MESSAGE
| DATE | 2009-02-27 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [NYLXS - HANGOUT] MS Verses GNU is heating up
|
The Linux Foundation insists it is equipped to fight Microsoft if the
software giant’s lawsuit against TomTom impacts the open source Linux
kernel.
In his blog, Executive Director Jim Zemlin advised concerned parties to
“calm down” in light of statements by Microsoft’s deputy general counsel
that it is targeting TomTom’s GPS mapping software and not Linux.
Yet Zemlin was quick to reassure the community that the foundation and
Open Innovation Network has the funds necessary to defend Linux if
necessary. TomTom’s GPS mapping software incorporates the Linux kernel.
Below is an excerpt of Zemlin’s blog:
/Calm Down/
/Right now the Microsoft claim against Tom Tom is a private dispute
between those two entities concerning GPS mapping software. We do not
feel assumptions should be made about the scope or facts of this case
and its inclusion, if any, of Linux-related technology. Any patent
litigator will tell you that the path between asserting a claim under a
patent and an actual, final determination that the patent is (1)valid
and (2) that the claims of the patent are actually infringed is an
extremely long road. If this case is in any way directed at Linux (in
fact, Horacio Gutierrez, Microsoft’s corporate vice president and deputy
general counsel of Intellectual Property and Licensing, has specifically
stated that it isn’t), the Linux ecosystem has enormously sophisticated
resources available to assist in the defense of any claim that is made
against Linux./
/Hope for the Best/
/It is our sincere hope that Microsoft will realize that cases like
these only burden the software industry and do not serve their
customers’ best interests. Instead of litigating, we believe customers
prefer software companies to focus on building innovative products./
/Plan for the Worst/
/The Linux Foundation is working closely with our partner the Open
Invention Network, and our members, and is well prepared for any claims
against Linux. We have great confidence in the foundation they have
laid. Unfortunately, claims like these are a by-product of our business
and legal system today. For now, we are closely watching the situation
and will remain ready to mount a Linux’s defense, should the need arise./
And it just might arise. In her blog,
Mary Jo Foley cites an online report
by TechFlash’s Todd Bishop, which maintains that Microsoft in its
lawsuit alleges that TomTom’s products violate eight of its patents,
including three related to TomTom’s implementation of the Linux kernel.
Microsoft’s Horacio Gutierrez, Microsoft’s corporate vice president and
deputy general counsel of Intellectual Property and Licensing, said the
case targets GPS mapping software — not Linux per se — but we’ll have to
wait and see how the patent claims pan out.
I can think of at least two reasons why Microsoft chose to take on
TomTom: TomTom’s new personal
navigation devices carry a Go Live and Live Services product naming —
the same branding used by Microsoft for its next gen web services. And
those devices just hit the U.S. market last month.
Paula Rooney is a Boston-based writer who has followed the tech industry
for almost two decades. See her full profile
and disclosure
of her industry
affiliations.
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