Barracuda Networks Defends Free and Open Source Software From Patent Threat by Trend Micro.Barracuda Networks Barracuda Networks, Inc. is a privately held company providing firewall products to block e-mail spam, viruses, spyware, load balancing and instant messaging software. Barracuda Networks was established in 2002[1] Defends the Use of Free and Open Source ClamAV Software for Internet Security ''This article or section is being rewritten at Internet security is the process of protecting data and privacy of devices connected to internet from information robbery, hacking, malware infection and unwanted software. CAMPBELL, Calif. -- Barracuda Networks Inc., the worldwide leader in email and Web security appliances, today announced it plans to defend itself, the open source community and the free and open source Clam AntiVirus Clam AntiVirus (ClamAV), is a free open source antivirus software toolkit for Windows and Unix-like operating systems. One of its main uses is with mail exchange servers as a server-side email virus scanner. software from a patent threat by Trend Micro. Barracuda barracuda, slender, elongated fish of tropical seas. Barracudas have long snouts and projecting lower jaws armed with large, sharp-edged teeth. They are ferocious, striking at anything that gleams, and are considered excellent game fishes. Networks' decision to take action comes after repeated requests from Trend Micro demanding Barracuda Networks remove ClamAV from its products or pay a patent license fee. "Trend Micro's actions illustrate that ClamAV and other open source projects remain vulnerable to commercial patent holders attempting to unjustly hinder the free and open source community," said Dean Drako, president and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Barracuda Networks. "Trend Micro appears to be seeking an interpretation of its '600 patent such that it would have exclusive control of gateway antivirus scanning. Scanning for viruses at the gateway is an obvious and common technique that is utilized by most businesses worldwide. So this interpretation would mean that anyone, including the owners of the more than one million active ClamAV installations, could potentially be sued by Trend Micro." Barracuda Networks filed for declaratory judgment declaratory judgment In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument. It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that in early 2007 in U.S. Federal Court to invalidate Trend Micro's U.S. Patent No. 5,623,600 and to end Trend Micro's continued legal threats against Barracuda Networks for use of the free and open source ClamAV software. Trend Micro subsequently responded to that declaratory DECLARATORY. Something which explains, or ascertains what before was uncertain or doubtful; as a declaratory statute, which is one passed to put an end to a doubt as to what the law is, and which declares what it is, and what it has been. 1 Bl. Com. 86. action and more recently Trend Micro filed a claim with the International Trade Commission (ITC ITC (Brit) n abbr (= Independent Television Commission) → Fernseh-Aufsichtsgremium ITC n abbr (BRIT) (= Independent Television Commission) → ). The ITC voted to investigate the claim in December 2007. Trend Micro's ITC claim alleges that Barracuda Networks infringes on Trend Micro's '600 patent, but effectively implies that anyone using the free and open source ClamAV software at the gateway infringes on the patent. Barracuda Networks believes that the patent is invalid due to prior art and further believes that neither its products nor the ClamAV software infringe the patent. "Trend Micro's claim with the ITC is unfounded since the ITC generally oversees import issues," said Drako. "Barracuda Networks designs and manufactures all of the products in question in the United States. We believe that Trend Micro's actions are a blatant abuse of the U.S. legal system. Since Trend Micro is a consumer of free and open source software See free software and open source. we call on Trend Micro to drop these attacks." Eben Moglen is the founding director of the Software Freedom Law Center, an organization with a mission "to protect and advance free and open source software," and one of several influencers within the free and open source community that supports Barracuda Networks' efforts. "Collective defense from software patents is a shared responsibility for everyone in the free software ecosystem," said Moglen. "We are grateful to see device manufacturers like Barracuda Networks take on this responsibility, and we will do what we can to help those who help free software resist such patent abuse." ClamAV, the free and open source software at the core of this case, was originally developed by Tomasz Kojm in 2001, with more than one million unique IP addresses downloading updates daily. ClamAV was acquired by SourceFire (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on :FIRE), the company that created SNORT, in August 2007. For more information on this issue, please visit www.barracudanetworks.com/legal. About Barracuda Networks Inc. Barracuda Networks Inc. is the worldwide leader in email and Web security appliances. Barracuda Networks also provides world-class IM protection, application server load balancing and message archiving appliances. More than 50,000 companies, including Coca-Cola, FedEx, Harvard University, IBM (International Business Machines Corporation, Armonk, NY, www.ibm.com) The world's largest computer company. IBM's product lines include the S/390 mainframes (zSeries), AS/400 midrange business systems (iSeries), RS/6000 workstations and servers (pSeries), Intel-based servers (xSeries) , L'Oreal, NASA NASA: see National Aeronautics and Space Administration. NASA in full National Aeronautics and Space Administration Independent U.S. and Europcar, are protecting their networks with Barracuda Networks solutions. Barracuda Networks' success is due to its ability to deliver easy to use, comprehensive solutions that solve the most serious issues facing customer networks without unnecessary add-ons, maintenance, lengthy installations or per user license fees. Barracuda Networks is privately held with its headquarters in Campbell, Calif. Barracuda Networks has offices in eight international locations and distributors in more than 80 countries worldwide. For more information, please visit www.barracuda.com. |
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