Note on Microsoft TomTom Suit: Calm Down, Hope for the Best, Plan for the Worst
February 26, 2009
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Calm Down
Right now the Microsoft claim against Tom Tom is a private dispute between those two entities concerning GPS mapping software. We do not feel assumptions should be made about the scope or facts of this case and its inclusion, if any, of Linux-related technology. Any patent litigator will tell you that the path between asserting a claim under a patent and an actual, final determination that the patent is (1)valid and (2) that the claims of the patent are actually infringed is an extremely long road. If this case is in any way directed at Linux (in fact, Horacio Gutierrez, Microsoft’s corporate vice president and deputy general counsel of Intellectual Property and Licensing, has specifically stated that it isn’t), the Linux ecosystem has enormously sophisticated resources available to assist in the defense of any claim that is made against Linux.
Hope for the Best
It is our sincere hope that Microsoft will realize that cases like these only burden the software industry and do not serve their customers’ best interests. Instead of litigating, we believe customers prefer software companies to focus on building innovative products.
Plan for the Worst
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. 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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[…] um post em seu blog, Jim Zemlin, o atual diretor executivo da Linux Fundation conclama a todos que tenham calma, esperem pelo […]
Heh, it’s almost sad to see a once-brave competitor like Microsoft looking to patents as a possible revenue stream. My take as a long-time watcher of the Linux device market:
Microsoft running on FAT reserves? Or fumes?
http://linux-watch.com/news/NS9320107601.html
This really looks like a sad little nuisance case to me, at this point. We’ll see where (if anywhere) it goes.
Jim -
Thanks for the post. I think it is crucial that no matter what, we (the FOSS
community) should keep a watch on all of these types of legal moves that *could*
undermine FOSS itself. The alleged infringements of software patents will hopefully
become either proven to be lies or the entire software patent regime is disbanded.
Harish
[…] a blog post today, Linux Foundation executive director Jim Zemlin put it all into perspective. As the article’s title reads, “Calm Down, Hope for the Best, Plan for the […]
[…] to Linux Foundation executive director Jim Zemlin, the free software believers of the world have nothing to worry about right now. But, just in case Microsoft decides to escalate its fight, Zemlin says, “the Linux ecosystem […]
Zem, I only hope that Tom Tom seeks the help of the OID and that the OID in turn sue Microsoft. They really need smacked. Tom Tom is a great innovative company who makes shoddy hardware. Microsoft needs to concentrate on Microsoft–realizing that they have perhaps ripped off and copied more people, businesses and ideas than any company in the history of this world and then compete with product, not lawyers.
I am sick and tired of my brass at work being afraid to deploy Linux because they all think that Microsoft is going to sue them if they do. This is the kind of situation that needs intervention from the community.
[…] afternoon, Linux Foundation Executive Director Jim Zemlin weighed in with the Foundation’s view on the recent patent infringement claims Microsoft has filed against […]
“it’s almost sad to see a once-brave competitor like Microsoft looking to patents as a possible revenue stream”
Since when HAVEN’T Microsoft used patents as a revenue stream? They’ve been doing it for years and use it as a means of licensing their products (e.g. ActiveSync is licensed to Apple). That’s what all companies who innovate do - patents protect their intellectual property and thus provide a revenue stream via licensing.
What I find it hard to understand is why anyone has a problem with a company protecting its IP? Is it simply because said company is Microsoft?
[…] them over there so you won’t have to fight them over here. Fortunately there are cooler heads, like Jim Zemlin of the Linux Foundation. (BTW, the picture on your blog makes you look 15, Jim — I’m jealous.) I disagree with my esteemed […]
Thanks for the blog Jim.
I have a question though. You say that this is a private dispute. That makes its sound as though the Linux Foundation is OK with Microsoft making these patent claims against Linux and picking off any company distributing Linux in a commercial product - taxing all Linux devices? I think some clarification on that would give us all a little reassurance.
Thanks
Chris
Open Source Responds to Microsoft-TomTom Litigation…
Microsoft has filed suit against GPS maker TomTom in the U.S. District Court for the Western District of Washington and before the International Trade Commission, according to LinuxInsider.com . Microsoft says TomTom has violated eight of its patents….
All I know is that as a Red Hat user, Microsoft claims I owe them money for the IP rights that Linux stole from them:
http://www.youtube.com/watch?v=5B0GTYfPoMo
(were also told in this clip which company is legit since they paid the patents/extortion.)
Everything else is meaningless especially when it comes from low level flunkies like Rajmi or lawyers like Horacio (”But, but… he said he loves us. He wouldnt lie, he’s a lawyer”. ). I dont base myself on the some mid-manager at Apple when I want to know where that company is going, I listen to Steve Jobs, especially when the mid-level manager claims things taht the boss never said.
I have not heard anything in the past 2 years from Ballmer that even hints that things are different. According to them, I still owe them money for using free/libre software.
Show me ANYWHERE that the CEO of Microsoft has changed his stance against Linux. You wont be able to. As for their little payoffs for sponsorship, its chump change for them.
Zemlin did the right thing in the right amount, going off half cocked serves no purpose but I think signifies well the intention of the Foundation to keep a close eye on the developments.
I am a criminal.
I use Red Hat.
I owe Microsoft money.
2 of these 3 statements are BS. Until I hear I am NOT a criminal, nothing has changed.
[…] think that Jim Zemlin of the Linux Foundation got it right: calm down, but be alert http://www.linux-foundation.org/weblogs/jzemlin/2009/02/26/note-on-microsoft-tomtom-suit-calm-down-h…. I may have more to tell tomorrow when we will hear from Sam Ramji at the Open Source Think […]
And what if the case becomes a precedent of Linux infringing on Microsoft’s IP?
[…] Zemlin from the Linux Foundation had a decent post calling for people — developers and companies being the likely audience — to calm down. […]
@Chris Mister - as Napoleon said: “Never interrupt your enemy when he is making a mistake.”
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[…] A: Urging caution, but also calm. Jim Zemlin, for example, the CEO of the Linux Foundation, wrote this post whose title included “Calm Down, Hope for the Best, Plan for the Worst.” At the very […]
And what if the case becomes a precedent of Linux infringing on Microsoft’s IP?
(in fact, Horacio Gutierrez, Microsoft’s corporate vice president and deputy general counsel of Intellectual Property and Licensing, has specifically stated that it isn’t)
And you’d believe him?
Some of those exhibits are of vFAT-related patents. As far as I know, TomTom has used the Linux vFAT filesystems rather than rolling their own.
That makes it a Linux problem. A Linux community problem.
Just try to think about it for a second or two:
If M$ had done some sort of infringement, all of you guys would have wanted/loved M$ to be sued……………
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[…] more. Nonetheless, the lawsuit – and its quick settlement – may tell us something about the ongoing evolution of the tech industry and how open source software (OSS) figures within […]