TomTom fights back, but not over Linux

TomTom, sued earlier by Microsoft for patent infringement related to GPS technology and TomTom's implementation of Microsoft's FAT, or file allocation table, technology in Linux, is fighting back. Unfortunately, its countersuit relates to four of its GPS patents that it claims Microsoft infringes, not the Linux patents that have the open-source community up in arms.

Neither side, in other words, is backing down. Despite my earlier concern that TomTom couldn't afford to fight Microsoft's allegations, it looks as if TomTom has found both the money and the will to fight.

I just wish that it were fighting over FAT, not GPS.

Both sides have engaged exceptional counsel, as Groklaw notes, but I doubt that the case will ever get to trial. Very few lawsuits ever make it so far, and the counsel on both sides will get paid handsomely to resolve the case at the lowest possible cost, which invariably means an out-of-court settlement.

That, too, doesn't work in favor of open source. I think that it's fair to say that open source would benefit--whatever the outcome--from seeing Microsoft's patents put on trial as they relate to Linux. Not only does TomTom's countersuit ignore the Linux-related patents, but given the likelihood that the suit will settle, it's likely that open source will be hurt, not helped, by the FUD (fear, uncertainty, doubt) ignited by the lawsuits.

As The 451 Group's Jay Lyman notes, Microsoft's suit against TomTom really isn't about Linux or open source, but both are collateral damage. I don't believe that the TomTom lawsuit is the first salvo in a Microsoft-sponsored legal battle against Linux, as some claim.

It's a lawsuit, one that involves Linux, but which ultimately will only likely hurt Linux by not tackling it head-on. Instead of clarity, we're only likely to get cloudiness from the TomTom lawsuit. That's a pity.

Follow me on Twitter at mjasay.

[RighteousSoutherner]

You would like to see "Microsoft's patents put on trial"? What are you some kind of Marxist-socialist? This country was founded on patents and its written into the Constitution. It should be the other way around. That is, see Linux put on trial for infringing on patents Microsoft won fair and square. You Liberals in cease to amaze me with your twisted logic! What country do you think you live in? Spain, France or Germany?? This is America, home of free markets and the greatest economic engine ever built, as Warrent Buffet recently put it.

[eBob1]

A trial to determine what is valid and what is not. Patents only last for 14 years in the U.S. In reality, software should be protected by copyright, not patents. Patents were intended for physical inventions, not written works. Software patents disallow anyone from writing competing software to accomplish the same task. By the way, this country hasn't had truly free markets in a long time.

[iPhoneUser]

What America do you live in? Cell phones tied to carriers, software DRMd to work only on certain devices, music and movies DRMd so they only work with certain websites or providers...hardly spells a free market. And if our wonderful bail-out buddies on capital hill don't get a grasp on how to properly control technology rights, we as consumers stand to lose the most.

[pentest]

If you knew anything about software you wouldn't make such asinine comments about patents.

Using the term marxist-socialist makes you look even more ignorant, which is an amazing achievement!

[ca_nit]

Yeah greatest economic engine is now the greatest f***ed up economy of ALL time. Wake up and smell the coffee! Oh yeah! You need a bail out to even import coffee now.
BTW, Microsoft is everything against that a free-market stands for. And I agree with others here, US has not had a free market for decades.

[jsl4980]

According to Techdirt TomTom cannot settle the FAT patents out of court and pay a per unit license due to the GPL. http://techdirt.com/articles/20090314/1226424116.shtml

They do a much better job describing the legal situation so please check out that article.

[ewriter21]

TomTom, in my opinion, just played right into Microsoft's hands. Microsoft wants cross-licensing (their words, not mine), not a courtroom victory. The stage is set for exactly that now since TomTom countered with something that they can license (not Linux). Still sticky stuff to deal with since Microsoft won't want to license things to TomTom that TomTom can put into open source via GPL requirements and up and down-stream distribution. In this one, I can see TomTom paying Microsoft more than Microsoft paying TomTom though. Which has profited more from the alleged infringements? I think TomTom has seen a lot more GPS/Navigation revenue so far vs Microsoft. Microsoft has made big moves though in the automobile market and, likely, in phones and other devices going forward so getting a favorable license to TomTom's IP now will pay big returns later. Was that the strategy all along?

[gggg sssss]

they can never take MS IP and release it under GPL. That is what the issue is all about.

[alt117]

Matt, here's an idea: Have Alfresco develop, market , and sell a product that uses the FAT technology in question, so Microsoft can sue you. Then, take it though the court system to the end.

Think of the good you will do for the open source community.

[CrashPad63]

What good would that be? That a socialist way is the best way??? ********. America is built on the principles of freedom and individual effort. A soul can make themselves whatever life they want. Not some equality to all share and share alike limp noodle way of life.

[kojacked]

That's too funny! I'd love to see that.

Armchair quarterback!

[pentest]

FAT is unpatentable. It is based on prior art and is obvious.

MS stepped in it big time, but it will help everyone else.

Mapping filenames and using an array of pointers is not IP. It is basic computer science.

[hawkeyeaz1]

TomTom will not settle. The first breaking of the story said MS had been in talks with TomTom for about a year on the FAT issue, and TomTom would not, nay could not agree with MS. Nothing has changed.

MS gave a right hook to the face, TomTom did too. TomTom still can't settle as then they would loose the right to distribute GPL code. If they were going to just buy a license, they would have and saved a lot on the legal fees, but they can't really even do that.

FAT will be invalidated due to recent rulings on SW patents. Prior art exists. Standards were based on it. So, TomTom has a way to threaten MS as MS looses their case and let them know not to try it again. And F/OSS is working on/has a similar arsenal.

[jezzali]

*** is the problem with you Americans talking about Marxism and Socialism ? Don't you have any grasp on reality whatsoever ? It never ceases to amaze me how a certain group of individuals always appear in comment replies on various sites leaping to the defense of one of the most corrupt, market distorting, anti-competitive, convicted monopolists I've ever seen in the IT industry.

Microsoft must love idiots like you.

[pentest]

MS relies on the knuckle-dragging mouth-breathing crowd.

Its #1 market are technically illiterate boobs.

[bruceslog]

TomTom should move the lawsuit to the European Union.