Version: 2008

Comments on: Microsoft v. TomTom heading for round 2?

TomTom may have decided not to fight Microsoft over Linux-related patents, but the Software Freedom Law Center is not giving up so easily in sticking up for Linux.

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by kcotham March 31, 2009 11:34 AM PDT
What?! Micro$oft spreading fear, uncertainty, and doubt!? Never! *healthy dose of sacrasm
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by kojacked March 31, 2009 12:08 PM PDT
Actually this is Matt Asay spreading the FUD. Microsoft and TomTom settle and Matt claims Microsoft is leveraging it as FUD. Matt's FUD on Microsoft's assumed FUD. Hmmm...
by omniprovident March 31, 2009 12:16 PM PDT
Agreed with "Kojacked" - seems Matt's got some FUD of his own (or, peddling it for "PJ" and SFLC). He apparently suffers from a monoculture of guilt(?). You use, you "pay," right? Isn't that what the GPL is about, too - giving back, enforced through IPR? Shouldn't it hold true for property held by MSoft, too? In my professional opinion, I say it does.
by tm_anon March 31, 2009 7:44 PM PDT
If a patent doesn't hold up in court, it's not valid.

Now, according to what you two are saying, just because MS claims to own something means that they do. Well, I claim that you both used language that I've patented as my own intellectual property. Pay up or I'll sue.

Come on, pay up. I own your language, you used it.
by odubtaig April 1, 2009 5:42 AM PDT
Well, apparently being right for some people is a popularity contest and requires no factual basis... or grammatical structure apparently.

Also carefully ignoring that the question is whether MS really owns anything on FAT32. No-one's questioning whether Ms should be paid for their _valid_ patents, but if this isn't one of those _valid_ patents then that's not the issue.

There's also the usual umbrellaring of Copyright, Trademark and Patents under one single idiotic term as though they were the same thing. You can't invalidate Copyright due to prior art or obviousness (or J K Rowling would never have got anywhere) and you don't have to apply for Copyright. They're very different things with separate laws and meaning.
by mwreed3 March 31, 2009 12:18 PM PDT
I'm looking at the SFLC statement, and that last line reads like Nixon's "Peace with honor" speech. TomTom settled and is paying Microsoft. Clearly the multi-billion dollar company known as Tom Tom, in conjunction with the SFLC and the IBM-backed OIN, decided that beating the FAT patent would be hard to do.

here's the quote for refresher purposes:

<i>We believe in strength through unity, and we think our community's unity in the face of these threats has helped to bring about Microsoft's quick settlement on all issues with TomTom.</i>

I don't see anywhere in SFLC press release that suggests an ongoing fight on TomTom. In fact, it uses the past tense "has helped".

I don't know about you, but past tense usually means "in the past".
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by marcobw March 31, 2009 2:01 PM PDT
I have a neutral position on Microsoft...they write some good software but they also make crap that you won't catch me using. With that being said, if Microsoft developed the FAT filesystem, don't they have the right to protect it?
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by cabdriverjim March 31, 2009 2:23 PM PDT
Simple solution, perhaps, is to disable long filename support. Microsoft owns no patents on FAT itself, afaik. Just on the methodology used to store and mangle long filenames. Plenty of cameras and other embedded devices don't support long filenames at all. That said, FAT is a terribly destructive filesystem for use on flash devices. It really needs to be abandoned for one of the many, many freely available flash filesystems (i.e. not Microsoft exfat).
by pentest April 1, 2009 8:40 AM PDT
Microsoft still hasn't learned about going after Linux. They tried it by proxy with SCO, and tried it again, using a Linux user as the proxy.

They really stepped in it now and are going to pay heavily for it.
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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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