Microsoft files patent lawsuit against TomTom over Linux-based GPS systems
By Nilay Patel 
posted February 25th 2009 6:48PM
posted February 25th 2009 6:48PM
Microsoft has long maintained that Linux infringes at least 235 of its patents, and it looks like it's reaching deep into the bin for some extra ammo in a new case filed against TomTom over nav systems -- of the eight alleged patent infringements in the complaint, five are specifically about portable navigation devices , while the remaining three cover what look to be filesystem-management techniques inherent to the Linux kernel itself. It seems like the Linux issue is less important to Redmond than the GPS patents -- deputy general counsel Horacio Gutierrez says there aren't any broader plans to go after Linux vendors and that it "respects and appreciates" open source -- but if Microsoft scores a victory here, it'll have an incredible advantage should it decide to take on any other Linux-based products. We'll be following this one very closely, we'll keep you in the loop.[Via Business Insider]
Read - Techflash
Read - Microsoft complaint [PDF]
Patent law has a very good purpose, but it does get out of hand. I'd hate the thought of designing a new piece of innovative software and putting it to market only to be crushed under the weight of a larger corporation stealing my design and selling it to their much larger customer base, potentially destroying my business before I've had time to establish a foothold in the marketplace, and having no recourse. Patents are meant to encourage innovation and, more importantly, protect the small business people from being run out of business by larger competitors. Unfortunately, it just doesn't always work that way.
Well it's not like they can sue Linus or the Distros for patent infridgement...mainly because they are not SELLING IT! *sigh*
But Dell and many others are, as well as server oriented enterprises and other kinds of businesses. And, believe it or not, a great part of Linux development comes from companies who develop patches for their own purposes and merge those into the kernel or specific applications.
It was not luck or a couple of guys programming on their basements that made the AMD64 (x86-64) specification available in Linux before there was a single comaptible processor available, for example.
Im suing Linus, Charlie Brown, and Peppermint patty.
@Alora
Actually no they are not. They sell support and systems pre installed with Linux. But, they cannot sell things covered under the GPL. Even apple has to distribute its BSD core (Darwin) for free.
It was only a matter of time before Microsoft would start to "lash out", given the series of adverse results it has suffered in recent times, culminating in today's headlines "Microsoft shares hit 11-year low".
On the bright side, it could have been much worse had they embarked on the foolhardy acquisition of Yahoo just before the worldwide recession broke, as that would have prompted even more desperate action (considerably more layoffs at MS and a total dismembering and asset-stripping of Yahoo) and a wider sweep of patent litigation.
MS should stick to its software strategy and stop trying to pathetically imitate companies that have a much better hardware track record in reaching for the consumer electronics market, whether by litigation or shameless, mediocre imitation.
Stick to your strengths, Microsoft, they are still quite considerable but will atrophy and diminish (naturally) if neglected.
Could this be a "if it has a clip it is included" tactic? They would probably win this with just the GPS related stuff, so they include the claimed Linux patents to create a precedent on those too and tell other businesses to think twice before embedding Linux in their devices.
Think of it this way: they could make public their allegations on patent infringement in Linux, so they can be fixed and the patents are respected. But this way they would lose the power to put pressure on the open source community and complain about it stealing their ideas.
No sane developer can check all patented technologies when writing an algorithm or designing a data structure which he thought about right before falling asleep or in a brain storming session with the office partners. Mainly because most of them are vague as that other thing, you know...
I wonder how many patients MS is infringing on?
You may want to consult with your local physician, I hear he's got the inside scoop.
I ll patent my @ss and sue everyone who has one.
Are you sure it's not for being one?
Maybe this is how Balmer intends to "kill google." If they win the judgment against Tom-Tom, then perhaps they will then go after Android, which runs off of Linux, as well.
Great timing for Microsoft. Shares at an 11 year low, Windows 7 reaching RC stage, yes, a Linux-lawsuit is the logical next step.
Um, but what if Novell and Red Hat and Cannonical and IBM decide that now is the time to unleash their war chest of patents that show that Microsoft is infringing on Unix/Linux IP, and join with Google to force Microsoft to disclose source code for XP, Vista, and Windows 7 in a huge lawsuit? What if the EU gets involved? What if all of the billions of dollars of development Microsoft has locked into Vista/Windows 7 is wasted because they are forced to stop distributing products that are demonstrated to infringe on Unix/Linux IP? Then businesses and consumers would all need to switch to Linux, OpenSolaris, or OSX. Perhaps not such a wise move on Microsoft's part after all.
Perhaps Ballmer will go down in history as "the ego that sunk the Microsoft ship". Stay tuned for more excitement!
You sir are a fantacist. All those what ifs in your comment. Going by your name I am sure you had a smile on your face as you imagined and typed the scenario you stated. Loser!
Oh look lets imagine all the linux\unix companies in the world get together so that my handle comes true (M.S.R.I.P)
This is a suit against tom tom and not Linux.
peace out!
Before you guys bash microsoft for the hey of it did you guiys actually read the patents? al lof them and the whole document? I doubt it. if you did you would describe why microsoft wont win instead of just bashing without any merrit.
"respects and appreciates open source" - until it competes with us, that is
The patents listed here that probably relate to linux are the file name ones.
One patent states its a way that the OS stores a version of the file with a short name and a long name to make things compatible.
Now I dont know the very deep workings of linux so i dont know how linux deals with long file names.
It might not infringe or it might infringe.
One of these patents was applied for all the way back in 1993 so its very possible linux does infringe on some of the patents.
Anybody know how linux deals with long and short file names?
From what I've seen, Linux generally does things they way System V Unix did, and System V existed long before MS DOS or Windows. I remember way back in 1988 accessing an SCO unix box from a DOS box using an NFS client. I have to believe that there is a lot of prior art that exists prior to some of these patents, and I really wand to see them put to the test.
Yes but does this way use long file names. those are the patents microsoft is saying it infringes.
IF!!, MS wins adn decides to go after other major American corporation, this could cause bigger economic problems. Why?!
Well, if I were this huge corporation running open-source apps infringing their patents, I would ask my self: Should I pay them and change my huge infrastructure or should I move to another country were this patents do not affect me? Which one is cheaper in the long term?
Well, there's the questions. What would you do? Change to MS or move?
You can move, but you won't be able to sell your product in the U.S. if it's patent infringing; at least, not through any reputable source. That's why you don't see major retailers carrying the knock off Chinese iPhone clones. They're cheaper and most people wouldn't notice a whole lot of difference, or might not even care, unless you showed them side-by-side (obviously the nature of this blog excludes anybody reading this from that statement, so please don't flame). Just because your business isn't in the U.S. doesn't mean your product is exempt from patent law; it just means that if you can't be sued by the patent holders then your product will not be allowed to be sold in the U.S. and any retailer caught importing them will be running a major risk.
It is my understanding that Linux was using long filenames years before DOS/Windows. I'm not a complete MS hater, they have their place, particularly in the business market, but this stinks of hypocrisy.
As their article states, the GPS-related patents seem a much more important part of this case than the file-system ones. TomTom is a big company, and they've been licensing patents for a long time. They have even taken legal action against their competitors for patent infringement (Toyota and Garmin). It doesn't make sense that hey would refuse to license this time, but maybe they're just picking a fight that will make them look good when they ask the European government for a bailout to cover their $1.3 Billion Q3 2008 loss.