Bonum Certa Men Certa

SFLC: Step Back and Re-think How Friendly Microsoft is to Free/Open Source Software (Updated)

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today."

--Bill Gates



IN LIGHT OF the latest assault on TomTom (and Linux), Bradley Kuhn, who a few weeks ago commented on Microsoft's "open source" posturing in [1, 2], has made the following statement:

Bradley Kuhn, Software Freedom Law Center policy analyst, told The Reg Wednesday evening: "It's a good moment for people to take a step back and re-think how friendly Microsoft is to open source."


This comes amid Microsoft's attempt to pull an embargo against TomTom, having alleged that it had violated patents by using Linux and not paying Microsoft for the 'right'. They want to essentially use financial strangulation against those who received no 'permission' from Microsoft to distribute Linux.

Gutierrez has a somewhat troubling view on patents, where he believes that all tech companies should effectively be paying pretty much everyone else patent licensing fees before they can build any products. Rather than seeing that as a problem -- he thinks it represents a good thing. It's difficult to see what the benefit is in all that wasted money changing hands... other than it's probably what pays his salary. Not surprisingly, Microsoft is using the infamous ITC loophole to get two shots at forcing TomTom to pay up -- meaning that it's both sued the company in court, and gone to the ITC to have it try to block the import of TomTom products.


This is not the first time that Microsoft exploits such a legal maneuver. It's truly an ugly routine.

It is not the first offensive lawsuit using patents from Microsoft but probably the first that explicitly involves Linux. Prior to that there was the Primax case [1, 2, 3, 4], which was all to do with computer mice. The Register has just pointed this out as well.

In the most recent case, Microsoft settled with Taiwanese mouse-maker Primax after accusing it of violating its tilt-wheel technologies.


One is able to gain insight into what was happening behind the scenes prior to this legal action. The first stage makes one wonder if companies like Brother were pressured into a patent deal with Microsoft. According to IDG:

Microsoft engaged in discussions with TomTom to license the technologies, but an agreement could not be reached, said Horacio Gutierrez, corporate vice president and deputy general counsel at Microsoft.


Here is why it's important to have TomTom fight this battle and never settle.

Asked if this TomTom case is the start of a broader legal campaign over those alleged violations, Gutierrez said no.


It would set a bad precedence had TomTom decided to settle, which is what Sam Varghese imagines they will strive for.

TomTom is a Dutch company with a much bigger presence in Europe than in North America. It has a presence in Asia, Africa and Australia as well and sells its products in 30 countries and in 20 languages. It is a market leader in portable navigation devices.

However, people should not get overly excited and have visions of a trial like the SCO case; it is likely that TomTom was calling Microsoft's bluff all this time and may now settle.


"Microsoft products need to be banned in the EU," said one reader, but patents might be needed to achieve that. Where is OIN? It is its goal to defend Linux in such circumstances. The problem is that TomTom was hit by a mixture of many patents (some not related to Linux), so it might choose to settle the whole bundle. To TomTom, this is not a Linux-only issue and given that TomTom does not even support GNU/Linux desktops, there is room for doubt.

"Microsoft is seeming to get a death wish," argues another person. Like SCO, Microsoft might have no effective tricks left, so it's hoping to take other people's revenue, including that of Linux. This also makes its competition more expensive.

As pointed out yesterday, Microsoft is suffering badly and it is in debt territories by now. In fact, it's stock is doing no better. From yesterday:

Microsoft shares hit 11-year low



[...]

Microsoft's failure to announce more cost cuts sent its shares to an 11-year low on Tuesday


Even the Microsoft-friendly press was unable to spin this positively.

Shares of Microsoft sank 58 cents, or 3.4 percent, to $16.63 in midday trading amid a broader market sell-off.


Microsoft is approaching debt or is already in it. The economy makes it worse for them (people favour sub-notebooks where Windows is almost free in the gratis sense), but their approach against TomTom is tactless. They are suing many people who are also Microsoft customers. They are using intellectual monopolies (as applied to software) against a European company where software patents are not valid. What's more, TomTom is no fan of patents [1, 2, 3, 4]. For TomTom, this whole story might actually bring publicity and sympathy. If they fight Microsoft, they'll become heroes in the minds of many.

"[The] world is over for Microsoft," argues another person, adding that it's "Funny the attack on Linux at TomTim does not contain the 200+ they claim are on the Linux kernel." This confirms that Microsoft realises it can't compete without sabotaging others. It also puts in doubt those figures (# of patents) which Microsoft never defended.

“It also puts in doubt those figures (# of patents) which Microsoft never defended.”Further, says reader: "Now it could get bad for Microsoft as well, particularly if the FAT patents get broken." They might be trying to scare those who are considering platforms like Android.

One person argues that "Common Name Space for Long and Short Filenames" is an area where prior art is futile and another person asks, "don't all the mobiles that use flash-storage use FAT somehow?" FAT would indeed affect other Linux-powered gadgets, so it's important to fight this battle to the end. "Monopoly abuse" can be used as a defense because FAT patents came up in the European courts in such a context before.

OIN is supposed to hop in and defend Linux, potentially by counter-suing. Failing to do so is failing to stand up to the promises. But then there's Microsoft's own patent troll, Nathan Myhrvold, who serves 'their' extortionate OIN equivalent. Battles of patent 'umbrellas' ahead?

TomTom should challenge this one along with other affected parties and someone should encourage them not to settle. One reader argues that the "Big thing [is that] there are lot more effected parties. Microsoft could have just opened a Pandora's box. [The] SCO case went south when more interested parties came out the woodwork -- [parties] that SCO didn't know what to do with."

"TomTom could try embargoing Microsoft as well," suggests another reader. He argues that "since most of there development is done overseas and is imported Microsoft is playing a really risky game of chicken.

"Delay on code imports would stuff Microsoft Windows 7 release."

Arguing that "the cats out of the bag," one reader suggests that this is a good reason to drop patent traps like Mono. Microsoft is a patent aggressor now and it expressed plans/intent to plant Mono in devices just like TomTom.

Microsoft is aiming at a weak target, according to a person who writes that:

In the beginning of 2008 TomTom traded at 70 euro per stock on the Dutch stockmarket. Now they are worth 3 euro per stock. Microsoft is hitting hard on a company that is already in the drain. How can TomTom afford to defend themselves after a disaster year like 2008 was for them? Microsoft has got money for sure, and with this economy everyone will be scared to step up against Microsoft. They are using the economic climate to bully the entire industry (remember TomTom is just one company, they used blackmail to extract license fee’s from many companies before this).

Soon MS will monopolize the patent trolling business. I hope people will react to this and create a new better faster light-weight FS sort of like what happened with the GIF -> PNG transition (and which is happening right now with the OGG revolution driven by Wikipedia and Mozilla).


To conclude in the words of a reader, "TomTom should never get into cross-license here, that is clearly Microsoft's number-one option... mak[ing] it even more so look [like] anyone embedding Linux needs that [...] cross-license." Some further discussion appears in LWN for those who are interested.

“I was going to spend my money on upgrading to Windows 7 when it is released, but after reading this, I am disgusted at Microsoft's apparent greed..."

--Source



patent threat
Photo under the GNU Free Documentation license



Update: TomTom is fighting back.

Dutch navigations solutions company TomTom NV ( TOM2.AE) said Thursday it rejects all Microsoft Corp.'s (MSFT) claims that it is infringing on eight of its patents.

[...]

Earlier this week, TomTom reported a EUR989 million fourth-quarter loss, and warned that it could breach its debt covenants. The bottom line was hit by lower sales in both the U.S. and Europe, TomTom's main markets, but also by a EUR1.1 billion impairment charge related to the company's 2007 acquisition of digital map maker Tele Atlas.

Comments

Recent Techrights' Posts

[Meme] Community of People to be Exploited, Then Thrown Away, Left Behind or Even Slandered
Debian.org front page
Alexandre Oliva's FSF disposition
During my recent trip for LibrePlanet, I was fortunate to have, or at least start, long conversations with nearly everyone in FSF staff
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
 
Six on the Beach: After Losing Six Continents Microsoft is Losing Oceania Too
Based on the 6- or 7-continent view of the world
Links 17/06/2024: Mass Layoffs Accelerating in Tech, Concerns About Impact of the Net
Links for the day
Gemini Links 17/06/2024: Hyprland Analysed and No Use for Betrusted
Links for the day
Microsoft Can Never Make a Comeback Anymore, the Community is Shutting It Out
We're relying on the real community, not fake ones or coopted ones
The World is Becoming (or Has Already Become) Linux
An intercontinental success story
Georgia: Bing Share Fell by Half Since 'Bing Chat' (LLM Hype), Fell Behind Yandex As Well
Georgia's situation is interesting
[Meme] SPI and 'FSFE': Sponsored by Microsoft to...
women's instincts do not matter to these strongmen
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
Covering Abuses and Corruption
We'll never surrender to blackmail
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day
Removing the Tumour From IRC
looking back
[Meme] The Free(dom) Software Engineer in European Elections
“When the debate is lost, slander becomes the tool of the loser.”
Vista 11 Was 'Leaked' Exactly 3 Years Ago and This One Picture Says It All
how 'well' Vista 11 has done
A Smokescreen for Brad Smith
Maybe the key point was to say "Linux is not secure either" or "Windows and Linux are equally vulnerable", so don't bother dumping Microsoft
Windows Sinking Below 13% Market Share in the Island of Jamaica
Microsoft's decline continues and will mostly likely continue indefinitely in Jamaica and its neighbours
Links 15/06/2024: Microsoft's Intellectual Ventures Attacks Kubernetes With Software Patents, More Layoff Waves
Links for the day
Gemini Links 15/06/2024: On Lagrange and on YouTube Getting Worse
Links for the day
Edward Brocklesby: hacker received advance notice of zero-day vulnerabilities in MH and NMH email software
Reprinted with permission from Daniel Pocock
[Meme] Code Liberates Kids
Matthias Kirschner: I can't code, but I can write a book
In Armenia, Bing is Measured at 0.6%, About Ten Times Less Than Yandex
Bing will probably get mothballed in the coming years
[Meme] A Pack and Pact (Collusion Against Computer Users)
They never really cared about users, no more than drug dealers care about drug users...
GNU/Linux in Azerbaijan: From ~0.1% to 7%
Azerbaijan is around the same size as Portugal
Women in Free Software (FOSS) Need Action, Not Mere Words
the men who are loudest about women's rights are some of the very worst offenders
Embrace, Extend, Extinguish Minecraft
These folks should check out Minetest
Techrights Statement on Men Who Viciously Attack Women in Free Software
history shows women will win
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 14, 2024
IRC logs for Friday, June 14, 2024
[Meme] People Who Cannot Find Gainful Employment Because of Their Poor Behaviour Online (Not the People Who Merely Call Them Out on It)
Imagine trying to become a lecturer while talking like this in public
You Too Would Get Nervous
countries where Windows is down to 2%
[Meme] The Two Phases (and Faces) of Microsofters
Microsofters: stalk IRC, then troll IRC
The 'Nobody Reads Techrights Anyway' Crowd
Send In the Clowns
Books in the Making
I intend to spend a considerable amount of time explaining what my family and I were subjected to for the 'crime' of promoting/covering Free software
Microsoft is Still Losing Malta
And GNU/Linux is doing well on laptops and desktops
Tux Machines: Third Party Impending
There will be more next week