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April 1, 2009 1:07 PM PDT

TomTom suit suggests Microsoft's still Microsoft

by Matt Asay
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The more that Microsoft's patent lawsuit against (and subsequent settlement with) TomTom simmers in my consciousness, the more I want to boil.

I gave Microsoft the benefit of the doubt early on: I know a few of the Microsoft personnel involved in the case, and I think that they're wonderful people of integrity and intelligence.

They're also fiercely competitive, and it's becoming apparent to me that the TomTom lawsuit was designed to bludgeon one of Microsoft's biggest competitors, Linux; it was not any serious attempt to protect its intellectual property.

The Linux Foundation's Jim Zemlin captures my sentiments well:

In the last several days, Microsoft has shown that despite claims of acquiring a newly found respect for open principles and technology, developers should be cautious in believing promises made by this "new" Microsoft.

When it counts, it appears that Microsoft still actively seeks to undermine those technologies or standards that are truly open, especially when those technologies pose a significant threat to (its) business.

Microsoft can rightly complain that it's a prisoner of the same patent system that it wields as a cudgel. But I don't believe in using the legal system to give someone--anyone--the edge in a product-driven marketplace. If Microsoft has to compete with lawyers against Linux instead of with product line managers, it should simply pay out a massive dividend and close up shop.

Microsoft is a better company than this. Unfortunately, its recurring rash of legal cunning against open source is getting stale. I want to believe that Microsoft can change. As Zemlin suggests, however, perhaps this leopard really can't change its spots.

Microsoft is asking the world to judge it by its actions. That's what we're doing, and Microsoft loses that case.


Follow me on Twitter @mjasay.

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay.
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Add a Comment (Log in or register) (13 Comments)
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by shootthecops April 1, 2009 1:52 PM PDT
how many times are you people going to "give microsoft a fair chance" aka ignore history
Reply to this comment
by Dalkorian April 1, 2009 4:07 PM PDT
As long as we're doomed to repeat it? ;-)
by Splashes April 1, 2009 3:03 PM PDT
In other breaking news, water is still wet.
Reply to this comment
by Dalkorian April 1, 2009 4:10 PM PDT
Gasp! Really?

I heard today that they finally figured out a way to make water not so soaking wet. It's called dehydrated water and it comes in powder form. All you need to do is add water and BAM - you have water! Um, but you have more of it. Unless it fails to work properly, then you have a nasty paste that tastes horrible.
by Voice_Of_Logic April 1, 2009 3:25 PM PDT
I guess you might feel differently if you busted your ass and wrote code for a living - only to have the idea stolen from someone else... Other people's shoes rarely fit, if ever - eh? But then, of course, us developers are expected to give away our ideas, our work and still pay our bills. Ah, the longing for Utopia just doesnt quit.
Reply to this comment
by odubtaig April 1, 2009 4:08 PM PDT
Thankyou for confirming that anyone who has to call themselves Voice_Of_Logic is most likely doing so because no-one else can see it without being told. It's like if I called myself Mr. Sunshine.

Typical that such a person would try to muddy the waters by claiming that this is about something it's not about.

I also seriously doubt you bust your ass doing anything. Every coder I've ever seen complaining in this fashion is whining because they actually might have to get of their fat backside and work for a living instead of dumping out half-baked products and making money through vendor lock-in. F/OSS doesn't steal anything. The reason people like you hate it so much is because you know you can't hack it in a competitive environment.
by Dalkorian April 1, 2009 4:13 PM PDT
What are you talking about? Do you even know?

Try to explain without violating any of my patents. I won't tell you which ones you violate either, but rest assured my league of attorneys (Dewey, Cheetum and Howe) will prosecute you to the full extent of the law when you cross that invisible (imaginary?) line.
by GRobLewis April 1, 2009 6:30 PM PDT
As Robert Reich points out in his book "SuperCapitalism", expecting corporations to behave "ethically" is simply naive. They exist to make money for their shareholders, and if they don't do whatever they can to do this, the shareholders will get upset and even change the management.

The corollary to this is that when a corporation appears to be acting nice, it is ONLY because they perceive it will bring them some advantage.

If society doesn't like how a corporation is behaving, you don't plead with them to be "responsible." You make the undesired behavior illegal, and you enforce the law.

Of course, Reich also points out that corporations have attained far too much power over the lawmaking and enforcing process. He argues that they shouldn't be allowed to participate in politics at all.
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by pentest April 2, 2009 6:44 PM PDT
Other countries have given corporations the legal responsibility to also contribute to the community. We don't. That is why American companies get into so much trouble and do so little to help anyone.

As a fer instance, the endless march of greed is why are Internet infrastructure isn't even in the top 20 and why we are overcharged for the paltry service we get.
by JonesDuv April 1, 2009 11:01 PM PDT
I think that the thing to remember here is that for all intents and purposes, Mircosoft methods against open source has changed a bit. The thing that I keep getting from any time a MS developer starts talking about open source is "You know what, we are fine with that.... So long as it goes through us."

I think there has been an honest attempt by the high-management at Redmond to welcome open-source development, so long as they are in control of the channel that makes it possible. It is little trouble some from my POV since it would mean that, the ability to move (something that, as simple as it is, is a great and defining factor to Open Source and the Free Software Movement as a whole) would be hamstrung on the tools and methods that Microsoft provides. And the problem with this is that at some point, Mircosoft can disrupt that channel at any time, making all development on things like Mono under the MS-PL moot.

Sooner or latter, this will come to a head. And at that point, I wonder what will happen.
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by pentest April 2, 2009 6:41 PM PDT
"I know a few of the Microsoft personnel involved in the case, and I think that they're wonderful people of integrity and intelligence."

LOL

While there are a small handful of people working for MS that are intelligent, none have any integrity. If they did, they wouldn't work there.

If other companies counter sue MS over this, they are going to lose some patents, and will hasten their demise.
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by JoeThePlummer April 4, 2009 1:47 PM PDT
Oh come on guys! There's nothing underhanded here. Companies trying to survive in the marketplace, that's all. Have you read this?

http://ipkitten.blogspot.com/2009/04/microsoft-and-tomtom-kat-hosts-dogfood.html

It's a pretty compelling reality check on all this. Any chance we could get back to the real news?
JP
Reply to this comment
by pentest April 4, 2009 1:54 PM PDT
Using bogus patents to squeeze money out of companies and use as a sledgehammer to enforce your monopoly isn't underhanded?

In what dimension?
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About The Open Road

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to the Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is general manager of the Americas division and vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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