992..

    http://www.imdb.com/title/tt0105435/

  69. Patent System by uisqebaugh · · Score: 1

    The problem isn't software patents, per se, but a broken patent office. And all a rival hs to do is either establish prior art and/or "obviousness" of the invention, and the patent will be deemed invalid. So, go ahead and use it, and if McAfee uses it, watch them lose quickly. It doesn't matterh ow powerful their lawyers are, because a few examples of prior art will cause McAfee to lose the money the spent on the patent in the first place. This is the same game with any patent, not just a software patent. As a silly example, if the USPTO were to grant a patent on the tire, and you were to make a vehicle with a tire and get sued, then you could show that tires were already in use long before. Remember the water bed? It's patent was denied because someone showed that it was already described in Heinlein's "Stranger in a Strange Land."

    1. Re:Patent System by Anonymous Coward · · Score: 1, Insightful

      The problem isn't the broken patent office, it's the broken patent system.

      Morons can't screw up if you don't give them the power to screw up in the first place.

  70. As a sign of civil disabidience by jago25_98 · · Score: 1

    someone post a script that ties

    `iptables mark` with `traceroute` and the proper way to achieve http://www.ip2location.com/?s=google

  71. Re:prior art? No. by Anonymous Coward · · Score: 0

    Techniaclly there is a slight difference. A patent must be: novel (no prior art), and non obvious (to an engineer)

  72. too late by Anonymous Coward · · Score: 0

    When all these companies rely on the patent system as a business model it just means patent reform will put a hundred thousand ppl out of work. Not the lawyers, /we're/ the ones who get the axe - but the government won't lift a finger if it means massive job losses.
    I'm not sure exactly why, I don't think it's just the 50% of 100,000 * yearly income they end up with either... No politician wants to become so unpopular or something.
    I dunno it's early and I don't care.

    1. Re:too late by game+kid · · Score: 1
      patent reform will put a hundred thousand ppl out of work.

      Apparently they've already been downsized.

      --
      You can hold down the "B" button for continuous firing.
  73. Edit box. by TapeCutter · · Score: 1

    Never mind changing posts, what about enlarging the pokey edit box used to write them.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  74. not another one by C0d1ngM0nk3y · · Score: 1

    To quote Buffy: 'where do i start with the bad?' Source code is langauge, language and text should be covered by copywrite, not patents. Patent laws are being abused by large industries lobying law makers for the sake of trying to corner the market and make more money. Now they're trying to get the EU law to comply to the american law and make the patents global - huh, good look trying to enforce those patents in China. If they're enforced, the only thing IT patents will do is stifle technical innovation. If they're enforced: remember the fuss a while back about GIFs? That died out pretty quickly.

  75. Additional Prior Art. by lucason · · Score: 1
  76. Re: Why McAfee? by Anonymous Coward · · Score: 0

    The real question is why anyone would buy anything from McAfee in the first place.

    Because Norton has such high rates of stillborne installations with the amusing feature of hosing the PC even after Norton is "removed." I work in the banking IT industry and Norton has become the kiss of death for so many due to how it seems to get mangled on a PC and require a complete reinstallation of the OS to get rid of it. After this process, many end up banning Norton from their shop. (In December last year, I heard the first instance of Norton being used as a verb - e.g. "that machine is nortoned" - to describe the state of being totally screwed by maladjusted antivirus and personal firewall software). McAfee was a known alternative.

    After confirming this news on McAfee's taking credit for other peoples inventions, I will recommend to all my clients that McAfee be also put on the ban list. There are enough other solid products, such as Avast, that they can use.

    Any company that tries to steal from the creative commons should be shunned by competent IT professionals. Pass the word today if you care about this: rip Norton products out, ban their purchase and let them understand that intellectual property theft ala bogus software patents has a real downside. The more businesses like this can be shunned, the more possible it will be that this theft will be curtailed.

  77. Ownership... by TapeCutter · · Score: 1

    Talking philosopically as opposed to legally. If I thought off and implemented this independently, I still can't use it without paying dues to the owners of my independent thought?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  78. I worked for McAfee... by Anonymous Coward · · Score: 1, Informative
    ...and although the genuinely technical people there were very, very good, the management really fulfilled every blundering PHB stereotype you could imagine. To be fair the real problems started after NAI (Network Associates) took over.

    They engaged in what I might politely describe as highly questionable activities (questionable legally and ethically); sadly, I can't go into any details for legal reasons. Suffice to say I'll never knowlingly give them money again, and that goes for the large corporate org whose IT spend I now control. It felt like a weight had lifted from my shoulders when I left - actually one of the only times I've left a job over my personal opinion of the company.

    In particular, there was a patent bounty program; everyone was encouraged to come up with new ideas for patents. There was an internal group dedicated to taking technical ideas and expressing them in the appropriate patent legalese. Many of my co-workers got fat bonuses for wondering whether (trivial, obvious idea x) had yet been patented.I guess this system is still in operation.

    One thing they did do for me: a classic PHB type argued with me that Slashdot just didn't matter, no-one read or posted to it except pathetic, powerless geeks (ie., not managers - the only people who mattered to this fool.) I was so determined to get him to eat his words that I started keeping a list of posters' assertions about their backgrounds, or projects they were working on; I now have a fascinating list of hundreds of astrophysics PhDs, founders of major projects, people with interesting life experiences and.. yes... actual senior management people. Geeky execs, granted, but execs nevertheless ;)

  79. Oh damn by dtfinch · · Score: 2, Interesting

    Even I've written prior art on that, in 2001. The connecting to a firewall for realtime traffic data, intrusion detection, and displaying their locations on a map using reverse dns and whois part. And I was just imitating another product made years before.

  80. Patents, blah blah, established system, blah blah by Anonymous Coward · · Score: 0

    Wow, how insightful.

    Your post basically says, "the patent system has good and bad points, so let's try and keep the good things, and get rid of the bad things."

    Any ideas? Your post really says nothing. It's like reading one of those press releases that give no useful facts about the product.

  81. Etherman/Netman by goatbar · · Score: 1

    This is basically Etherman with the nodes placed geographically (which is nothing new either). To the USPO, WTF? Etherman has been around since 1993. It is too bad they never released the source. Those guys in Australia wanted $1000 for the source. As a result an awesome tool fades into obscurity. The free binary version of this program was a life saver for to help manage network problems with some NASA mars rover practice missions in 1996 and 1997.

  82. Lawyers are Parasites by WindowsWasher · · Score: 1

    In the end, the meek shall inherit the earth.

  83. If The United States Were an Operating System.... by Anonymous Coward · · Score: 0

    What would you do?!

  84. I think prior rights has this nailed by digitalgimpus · · Score: 1

    Ping
    Traceroute

    There have been dozens of tools. Just scan one of the many software archives around full of freeware/shareware (download.com, versiontracker.com, tucows.com, etc. etc.)

    This is hardly a new concept... and definately there are prior arts.

  85. Re: Why McAfee? by pete6677 · · Score: 1

    We banned Norton from our IT shop due to the outrageous fees they charge in addition to the horrible installation and configuration problems and complete lack of technical support. Symantec is a company that is living off of the old Norton reputation and it's days are numbered.

  86. Endind the patent system. by lasermike026 · · Score: 1

    It is time to organize and work to dismatle the patent and ip system as we know it today. The EFF would be a nice org to start "the work". Maybe another org that is singularly focused on Patents/IP legal issues would be better. This is a large undertaking but what are you going to do? You have to start somewhere. And think of it like this, you get to go to war with "The Empire", Darth Vader, and all. To use another movie reference, "It's time to go to the mattresses."

  87. Figures... by st0rmshad0w · · Score: 2, Interesting

    This from the people who make you dependant on IE for antivirus updates. Absolutely unbelievable.

  88. The triumph of evil... by Spy+der+Mann · · Score: 1

    Oh man, this could happen only in America, baby!

    I'd hate to say it, but maybe this is also our fault for choosing NOT to participate in politics. I feel as if the geek community was some kind of Amish guys in their computer farms, and then wham. Here comes the government and there you go. (Funny, didn't that happen to the hobbits in the shire, too?)

    As much as you dislike it, you guys should start participating. Get organized, talk to the candidates, tell them about the patent problem.

    The internet has grown, we can use this to our advantage. Start groups named "no software patents in [your city here]", maybe sign up at meetup.com, etc.

    Because if all we do is rant about boo-hoo mommy the big bad guy patented my ideas, you're not getting anywhere.

    I don't live in the US, but many of you do. And you better hurry because things are only getting worse.

    "All that is necessary for the triumph of evil is that good men do nothing".

    1. Re:The triumph of evil... by Anonymous Coward · · Score: 0

      As much as you dislike it, you guys should start participating. Get organized, talk to the candidates, tell them about the patent problem.

      Which of the candidates in the recent US presidential elections were against software patents?

      IIRC they were all for them. Even the Slashdot idol Badnarik.

    2. Re:The triumph of evil... by Spy+der+Mann · · Score: 1

      Which of the candidates in the recent US presidential elections were against software patents?

      I don't know, but that's your job. Besides I wasn't talking about the president. I was talking about the congressmen and senators.

  89. My Dick by Anonymous Coward · · Score: 0

    1. I'm going to patent my dick as:

    "...a {small} device for facilitating impregnation of ova and creating new people."

    2. *ALL* you bastards (and non-bastards) owe me royalties.

    3. PROFIT?

  90. Reasonable Price by Anonymous Coward · · Score: 1, Interesting

    "Lazar said piracy has cost the Redmond-based company "billions of dollars over the past 10 years," but he would not be more specific."

    Ok, there are enough posts that say for 150 - 300 dollars for an OS is resonable. Now consider that it was release in 2001. So the expiration is?? 2005 or 2006? I have seen XP pro for 150-199 for an upgrade (an upgrade people). Now that OS is going to be outdate in a year or two. How is a full price OS that will expire in a year or two resonable.

    Tips to Microsoft:
    1) Charge a price that is reasonable:
    a) For an OS
    b) For an Office Suite
    2) Lower a price for a product that is at the end of a life cycle.

    As for MS promise to support an OS for 10 years. Well thats pure hog wash. Look at w2k; they decided not to release SP5 for it. Only a patch here or there will trickle in for said product. A single patch here or there never gets the die hard test of a SP. Odds are that the time between patchs will get longer and longer. So users have no choice.

    Yes, I am aware that they cannot support a product forever. However, w2k was put on the scrap heap in 2002/2003 in favor of XP. There was 2 years left before it expired. No new feature enhancements like SP2 for XP. They could have postponed the the relegation of w2k on the 4th year.

    Same thing happened to NT and eventually XP.

    The greed is just digusting, IMHO.

  91. A way to strike back by kingjosh · · Score: 1
    There really is a way to strike back! Start a non profit company and simply file for unpatentable patent after unpatentable patent and give them back to the community!


    This would accomplish two goals, first it would protect those items that the non profit group does patent, second it would increase (greatly if the group grew in size) the amount of requests the USPTO would receive, and may actually cause them to hire someone who understand software to throw out these clearly unfair patents.

  92. Why not? by Anonymous Coward · · Score: 0
    In the same train of thought: could one patent a "Method of encoding a self-replicating computer program", release it under a non-transferrable license, and then sue the crap out of everyone who gets infected?

    They may as well, since the courts allow the very same thing in the case of genetically modified agriculture.

  93. Patent this by bitswapper · · Score: 1

    I'll patent ranting, and sue you all.

  94. dooms day? no way by PacketScan · · Score: 1

    can we say prior art.

  95. fear by ColeNielsen · · Score: 1

    I recently switched from Windows to Linux and on my old windows system I have been using NeoTrace && NeoWatch for YEARS! Ironic that McAffee bough out NeoWorx a few years ago which gave them the right to, IMHO the best windows firewall and traceroute package available. Crying shame that they are also going to destory what was good software.

    Cole

  96. USPTO by Anonymous Coward · · Score: 0

    So one of the few thousand patent examiners makes a mistake on one of the millions of applications it deals with...sorry people aren't perfect

  97. Stupid BORKEN idea that doesn't work! by AndroidCat · · Score: 1
    (d) tracing at least one of the traffic events utilizing the firewall; and

    It doesn't work! The IP addresses of packets arriving at a firewall have no guarantee that they're really from that address. If it's a handshaking protocol like TCP, and if you open the port, let the syn/syn-ack/ack proceed, then you can trust the IP address--but that would be a strange thing for a "personal firewall" like McAffee to do on a blocked port. It definitely doesn't work for UDP IPs which are forged all the time.

    Perhaps this patent can be booted just because their "invention" doesn't work as promised?

    --
    One line blog. I hear that they're called Twitters now.
  98. Re:I'm a little afraid by AndroidCat · · Score: 1
    Can someone still release an open source GPL product that does the same thing as McAfee's deal and be untouchable?

    Why duplicate an idea that doesn't work? (I thought an invention or idea had to work to be patentable?) My comment

    --
    One line blog. I hear that they're called Twitters now.
  99. If the invention is obvious... by Anonymous Coward · · Score: 0

    then it is not novel and is unpatentable, whether or not there is prior art.

  100. Self Destruction by Vivski · · Score: 1

    This patenting rubbish is going to aid the self-destruction of the USA. Banning US companies from using basic patented technology without paying for the right is just going to destroy any semblence of competition. The only way for competing companies to get back is to acquire an equally stupid patent for something critical to McAfee's software. The patenting system can work. Intellectual property should be protected, but please, some common sense. No life, no software, no general patents. A little brain power goes a long way.