xref: /netbsd-src/external/ibm-public/postfix/dist/US_PATENT_6321267 (revision 7d62b00eb9ad855ffcd7da46b41e23feb5476fac)
1[The patent discussed in this document expired in 2019, without a
2request for extension. The owner of that patent can no longer sue for
3infringement. However, other patents may make similar claims. The text
4below may serve as an example for dealing with them.]
5
61. Disclaimer: This text is not an authoritative statement.  If
7you are concerned about the implications of US patent 6,321,267,
8then you should give this text to your own lawyer and get their
9advice.
10
111.1 Postfix is an MTA that aims to be an alternative to the widely
12    used Sendmail MTA. Postfix is available as open source code
13    from http://www.postfix.org/. One of the features implemented
14    by Postfix is called "sender address verification".
15
161.2 US patent 6,321,267 (reference 4.1) describes a number of means
17    to stop junk email.  One of the elements described in this
18    patent is called "active user testing".
19
201.3 Postfix "sender address verification" and US patent 6,321,267
21    "active user testing" are implemented by connecting to an MTA
22    that is responsible for the sender address.  Specifically, both
23    use the SMTP RCPT command, and both infer the validity of the
24    address from the MTA's response. Reference 4.3 defines SMTP.
25
26=====================================================================
27
282. It is my understanding that the Postfix MTA's "sender address
29verification" does not infringe on US patent 6,321,267 for the
30following reasons:
31
322.1 There is prior art for US patent 6,321,267 "active user testing"
33    within the context of the Sendmail MTA. See item (3.1) below.
34
352.2 US patent 6,321,267 covers "active user testing" only in
36    combination with functions that the Postfix MTA does not
37    implement.  See items (3.2) through (3.5) below.
38
39=====================================================================
40
413. Discussion of specific details of US patent 6,321,267, and their
42relevance with respect to the Postfix MTA.
43
443.1 Prior art. The "active user testing" method is described in
45    the paper "Selectively Rejecting SPAM Using Sendmail" by Robert
46    Harker (reference 4.2).  The paper is cited as the first
47    reference in US patent 6,321,267, and was presented in October
48    1997. The patent was filed more than two years later, in November
49    1999.  The paper says:
50
51	Bogus User Address
52
53	A desirable criterion for rejecting mail is to filter on
54	bogus user address. However, testing for a bad user address
55	is much harder because, short of sending a message to that
56	user address, there is no reliable way to check the validity
57	of the address.  A simplistic test for a bad user address
58	might be to connect to the sender's SMTP server and use
59	either the SMTP VRFY or RCPT command to check the address.
60	If the server does local delivery of the message then this
61	would work well.
62
63    The prior art is about stopping junk mail with the Sendmail
64    MTA. It is my understanding that this prior art is equally
65    applicable to other MTAs, including the Postfix MTA (see items
66    1.1 and 2.2 above).
67
683.2 Combination of elements not implemented by the Postfix MTA.
69    Claim 1 of US patent 6,321,267 involves a combination of A)
70    determining whether the sending system is a dialup host, B)
71    determining whether the sending system is an open mail relay,
72    and C) active user testing.
73
74    Postfix does not implement elements A) and B) of claim 1.
75    Therefore, it is my understanding that the Postfix MTA does
76    not infringe on US patent 6,321,267 claim 1.
77
783.3 Combination of elements not implemented by the Postfix MTA.
79    Claim 52 of US patent 6,321,267 involves the combination of A)
80    a proxy filter and B) active user testing.
81
82    Postfix is an MTA, not a proxy, and does not implement element
83    A) of claim 52.  Therefore, it is my understanding that the
84    Postfix MTA does not infringe on US patent 6,321,267 claim 52.
85
86    US patent 6,321,267 makes a clear distinction between proxies
87    and MTAs.
88
89    Figure 13 in US patent 6,321,267 shows how a proxy interacts
90    with a sending system and a local MTA.  In the case of (sending
91    system, proxy, local MTA), the proxy assumes no responsibility
92    for delivery of the email message.  The responsibility remains
93    with the sending system or passes directly to the local MTA.
94
95    Figure 4 in US patent 6,321,267 shows how a sending system
96    interacts with an intermediate MTA.  In the case of (sending
97    system, intermediate MTA, local MTA), the intermediate MTA
98    assumes full responsibility for delivery of the email message.
99
100    Figure 2 in US patent 6,321,267 shows how a sending system
101    interacts with a local MTA.  In the case of (sending system,
102    local MTA), the local MTA assumes full responsibility for
103    delivery of the email message.
104
1053.4 The other independent claims in US patent 6,321,267 involve
106    elements that the Postfix MTA does not implement, and do not
107    involve sender address verification. Therefore, it is my
108    understanding that the Postfix MTA does not infringe on these
109    claims in US patent 6,321,267.
110
1113.5 All dependent claims in US patent 6,321,267 depend on claims
112    that involve elements that the Postfix MTA does not implement.
113    Therefore, it is my understanding that the Postfix MTA does
114    not infringe on these claims in US patent 6,321,267.
115
1164.References:
117
1184.1 Albert L. Donaldson, "Method and apparatus for filtering junk
119    email", US patent 6,321,267.  Filing date: November 23, 1999.
120    http://www.uspto.gov/
121
1224.2 Robert Harker, "Selectively Rejecting SPAM Using Sendmail",
123    Proceedings of the Eleventh Systems Administration Conference
124    (LISA '97), San Diego, California, Oct. 1997, pp. 205-220.
125    http://www.usenix.org/publications/library/proceedings/lisa97/
126    full_papers/22.harker/22.pdf
127
1284.3 Jonathan B. Postel, "Simple Mail Transfer Protocol", August
129    1982. http://www.ietf.org/rfc.html
130