We (developers) shouldn't really be worried about it - The BMC tools aren't
going anywhere anytime soon due to this.  I'd still be more worried about
any plans Bain Capital has.

-----Original Message-----
From: Action Request System discussion list(ARSList)
[mailto:arslist@ARSLIST.ORG] On Behalf Of Ortega, Jesus A
Sent: Friday, September 26, 2014 1:58 PM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

Should we be worried that BMC has to resort to suing the competition, rather
than innovate and beat them fair and square. Is this a sign that BMC is very
worried about what Service Now is doing to them?

-----Original Message-----
From: Action Request System discussion list(ARSList)
[mailto:arslist@ARSLIST.ORG] On Behalf Of John Baker
Sent: Thursday, September 25, 2014 4:01 PM
To: arslist@ARSLIST.ORG
Subject: BMC sues SNOW

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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