A different way to think about this… Lets assume the patents are valid and are being infringed upon.
By suing you are choosing to spend time/energy and “stifle” the market vs… Spend time/energy to create and inspire the market. So - as a developer - who do you want to support? -John On Fri, Sep 26, 2014 at 3:27 PM, Ken Pritchard <pri...@ptd.net> wrote: > 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 :) > > > ____________________________________________________________________________ > ___ > UNSUBSCRIBE or access ARSlist Archives at www.arslist.org "Where the > Answers > Are, and have been for 20 years" > Information contained in this email is subject to the disclaimer found by > clicking on the following link: > http://www.lyondellbasell.com/Footer/Disclaimer/ > > > ____________________________________________________________________________ > ___ > UNSUBSCRIBE or access ARSlist Archives at www.arslist.org "Where the > Answers > Are, and have been for 20 years" > > > _______________________________________________________________________________ > UNSUBSCRIBE or access ARSlist Archives at www.arslist.org > "Where the Answers Are, and have been for 20 years" > -- *John Sundberg* Kinetic Data, Inc. "Your Business. Your Process." 651-556-0930 I john.sundb...@kineticdata.com www.kineticdata.com I community.kineticdata.com _______________________________________________________________________________ UNSUBSCRIBE or access ARSlist Archives at www.arslist.org "Where the Answers Are, and have been for 20 years"
