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

An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
 
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025
Gemini Links 22/03/2025: "Ukay Ukay", Microplastics in Tea, Jujutsu, and More
Links for the day
Links 22/03/2025: Johor Flooded, Ador Traps Young Musicians With Contract
Links for the day
[Video] Richard Stallman on What Patents Would Have Done to Music (Covered by Copyrights)
Our WebM version can be played using Free software, independently of the availability of Invidious mirrors
Our IRC Community Turns 17 Very Shortly
A few years from now our IRC community will turn 20
Microsoft Destroys and Exploits, It Does Not Create
A race to nowhere
Linux Foundation Buys Misleading Puff Pieces About Itself, Earns Some LLM Slop to Accompany the PR (Openwashing and Propaganda as a Service, With the Brand "Linux" Needlessly Borrowed)
Isn't it funny that after the "LF" (misusing the brand "Linux") flooded the Web with press releases and fake articles (that it had paid for) it now gets some LLM slop doing the same?
It's About So Much More Than 2 Microsofters, It's About Freedom to Speak About Crimes at Microsoft
Suffice to say, if some people related to our professional field attack women and get arrested for it, then there's nothing immoral about relaying this information
Links 22/03/2025: Social Security Attacks and More Attacks on the Press
Links for the day
Gemini Links 22/03/2025: INTERPOL, DDoS by "Hey Hi" Hype, and RSS/Feed Readers
Links for the day
Links 22/03/2025: Alzheimer Research and Mega-breaches in the US
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 21, 2025
IRC logs for Friday, March 21, 2025
Gemini Links 21/03/2025: Leasehold, LOTI, and Project Managers
Links for the day
Links 21/03/2025: Energy Facilities Under Fire (or on Fire), EU "Solidarity with Ukraine" and First Console
Links for the day
Links 21/03/2025: "IBM cuts Thousands" and Outlook Outage Again (Microsoft Looks for Excuses)
Links for the day
Gemini Links 21/03/2025: "Happy Spring" and Leaving "The Enterprise"
Links for the day
Many Articles About Layoffs Are Still Fake, Still LLM Slop, Even About IBM Layoffs
No wonder tech and tech journalism are getting so much worse
Speak More About the GNU Manifesto (40 Years Old This Month), It Helps Remind People That GNU/Linux Was Started by Richard Stallman and the Ultimate Goal is Freedom
We generally encourage people to speak about Software Freedom
Slappification: Using More SLAPP to Cover Up SLAPP and Chaining SLAPPs (From Microsoft) in a Failed Bid to Censor Techrights
How low can a person with a law degree stoop?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 20, 2025
IRC logs for Thursday, March 20, 2025
Hidden from coroners and the public: tech industry cultural contagion
Reprinted with permission from Daniel Pocock