Bonum Certa Men Certa

Innovative Microsoft

INNOVA~1 Galore

"I don’t understand how IE is going to win. The current path is simply to copy everything that Netscape does packaging and product wise."

--Jim Allchin, President of Platforms & Services Division at Microsoft



Summary: Synopsis of developments regarding the legal challenges Microsoft unleashes upon Linux

THE principal question about TomTom's lawsuit has recently been transformed into one which revolves around GPL compliance and ethical traps. This latest angle is already being examined, explained, and summarised. Mary Jo Foley, who is in good terms with Jeremy Allison (she interviewed him before), wrote about this issue which was first raised by him. She summarised the TomTom issue -- as it appears at this stage in particular-- without provoking:



[I]t’s looking more and more like the open sourcers are right and TomTom is the canary in the Linux-patent coal mine.


One of our readers explained this whole situation in simple terms, as follows: "The lawsuit publicizes a patent trap of Microsoft's own creation. Microsoft created a de facto industry standard in the FAT (File Allocation Table) format that it made widely available for adoption without letting it be known that it held and would assert the patents behind the standard. What makes the FAT patents valuable is not the technology behind them but the fact that they were promoted and accepted as a standard without word that Microsoft would someday come asking for money. Two of the patents are for converting between long and short file names - a FAT function that is commonly implemented in digital cameras, MP3 players, and other devices, not just in Windows and Linux.

"Some wishful thinkers within the open source community may accept Microsoft's claim that this is about TomTom rather than Linux, along with the blather that accompanies most patent litigation about how Microsoft would rather license than litigate. But this is in fact a landmark assault into the most troubled and controversial terrain of the patent system. It will reverberate for a long time to come."

Microsoft's latest action has already led to public protests. Here is the leaflet distributed in Brussels protests a few days ago [PDF]. To quote a portion:

Economic Parasites



When your tech product or website is accused of infringing a software patent, you can: ● Pay the patent holder a licence fee; they decide the amount ● Fight the patents in court - expensive and time consuming

● Take your product off the market These are the options currently being considered by Tom Tom NV. Microsoft is claiming that Tom Tom's car navigation systems violate eight Microsoft patents.


Groklaw has begun taking a closer look at the TomTom case and one person points out (from the comments): "I *also* wonder this: Microsoft is a big company. Has Microsoft *ever* distributed a Linux based device with VFAT support? If so, would the fact that, under the GPL they cannot do so without conveying a patent license to the recipient that is transferable to anybody the recipient sees fit, and the fact that Microsoft as owner of the VFAT patents is able to provide such a license mean that it can be legally assumed they DID provide such a license?"

Asks one informant of ours: "What about Microsoft's Linux lab and their offerings to Apache and SAMBA? What if Microsoft released something under the GPL (to anyone), doesn't that mean they relinquish any necessary patent claims?" We already know for a fact that Microsoft uses GNU/Linux-based products, but using is not necessarily selling.

A few days ago, Red Hat got sued by a partner of Microsoft (little more information here), but that's not the main concern in people's mind because it symbolises Red Hat's rise to prominence. An interesting addendum from Open Sources states this:

[UPDATE: 2009-03-05 9.30a ET] I'm told that Oracle is also a defendant, although this filing is from April 2008.


Oracle is a member of OIN, so it is likely to be part of the battle that was initiated against TomTom. Additionally, the last time this case was mentioned it was also shown that Google had grown tired of the patent system (Google too is a relatively recent addition to OIN's members). The word is still spreading out there and since many people respect (sometimes love) Google, they come to disrespect the patent system. Academics too continue to dispute the viability and value of this system.

Markets outperform patents in promoting intellectual discovery, say economists



When it comes to intellectual curiosity and creativity, a market economy in which inventors can buy and sell shares of the key components of their discoveries actually beats out the winner-takes-all world of patent rights as a motivating force, according to a California Institute of Technology (Caltech)-led team of researchers.


Further discussion at TechDirt:

[O]nce again, the study found that a free market solution greatly outperforms a patent monopoly solution where the "first" provider gets a monopoly. The research was led by economist Peter Bossaerts and a team of others -- and it made a point that won't surprise anyone who's studied the economics of monopolies. Patents tend to function just like any other monopoly system: it shrinks the overall market, decreases net social benefit, provides monstrously excess rewards to a single provider and harms everyone else. In fact, the research found that the patent system created a massive disincentive for many people to participate in the very process, even if their contributions could have been quite helpful in speeding along the innovation.


Given that software patents may have already died (most of them anyway [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14]), Microsoft's last resort in the fight against Linux may be dead on arrival. Linux vendors can carry on doing business with confidence that Linux is here to thrive, as is GNU.

Google's market cap is not far from surpassing that of Microsoft. That's how deep in trouble Microsoft is, especially now that Google expands from Linux phones to Linux 'desktops' (sub-notebooks), as of yesterday's reports.

GNU and Linux

Recent Techrights' Posts

analytics.usa.gov Says 7% of Sessions Come From GNU/Linux and ChromeOS. If ~40% (Mobile) Get Omitted, It's More Like 11%.
In desktops and in laptops GNU/Linux has become a big player
IBM Cannot Survive for Much Longer, There Are Limits to RAs and Offshoring, IBM Now Asks Workers to Quit
IBM is in very serious trouble
Debian losses in Switzerland hidden until after DPL election debate
Reprinted with permission from Daniel Pocock
How to Dehumanise a Triple National
Don't be easily incited against those who sacrifice a lot to inform the public of suppressed topics
 
GAFAM Mass Layoffs and Mountains (Trillions of Dollars in 'Secret' or 'Off-the-Ledger') Debt
GAFAM is having layoffs this month
August 2026 Microsoft Layoffs Confirmed by Staff This Week
It's hard to assess how many are impacted but signed an NDA, preventing them from speaking about what really happened
SLAPP Censorship - Part 141 Out of 200: Brett Wilson LLP Failed to Learn From the Mistakes of the European Patent Office (EPO)
my solicitor, David Allen Green, put them in their place
Texts of the Claims From Balabhadra (Alex) Graveley and Matthew J. Garrett Almost Identical, I am Suing for Abuse of Process
Half a decade ago Balabhadra (Alex) Graveley from Microsoft and GNOME was arrested for strangulation in Texas
Gemini Links 06/08/2026: "Eat That Frog", Mutt Terminal Email Guide, and BASICODE
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 05, 2026
IRC logs for Wednesday, August 05, 2026
Big Announcement Tomorrow
Stay tuned...
GNU/Linux Seen Exceeding 10% in Antigua and Barbuda
In Antigua And Barbuda, what's seen this month is not far from the average
Gemini Links 05/08/2026: Family Room, Smoke, and Alarm clocks
Links for the day
The Establishment, Oxford, Google & Debian artificial intelligence conspiracies
Reprinted with permission from Daniel Pocock
SLAPP Censorship - Part 140 Out of 200: You Become What You Eat, Your Clients Become You
In 2024 Brett Wilson LLP failed to heed a decade-old warning
Links 05/08/2026: Microsoft's (XBox's) "Devastating July" and "Never Write With" Slop, Says New York Times
Links for the day
Gemini Links 05/08/2026: No to Slop, Dangers of Clown Computing, and Reducing Internet Usage
Links for the day
The Register MS Takes Money From NVIDIA and HP to Promote Their Ponzi Scheme, "AI", in a Fake 'Article' That Says "AI" 42 Times
"The media"... selling us scams for profit
Fertility app privacy, Britain's teenage pregnancies & faith based schooling
Reprinted with permission from Daniel Pocock
In Chile, GNU/Linux Approaches 4%
Let's see if it can exceed 5% by year's end
No Room for Misogyny and Incels in Free Software
How can we ever trust men whose own family and their own partners cannot trust?
In El Salvador, ChromeOS and GNU/Linux Now Measured at Around 12%
signs of gradual and steady adoption of GNU/Linux
Software in the Public Interest (SPI) Starts Spending Big Money in an Effort to Resist Lawsuit From Daniel Pocock
They've lost over half a million dollars in the latest 3 years
The Establishment, Cambridge, Steve McIntyre & Debian suicide cluster
Reprinted with permission from Daniel Pocock
Links 05/08/2026: Internet Archive Harmed by Slop Bot, "EBay And Former Execs Agree to Pay $56 Million For Trying to ‘Crush’ a Journalist"
Links for the day
Luxembourg and Software Freedom
Luxembourg's adoption of GNU/Linux has quite consistently been higher than the European average
The Free Software Foundation (FSF) Web Site is Online, GNU's Site Having Issues (Ongoing Issues)
We hope they can rectify the issues with the GNU Web site
Freedom Includes the Liberty to Disagree (and be Listened to, Not Censored)
Freedom is our collective strength
Tanzania: GNU/Linux Now Seen on 8% on Desktops/Laptops (User Clients)
numbers have more than doubled
IBM CEO Says IBM Won't be Bankrupt by 2028 or 2029 (When He Reaches Retirement Age)
IBM has no path to survival
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 04, 2026
IRC logs for Tuesday, August 04, 2026
Gemini Links 05/08/2026: Being Good, Tildeverse and Tilde.pink, Games
Links for the day
Links 04/08/2026: GAFAM Expressing Concerns About Dangerous Disinformation by Slop, Bill Epsteingate-Connected Litigation Firm Salivating Over Europe
Links for the day
Gemini Links 04/08/2026: Root Shell and "Duty of Care"
Links for the day
Alternate Data (Not IBM's Headcount) to Show Mass Layoffs' Effect at IBM (Despite Many Acquired Workers Via M&A)
mass layoffs at Hashicorp and at Confluent this year (media did not cover either).
Big Blue's Quiet Axe - Poem Regarding IBM "RAs"
No idea who posted this, but it is profound
Growing Proportion of Linux Commits Being Made by LLMs Not a Sign of LLMs Working, It's a Sign of Linux Development Being Shifted From Community to GAFAM and Other Slop Pushers
antagonist became apologist
Worse Than "Taking Your Job", the Slop Pyramid Scheme Will "Take Your Pension"
This will not end well
Abundance of Fake (Sometimes Paid-for) 'News' About IBM Will Discredit the Media as a Whole
In 'the news' today
Microsoft is Trying Vapourware Again (to Keep Developers and Gamers From Fleeing)
For XBox, the main thing over the horizon is additional layoffs
statCounter Reckons 12.33% of Web Traffic in Gambia Can be Attributed to GNU/Linux, Even 15% If Adding ChromeOS
Will this be sustainable?
Reminder: The Pedophilia Problem Comes From the Accusers
Attacks on Richard Stallman are a distraction; his accusers are themselves the culprits
SLAPP Censorship - Part 139 Out of 200: Solicitors Regulation Authority (SRA) Needs More Public Scrutiny (New Management Changed Nothing, It's Costing a Lot of Taxpayers' Money)
millions or maybe billions of pounds wasted
Rumours of Further IBM Shutdowns
IBM is going out of existence
Brigading Against Women - Part II - Threatening Women Using the Human Rights Tribunal of Ontario (HRTO) and Then False Threats Miscarrying the Name of a Court
In this series we intend to show the threats, the outcomes of those threats, the response to those threats
Collapse of MElon Companies a Taste of What's to Come for Slop Bubble and GAFAM (Trillions in Debt, Justified as Slop "Investments")
One good example of this was SpaceX
The 'Hyperinflation' in Hardware Dooms Video Hosting (Very Large Files)
a terabyte of video files would be expensive
Rumours of Silent Layoffs in Microsoft This Month (August 2026), PIPs and Global Voluntary Separation Agreement (GVSA), aka "Buyouts"
Will any investigative journalism follow or just shallow puff pieces and LLM trash from slopfarms?
Links 04/08/2026: "Framework for Musician Burnout" and Alexa+ "is a Buggy Embarrassment"
Links for the day
Signs That XBox as a Console is Coming to an End, Windows Gaming Will be Called "XBox"
"XBox" is the next "Surface"
Microsoft's Share in Search Falls Sharply in Europe
The layoffs at Microsoft's Bing will carry on
Romania: GNU/Linux Reaches 4% (Less Than EU Average)
We expect this same upward trend to carry on
Microsoft Sites or Sites Sponsored by Microsoft Angry That GNU/Linux is Gaining
The Microsofters cannot easily dismiss reports of GNU/Linux growth as "bots" or just allege that statCounter alone is wrong
Ableism in the Free Software Movement Typically Comes From GAFAM Operatives and Proprietary Software Apologists
And their hired guns
Afghanistan: GNU/Linux Steadily Rises to 9%
Windows is steadily declining
IBM Innovation: It Has Invented New Methods of Silent Layoffs or Secret RAs
How IBM disguises mass layoffs now
Many Anniversaries
Many anniversaries in quick succession
LLM Slop Won't Replace People and Jobs (in the Long Run)
At the end of the day, people who know their job offer more useful information, whereas LLMs waste people's time (typically an 'externality' to the entity deploying chatbots)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 03, 2026
IRC logs for Monday, August 03, 2026
Over 3,500 Known Gemini Capsules Accessible and Active According to Lupa
It finally happened this morning
Gemini Links 04/08/2026: Library Cards, Dead Ends in Software Development, and DOS on USB Key
Links for the day