Re: BMC sues SNOW

2014-09-29 Thread Pierson, Shawn
Something else to consider is that BMC is also making major innovations again.  
The lawsuit seems to be pretty mundane corporate stuff that goes on all the 
time and I don’t think winning it would put SNOW out of business or make any 
huge difference in their product.  What I think will matter if we revisit this 
conversation a year from now is how far BMC moves forward in that time versus 
where they were today, and whether or not that makes a better solution.  My 
organization is already on 8.1 but we are already planning for a very busy 2015 
(and through the end of this year too.)

Thanks,

Shawn Pierson
Remedy Developer | Energy Transfer

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Richter, Howard (CEI - Atlanta)
Sent: Friday, September 26, 2014 4:50 PM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
Either way its going to be a mess.

Also I cannot think BMC would not be filing if they don’t have any legs to 
stand on (remember the idea of a counter suit for slander or something else).

My guess is that because of one of the statements that the CEO of SNOW made 
“Big ‘ole corporates don’t stick around like they used to. To survive companies 
must innovate or die. A key part of the innovative process is to be inspired 
by, mash-up, and build upon previous work”, with the fact of how many former 
BMC/Remedy employees have move to SNOW.

As we know change is needed and a good thing in the end (just at times painful).

However, after reading and listening to the sales pitch (i.e. replace Remedy in 
only a few months), I just have this feeling that I am in the Wizard of Oz and 
unsure what is behind the curtain.

If SNOW has nothing to hid and if they are the better product, then the market 
place will decide.

I just have not seen yet (and I could be missing something) that they are.

Just my 1.2 cents,

Howard
From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of John Sundberg
Sent: Friday, September 26, 2014 5:23 PM
To: arslist@ARSLIST.ORGmailto:arslist@ARSLIST.ORG
Subject: Re: [arslist] BMC sues SNOW

**
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.netmailto: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.ORGmailto:arslist@ARSLIST.ORG] On Behalf Of Ortega, 
Jesus A
Sent: Friday, September 26, 2014 1:58 PM
To: arslist@ARSLIST.ORGmailto: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.ORGmailto:arslist@ARSLIST.ORG] On Behalf Of John Baker
Sent: Thursday, September 25, 2014 4:01 PM
To: arslist@ARSLIST.ORGmailto: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

Re: BMC sues SNOW

2014-09-26 Thread Pierson, Shawn
It seemed to work for Apple against Samsung, although in that case Samsung had 
already stopped selling the devices they were sued over.  I remember a lot of 
controversy over that because the patents were very generic as well.

Thanks,

Shawn Pierson
Remedy Developer | Energy Transfer

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of William Rentfrow
Sent: Thursday, September 25, 2014 4:15 PM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
The other point is that you don't have to convince an IT expert this is a 
violation of technology patent.  You have to convince a jury of people pulled 
at random from the general population - most of whom are intimidated by 
anything more complicated than a smart phone (and a lot of those are still 
using the default ring tone).

I don't know which side would be more likely to use their peremptory challenges 
first to toss any sort of IT person.  The plaintiffs may well know they're 
going to have a hard time convincing the IT guy their stuff is at all unique 
and worthwhile; at the same time the defense might want to toss anyone with any 
special knowledge in the IT realm.

Gotta run, apparently my cell is on the default ring tone

William Rentfrow
wrentf...@stratacominc.commailto:wrentf...@stratacominc.com
Office: 715-204-3061 or 701-232-5697x25
Cell: 715-498-5056

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Rick Cook
Sent: Thursday, September 25, 2014 4:06 PM
To: arslist@ARSLIST.ORGmailto:arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
Most patents these days aren't for new concepts, but slight - sometimes almost 
imperceptively so - tweaks in the way something is done.  We'll see how these 
come out, but I think the poster who suggested that this was more a marketing 
ploy than anything might be more on the mark than most.

Rick Cook

On Thu, Sep 25, 2014 at 2:01 PM, John Baker 
jba...@javasystemsolutions.commailto:jba...@javasystemsolutions.com wrote:
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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Re: BMC sues SNOW

2014-09-26 Thread Ortega, Jesus A
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 
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Re: BMC sues SNOW

2014-09-26 Thread Ken Pritchard
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/


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Re: BMC sues SNOW

2014-09-26 Thread John Sundberg
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


 ___
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 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

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Re: BMC sues SNOW

2014-09-26 Thread Richter, Howard (CEI - Atlanta)
Either way its going to be a mess.

Also I cannot think BMC would not be filing if they don’t have any legs to 
stand on (remember the idea of a counter suit for slander or something else).

My guess is that because of one of the statements that the CEO of SNOW made 
“Big ‘ole corporates don’t stick around like they used to. To survive companies 
must innovate or die. A key part of the innovative process is to be inspired 
by, mash-up, and build upon previous work”, with the fact of how many former 
BMC/Remedy employees have move to SNOW.

As we know change is needed and a good thing in the end (just at times painful).

However, after reading and listening to the sales pitch (i.e. replace Remedy in 
only a few months), I just have this feeling that I am in the Wizard of Oz and 
unsure what is behind the curtain.

If SNOW has nothing to hid and if they are the better product, then the market 
place will decide.

I just have not seen yet (and I could be missing something) that they are.

Just my 1.2 cents,

Howard
From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of John Sundberg
Sent: Friday, September 26, 2014 5:23 PM
To: arslist@ARSLIST.ORG
Subject: Re: [arslist] BMC sues SNOW

**
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.netmailto: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.ORGmailto:arslist@ARSLIST.ORG] On Behalf Of Ortega, 
Jesus A
Sent: Friday, September 26, 2014 1:58 PM
To: arslist@ARSLIST.ORGmailto: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.ORGmailto:arslist@ARSLIST.ORG] On Behalf Of John Baker
Sent: Thursday, September 25, 2014 4:01 PM
To: arslist@ARSLIST.ORGmailto: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

Re: BMC sues SNOW

2014-09-25 Thread Rick Cook
Most patents these days aren't for new concepts, but slight - sometimes
almost imperceptively so - tweaks in the way something is done.  We'll see
how these come out, but I think the poster who suggested that this was more
a marketing ploy than anything might be more on the mark than most.

Rick Cook

On Thu, Sep 25, 2014 at 2:01 PM, John Baker jba...@javasystemsolutions.com
wrote:

 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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Re: BMC sues SNOW

2014-09-25 Thread Ken Pritchard
Unless they are able to get an injunction where SNOW cannot be sold to new 
clients it could backfire as a marketing ploy.  If folks feel that SNOW is that 
close to BMC to have BMC worry and if the price point is lower for SNOW, it 
could drive more folks in that direction.

 

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Rick Cook
Sent: Thursday, September 25, 2014 5:06 PM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

 

** 

Most patents these days aren't for new concepts, but slight - sometimes almost 
imperceptively so - tweaks in the way something is done.  We'll see how these 
come out, but I think the poster who suggested that this was more a marketing 
ploy than anything might be more on the mark than most.




Rick Cook

 

On Thu, Sep 25, 2014 at 2:01 PM, John Baker jba...@javasystemsolutions.com 
mailto:jba...@javasystemsolutions.com  wrote:

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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Re: BMC sues SNOW

2014-09-25 Thread William Rentfrow
The other point is that you don't have to convince an IT expert this is a 
violation of technology patent.  You have to convince a jury of people pulled 
at random from the general population - most of whom are intimidated by 
anything more complicated than a smart phone (and a lot of those are still 
using the default ring tone).

I don't know which side would be more likely to use their peremptory challenges 
first to toss any sort of IT person.  The plaintiffs may well know they're 
going to have a hard time convincing the IT guy their stuff is at all unique 
and worthwhile; at the same time the defense might want to toss anyone with any 
special knowledge in the IT realm.

Gotta run, apparently my cell is on the default ring tone

William Rentfrow
wrentf...@stratacominc.com
Office: 715-204-3061 or 701-232-5697x25
Cell: 715-498-5056

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Rick Cook
Sent: Thursday, September 25, 2014 4:06 PM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
Most patents these days aren't for new concepts, but slight - sometimes almost 
imperceptively so - tweaks in the way something is done.  We'll see how these 
come out, but I think the poster who suggested that this was more a marketing 
ploy than anything might be more on the mark than most.

Rick Cook

On Thu, Sep 25, 2014 at 2:01 PM, John Baker 
jba...@javasystemsolutions.commailto:jba...@javasystemsolutions.com wrote:
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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Re: BMC sues SNOW

2014-09-23 Thread LJ LongWing
Interesting.

On Tue, Sep 23, 2014 at 9:01 AM, John Sundberg 
john.sundb...@kineticdata.com wrote:

 **

 http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



 --

 *John Sundberg*
 Kinetic Data, Inc.
 Your Business. Your Process.

 651-556-0930 I john.sundb...@kineticdata.com
 www.kineticdata.com I community.kineticdata.com


  _ARSlist: Where the Answers Are and have been for 20 years_

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Re: BMC sues SNOW

2014-09-23 Thread Ken Pritchard
Making the accusation is the easy part – proving it is much tougher – just ask 
JJ.  They tried suing a (small) competitor regarding patent infringement of 
their test strips for diagnostic equipment.  They must be very specific to win. 
 Not saying they can’t, but it will be years and lots of  in legal fees.

 

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of LJ LongWing
Sent: Tuesday, September 23, 2014 11:09 AM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

 

** 

Interesting.

 

On Tue, Sep 23, 2014 at 9:01 AM, John Sundberg john.sundb...@kineticdata.com 
mailto:john.sundb...@kineticdata.com  wrote:

** 

http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html

 




 

-- 

John Sundberg

Kinetic Data, Inc.

Your Business. Your Process.

 

651-556-0930 tel:651-556-0930  I john.sundb...@kineticdata.com 
mailto:john.sundb...@kineticdata.com  

 http://www.kineticdata.com/ www.kineticdata.com I  
http://community.kineticdata.com/ community.kineticdata.com 

 

 

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Re: BMC sues SNOW

2014-09-23 Thread William Rentfrow
HP is also suing Service Now over patent infringement.  I won't bother linking 
it here- just Google it.  They sued in February for similar things.

William Rentfrow
wrentf...@stratacominc.com
Office: 715-204-3061 or 701-232-5697x25
Cell: 715-498-5056

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Ken Pritchard
Sent: Tuesday, September 23, 2014 10:13 AM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
Making the accusation is the easy part – proving it is much tougher – just ask 
JJ.  They tried suing a (small) competitor regarding patent infringement of 
their test strips for diagnostic equipment.  They must be very specific to win. 
 Not saying they can’t, but it will be years and lots of  in legal fees.

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of LJ LongWing
Sent: Tuesday, September 23, 2014 11:09 AM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
Interesting.

On Tue, Sep 23, 2014 at 9:01 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.

651-556-0930tel:651-556-0930 I 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com
www.kineticdata.comhttp://www.kineticdata.com/ I 
community.kineticdata.comhttp://community.kineticdata.com/


_ARSlist: Where the Answers Are and have been for 20 years_

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No virus found in this message.
Checked by AVG - www.avg.comhttp://www.avg.com
Version: 2014.0.4765 / Virus Database: 4015/8212 - Release Date: 09/14/14
Internal Virus Database is out of date.
_ARSlist: Where the Answers Are and have been for 20 years_

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Re: BMC sues SNOW

2014-09-23 Thread John Sundberg
That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new interpretations
of existing stuff.

Take for example: http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make special marks
based on a dependents components health.

This sort of seems to be previous art.

http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook remedyr...@gmail.com wrote:

 **
 The money quote:  ...company founder, Fred Luddy, described his approach
 to innovation by saying “. . . good artists copy and great artists steal,
 and I’ve been a thief all my life.”  Little tip:  That's maybe not
 something you say in public, Fred.

 You may remember Mr. Luddy as part of the Peregrine gang, which looks to
 be up to their old shenanigans.  Details here.   http://goog_1607741485
 http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#

 Rick Cook

 On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
 john.sundb...@kineticdata.com wrote:

 **

 http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



 --

 *John Sundberg*
 Kinetic Data, Inc.
 Your Business. Your Process.

 651-556-0930 I john.sundb...@kineticdata.com
 www.kineticdata.com I community.kineticdata.com


  _ARSlist: Where the Answers Are and have been for 20 years_


 _ARSlist: 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

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Re: BMC sues SNOW

2014-09-23 Thread Rick Cook
Maybe, but legally, there is a difference between stealing a concept
(nothing new under the sun) and stealing (the details) how that concept is
brought to market.  It doesn't help that the SNOW C-team is full of people
with a track record of unethical, if not illegal, behavior.  That BMC isn't
the only competitor suing them adds weight to the claim.

Rick Cook

On Tue, Sep 23, 2014 at 8:44 AM, John Sundberg 
john.sundb...@kineticdata.com wrote:

 **
 That is a “stolen quote” …

 Many people say that line.

 Indirectly - it is saying - nothing is invented - just new interpretations
 of existing stuff.

 Take for example: http://www.google.com/patents/US7617073

 Adding colors to elements - based on health - and then make special marks
 based on a dependents components health.

 This sort of seems to be previous art.


 http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
 (Looks old to me)


 -John


 On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook remedyr...@gmail.com wrote:

 **
 The money quote:  ...company founder, Fred Luddy, described his
 approach to innovation by saying “. . . good artists copy and great artists
 steal, and I’ve been a thief all my life.”  Little tip:  That's maybe
 not something you say in public, Fred.

 You may remember Mr. Luddy as part of the Peregrine gang, which looks to
 be up to their old shenanigans.  Details here.   http://goog_1607741485
 http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#

 Rick Cook

 On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
 john.sundb...@kineticdata.com wrote:

 **

 http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



 --

 *John Sundberg*
 Kinetic Data, Inc.
 Your Business. Your Process.

 651-556-0930 I john.sundb...@kineticdata.com
 www.kineticdata.com I community.kineticdata.com


  _ARSlist: Where the Answers Are and have been for 20 years_


 _ARSlist: 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


  _ARSlist: Where the Answers Are and have been for 20 years_


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Re: BMC sues SNOW

2014-09-23 Thread William Rentfrow
..and that's the literal definition of prior art!

William Rentfrow
wrentf...@stratacominc.com
Office: 715-204-3061 or 701-232-5697x25
Cell: 715-498-5056

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of John Sundberg
Sent: Tuesday, September 23, 2014 10:44 AM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new interpretations of 
existing stuff.

Take for example: http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make special marks based 
on a dependents components health.

This sort of seems to be previous art.

http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook 
remedyr...@gmail.commailto:remedyr...@gmail.com wrote:
**
The money quote:  ...company founder, Fred Luddy, described his approach to 
innovation by saying “. . . good artists copy and great artists steal, and I’ve 
been a thief all my life.”  Little tip:  That's maybe not something you say in 
public, Fred.

You may remember Mr. Luddy as part of the Peregrine gang, which looks to be up 
to their old shenanigans.  Details here.  http://goog_1607741485 
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/

Rick Cook

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.

651-556-0930tel:651-556-0930 I 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com
www.kineticdata.comhttp://www.kineticdata.com/ I 
community.kineticdata.comhttp://community.kineticdata.com/


_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: 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.commailto:john.sundb...@kineticdata.com
www.kineticdata.comhttp://www.kineticdata.com/ I 
community.kineticdata.comhttp://community.kineticdata.com/


_ARSlist: Where the Answers Are and have been for 20 years_

No virus found in this message.
Checked by AVG - www.avg.comhttp://www.avg.com
Version: 2014.0.4765 / Virus Database: 4015/8212 - Release Date: 09/14/14
Internal Virus Database is out of date.

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Re: BMC sues SNOW

2014-09-23 Thread Danny Kellett
I can't see how any of these actually stand up in court. If you
read the first patent it basically says get the details of a
computer system into a text file and load the information into
a database



If that's the case then Tivoli, et al, look out!



What a waste of time, money and resource imho.



--
Danny Kellett
dkell...@javasystemsolutions.com





On Tue, Sep 23, 2014, at 04:49 PM, Rick Cook wrote:

**

Maybe, but legally, there is a difference between stealing a
concept (nothing new under the sun) and stealing (the details)
how that concept is brought to market.  It doesn't help that
the SNOW C-team is full of people with a track record of
unethical, if not illegal, behavior.  That BMC isn't the only
competitor suing them adds weight to the claim.

Rick Cook

On Tue, Sep 23, 2014 at 8:44 AM, John Sundberg
[1]john.sundb...@kineticdata.com wrote:

**

That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new
interpretations of existing stuff.

Take for example: [2]http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make
special marks based on a dependents components health.

This sort of seems to be previous art.

[3]http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaview
er/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook
[4]remedyr...@gmail.com wrote:

**

The money quote:  ...company founder, Fred Luddy, described
his approach to innovation by saying “. . . good artists copy
and great artists steal, and I’ve been a thief all my life.”
Little tip:  That's maybe not something you say in public,
Fred.

You may remember Mr. Luddy as part of the Peregrine gang, which
looks to be up to their old shenanigans.  Details here.
[5]http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/0
3/peregrine-ii-servicenow-insiders-including-moores-/#

Rick Cook

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg
[6]john.sundb...@kineticdata.com wrote:

**

[7]http://www.bmc.com/news/press-releases/2014/BMC-Software-Sue
s-ServiceNow-for-Patent-Infringement.html



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.

[8]651-556-0930 I[9]john.sundb...@kineticdata.com


[10]www.kineticdata.com I[11]community.kineticdata.com



_ARSlist: Where the Answers Are and have been for 20 years_


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--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.

[12]651-556-0930 I[13]john.sundb...@kineticdata.com


[14]www.kineticdata.com I[15]community.kineticdata.com



_ARSlist: Where the Answers Are and have been for 20 years_


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References

Visible links
1. mailto:john.sundb...@kineticdata.com
2. http://www.google.com/patents/US7617073
3. 
http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
4. mailto:remedyr...@gmail.com
5. 
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/
6. mailto:john.sundb...@kineticdata.com
7. 
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html
8. tel:651-556-0930
9. mailto:john.sundb...@kineticdata.com
  10. http://www.kineticdata.com/
  11. http://community.kineticdata.com/
  12. tel:651-556-0930
  13. mailto:john.sundb...@kineticdata.com
  14. http://www.kineticdata.com/
  15. http://community.kineticdata.com/

Hidden links:
  17. http://goog_1607741485/

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Re: BMC sues SNOW

2014-09-23 Thread Lippincott, Levi (OMA-GIS)
Yeah but most patent lawsuits are usually about 1 of 2 things.


1.   Another source of revenue for the company when the other companies 
just pay a settlement to make it go away.

2.   To force the other company out of business with all of the wasted time 
and money that eventually they go bankrupt.

Levi Lippincott / Remedy Administrator

+1 402 561 7014 office
+1 402 321 5421 mobile
levi.lippinc...@interpublic.commailto:levi.lippinc...@interpublic.com

Interpublic Group  6825 Pine Street, Omaha, NE 68106

Talent is a Gift; But Character is a Choice. -Matt Grotewold-

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Danny Kellett
Sent: Tuesday, September 23, 2014 11:10 AM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
I can't see how any of these actually stand up in court. If you read the first 
patent it basically says get the details of a computer system into a text file 
and load the information into a database

If that's the case then Tivoli, et al, look out!

What a waste of time, money and resource imho.

--
Danny Kellett
dkell...@javasystemsolutions.commailto:dkell...@javasystemsolutions.com



On Tue, Sep 23, 2014, at 04:49 PM, Rick Cook wrote:
**
Maybe, but legally, there is a difference between stealing a concept (nothing 
new under the sun) and stealing (the details) how that concept is brought to 
market.  It doesn't help that the SNOW C-team is full of people with a track 
record of unethical, if not illegal, behavior.  That BMC isn't the only 
competitor suing them adds weight to the claim.

Rick Cook

On Tue, Sep 23, 2014 at 8:44 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new interpretations of 
existing stuff.

Take for example: http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make special marks based 
on a dependents components health.

This sort of seems to be previous art.

http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook 
remedyr...@gmail.commailto:remedyr...@gmail.com wrote:
**
The money quote:  ...company founder, Fred Luddy, described his approach to 
innovation by saying “. . . good artists copy and great artists steal, and I’ve 
been a thief all my life.”  Little tip:  That's maybe not something you say in 
public, Fred.

You may remember Mr. Luddy as part of the Peregrine gang, which looks to be up 
to their old shenanigans.  Details here. 
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/

Rick Cook

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_
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Re: BMC sues SNOW

2014-09-23 Thread William Rentfrow
Keep in mind the US patent office gave a patent to a guy  for a method of 
swinging sideways, which was invented by his daughter (and every kid who ever 
sat on a swing):

http://www.google.com/patents/US6368227



William Rentfrow
wrentf...@stratacominc.com
Office: 715-204-3061 or 701-232-5697x25
Cell: 715-498-5056

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Danny Kellett
Sent: Tuesday, September 23, 2014 11:10 AM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
I can't see how any of these actually stand up in court. If you read the first 
patent it basically says get the details of a computer system into a text file 
and load the information into a database

If that's the case then Tivoli, et al, look out!

What a waste of time, money and resource imho.

--
Danny Kellett
dkell...@javasystemsolutions.commailto:dkell...@javasystemsolutions.com



On Tue, Sep 23, 2014, at 04:49 PM, Rick Cook wrote:
**
Maybe, but legally, there is a difference between stealing a concept (nothing 
new under the sun) and stealing (the details) how that concept is brought to 
market.  It doesn't help that the SNOW C-team is full of people with a track 
record of unethical, if not illegal, behavior.  That BMC isn't the only 
competitor suing them adds weight to the claim.

Rick Cook

On Tue, Sep 23, 2014 at 8:44 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new interpretations of 
existing stuff.

Take for example: http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make special marks based 
on a dependents components health.

This sort of seems to be previous art.

http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook 
remedyr...@gmail.commailto:remedyr...@gmail.com wrote:
**
The money quote:  ...company founder, Fred Luddy, described his approach to 
innovation by saying “. . . good artists copy and great artists steal, and I’ve 
been a thief all my life.”  Little tip:  That's maybe not something you say in 
public, Fred.

You may remember Mr. Luddy as part of the Peregrine gang, which looks to be up 
to their old shenanigans.  Details here. 
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/

Rick Cook

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_


No virus found in this message.
Checked by AVG - www.avg.comhttp://www.avg.com
Version: 2014.0.4765 / Virus Database: 4015/8212 - Release Date: 09/14/14
Internal Virus Database is out of date.
_ARSlist: Where the Answers Are and have been for 20 years_

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Re: BMC sues SNOW

2014-09-23 Thread Joe D'Souza
I can tell you Fred was never an artist. Not even close.

 

Good artists are influenced by great artists. They NEVER copy. Great Artists
go after their own style even though it may be new and revolutionary -
especially if it's new and revolutionary. They do not ever steal. They have
their name all over their work. You can recognize it even before you see a
signature.

 

Those who copy may have a talent, but that does not mean they are artists.
They just can repeat what others have done to near perfection. That's why
they are called tribute artists - tribute bands for example.

 

So in other words, is he saying that by copying, SNOW was paying some sort
of tribute to the original artists?

 

Joe

 

  _  

From: Action Request System discussion list(ARSList)
[mailto:arslist@ARSLIST.ORG] On Behalf Of Rick Cook
Sent: Tuesday, September 23, 2014 11:08 AM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

 

** 

The money quote:  ...company founder, Fred Luddy, described his approach to
innovation by saying . . . good artists copy and great artists steal, and
I've been a thief all my life.  Little tip:  That's maybe not something you
say in public, Fred.

 

You may remember Mr. Luddy as part of the Peregrine gang, which looks to be
up to their old shenanigans.  Details here.
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-s
ervicenow-insiders-including-moores-/#
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-
servicenow-insiders-including-moores-/ 

 

Rick Cook

 

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg
john.sundb...@kineticdata.com wrote:

** 

http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for
-Patent-Infringement.html

 




 

-- 

John Sundberg

Kinetic Data, Inc.

Your Business. Your Process.

 

651-556-0930 I john.sundb...@kineticdata.com 

 http://www.kineticdata.com/ www.kineticdata.com I
http://community.kineticdata.com/ community.kineticdata.com 

 

 

_ARSlist: Where the Answers Are and have been for 20 years_ 

 

_ARSlist: Where the Answers Are and have been for 20 years_ 


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Re: BMC sues SNOW

2014-09-23 Thread Jason Miller
Ah look, they are getting the Peregrine band back together for Financial
Raid 2014.  It has been 10 years, time for a reunion tour.  Let me guess,
they have some people singing backing vocals from the joint.

Jason

On Tue, Sep 23, 2014 at 8:08 AM, Rick Cook remedyr...@gmail.com wrote:

 **
 The money quote:  ...company founder, Fred Luddy, described his approach
 to innovation by saying “. . . good artists copy and great artists steal,
 and I’ve been a thief all my life.”  Little tip:  That's maybe not
 something you say in public, Fred.

 You may remember Mr. Luddy as part of the Peregrine gang, which looks to
 be up to their old shenanigans.  Details here.   http://goog_1607741485
 http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#

 Rick Cook

 On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
 john.sundb...@kineticdata.com wrote:

 **

 http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



 --

 *John Sundberg*
 Kinetic Data, Inc.
 Your Business. Your Process.

 651-556-0930 I john.sundb...@kineticdata.com
 www.kineticdata.com I community.kineticdata.com


  _ARSlist: Where the Answers Are and have been for 20 years_


 _ARSlist: Where the Answers Are and have been for 20 years_


___
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Re: BMC sues SNOW

2014-09-23 Thread John Sundberg
I am pretty sure all artists steal.

For example — they steal the idea of putting a representation of their idea
into a sharable form.

Oh - and a lot of them seem to draw pictures/etc… of other people. (Of
course - I don’t think that patent is still valid).

-John

On Tue, Sep 23, 2014 at 11:25 AM, Joe D'Souza jdso...@shyle.net wrote:

 **

 I can tell you Fred was never an artist. Not even close.



 Good artists are influenced by great artists. They NEVER copy. Great
 Artists go after their own style even though it may be new and
 revolutionary – especially if it’s new and revolutionary. They do not ever
 steal. They have their name all over their work. You can recognize it even
 before you see a signature.



 Those who copy may have a talent, but that does not mean they are artists.
 They just can repeat what others have done to near perfection. That’s why
 they are called tribute artists – tribute bands for example.



 So in other words, is he saying that by copying, SNOW was paying some sort
 of tribute to the original artists?



 Joe


  --

 *From:* Action Request System discussion list(ARSList) [mailto:
 arslist@ARSLIST.ORG] *On Behalf Of *Rick Cook
 *Sent:* Tuesday, September 23, 2014 11:08 AM
 *To:* arslist@ARSLIST.ORG
 *Subject:* Re: BMC sues SNOW



 **

 The money quote:  ...company founder, Fred Luddy, described his approach
 to innovation by saying “. . . good artists copy and great artists steal,
 and I’ve been a thief all my life.”  Little tip:  That's maybe not
 something you say in public, Fred.



 You may remember Mr. Luddy as part of the Peregrine gang, which looks to
 be up to their old shenanigans.  Details here.   http://goog_1607741485
 http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#
 http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/



 Rick Cook



 On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
 john.sundb...@kineticdata.com wrote:

 **


 http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html






 --

 *John Sundberg*

 *Kinetic Data, Inc.*

 *Your Business. Your Process.*



 651-556-0930 I john.sundb...@kineticdata.com

 www.kineticdata.com I community.kineticdata.com





 _ARSlist: Where the Answers Are and have been for 20 years_



 _ARSlist: Where the Answers Are and have been for 20 years_
  _ARSlist: 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

___
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Re: BMC sues SNOW

2014-09-23 Thread richard....@bwc.state.oh.us

Your tax dollars at work….


From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of William Rentfrow
Sent: Tuesday, September 23, 2014 12:18 PM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
Keep in mind the US patent office gave a patent to a guy  for a method of 
swinging sideways, which was invented by his daughter (and every kid who ever 
sat on a swing):

http://www.google.com/patents/US6368227



William Rentfrow
wrentf...@stratacominc.commailto:wrentf...@stratacominc.com
Office: 715-204-3061 or 701-232-5697x25
Cell: 715-498-5056

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Danny Kellett
Sent: Tuesday, September 23, 2014 11:10 AM
To: arslist@ARSLIST.ORGmailto:arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
I can't see how any of these actually stand up in court. If you read the first 
patent it basically says get the details of a computer system into a text file 
and load the information into a database

If that's the case then Tivoli, et al, look out!

What a waste of time, money and resource imho.

--
Danny Kellett
dkell...@javasystemsolutions.commailto:dkell...@javasystemsolutions.com



On Tue, Sep 23, 2014, at 04:49 PM, Rick Cook wrote:
**
Maybe, but legally, there is a difference between stealing a concept (nothing 
new under the sun) and stealing (the details) how that concept is brought to 
market.  It doesn't help that the SNOW C-team is full of people with a track 
record of unethical, if not illegal, behavior.  That BMC isn't the only 
competitor suing them adds weight to the claim.

Rick Cook

On Tue, Sep 23, 2014 at 8:44 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new interpretations of 
existing stuff.

Take for example: http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make special marks based 
on a dependents components health.

This sort of seems to be previous art.

http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook 
remedyr...@gmail.commailto:remedyr...@gmail.com wrote:
**
The money quote:  ...company founder, Fred Luddy, described his approach to 
innovation by saying “. . . good artists copy and great artists steal, and I’ve 
been a thief all my life.”  Little tip:  That's maybe not something you say in 
public, Fred.

You may remember Mr. Luddy as part of the Peregrine gang, which looks to be up 
to their old shenanigans.  Details here. 
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/

Rick Cook

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_


No virus found in this message.
Checked by AVG - www.avg.comhttp://www.avg.com
Version: 2014.0.4765 / Virus Database: 4015/8212 - Release Date: 09/14/14
Internal Virus Database is out of date.
_ARSlist: Where the Answers Are and have been for 20 years_
_ARSlist: Where the Answers Are and have been for 20 years_
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Re: BMC sues SNOW

2014-09-23 Thread Richter, Howard (CEI - Atlanta)
All,

I wonder if its based on some of the former BMC/Remedy employees that now work 
for SNOW and the fact that employers require NDAs.

Just a thought.

Howard

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Danny Kellett
Sent: Tuesday, September 23, 2014 12:10 PM
To: arslist@ARSLIST.ORG
Subject: Re: [arslist] BMC sues SNOW

**
I can't see how any of these actually stand up in court. If you read the first 
patent it basically says get the details of a computer system into a text file 
and load the information into a database

If that's the case then Tivoli, et al, look out!

What a waste of time, money and resource imho.

--
Danny Kellett
dkell...@javasystemsolutions.commailto:dkell...@javasystemsolutions.com



On Tue, Sep 23, 2014, at 04:49 PM, Rick Cook wrote:
**
Maybe, but legally, there is a difference between stealing a concept (nothing 
new under the sun) and stealing (the details) how that concept is brought to 
market.  It doesn't help that the SNOW C-team is full of people with a track 
record of unethical, if not illegal, behavior.  That BMC isn't the only 
competitor suing them adds weight to the claim.

Rick Cook

On Tue, Sep 23, 2014 at 8:44 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new interpretations of 
existing stuff.

Take for example: http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make special marks based 
on a dependents components health.

This sort of seems to be previous art.

http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook 
remedyr...@gmail.commailto:remedyr...@gmail.com wrote:
**
The money quote:  ...company founder, Fred Luddy, described his approach to 
innovation by saying “. . . good artists copy and great artists steal, and I’ve 
been a thief all my life.”  Little tip:  That's maybe not something you say in 
public, Fred.

You may remember Mr. Luddy as part of the Peregrine gang, which looks to be up 
to their old shenanigans.  Details here. 
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/

Rick Cook

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_



--

John Sundberg
Kinetic Data, Inc.
Your Business. Your Process.


651-556-0930tel:651-556-0930 
ijohn.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com


www.kineticdata.comhttp://www.kineticdata.com/ 
Icommunity.kineticdata.comhttp://community.kineticdata.com/




_ARSlist: Where the Answers Are and have been for 20 years_

_ARSlist: Where the Answers Are and have been for 20 years_



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Re: BMC sues SNOW

2014-09-23 Thread Brittain, Mark
Actually a pretty good marketing strategy. Company looking for a solution might 
be shy of Service Now if there were the possibility of a massive upgrade due to 
some court decision. Better to pick some other provider now (e.g. BMC) and 
avoid that possibility. Those thinking of jumping from BMC to SNOW, might think 
again or wait.

Mark

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Richter, Howard (CEI - Atlanta)
Sent: Tuesday, September 23, 2014 3:09 PM
To: arslist@ARSLIST.ORG
Subject: Re: BMC sues SNOW

**
All,

I wonder if its based on some of the former BMC/Remedy employees that now work 
for SNOW and the fact that employers require NDAs.

Just a thought.

Howard

From: Action Request System discussion list(ARSList) 
[mailto:arslist@ARSLIST.ORG] On Behalf Of Danny Kellett
Sent: Tuesday, September 23, 2014 12:10 PM
To: arslist@ARSLIST.ORG
Subject: Re: [arslist] BMC sues SNOW

**
I can't see how any of these actually stand up in court. If you read the first 
patent it basically says get the details of a computer system into a text file 
and load the information into a database

If that's the case then Tivoli, et al, look out!

What a waste of time, money and resource imho.

--
Danny Kellett
dkell...@javasystemsolutions.commailto:dkell...@javasystemsolutions.com



On Tue, Sep 23, 2014, at 04:49 PM, Rick Cook wrote:
**
Maybe, but legally, there is a difference between stealing a concept (nothing 
new under the sun) and stealing (the details) how that concept is brought to 
market.  It doesn't help that the SNOW C-team is full of people with a track 
record of unethical, if not illegal, behavior.  That BMC isn't the only 
competitor suing them adds weight to the claim.

Rick Cook

On Tue, Sep 23, 2014 at 8:44 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
That is a “stolen quote” …

Many people say that line.

Indirectly - it is saying - nothing is invented - just new interpretations of 
existing stuff.

Take for example: http://www.google.com/patents/US7617073

Adding colors to elements - based on health - and then make special marks based 
on a dependents components health.

This sort of seems to be previous art.

http://en.wikipedia.org/wiki/Charles_Joseph_Minard#mediaviewer/File:Minard-carte-viande-1858.png
(Looks old to me)


-John


On Tue, Sep 23, 2014 at 10:08 AM, Rick Cook 
remedyr...@gmail.commailto:remedyr...@gmail.com wrote:
**
The money quote:  ...company founder, Fred Luddy, described his approach to 
innovation by saying “. . . good artists copy and great artists steal, and I’ve 
been a thief all my life.”  Little tip:  That's maybe not something you say in 
public, Fred.

You may remember Mr. Luddy as part of the Peregrine gang, which looks to be up 
to their old shenanigans.  Details here. 
http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/#http://www.sandiegoreader.com/weblogs/news-ticker/2013/apr/03/peregrine-ii-servicenow-insiders-including-moores-/

Rick Cook

On Tue, Sep 23, 2014 at 8:01 AM, John Sundberg 
john.sundb...@kineticdata.commailto:john.sundb...@kineticdata.com wrote:
**
http://www.bmc.com/news/press-releases/2014/BMC-Software-Sues-ServiceNow-for-Patent-Infringement.html



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John Sundberg
Kinetic Data, Inc.
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