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Autoscaling patent filed?
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Autoscaling patent filed?

axerosaxeros Member
edited August 2015 in General

Are autoscaling cloud like VPS.NET, EC2 and Azure patented? It seems like Adobe patented this technology a few months ago, although I see a lot of hosts like Rackspace offering this.

New patent:

Does it mean it's now a violation to use openstack and sell the feature for autoscaling? This is more specific, are large companies taking over the industry by just patenting what they want, and what was not invented by them? I think autoscaling was available way before they filed the patent.


  • I updated the thread with additional information.

    Thanked by 1netrix
  • MaouniqueMaounique Host Rep, Veteran
    edited August 2015

    axeros said: Does it mean it's now a violation to use openstack and sell the feature for autoscaling?

    No, there are 2 cases:
    1. The patent does not refer to that. It is legal.
    2. The patent refers to that, but it is invalid if so, because it must be about a novel thing, which is clearly not the case since someone offered it before. So, still legal, if adobe will act as a patent troll by litigating on that basis or sell it to some other, more specialized, patent troll, it is still invalid and will be quashed in court.
    TL;DR, only people which can be coned into settling will be victimized here.

    Thanked by 2GIANT_CRAB axeros
  • axerosaxeros Member
    edited August 2015

    Hi Maounique,
    Thank you for your answer.

    What about creating a completely new auto-scaling script to integrate with solusvm for example, today? Would that still violate the patent?

    I also see Adobe uses the term "application-level data", does anyone know what they mean with that? Are they talking about a VM's resources like RAM, CPU etc or about the application that is running on the VM, like a webserver?

  • MaouniqueMaounique Host Rep, Veteran

    It might be both, like the VM is cooperating with the host in order to report about load and other data and the host decides which resources to supply to the VM so the app runs smoothly.
    It is a bit like vmware and Xen act in some situations, I doubt this is a valid thing to patent.

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