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

How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
Team GNOME Has Libeled Me for Nearly 20 Years
we are not dealing with sane people
Experience With Airlines in 'Web Sites' and in 'Apps'
In a lot of ways, Stallman Was Right about what JavaScript would turn out to be
Open Does Not Mean Free
wiser to ask if some program is freedom-respecting
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day