Hello

I've reviewed some of the patents and I was amused by what passes for a
'patent'.

http://www.google.co.uk/patents/US5978594

This patent is all about agents running on hosts, controlled by a
central service. It is described as "novel", but it's not something
invented by BMC and is present in many other products. For example, both
IBM Websphere and Oracle Weblogic have a concept of a central service
(WAS deployment manager, WL admin server), that feeds
instructions/configuration to nodes running JVMs. This is not novel -
it's common place.

http://www.google.com/patents/US6816898

Collecting performance metrics. I can do that in a couple of lines of
Python and it's nothing new. A typical large bank will have lots of this
stuff, both purchased and home grown, littered on their networks with an
"operations team" constantly monitoring it.

http://www.google.co.in/patents/US6895586

This one is awful. It sounds like BMC claim to have invented a system of
storing data in a hierarchical document using namespaces - you know,
what we commonly refer to as XML. There's no intellectual property in
designing a schema.

http://www.google.co.uk/patents/US7062683

This patent seems to suggest BMC have invented a method of
troubleshooting via flowcharts - something I recall doing at school in
the mid-80s, and I recall plenty being present in my 6502 Assembler
guide. 

I suspect this and other patent relates to the way in which a BMC
product works, but copying the concept is not a crime (Microsoft do not
own the concept of a word processor, or sending an email). Indeed, for
every concept pinched by a competitor, BMC will have pinched one
themselves - such as graphing data to display metrics, which is almost
certainly patented by some other company.

I think the core problem with many IT patents is they aren't actually
'inventions' but a great way for lawyers to make money. After all, they
are hardly going to turn around and tell a BMC senior manager, "I'm
sorry mate, but this patent has no value". Real inventions, such as
James Dyson's bag-less vacuum cleaner, have real value. These patents
seem to tell a competitor more about how the internals of a BMC product
works rather than defining an 'invention' of real value. 


John

Disclaimer: I am not a lawyer, but I can use Google :)

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