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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