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Steven J. Vaughan-Nichols

Cyber Cynic

TomTom gets allies in Microsoft Linux patent lawsuit fight

31 comments

TAGS:lawsuit, Microsoft, Open Invention Network, patent, TomTom
IT TOPICS:Government & Regulation, Linux, Mobile & Wireless, Open Source, Operating Systems, Software, Windows & Microsoft

When Microsoft first sued TomTom for patent violations in TomTom's Linux-powered navigation devices, I wasn't sure how much of a fight TomTom would put up. Legally TomTom was between a rock and a hard place. You can't use restricted-use patents in GPLed software. If Microsoft just wanted to use the lawsuit as a hostile takeover tactic, TomTom didn't have anything like Microsoft's financial resources to fight them with.

But, while TomTom may be out-gunned by Microsoft, the OIN (Open Invention Network) isn't. TomTom joined OIN on March 23. The OIN is an intellectual property company that was formed to promote Linux by using patents to create a collaborative ecosystem. Its members include IBM, Novell, Sony, and Red Hat.

One of OIN's initiatives is Linux Defenders, which also brings the resources of the SFLC (Software Freedom Law Center) and the Linux Foundation to bear against anyone who wants to try patent lawsuits against Linux.

Now, neither TomTom nor the OIN is saying they'll use the OIN and friends' patent resources against Microsoft. But, you'd have to be an idiot not to see that that is exactly what they're implying will happen if Microsoft wants to keep pushing forward with its patent lawsuits.

Even Microsoft has to think twice about taking on the entire open-source corporate alliance. A while back I predicted that any company that wanted to fight Linux and open source on patent grounds would find themselves, at best, facing a MAD (mutually assured destruction) patent war. Microsoft, by finally publicly pushing their patents against Linux, is just asking to be smacked around in court.

TomTom has already decided to take the fight to Microsoft. TomTom has sued Microsoft for violating four of its patents in Microsoft Streets and Trips. Making the point that TomTom was serious about it, the Dutch company filed the lawsuit in the U.S. District Court for the Eastern District of Virginia, which is infamous for being friendly to patent lawsuits. As Andrew 'Andy' Updegrove of the Boston-area law firm Gesmer Updegrove LLP and I agreed, "There are few coincidences in love, war, or forum shopping."

If Microsoft wants to fight it out they can. But, as SCO's long, sad history of one courtroom defeat after another has shown, suing Linux companies on intellectual property grounds is a losing game.

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OIN = antitrust violation?

Submitted by mcharles on March 24, 2009 - 12:21 P.M.

This assumes that the boycott and/or collusive activities of the OIN aren't per se violations of the Sherman and Clayton Acts.

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I think that mcharles has

Submitted by asmiller-ke6seh on March 24, 2009 - 1:46 P.M.

I think that mcharles has this a little backward; Microsoft is the de facto monopoly in operating systems. Microsoft is the one that has to worry about running afoul of Sherman Anti-Trust and Clayton regulations, and not a confederation of much smaller companies looking to defent themselves from the giant Big bad Corporation.

I wonder who mcharles works for. It's easy to see where his loyalties lay.

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Yes - my loyalties are with the law

Submitted by mcharles on March 25, 2009 - 8:43 A.M.

You said it there, dude: a confederation of companies seeking to "defent" (sic) themselves. Classic territory for trust-busters. Associations must closely regard anti-trust principles - the lawbooks are filled with "confederations" of interests "defent-ing" themselves, by limiting outputs, increasing inputs, sharing price information, unreasonably controlling donwstream activities, colluding to boycott, etc.

MSoft just wants someone to pay for its IP. If Tom Tom's got, and it isn't pating, then theye're wrong. That's a brief summation of the law. It's called stealing when you purloin something you know ain't yours.

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Do you have any experience

Submitted by Anonymous on March 27, 2009 - 5:24 P.M.

Do you have any experience in the field of software patents, or even a basic background in how they work?

Long story short: Yes, Microsoft is statistically certain to be violating a crapton of patents. Otherwise, they wouldn't be a functioning technology company of their size. There are too many patents on things integral to basic software.

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Wow

Submitted by John Davis on March 24, 2009 - 6:09 A.M.

Dude I totally love my Tom Tom!

RT
www.online-privacy.pro.tc

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A chess match!

Submitted by Czech Mate on March 24, 2009 - 3:47 A.M.

This rapidly-developing scenario reminds me of a large, sweaty monkey hopping up and down, aggressively pounding his chest, while attempting to play a very high stakes game of chess against millions of penguins (all of whom have PhD's and law degrees).

Unsurprisingly, the monkey is now just one step from being check-mated. Stupid monkey.

I have never been prouder owner of any two products than I am today of my TomTom GPS and my (multiple) Linux systems.

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Of animals and integrity.

Submitted by Richard Chapman on March 24, 2009 - 8:24 A.M.

I have often been tempted to equate an aberrant human behavior I've encountered to some animal we share this planet with. It only takes a moment of thought to realize that in terms of planetary health, we are the most loathsome creatures on the Earth.

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I think 2nd worst

Submitted by Marion Delgado on May 20, 2009 - 4:02 P.M.

After all, at least the descendents of the bacteria so selfish they stripped our C02 blanket completely and condemned the Earth to near-lifeless snowball status just to mindlessly breed that extra batch of bacteria like themselves are still with us.

As long as they exist, we're only 2nd-worst.

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TomTom gets allies...

Submitted by Kaye on March 24, 2009 - 12:14 A.M.

The open source community has my full support. I am VERY happy to see others get behind TomTom and support them against M$.

I hope that M$ will be "put in their place". If they would put more effort into their OS and less into their legal department, every one would benefit.

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How M$ May Lose. Count the ways.

Submitted by Robert Pogson on March 23, 2009 - 7:17 P.M.

1)Losing the FAT32 patent for obviousness/prior art. Ouch. Will all the licencees want their money back?

2)Being found to have entrapped TomTom by not enforcing the patents for years.

3)Having software patents pulled out from under them by the US Supreme Court. Imagine M$ naked and toothless.

4)Prior art will be dug up to show that M$ is not innovative, again.

5)Who will want a product from M$ if they could be sued by TomTom for infringement? FUD is double-edged.

6)Who will pay M$ another penny in licence fees if the patents are in doubt?

7)Who will use any technology from M$ if it invites lawsuits?

Yes, the parallels with SCOG v World are there. The only thing more solid about this case is that both sides agree they use technology the other claims. Both sides will lose when software patents are chucked. That will be very embarassing for M$ who have used patents as a weapon. No weapon. No fear of the monopoly. Oops. No monopoly any longer. No monopoly in anything. M$ becomes just another player. They will have to compete on price/performance, not FUD.

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