Bonum Certa Men Certa

TomTomaginot Line: Fighting Microsoft Using Patent Pools

Water danger
Patent pools to the rescue?



Summary: What a patent blanket/inventory may mean to TomTom's two-way battle with Microsoft

A FEW DAYS ago we reposted the press release about TomTom joining OIN (well, OIN mailed it to us) and now we have the chance to remark on news coverage.

One of the fastest to report on this was SJVN, who published "TomTom gets allies in Microsoft Linux patent lawsuit fight." It's a good short article.

When Microsoft first sued TomTom for patent violations in TomTom's Linux-powered navigation devices, I wasn't sure how much of a fight TomTom would put up. Legally TomTom was between a rock and a hard place. You can't use restricted-use patents in GPLed software. If Microsoft just wanted to use the lawsuit as a hostile takeover tactic, TomTom didn't have anything like Microsoft's financial resources to fight them with.


Glyn Moody chose a provocative headline by suggesting that the TomTom case is the new SCO case.

I don't think this materially affects the Microsoft lawsuit, since these OIN patents are not intended to be used for attack, more to remove possible obstacles. It simply emphasises the increasingly alignment of TomTom's interests with those of the wider GNU/Linux community, and represents a nice poke in the eye for Microsoft.


Moody is in favour of this idea which he characterises as "Patent Commons", but we reserve some judgment against this approach which IBM's Arnaud Le Hors wrote about two days ago (on patent pools):

The Eco-Patent Commons has momentum



[...]

The Eco-Patent Commons was launched in January 2008 with the participation of Nokia, Pitney Bowes, and Sony, in addition to IBM.

Later Bosh, Dupont, and Xerox joined, and today WBCSD announced that Ricoh and Taisei joined the commons and Dupont contributed more patents.


How convenient it must be for IBM to say all this. How many patents does this company have again? The only solace is that IBM -- unlike Microsoft -- does not attack Free(dom) software. It would be counter productive.

It appears as though the editor ("Leader") of ZDNet UK has once again slammed Microsoft for its patents-centric approach against Linux. He did so several times recently, e.g. when Microsoft signed the patent deal with Brother.

The warning sound of TomTom



[...]

[T]hose were the days when Bill Gates could say that software patents had the potential to put the industry at "a complete standstill" and with good reason. If the sort of protection Microsoft now claims for itself had been available to CP/M then, Microsoft would never have created its monopoly, nor amassed a fraction of its power.

Now it has, the rules have changed. Microsoft is perfectly happy, while proclaiming openness and interoperability, to find a company in dire financial straits and then threaten it with expensive legal action over what any self-respecting programmer would identify as a hackish kludge--something that advances the art of computer software not one bit.


David Meyer from ZDNet UK reported on these TomTom-OIN affairs, but he added no new information.

The satnav maker announced it had signed up to the OIN on Monday. By joining, it gained access to more than 275 patents and patent applications. In return, it has to open up its own intellectual property to other OIN members, royalty-free.


The implications of this are more properly discussed over at Groklaw and it remains to be seen how TomTom can use patents to fight some more patents (the GPL forbids cross-licensing in this case), as opposed to pushing for the 'Bilski test' -- that is, seeing if it can be applied to software.

Dana Blankenhorn voices an opinion and The Register adds very little information other than some background that leads up to the OIN story.

TomTom has now thrown its name into the ring, and has probably bagged a few more supporters along the way in its noisy legal spat with Microsoft.

The software giant issued a lawsuit against TomTom in late February when it accused the firm of infringing eight of its patents.

Just last week TomTom hit back with a patent claim of its own in which it accused Microsoft’s Streets and Trips products of infringing four patents in the vendor’s vehicle navigation software.


This was also covered by Heise and Microsoft's PR tool, Ina Fried. It was mentioned along the way in Tectonic, but there is too little in-depth analysis that we could find.

Recent Techrights' Posts

More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
 
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
'Vice Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026
Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026