Bonum Certa Men Certa

Trend Micro's SCO-esque Business Model Backfires, Acacia Sued for Defamation

Revenge against the patent trolls and harassers

The last time we wrote about Trend Micro (see previous post for contextual references and background) it was shown that the company was clueless when it comes to Free software. At the very least, this characterisation neatly applies to the company's leader, who is also a software patent holder. Watch what's contained in this new interview at The Register.



Trend Micro’s CEO threw down the gauntlet to her competitors last week, proclaiming that hackers are ahead of the game and that the anti-virus industry “sucks”.

[...]

Changes in the malware landscape have led to the creation of multiple variants of different malware strains and targeted attacks. Traditional top down command structures for antivirus distribution are struggling to cope. Trend Micro had little choice but to invest in the new technology. However Chen, who has five patents to her name, admitted that investors nervously questioned her risky decision.


According to this, unless it's misinterpreted, the combination of a new technical strategy and milking of competitors using junk patents was Trend Micro's new business plan. In other words, Trend Micro, realising that its product was no longer effective ('snake oil'), decided to adopt an SCO-like licensing strategy. It also raves about some cross-licensing with IBM, as its it's a form of legitimacy.

To make matters worse for Trend Micro, prior art is cropping in, so patents could soon be invalidated and a blunder ensue. Think of this as the equivalent of Novell stepping in to claim UNIX ownership.

Goran Fransson, a Swedish developer and entrepreneur, has given a deposition in the Barracuda-Trend Micro case that appears to seriously undermine Trend Micro's patent on gateway virus scanning.

As Linux.com reported in January, Trend Micro is suing Barracuda Networks before the American International Trade Commission (ITC). Trend Micro's claim is that, by distributing Clam Antivirus (ClamAV), the free software security application, Barracuda is violating Trend Micro's patent 5623600, which was filed on 26 September, 1995, and has since been used against such companies as Symantec and McAfee. The case is being heard by the ITC apparently because of Trend Micro's claim that, because ClamAV is developed by programmers around the world, it is imported software in the United States.


Trend Micro is not the only company to have suffered a setback for an Intellectual Monopoly business approach. Some days ago we wrote about a particular Acacia debacle (Acacia accommodates some Microsoft folks and litigiously attacks GNU/Linux [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]) and now comes this:

Cognex Invalidates Acacia Patent '524; Next? Suing for Business Defamation



[...]

Do you remember back in 2005 a company called Cognex took on Lemelson Partnership and won, invalidating 14 of Lemelson's patents? Well, it turns out that after that, they took on Acacia Research, and they just beat them too. Acacia is now minus one of its patents. Here's the order [PDF]. Cognex is now aggressively going after Acacia for defamation, attorneys fees, and damages, including, or so they hope, according to a motion to amend their complaint, special and punitive damages.


Whereas SCO is burning any ounce of cash that's left in its coffers, this Acacia patent troll might have to pay. If defamation suits were to succeed, then the business model behind the likes of Nathan Myhrvold would be at risk. The suits become a two-edged sword.

"Copying all or parts of a program is as natural to a programmer as breathing, and as productive. It ought to be as free."

--Richard Stallman

Comments

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
 
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day