McAfee Granted Firewall Patent 310
BadUspto writes "BetaNews reports that 'The United States Patent and Trademark Office has granted software maker McAfee a patent for tracking network events on a computer using a firewall. The patent filing involves tracing the location of an incoming connection and displaying a map showing where the remote system geographically resides.' Doomsday for VisualRoute and others?"
Prior Art (Score:5, Insightful)
See James Bond, Goldeneye [imdb.com]
Re:Prior Art (Score:2)
Re:I'm a little affraid (Score:5, Funny)
I think it would be "Method of configuring a computer to spread viruses"
In the same train of thought: could one patent a "Method of encoding a self-replicating computer program", release it under a non-transferrable license, and then sue the crap out of everyone who gets infected?
Re:I'm a little affraid (Score:5, Insightful)
Re:I'm a little affraid (Score:4, Insightful)
That would be "Method of configuring computers for extremely quick and reliable spread of various software without user interaction" This is a lawyer talking, remember?
Re:I'm a little affraid (Score:3, Interesting)
Back then it was Apple who vigurously chanted the "I've got a pattent" song.
prior art? (Score:4, Interesting)
What of those of us that can, and have been, doing such IP -> rough geographical area translations in our mind for years?
Re:prior art? (Score:2, Insightful)
Stupid patent? Yes. Prior art? It's specific enough that I doubt there is any. Anybody know of software that traces geographically incoming connections, 'cause I don't.
Re:prior art? (Score:3, Informative)
You mean like XTraceRoute [chalmers.se]?
Re:prior art? (Score:2)
Or, to put numbers on the features:
1. traces
2. geographically
3. incoming connections
XTraceRoute seems to accomplish 1 and 2. Since it doesn't do 3, it's not what the grandparent wants, right?
Re:prior art? (Score:3, Informative)
some guy just doing something doesnt count as prior art - it has to be published.
If someone had written a HOWTO on writing a script to use XTraceRoute then that might count.
Except that a patent is not on a concept, it's on a method.
I doubt that the aforementioned script is the method used by McAffee, so not only would it not count as prior art, it also wouldnt infringe.
Re:prior art? (Score:2, Interesting)
Holy cats. What rock do you live under?
Even as early as 1993 there was a graphical traceroute on the NeXT systems which attempted to put whois data together with traceroutes. I googled for a while but couldn't find it specifically.
There is the GeoTrace project on sf.net. That's been there since at least 2001.
Googling for "geographical traceroute" turns u
Re:prior art? (Score:2)
Re:prior art? (Score:3, Insightful)
Re:prior art? (Score:2)
They may have been pretty good once, but they have fallen to being completely useless.
I would just about run without virus protection than to use McAfee's anti-virus.
I would pay for an anti-virus service from someone else's before I'd use McAfee's for free. In fact, I did just that a couple of years ago.
Re:prior art? (Score:2)
>enough that I doubt there is any.
As the original poster said, prior art is not the only requirement one look at. In addition to no prior art, a patent can't be something that is obvious to people in the field (call them experts or whatever), or trivial. In many of the cases of software patents I would say that even if there is no prior art (which seems to be what people focus on mostly here), it is really very obvious things even to someone NOT in the fie
Re:prior art? (Score:2)
In other words, the "method" is not much of an invention if just about any programmer (i.e. 'person skilled in the field') can come up with the method in a few minutes, which is CERTAINLY true in this case. Note I'm referring to the method, not the idea of doing it: you can't patent an "idea" (e.g. "show geographical location of incoming firewall connections"), you patent a method for implementing an idea. You can take any programmer off the street, tell him/her to "show geographical location of incoming fi
Re:prior art? (Score:3, Interesting)
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said su
Re:prior art? (Score:2)
If you entered "who" at any point in t
Re:prior art? Gtrace (Score:2)
This was found w
Re:prior art? (Score:3, Insightful)
Re:prior art? (Score:2, Interesting)
Re:prior art? (Score:3, Funny)
Yep, that's tr... correct. (Actually, I have no idea.)
Re:prior art? (Score:3, Insightful)
Yes, but from the way the courts work, and the way the patent office handles things, it just goes into the in hopper and will be handled in the order its postmarked as (supposedly). There is little or no attention paid to the fact that the inbox needs to be another room built onto the agency, the
Re: (Score:2)
Yea! (Score:2, Funny)
Let the lawsuits fly (Score:5, Informative)
Re:Let the lawsuits fly (Score:4, Interesting)
Re:Let the lawsuits fly (Score:2)
If it showed it down to the street level and a user could see that the intrusion attempt is coming from the neighbor next door, then the user could talk to his neighbor.
Anything else is eye candy at best.
Yes, doomsday for them (Score:4, Insightful)
I'm not saying it's right. I'm not going to go as far as to say that the whole system ought to be scrapped, either. There are good things and bad things about the current system, but unless we can come up with a better system that will help promote the advancement of arts and sciences without trampling on the rights of inventors and creators, this is the only system we've got.
The best thing to do would be to take a hard look at the patent system and figure out how it can be rid of the badly-working parts and how to improve the parts that work well. Then perhaps we can have a fair and equitable system of patents.
Re:But it SUCKS. (Score:5, Insightful)
Don't forget that software patents are very new- they've only been allowed since about 1996 or so. They don't promote innovation at all - they stifle it. They allow the one thing that's bad for consumers- limited choice and a greater potential for vendor lock-in. They make it difficult for competition, since "licensing fees" could easily result in a net loss for anyone attempting to offer products or services in the same market. Since this provides patent holders with a larger captive market (not by consumer choice, mind you), there is less incentive to invest in things that matter- like providing good customer service and a good quality product.
sig (Score:2)
I have a feeling they argued about this for a while, but decided that letting people correct their spelling mistackes and reword their awkwardly-worded phrases wasn't worth the trouble of rerendering the static pages. Not to mention all the weirdness that would occur if a clever troll posts something that is insightful, has it modded up to +5, then replaces the text with either goatse guy or a GNAA press release.
Re:sig (Score:2)
Re:sig (Score:2)
the burden of proof is on you (Score:5, Insightful)
There is no evidence that the current system promotes the advancement of arts and sciences, or engineering for that matter.
In fact, quite to the contrary, in software, we have pretty clear indiciations that patents are not required for advancement in software, and that they may actually be harmful.
The best thing to do would be to take a hard look at the patent system and figure out how it can be rid of the badly-working parts and how to improve the parts that work well. Then perhaps we can have a fair and equitable system of patents.
We don't have unlimited time. Software patents have been around for only about a decade now and they are already causing lots of damage. The burden is on people like you to come up with a system that demonstrably works, or we really should scrap the entire system.
Granting people and companies 20 year monopolies is something extraordinary. The burden of proof that this is something we should do is on people like you who want to keep some form of the system. If you can't come up with clear and convincing evidence, we should scrap it.
Re: (Score:2)
Re:NO, the patent doesn't apply to Visual Route (Score:2)
libusesfirewall.so
or
usefwall.dll
? I wonder.
Or maybe:
libdoesntuseafirewall.so
and then a "third" party releases:
libdoesuseafirewallreally.so
implementing the same convenient function calls.
Sam
Re:NO, the patent doesn't apply to Visual Route (Score:2)
I suspect the writs will fly anyway.
Re:NO, the patent doesn't apply to Visual Route (Score:2)
Read the patent claim. It specifies "Using a Firewall". VisualRoute does not use a firewall, so they have nothing to fear.
WTF did a specific instance (geographically mapping incoming connections on a firewall) of the common existing case (geographically mapping all connections on a general purpose computer) even make it past a first reading at the patent office?
It's so bad I'm starting to think the patent office examiners are being paid off. With the stroke of a pen the gnomes at the patent office get
We already had such a system (Score:2)
Software has only recently been considered patentable; in fact the largest body of computer work by far was done before software was considered patentable.
There's so many it would be foolish to list...real, actual advance...
job scheduling
protected memory
lossless compression
mice
dynamic RAM
static RAM
virtual
Re:Yes, doomsday for them (Score:3, Insightful)
Then perhaps we can have a fair and equitable system of patents.
A fair system may involve no patents at all. For example, I think a system that did not give exclusive rights but limited rights only, and shared those rights amongst all independent inventors of the same thing, would probably be more equitable.
Not necessarily disagreeing with your point but the standard of public debate on "intellectual products" and how to legally manage them is abysmal. All that people on the net, lawyers or otherwise,
Isn't there... (Score:2, Insightful)
I mean, if there is such division, distribution, assignments, etc. of ip addresses why not just poll a stinkin DNS server that knows how the IPs are distributed by country and ISP??
I read that somewhere, too lazy to look without loosing my place in the first replys for this one.
Have a good one.
Re:Isn't there... (Score:2)
As an example, take my computer at work. Despite being located in Sweden, it will always end up being decided to be in Finland since the company happens to be finnish.
Re:Isn't there... (Score:2)
Xtraceroute (Score:4, Informative)
Re:Xtraceroute (Score:3, Insightful)
Good Grief (Score:2)
Re:Good Grief (Score:2, Funny)
Re:Good Grief (Score:2)
Take that McAffee!
movie reference (Score:4, Funny)
US freedom again (Score:5, Informative)
Re:US freedom again (Score:3, Funny)
Re:US freedom again (Score:3, Funny)
Yeah.
Wait til the porn industry gets a hold of this. We'll have internet-enabled dildos that visually show the source of an intrusion.
Re:US freedom again (Score:2)
How about the snowman accessory kit (carrot, coal, scarf [5380237 and others]) or the prime number [wolfram.com] patent?
Firewall (Score:5, Interesting)
Re:Firewall (Score:2)
I don't know the answer, but I'm willing to bet that Microsoft bought up several smaller competing firewalls and picked one to extend and integrate and call it "personal firewall". This is and always has been their MO, they never write ANYTHING, they buy everything. This gets rid of potential competitors at the time they want to enter a market.
I remember it used to be often claimed that the Visual C compiler was 'derived from a product called Lattice C'. I once met one of the original 'Visual C++ version 1
This is why... (Score:2, Interesting)
Obviously, the affected applications are never going to be patched or updated, but it's still better than nothing. I will continue to do so, regardless of legality.
rubbbish (Score:2)
Re:"Regardless of legality" (Score:2, Interesting)
How do you figure? How do you know it's all F/OSS software that I was referring to? By posting on Slashdot, do I somehow instantly represent the F/OSS community? I don't think so. What I do think is that I get to use good software for as long as I wish. Go me.
Sometimes i just want to.. (Score:2, Interesting)
Re:Sometimes i just want to.. (Score:2)
What a fetid swamp politics is...
Re:Sometimes i just want to.. (Score:2)
What's the betting you got a boilerplate reply as a response? Something along the lines of: "The [Political Party] supported an amendment to the definition, so that 'In order to be patentable, a computer-implemented invention must be susceptible of industrial application and new and involve an inventive step. In order to involve an inventive step, a computer-implemented invention must make a technical contribution'."?
Be aware, th
I'm a little affraid (Score:5, Interesting)
Re:I'm a little affraid (Score:4, Informative)
Maybe I'm in over my head a little bit. Can someone still release an open source GPL product that does the same thing as McAfee's deal and be untouchable?
No, if this patent is upheld noone can release any similar functionality under any license for any reason. More or less.
Having said that, a patent is more or less useless until the patent owner successfully sues someone. Until a court upholds their patent it's just an assertion that's 'checked' by the USPTO. But I sure wouldn't want to be the poor bastard sued first .....
Re:I'm a little affraid (Score:3, Informative)
So I buy a license for your "invention" to be used in my "invention". I then sell my "invention" to others to use.
*The fundamental difference with patents is that I am free to charge whatever I want for my extension and no body is allowed to entend your product in the same way that I have.
Re:I'm a little affraid (Score:2)
The patent system was created to allow inventors due compensation for releasing their invention for use by the public.
But I do agree that my analogy with the GPL was a bit misleading. My appologies.
be very afraid (Score:5, Interesting)
no, and existing programs aren't really safe either -- the "prior art" defense is mostly a fantasy. in a legal battle between the typical large corporation and the typical freeware developer, the latter will be living in the street LONG before they can use the "prior art" defense -- assuming they have a good enough lawyer to successfully use it, and a judge that will accept it. some of us have been screaming about the danger of software patents to the right to program since the mid-90s. pity nobody paid attention then. too late now. hang on to your tar bundles, because sooner than you think you won't be able to get them anymore. at least in countries with software patents -- the us, the eu, etc.
Re: (Score:2)
JESUS H CHRIST IN A CHICKEN BASKET! (Score:4, Funny)
For the love of whatever! Is nothing sacred? I finaly found something, a nice combo of BSD/Linux/OS X over various devices that returned a bit of control to my computing experience. Mind you, I've been into this since the very begining of PC use. And now, some greedy fuck (whom is OS specific none the less) needs to step in and take advantage of one of the most chiken-shit money grabs in the known world, the USPTO. Sigh... Yeh, yeh, prior art, blah blah. There's plenty of flesh-eating lawyers out there for MacFuckify to employ and possibly make this a pain in the ass for some time to come. Goddamn you windoze and all the leaches on your digi-herpies infested ass. If this flys, I'm going ludite right down to the use of an abacus. Fuck it, I'm tired...
since when... (Score:2)
hopefully, poland will keep stopping each attempt to put the software patents issue on the menu of the various european agriculture, fishing, wanking,
Government by bribe ... (Score:4, Insightful)
In all honesty. . . (Score:2)
McAfee bought Neoworx in 2002, and the NeoWatch firewall was the first one that I had seen that would automatically do a little graphical trace for you. Basically a firewall with a cheapo neotrace embedded in it (you could also use the full version if you had it)
I used neowatch
The patent is pretty narrow though, If they were first, I don't see much to bit
A modest proposal (Score:5, Insightful)
[blatently unpatentable thing] + "on the internets"
[blatently unpatentable thing] + "automagically"
[blatently unpatentable thing] + "in a browser"
And now we have
[blatently unpatentable thing] + "with a Firewall"
None of this should be patentable. New and truly novel approaches to computing issues should be, but those are exactly the types of things which are too important to patent. Where would computing be today if patents covered the concepts of Neural Networks, Fuzzy Logic, evolutionary algorithims, or for that matter object-oriented programming and distributed networks?
Patents were supposed to be unlikely to be duplicated. Theoretically, if I wanted to do something and I didn't know how, I would have to turn to somebody with a patent. However, these days it's impossible to blow your nose without first calling a lawyer to figure out if someone patented nose-blowing in such a way. And chances are someone has.
We should just shut software patents down for 10 years, let the technology mature, then re-examine whether they're helping or slowing us down. In 10 years time we may have exhausted enough of the obvious things that only patentable things will remain.
Re:A modest proposal (Score:2)
Where'd you get that idea? If it was unlikely to be duplicated, the innovator would just keep it a trade secret. That way, he doesn't have to tell anyone how it works.
If OO programming had been patented, it wouldn't have made much of a difference. Simula was made in, what, '67? So the patent would have expired in '81, which is about when people started caring.
I agree with your main point, though, that doing something old in a new context doesn't make
Re:A modest proposal (Score:2)
Too many modern patents go the other way - obvious solutions to common problems and deliberately vague so that any other good ideas somebody else thinks of afterwards can be claimed as being included.
Prior Art, Part MCXII (Score:5, Insightful)
You could probably program the "remotes" on the Aaphid NIDS system to do the job. There are commercial systems that certainly work like this. Judging by the descriptions given in the Internet Audit Project, some time back, the military and intelligence networks also have such systems.
Perhaps the "perfect fit" would be an active firewall/NIDS system (for you counter-intrusion) and some sort of packet analyzer and/or active scanning software to establish the identity of the real attacker.
Again, such software is certainly around and is nothing particularly new or exciting. Many of the fancier NIDS packages use Bayesian filters to look for abnormal behavior, as opposed to looking for specific attack patterns. If you want to be really fancy, you stick a honeypot in parallel with the real firewall, disguising the honeypot as a firewall in its own right. Everything that goes to it is obviously bogus traffic.
The problem with the US patent office is that they don't search for prior art. Well, they get too many patents to do that efficiently, so they trust the person filing, until someone complains. If the patent is overturned, the filer can sometimes get their money back.
Supposedly, during "patent pending", problems can be ironed out. They often aren't, because companies are loath to expose "trade secrets" or other unpublished information, and Joe Bloggs doesn't have the money or (in many cases) any standing to object. (Courts are very fussy about people having standing in a case.)
The "minimum change" solution would be for all court costs and lawyer costs to be loaned by the Government, with the loser in the case having to pay back the loan for both sides, plus interest. That way, frivolous objections would become too expensive, but so would frivolous patent claims.
As for this system - I say ignore the patent and use pre-existing solutions that do the same thing. This is a situation where "civil disobedience" is not only possible, but also low-risk. McAfee is unlikely to be vigorous in the pursuit of their IP, if it was pretty certain they'd lose any case and be humiliated.
Re:Prior Art, Part MCXII (Score:3, Insightful)
Another problem plaguing the system is that patents are written by patent attorneys so that they are as broad as possible. The patent holder wants the loosest possible definition so they might chase down patent infringers, and also so that they might take the narrowest scope possible when being chased for
Please (Score:2)
IP Addresses per Country - Will this work? (Score:2)
Re:IP Addresses per Country - Will this work? (Score:2)
When looking up a cable or DSL address you usually get the address of the ISP head office instead of the particular customer, and this could be very far off in a large country.
However, there are companies that now offer mor exact location service per individual IP address.
They keep a database that relates IP address to postal cod
Re:IP Addresses per Country - Will this work? (Score:2)
Combine that with tracing the
Symantec holds the N/w Intrusion detection patent (Score:2)
Another example is the signature based dynamic NIDS patent [uspto.gov] that Symantec acquired through an acquisition. This is
In other news (Score:2)
Apple come out and patent multi-coloured cabling and cable ends.
IBM come out and patent the all metals in the periodic table, including TCP - twisted copper pair, and new element.
SCO claim that Adams signed over the rights to Eden, and start suing all carbon based lifeforms.
A small new zealand company finds that it invented fiber optic
In Poland... (Score:2)
Not quite catchy, but I love Poland, and I am going there on holiday, and I am going to hug some polish people and cry real tears on thier shoulders, and maybe do the dirty with some fit lesbo polish teens [google.com].
nice
Why don't we go back to NDAs? (Score:2)
Prior art (Score:2)
Here's what I think covers the patent:
METHOD for determining the geographic location of an intrusion attack
I claim
1. A firewall is a mechanism for detecting and blocking a incoming network package
2. Said firewall detects and records the attempt of an unauthorized network connection to a system(s) connected to the internet (Patented and invented by Al Gore)
3. Using a Traceroute (patented by Holmes, Sherlock, historical patent: how to track intruders when they leave their home address), the true identity
I wrote and distributed prior art in 2001 (Score:3, Informative)
This commercial product was developed in August 2001, and the specific event related ip info/trace type features that exactly match this patent (minus the 'map' image) were implemented into the report generator no later then the 2nd week of January 2002, immediately put into production for all current customers to access, and specifically demonstrated to a potential customer withing days. This falls before the February 8, 2002 application date of this patent.
Anyone looking to make a formal challenge to this patent contact me. dcinege ****AT*** psychosis dot com
Oh damn (Score:3, Interesting)
Figures... (Score:3, Interesting)
Re: Surely some prior art? (Score:3, Insightful)
Since when do patents include inventions? I always believed patents were describing old stuff, and are meant to provide lawyers with jobs.
Re:Surely some prior art? (Score:3, Funny)
Yes, it includes a *plurality* of views. Not just one screen, two screens, but N screens. Total genius, only a Communist would object to a patent like that.
Re:2002? (Score:2, Informative)
Wouldn't that seem to be prior art for a copyright granted in 2005?
Re:2002? (Score:3, Interesting)
Re:Patents... (Score:3, Informative)
No, it was swinging sideways on a swing [slashdot.org]. (Covered on Slashdot, even. Sheesh, you must be new.)
Also seen here [newscientist.com], here [fightthepatent.com], and here [henrythornton.com].
Re:Patents... (Score:2)
The US Patent Office says it does not comment on individual patents, leaving it unclear how such an obvious idea won approval. A spokeswoman did say that the patent office uses a legalistic definition of obviousness: "That is not necessarily the conventional definition."
Now, I'd like to have that in context, but does sound like they're admitting to using
Re:Doesn't an invention HAVE TO WORK???? (Score:2)
Re:Doesn't an invention HAVE TO WORK???? (Score:2)
More data on the prof (Score:2)
Re:It's official... (Score:3, Interesting)
The US has jumped the shark, ceased to be useful, lost all insight, and generally become a bloated, monstrous, piece-of-shit government that only serves to rubber-stamp anything that comes across its desk that looks like it might make some corporation a dollar.
That's better
+1 (Score:2)
Insightful/informative .. this is precisely what it's about, I've been saying this for a while.