Trend Micro might insist that its patent case against Barracuda Networks isn't about free software -- but try telling that to the free and open source software (FOSS) community. Since Barracuda Networks went public about the case last month, it has heard from "a tremendous number of individuals" according to Dean Drako, Barracuda's president and CEO. Even more significantly, announcement of the case has led to a boycott against Trend Micro.

It's unusual for companies engaged in patent litigation to comment on how the fight is going. But Barracuda Networks CEO Dean Drako has openly sought FOSS community support for his company's defense again a Trend Micro lawsuit that, while filed against his company, is really about ClamAV.

There's some news on the Trend Micro v.Barracuda Networks case. That is the one where Trend Micro sued Barracuda over ClamAV and brought a complaint to the International Trade Commission. Barracuda has just filed a countersuit in California, alleging patent infringement by Trend Micro.

The already vicious lawsuit involving Barracuda Networks and Trend Micro that is currently in discovery in front of the American International Trade Commission (ITC) just turned nastier. Barracuda has filed its own patent infringement claim against Trend Micro, based upon three recently acquired patents.

"Join us and the ScriptumLibre.org Foundation in boycotting all products and services sold by Trend Micro. The proprietary software company Trend Micro has filed a patent infringement lawsuit against Barracuda Systems. They claim that Barracuda is violating their patent by distributing the free software antivirus program ClamAV..."

A new, free alternative to Spamhaus has arrived: the Barracuda Reputation Block List (BRBL), provided by well-known, open source-based Barracuda Networks. And Barracuda CEO Dean Drako says the company has no plans to charge for the service in the future.

Goran Fransson, a Swedish developer and entrepreneur, has given a deposition in the Barracuda-Trend Micro case that appears to seriously undermine Trend Micro's patent on gateway virus scanning.

As part of my interview with Dean Drako of Barracuda Networks, he mentioned to me some survey work Barracuda has done. Barracuda talked to 228 enterprise customers and asked what advantages open source has over proprietary software, and vice versa.
The answers were a bit surprising.

Barracuda Networks is actively seeking the support of the free and open source software (FOSS) community in its battle against a patent suit brought against it by Trend Micro.