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