Bonum Certa Men Certa

OIN Explains TomTom's Settlement with Microsoft (and Other Patent News)

Gavel in silk



Summary: TomTom may reveal the details of its FAT settlement, Topolanek escapes the room, and an IBMer might become the next PTO Director

IAM Magazine, a site by lawyers for lawyers (i.e. patent maximalism), has just published an interesting entry (free subscription to read) whose heading heralds: "Microsoft invites TomTom to reveal settlement terms after OIN chief's claims"



Speaking in a session based on the EPO's Scenarios for the Future project, Bergelt explained that under Dutch law, a company only has to reveal how much it has paid to settle a dispute if the amount exceeds a certain percentage of its market capitalisation. According to Bergelt, in TomTom's case the sum would have had to have been over $500,000. As TomTom has not made any figures public, Bergelt claimed, the settlement amount must have fallen below the threshold.


This pretty much answers the question about the amount TomTom was required to pay. It was already discussed in [1, 2]. Digital Majority found this interesting part of a thread about FAT in Linux (TomTom effect): "Steve, can you please stop the bullsh**ting? From the complete lack of technical arguments it's pretty obvious that this seems to be some FUD fallout from the MS vs TomTom patent lawsuit."

The Linux FUD blog, which debunks Linux FUD on a routinely basis, has just written about Microsoft's strategy with patents and lawsuits against Linux. Here is just a portion:

Microsoft vs. Linux

Microsoft has claimed that Linux violates approximately 235 patents. The company has reportedly “chosen” to not sue, and the rationale for this choice has been the topic of much speculation. Microsoft has not revealed the details of the violations, including the identifying numbers of the violated patents.

Lack of merit in the claim is probably the reason most people believe Microsoft has not filed – in other words, Microsoft is bluffing. Perhaps Microsoft knows that the patents are not enforcible for one reason or another, but it also knows fully that it retains power derived from fear so long as it can make threats that sound credible. If the claim does lack merit, that power would diminish rapidly once a case is brought against the first defendant. Either the patents would be found to be unenforcible (e.g. prior art would be proven), or legal action against one defendant would prompt the Linux community as a whole to adapt quickly. Details of the suit would provide the vital information required to ensure that Linux complies with all patents going forward.

Many Linux supporters and advocates disapproved when Novell and XandrOS succumbed to this fear when they signed their now famous “peace treaties” with Microsoft.


There is another interesting entry in IAM Magazine. Some time ago we wrote about the Microsoft-sponsored presidency from the Czech Republic and its role in lobbying for software patents in Europe [1, 2]. It is doing a lot of damage and now we find this hilarious report:

Patent change in Europe is unlikely if business leaders remain silent



[...]

With all that that in mind, Topolanek claimed that he was confident that the Czech Presidency of the EU had enabled progress which could now be built on by the Swedes, who assume the presidency at the end of June. It all sounded very impressive, I have to say - a national leader talking eloquently about the importance of patents to Europe's future. Who'd have thought it? Then he was asked to explain what the Czechs had done in concrete terms to take things forward. He paused for a very brief moment before saying: "I do not know, this is not my area." He then got up and left.


Priceless.

So on behalf of large multinationals, those politicians seem to be promoting more fences and barriers to competition. Then they are surprised that no support is received from local businesses, except the fake ones (AstroTurfers for monopolies).

Other patent news this week:



It turns out that the next PTO Director might sadly enough be coming from a company which is in favour of software patents (IBM).

Much of the job of PTO director involves employee relations, and Kappos continues to successfully lead one of the largest private patent departments in the world. His current and former employees are loyal to him as a leader and praise his creativity and genius. The IBM IP office is known for its spirited and open debates on policy and direction. In my view, this corporate management experience and patent prosecution experience are more relevant to running the PTO than - say - running litigation teams at a law firm, managing a congressional committee, or even teaching a group of law students.


The FSF is already taking its fight against software patents up a notch:

End Software Patents today launched en.swpat.org, a wiki to document the case against software patents. Over 100 articles have already been started to give an idea of the scope and structure of the wiki.


Any contributions to that Wiki would of course be valuable.

"Small enterprises generally adopt a rather negative position towards the current increasing granting of patents for software and algorithms because they fear that these will hamper or eventually even impede their work (more than 85%)." —German Federal Ministry of Education and Research (BMBF), Study of the Innovation Performance of German Software Companies, 2006, p. 86

Recent Techrights' Posts

Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
43rd Anniversary of the GNU Project Announcement
Coming soon
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
 
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026