Trend Micro Sues Barracuda Over Open Source Anti-Virus

Jon Radel jon at
Tue Jan 29 22:39:16 GMT 2008

Julian Field wrote:
> Hugo van der Kooij wrote:

>> Well You are right about you and me. But those users using MailScanner
>> in the US? They are violating the patent in question. So some of "us"
>> might be liable as well if this stinking deal goes on.
> But I thought patents affected the designers of such systems, not the 
> users. They are going after Barracuda, not their customers.

Barracuda is easier to find and is more likely to settle for some sum of
money and future licensing fees.

The users are harder to find and are more likely to throw their
Barracuda in the dustbin rather than settle for enough to pay for
Trend's lawyers.

However, if somebody really big, with lots of money, were using lots of
Barracudas, this might be a different matter.  In the U.S. at least,
*use* of patented technology, not merely sale or manufacturing of a
gadget that includes it, without license from the patent holder, opens
you to liability.

--Jon Radel
Warning:  I don't even play a lawyer on TV.
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