Bonum Certa Men Certa

TomTomaginot Line: Fighting Microsoft Using Patent Pools

Water danger
Patent pools to the rescue?



Summary: What a patent blanket/inventory may mean to TomTom's two-way battle with Microsoft

A FEW DAYS ago we reposted the press release about TomTom joining OIN (well, OIN mailed it to us) and now we have the chance to remark on news coverage.

One of the fastest to report on this was SJVN, who published "TomTom gets allies in Microsoft Linux patent lawsuit fight." It's a good short article.

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.


Glyn Moody chose a provocative headline by suggesting that the TomTom case is the new SCO case.

I don't think this materially affects the Microsoft lawsuit, since these OIN patents are not intended to be used for attack, more to remove possible obstacles. It simply emphasises the increasingly alignment of TomTom's interests with those of the wider GNU/Linux community, and represents a nice poke in the eye for Microsoft.


Moody is in favour of this idea which he characterises as "Patent Commons", but we reserve some judgment against this approach which IBM's Arnaud Le Hors wrote about two days ago (on patent pools):

The Eco-Patent Commons has momentum



[...]

The Eco-Patent Commons was launched in January 2008 with the participation of Nokia, Pitney Bowes, and Sony, in addition to IBM.

Later Bosh, Dupont, and Xerox joined, and today WBCSD announced that Ricoh and Taisei joined the commons and Dupont contributed more patents.


How convenient it must be for IBM to say all this. How many patents does this company have again? The only solace is that IBM -- unlike Microsoft -- does not attack Free(dom) software. It would be counter productive.

It appears as though the editor ("Leader") of ZDNet UK has once again slammed Microsoft for its patents-centric approach against Linux. He did so several times recently, e.g. when Microsoft signed the patent deal with Brother.

The warning sound of TomTom



[...]

[T]hose were the days when Bill Gates could say that software patents had the potential to put the industry at "a complete standstill" and with good reason. If the sort of protection Microsoft now claims for itself had been available to CP/M then, Microsoft would never have created its monopoly, nor amassed a fraction of its power.

Now it has, the rules have changed. Microsoft is perfectly happy, while proclaiming openness and interoperability, to find a company in dire financial straits and then threaten it with expensive legal action over what any self-respecting programmer would identify as a hackish kludge--something that advances the art of computer software not one bit.


David Meyer from ZDNet UK reported on these TomTom-OIN affairs, but he added no new information.

The satnav maker announced it had signed up to the OIN on Monday. By joining, it gained access to more than 275 patents and patent applications. In return, it has to open up its own intellectual property to other OIN members, royalty-free.


The implications of this are more properly discussed over at Groklaw and it remains to be seen how TomTom can use patents to fight some more patents (the GPL forbids cross-licensing in this case), as opposed to pushing for the 'Bilski test' -- that is, seeing if it can be applied to software.

Dana Blankenhorn voices an opinion and The Register adds very little information other than some background that leads up to the OIN story.

TomTom has now thrown its name into the ring, and has probably bagged a few more supporters along the way in its noisy legal spat with Microsoft.

The software giant issued a lawsuit against TomTom in late February when it accused the firm of infringing eight of its patents.

Just last week TomTom hit back with a patent claim of its own in which it accused Microsoft’s Streets and Trips products of infringing four patents in the vendor’s vehicle navigation software.


This was also covered by Heise and Microsoft's PR tool, Ina Fried. It was mentioned along the way in Tectonic, but there is too little in-depth analysis that we could find.

Recent Techrights' Posts

[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
 
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work