TomTom gets muscle in patent spat with Microsoft

Samantha Rose Hunt25 March 2009, 11:00 PM

When Microsoft sued TomTom for patent violations in its Linux-based navigators, it probably didn't figure what would happen next.


Microsoft sued TomTom earlier this month for patent violations around TomTom's use of the FAT32 file system in its Linux-based navigators. Although TomTom is one of the world's leading brands of navigator, it's still a minnow-sized company compared to Microsoft, and the tech community speculated that it probably lacked the resources to fight.

That is until now. TomTom has joined the OIN (Open Invitation Network), which is an intellectual property company which was formed to promote the various open-source Linux platforms by creating a collaborative ecosystem and community amongst members. Among the members of the group are Novell, IBM, Sony and Red Hat.

With OIN on its side, it automatically has the support of Linux Defenders, a group sponsored by various Linux organisations which pulls out all the stops to stop frivolous patent-warfare lawsuits against Linux. The organisation is backed by the SFLC (Software Freedom Law Center) and the Linux Foundation, as well as OIN.

TomTom has also taken the fight right back to Microsoft, and has issued a countersuit against Microsoft for the violation of four of its patents in the Microsoft Streets and Trips program. (Honestly, why does 'big-tech' always sue over patents like this ... the outcome is so predictable. A whole lot of money gets spent on lawyers, and they end up writing a cross-licencing deal.)

One thing about open source is that it works to promote open development, and after years of fighting governments over monopolistic bully tactics, Microsoft is quite possibly treading on some very thin ice around antitrust issues if it continues to attack companies that use Linux in its attempt to shut down its open-source competitor.

Put simply: it's Microsoft prerogative to continue this, but although Linux may look like the weakling of the class financially, there's a hell of a lot of money riding on its ongoing freedom and success -- just look what happened to SCO.

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sjaeger172004 (User):

I have to say "SUCKED IN MICRO$SOFT" open source community is willing to fight you at last!!!!!!

26 March 2009, 12:11 AM (11 months ago)report abuse Send to a friend reply

Halcon (Advanced member):

This is the clash of titans.
In the red corner is Goliath (Microsoft) and in the blue corner is David (TomTom) The ugly giant want to squash like an insect the little opponent.
It's time the big monster fights with one of the same size and see if can struggle a little bit more.
Unfortunately there is no Batman, Superman or the Green Lantern to save the little guy from the abuse of the big bastard, I wish the Japanese could have lend their ultimate hero Ultraman to wipe out the menacing monster with a good karate hit and poking the eye where it hurt most.
Microsoft should be branded Red King instead!

26 March 2009, 12:16 AM (11 months ago)report abuse Send to a friend reply

todd_h86 (User):

Umm.... why are TomTom using fat32 file system anyway? If they were truely 'open source' they wouldn't be relying on a file system that was created for Windows.....
Microsoft have nothing to gain by 'crushing' TomTom... unless the next Zune is going to be a GPS navigator.... also sjaeger172004 open source has been willing to fight Microsoft for a while.....

26 March 2009, 9:31 AM (11 months ago)report abuse Send to a friend reply

Tin (Regular user):

Because they use removable SD cards allowing users to copy files onto the unit easily and without any annoying vendor software. The oddity of the law suit is that 30 millions other models of devices use it to...

And to be honest, I doubt FAT32 is legally patentable anyway. It does nothing FAT8, 12 and 16 didn't do. And it's not much different to a crazy person doing their filing by leaving sticky notes in the top drawer of the filing cabinet saying which drawer the actual files are in.

26 March 2009, 11:41 AM (11 months ago)report abuse Send to a friend reply

Raindog (Senior Forumologist):

Quoting Tin:
Because they use removable SD cards allowing users to copy files onto the unit easily and without any annoying vendor software.

So does MS intend on suing almost every manufacturer of embedded devices using memory cards or sticks? And do they intend on suing all the makes of memory sticks shipping their devices pre-formatted.

I guess if MS can no longer make a paying operating system they need to seek out any possible sources of income they can.


26 March 2009, 12:04 PM (11 months ago)report abuse Send to a friend reply

Tin (Regular user):

Quoting Raindog:
So does MS intend on suing almost every manufacturer of embedded devices using memory cards or sticks?


Only those who make devices MS are planning to release I'd say.
I suspect the earlier mention of a possible Zune with GPS could be on the mark. Maybe some kind of XBoxPortable with built in navigation. Who knows...

26 March 2009, 5:48 PM (11 months ago)report abuse Send to a friend reply

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