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Netstat -vat by Sean Michael Kerner (bio)

A command line view of IT



Microsoft Tom-Tom patent case is good for Linux

By Sean Michael Kerner on February 27, 2009 1:00 PM
tux.jpg
From the 'counter-intuitive' files:

Microsoft is suing GPS vendor Tom-Tom over alleged patent violations that might include Linux. Is this the beginning of the big Linux versus Microsoft patent showdown? Microsoft has long asserted that open source somehow infringes on Microsoft's intellectual property.

My view is this is a great thing for Linux. Really.

You see to date, Microsoft has never formally engaged in patent litigation on Linux related items. Yes they have patent covenants with some vendors including Novell, but the true scope of Microsoft's patent claims has never seen the light of day in a courtroom.

The problem that I see (that many others have commented on over the years too) is that Microsoft has never 'shown its hand' and layed out what it's grievances are. Once they do, the open source community could then potenitally re-act with prior art issues to invalidate the patent and/or just re-code the offending application to not infringe on the patent.

By knowing what the issue is, Linux can defend itself against patent claims. Ignorance of the claim is not bliss and is not a defence.

Additionally, thanks in part to the legacy of SCO, the Linux community has resources and organizations that could mount a formal legal defence if the need should arise. So far as I see the current Microsoft claim is very specific to just Tom-Tom but prospect for a wider patent battle surely does exist.

Regular Linux users need not be too woried though, the big 'guns' are ready to defend Tux.
"The Linux Foundation is working closely with our partner the Open Invention Network, and our members, and is well prepared for any claims against Linux," Jim Zemlin Executive Director of the Linux Foundation blogged. "We have great confidence in the foundation they have laid. Unfortunately, claims like these are a by-product of our business and legal system today. For now, we are closely watching the situation and will remain ready to mount a Linux's defense, should the need arise."

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2 Comments

Lennie said:

The fun thing is, this really helps to get Linux in the news and possible in a positive way. For example I don't think many people knew TomTom was running on Linux and their products are pretty good. Maybe they should sue TV-vendors as well, I think Sony, Mitsubishi, LG and Panasonic actually have a lot lawyers. I'm certain they went after TomTom because it's a smaller company with less resources in comparison. What's next ? a DSL-router or wireless Accesspoint vendor ? A company that builds Top500-clusters ? Or a switch-vendor ? I doubt they would like to go after Cisco or Nortel (switches based on Linux, if Nortel is still alive). Or IBM (Linux-based clusters). Acer or Dell for creating Netbooks based on Linux ? Microsoft wants to be in the Grid-computing business, maybe they also would like to sue Google or Amazon for using Linux. I have my doubts. ;-) Anyway I think Microsoft are doing free advertising for Linux. Just like when Ballmer mentions to their shareholders that they view Linux as a bigger competitor then Apple. Which would possible be one of the first times I agree with Ballmer on anything. It does really help to make people think.

February 28, 2009 5:27 AM
pppaulll said:

The TomTom action IS good news for Linux. It will focus attention on serious problems in the Patent Office and with patent law enforcement. The patent division is overwhelmed by the volume of applications, and they are unable to to deal with complex nature of the technology they review. The patent people should ponder plausibility when processing applications perhaps.

Last night, I entered a deep mediative moment and managed to master microsoft philosophy. It was like the first time I experienced Zen, but much scarier!

microsoft developed the fat32 'standard' --> SD cards can store fat32 data --> linux is able to read and write fat32 data --> tomtom uses linux --> disks platters are round --> tires are round --> tires mount on cars --> tomtom mounts in cars --> tomtom has an SD slot --> tomtom is a fat32 table --> tomtom owes microsoft mucho $-(

The series of antitrust actions against microsoft should tell us that microsoft simply opposes any move towards common standards and interoperability. If microsoft continues down its twisted path unopposed, they will next mount a manned mission to Mars to repossess the Mars Rover on unpaid fat32 royalties.

Linux does power the space program, eh? Claw that back octoshaft!

March 4, 2009 3:19 PM

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