Legal Battle over ClamAV – Open Source Community Asked to Help
US software vendor, Barracuda Networks, is looking to fight a software patent claim by Trend Micro with support from the Open Source community.
The root of the legal dispute is a patent by Trend Micro covering an anti-virus solution in combination with a firewall or gateway. The opponent in the legal dispute is the security vendor Barracuda, which uses the free ClamAV anti-virus software in its own products.
The disputed Trend Micro patent #5.623.600 from 1995 describes the technology in a very generic way stating that the 600 patent searches the network gateway for viruses and other undesirable software. At the same time, because viruses can be embedded in content (such as email attachments and other web content), the 600 patent searches the content.
Software patents of this kind, which are often referred to as trivial due to their generic wording, are contentious in Europe, but a generally accepted business basis in the USA. Barracuda Networks is looking to contest the patent and regards the current case as a precedent in which it calls on the Open Source community to give support.
Under US legislation a patent can be declared invalid if the contester is able to prove that the technology it describes was known as prior art to the patent being assigned. This is why Barracuda Networks is looking for comprehensive evidence of this prior to September 26 1995, the date on which Trend Micro applied for its patent. The prior art in this case mainly comprises an antivirus scanner in combination with a firewall or a gateway. This could be software code, but also advertising material, other publications, or references to websites. Barracuda Networks has set up a separate website which describes both the legal dispute and the material sought for.
Barracuda Networks submitted an action for declaratory judgment in the spring of 2007 with the aim of having the patent ruled invalid. In response, Trend Micro submitted a counter claim. November 20, Trend Micro contacted the US International Trade Commission (ITC) and submitted a claim agains Barracuda and a second company, Panda Software International, with the aim of securing license payments or forcing the two companies to discontinue use of ClamAV. Trend Micro describes the object of the claim as follows: "ClamAV software is written, at least in part, by ClamAV developer team members located in Europe and Australia". Trend Micro thus concludes that the contentious software is imported by Barracuda, and the ITC can only rule on questions concerning imported goods. In a recent press release, Barracuda's CEO, Dean Drako responded saying: "Barracuda Networks designs and manufactures all of the products in question in the United States." The ITC would thus be the wrong address for the complaint, and Barracuda could again focus on its original objective of attempting to invalidate the software patent.
Subscribe to our Linux Newsletters
Find Linux and Open Source Jobs
Subscribe to our ADMIN Newsletters
Support Our Work
Linux Magazine content is made possible with support from readers like you. Please consider contributing when you’ve found an article to be beneficial.
News
-
Red Hat Adds New Deployment Option for Enterprise Linux Platforms
Red Hat has re-imagined enterprise Linux for an AI future with Image Mode.
-
OSJH and LPI Release 2024 Open Source Pros Job Survey Results
See what open source professionals look for in a new role.
-
Proton 9.0-1 Released to Improve Gaming with Steam
The latest release of Proton 9 adds several improvements and fixes an issue that has been problematic for Linux users.
-
So Long Neofetch and Thanks for the Info
Today is a day that every Linux user who enjoys bragging about their system(s) will mourn, as Neofetch has come to an end.
-
Ubuntu 24.04 Comes with a “Flaw"
If you're thinking you might want to upgrade from your current Ubuntu release to the latest, there's something you might want to consider before doing so.
-
Canonical Releases Ubuntu 24.04
After a brief pause because of the XZ vulnerability, Ubuntu 24.04 is now available for install.
-
Linux Servers Targeted by Akira Ransomware
A group of bad actors who have already extorted $42 million have their sights set on the Linux platform.
-
TUXEDO Computers Unveils Linux Laptop Featuring AMD Ryzen CPU
This latest release is the first laptop to include the new CPU from Ryzen and Linux preinstalled.
-
XZ Gets the All-Clear
The back door xz vulnerability has been officially reverted for Fedora 40 and versions 38 and 39 were never affected.
-
Canonical Collaborates with Qualcomm on New Venture
This new joint effort is geared toward bringing Ubuntu and Ubuntu Core to Qualcomm-powered devices.