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Last week Microsoft and TomTom finally reached a settlement in their ongoing patent dispute. As part of the deal, TomTom will pay Microsoft for patent protection that covers it’s mapping, and file management systems, which as it turns out, are part of the Linux kernel. According to a company spokesperson, TomTom will “remove from its products the functionality related to two file management systems patents over the next two years.” The specific financial terms were not disclosed, but a legal cease fire between the two companies has been agreed upon for a five year period.
"We are pleased TomTom has chosen to resolve the litigation amicably by entering into a patent agreement," Microsoft deputy general counsel Horacio Gutierrez said in a statement. Industry analysts have been following the case very closely, since the Linux Kernel is at the heart of the infringements. This settlement opens the door for Microsoft to go after other firms who use Linux commercially. Microsoft has agreements in place with Linux heavy users such as LG, Samsung, and Xerox, but this victory gives them further ammunition in negotiations that don’t lead to a deal. Though the settlement is a long way from killing Linux commercially, it certainly gives Microsoft a lot more creditability in its ongoing assertions that the Linux kernel violates their intellectual property.
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Comments are closed on this article
AntiHero
April 06, 2009 at 8:17am
Microsoft doesn't realize that they could pay Linux professionals (since it is a certification, unlike Apple's OSX which as far as my knowledge goes has no certifications) to make Linux distributions that are a side section from Windows, like an alternative choice, run a KDE and Gnome version, maye base it off Debian since more people are familiar with it. They could market it for like 60 bucks almost like Linspire, however they could have it work with both Windows stuff, and Apple stuff, transforming it into the ultimate os for file compatability. It can work in theory, with some research. I can open on my linux partition a file from ANY computer, and i can read my windows partition. I do not have OSX, so i don't know if that works, but i don't see why not. All you need to do is mount it and login to the windows partiton. It would simplify life, for Microsoft and the end user. If they charged under 100 bucks for a special linux version, i would easily buy it if it were proven to operate all windows programs without the issue of Blue Screens, errors that nobody can decipher, and viruses. It would be fantastic for offices,. Those guys should hire me to do their thinking, i'm a user who only uses windows because i am forced to for specific things. I'm willing to bed the market is available, and there are many i know of like me who only use windows because they MUST.
I don't like Microsoft, I associate with it.
Keith E. Whisman
April 06, 2009 at 12:08pm
Well if a Linux distro ever really catches on and starts to really compete with Windows with a good slice of the market share then virus writers will start making viruses for Linux. There are already viruses for Linux just not that many. But if it gets to be every other pc is a linux box then people will be screaming about how weak the security is in Linux.
Deanjo
April 06, 2009 at 11:11am
Apple does have certification programs.
http://training.apple.com/certification/
Yusonice
April 06, 2009 at 4:49am
This is stupid! Just like mac and windows lawsuit long ago when windows copied some GUI idea from mac.
Which they didnt have to pay in the end. They make millions a year and still want to squeeze money from freeware Linux? This is stupid and too much. If they patent everything, how can linux develop?
Keith E. Whisman
April 06, 2009 at 6:04am
That's the idea of the patent system. Anti-compitition. Everyone is patenting everying that can possibly be patented so they can turn around and sue everyone and make money as patent trolls. MS went and patented the Page up and Page Down keys on your keyboards and as soon as times get hard enough on Microsoft that is when they will sue all of their keyboard competitors.
This is bigger than Linux. I love the freedom here in the USA and I love my liberties but things are getting out of hand. Something has to happen.
I don't believe our founding fathers ever expected anyone to see the US patent system as a means to turn a profit.
Companies are suing over imbedded OS's in stand alone devices now so what's next? The OS in my wrist watch? As I said I love this country and I don't want to see anyone get hurt but the Patent system is broken and I don't know how to fix it. You can't just tear up peoples patents but alot of patents need to be disolved.
Perhaps I, the AntiChrist will fix it when I take over the world. Remember you must have my mark on your forehead and right arm.
pcfxer
April 05, 2009 at 6:43pm
The picture is downright PERFECT! Why isn't MS suing OS X/BSDi etc? Many companies use BSD kernel and Darwin kernel as well, sue them too MICROSH(choice words not exposed)....
While your'e at it Bill, sue the third world countries for using something that isn't yours, that'll teach those diseased children not to become productive and enhance their learnings! You could also cover up your lawsuit with them by "donating" Microsoft-equipped machines, genius!
Someone at MS, has got to hire me, I mean that is just downright 100% genius business sense. MS has just hit my spot, bad, bad idea.
Vadi
April 05, 2009 at 3:18pm
Linux to blame for TomTom saving millions on MS licenses and their face when their GPS devices don't BSOD?
Really?
The 'infringements' means that when you install a Linux distro, it will read and write to your Windows partition. No, Windows can't read and write to Linux partitions officially. This is convenience. Otherwise, anyone who installs Linux will go "oh, well it sucks, it cant read my files on the windows side of the disk".
So chances are, you do want this kind of convenience. It didn't come at a price either - chances are that MS did not publish documentation on how to use its filesystem, and all of this effort was obtained through tedious reverse engineering.
Meanwhile, MS is on their merry way patenting practices that existed in Linux (and unix) for years. Which is why stuff like the Open Invention Network are great.
Keith E. Whisman
April 05, 2009 at 1:52pm
Microsoft is scared to death of Linux commercially. I really don't know why. Could MS be turning into a patent troll soon to match the same crap status as Rambus?
ilfipian
April 05, 2009 at 1:21pm
It offers no credibility in their claims on the linux kernel. A settlement doesn't set a precedent. It merely shows it was more economic to pay a settlement fee than continue the battle. We don't know how low the fee may have been either. It could just as easily mean Microsoft was scared of exposing a shaky claim in court and that settlement lets them continue spreading FUD.
Cyberdiver
April 05, 2009 at 1:39pm
By the fact that TomTom is going to make changes, or move away from the patents in questions tells me that there is truth here.
ilfipian
April 05, 2009 at 3:50pm
Tom-Tom in retaliation had also sued MS over some patents MS was misusing. In this settlement, MS is also conceding to TomTom's claims. It's far from one-sided.
Cyberdiver
April 05, 2009 at 7:10pm
The article stated that Tom Tom was paying MS but MS was not paying TomTom.
