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Microsoft suing TomTom, not Linux, not open source
Jay Lyman, February 26, 2009 @ 2:21 pm ETOne might have thought Microsoft was back rattling the patented software sabres against Linux and open source this week, reading some of the recent reports regarding Redmond’s patent infringement suit against automotive navigation and GPS player TomTom. However, upon further review, it seems that Microsoft is making a point to say that these suits are not aimed at the Linux OS or open source. In response to my own query, the company offered this:
First, to answer your earlier question on how the suit with TomTom involves the Linux Operating System, three of the infringed patents read on the Linux kernel as implemented by TomTom. However, open source software is not the focal point of this action. The case against TomTom, a global commercial manufacturer and seller of proprietary embedded hardware devices, involves infringement of Microsoft patents by TomTom devices that employ both proprietary and open source code. It is not unusual for companies to develop products based on a mix of proprietary and open source code; like every other company, they must take responsibility for ensuring that their systems do not infringe others’ patents. Licensing agreements are a useful means for ensuring mutual respect for IP and in fact, Microsoft has licensing agreements in place with many companies that run mixed source environments.
To be clear, this legal action is specific to TomTom’s implementation of the Linux kernel. Other companies that utilize Microsoft patents have licensed, and Microsoft is asking TomTom to do the same. This suit is simply a normal course of business; in taking this action, Microsoft is doing what any other technology company would do when faced by another party that infringes its IP rights.
To provide a bit more context regarding your question related to open source software, Microsoft respects and appreciates the important role that open source software plays in the industry, and Microsoft respects and appreciate the passion and the great contribution that open source developers make in the industry. This appreciation and respect is not inconsistent with Microsoft’s respect for intellectual property rights. Partnership with all technology companies, including those that adopt a mixed source model, must be built on mutual respect for IP rights, rights that we all rely upon for driving innovation and opportunity. The bottom line is that all industry players must play by the same rules.
The key phrase, which is repeated, is the suit involves ‘the Linux kernel as implemented by TomTom,’ which is very different from ‘the Linux kernel’ when we’re talking software code and patent infringement suits. While some usual suspicions are being raised, there are also some who generally agree this is not the first shot in a supposed war against Linux and open source.
Microsoft says the infringement case involves TomTom devices that use both proprietary and open source code (again, it is not that code, but TomTom’s implementation of it). Microsoft then goes on to explain the normalcy of mixing open source and proprietary software — true, particularly in embedded uses — and says ‘Microsoft respects and appreciates the important role that open source software plays in the industry … This appreciation and respect is not inconsistent with Microsoft’s respect for intellectual property rights.’ I would add that there is no mention of Linux or open source in some other reports on the matter, nor in Microsoft’s press release.
For those looking for signs that Microsoft has changed, I would hope this might serve as the proverbial coffee to wake up and smell. Microsoft is acknowledging the contributions and IP value of open source software and is going out of its way to make sure people don’t think it is making patent infringement claims over the actual Linux kernel. This certainly doesn’t mean that any kind of patent action or potential action, from anyone, against Linux or any other open source software is not a concern, but if anything, this suit seems to support the idea that Linux and other open source software should be viewed on the same level as proprietary software when it comes to IP validity and respect.
Comments (25) Categories: Software
MS: “Other companies that utilize Microsoft patents have licensed, and Microsoft is asking TomTom to do the same.”
This does not support the headline. It’s like saying that SCO just sued IBM at al.
The point here is that Microsoft is going out of its way to clarify it is not making any patent claim against the Linux kernel or any other open source software. It is only TomTom’s implementation, and for Microsoft to go the route of minimizing the impact to Linux and open source, rather than playing it up, speaks to a different stance, I think. Thanks,
JL
For what it’s worth, patents 5,579,517 and 5,758,352 (both common name space for long and short filenames), along with 6,256,642 (Method and System for File System Management Using a Flash-Erasable, Programmable, Read-only Memory) seem to be just as applicable to a generic Linux kernel as they are to TomTom’s.
There are bunches of patents that are ‘just as applicable to a generic Linux kernel as they are to TomTom’s (implementation of Linux),’ but unless someone is bringing suit over it, it’s just like the 235. We’ll see if this turns out to be more about Linux than Microsoft says, but I think it’s mostly about Microsoft’s licensing strategy applied to the opportunity and competition in mobile Web, GPS and automotive IT markets.
JL
> Microsoft says the infringement case involves TomTom devices….
> Microsoft then goes on to explain….
Yes, lets believe Microsoft. They have nothing to hid and have never once tried to stop Linux in any other way. Oh?….
It sounds to me like they want more patent deals like they’ve struck with Novell, others. Bogus.
I think you’re right, lefty, MS does want more patent deals along the lines of the Novell agreement. However, let’s not forget that they did an IP-free deal with Red Hat on virtualization last week. This doesn’t mean that Microsoft is suddenly Linux benevolent and we don’t need to watch their legal maneuvering, but considering the RH deal and their public stance on the TomTom suit, I’ve never seen so much respect for Linux and open source coming out of Redmond.
JL
It seems obvious, knowing the already disclosed internal discussions in Microsoft (Halloween etc.), that the main purpose of this legal move it to throw a cloud of fear and uncertainty over further use of Linux in devices using the ubiquitous FAT format.
Thanks for posting, Daniel, but I’m going to have to disagree. Based on Microsoft’s public statements, press release, the complaint itself and recent deals, the company seems to be going out of its way to say it respects the value and IP of open source software and that this suit is not aimed at the Linux OS, but rather at TomTom’s implementation of it.
Again, this is perhaps the most respect, praise and legitimization of Linux and open source software from Microsoft that I have seen to date. I don’t see the fear, uncertainty or doubt here.
JL
JL
You keep repeating “not aimed at the Linux OS, but rather at TomTom’s implementation of it”. But surely the two are identical. If TomTom’s implementation were in any way different, TomTom would be obligated under the GPL to release those differences in their implementation. They don’t. Therefore, TomTom’s implementation *is* the vanilla Linux kernel. Therefore, unfortunately, Microsoft is being thoroughly disingenuous, and sadly, Jay, you are falling for it. Sorry. Please don’t shoot the messenger.
So are you saying that Linux users should be fearful of what’s going on? Aware and cognizant for sure, but I find the alarmist reactions somewhat ironic since I’m hearing more confidence and support regarding Linux use from Microsoft than I am from those calling this FUD.
JL
You’re implying *I’m* spreading FUD? You’re implying *I’m* doing less to support Linux use than Microsoft?
Sir, just *what* exactly do you think Microsoft has *ever* done for Linux? *One* practical thing? *Anything*?
Sir, I was defending Linux against The SCO Group’s lies before, during, and after Microsoft bankrolled its lawsuits.
I’m saying that awareness of problems with the US Patent system in the Linux community is still not high enough, and ‘Don’t Panic’ messages are misleading and counterproductive, especially when propounded by our potential tormentor. We’d better keep pushing policy makers on issues like obviousness and independent invention before Redmond gets seriously hungry.
Let me be clear – these patents are bogus: the 517 and 352 patents are bogus, hopefully, because of Bilski; the 642 patent is bogus, hopefully, because of KSR v Teleflex. But unless and until someone goes through the pain of getting them overturned, greedy Redmond will keep creaming protection money off of the whole tech sector, open source and proprietary alike, and that hurts everyone on the planet. So we have to let TomTom know that we’re watching, we’re taking this attack seriously and we don’t want them to cave in.
And then you come along and say, It’s all right everyone! It’s only TomTom that Redmond hates! Leave them to it! Redmond loves the rest of us!
*Now* do you see how you’re being played?
I’m not saying MS does more to support Linux than you. I’m saying MS is currently doing more to support Linux and other open source software than ever before. In terms of what it has done for Linux, it has bolstered Novell’s SUSE Linux business, and the recent RH virtualization agreements were significant.
As far as ‘being played,’ I’m just calling it like I see it. I don’t think this is an effort to attack Linux or open source. Not because MS says so, but because it does not make much sense. You mentioned SCO, and there is no better example of patent and IP claims over the Linux OS itself. I don’t think it sets a very positive precedent for anyone trying to do the same. If MS did, I think we have seen — both with SCO and now — that Linux supporters, big vendors among them, are ready to answer quite forcefully. I just don’t think that MS is up to that fight.
JL
How naive are you??? A mugger tells you he is not going to rob you and you believe him…he assured you..he said so ….get street wise, please….
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