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

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
 
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024