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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?"
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
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
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.
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?
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.
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.
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.
Works for monsanto.
I'm guessing that wasn't on their radar screen...