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By Mary Landesman, About.com Guide to Antivirus Software since 2000

Fischer to Users: Screw You

Friday January 9, 2009
Herein lies the reason that the U.S. Patent system is a joke. An award of a patent "grants the right to exclude others from making, using, offering for sale or selling or importing the invention." So anyone with money to burn has the ability to be granted a patent just for the sole purpose of blocking anyone else from using the idea.

In the case of Addison Fischer, who in the early 90s bought his way onto a board seat with RSA, the USPTO awarded him two patents in 1994 and 1995 that deal with behavior blocking and integrity checking. These technologies play an important role in protecting users against today's malware threats. It's doubtful anyone knew Fischer's patents even existed (or even Fischer himself), and certainly the ideas and technologies were discussed and existed well prior to Fischer's strategic move. But thanks to the laws of the patent office, if Fischer has his way, users be damned - antivirus vendors will be prevented from employing these technologies unless he gets paid royalties. Fischer is currently using the patent-friendly east Texas court system to sue what nearly amounts to an entire industry: AVG, Check Point, Comodo, ESET, F-Secure, Iolo, Kaspersky, McAfee, Microsoft, MicroWorld Technologies, NetVeda, Norman Data Defense Systems, Novell, PC Tools, PWI, Sophos, Sunbelt Software, Symantec, Trend Micro, Velocity Micro and Webroot Software.

From a timing standpoint, Fischer's move couldn't be more insidious. Malware is at an all time high, antivirus vendors are on the front lines of the battle doing everything they can, and resources - both human and capital - are tapped. If Fischer had bothered to act on his patents and bring a product to market to help protect users, that might be one thing. But as it is, Fischer simply took advantage of an opportunity made possible by his having enough spare bucks to throw at a patent application over a dozen years ago. He stands to lose absolutely nothing since he never had a business or product based on the technology. The real losers here are the users - me, you, and everyone else. It's bad enough that malware is being used by criminals to rip us off; it seems even worse when the menace is coming from a businessman who just wants to pocket some extra cash at the expense of our safety.

Comments

June 10, 2009 at 3:51 pm
(1) Dave says:

So, in your opinion, if I work and developed an idea that can be patented everyone else should have the freedom to use the idea I developed as they choose????

You make it seem as if people who want their ideas protected as evil beings who are trying to destroy the world. That is nonsense.

Fischer’s patent is readily available on the USPTO website. Why didn’t the companies using his patent approach him and make him an offer? Is their hijacking his patent more exceptable and easier for you to swallow?

This article is just plan sad. There were patents laws in place at the time the companies began using the technology. Because Fischer did not bring a product to market does not lesser his ownership of the idea.

June 10, 2009 at 8:04 pm
(2) Mary Landesman says:

If you read the article, you will see that it specifically states, “the ideas and technologies were discussed and existed well prior to Fischer’s strategic move.”

June 23, 2009 at 10:18 am
(3) Sarah says:

Hi Mary, I just emailed you privately about this piece, hoping you can help.

Thanks so much!

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