Re: [Hampshire] Let the Battle Commence

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Author: Phillip Chandler
Date:  
To: Hampshire LUG Discussion List
Subject: Re: [Hampshire] Let the Battle Commence
On Fri, 2009-02-27 at 10:37 +0000, alan c wrote:
> Tony Whitmore wrote:
> > On Thu, 26 Feb 2009 08:47:58 +0000, alan c <aeclist@???>
> > wrote:
> >> Stephen Davies wrote:
> >>> Well, Microshaft has gone and done it....
> >>>
> >>>
> > http://www.techflash.com/microsoft/Microsoft_sues_TomTom_over_patents_in_case_with_Linux_subplot_40305732.html
> >>>
> >>> http://www.theregister.co.uk/2009/02/26/microsoft_tomtom/
> >>>
> >>> Right,
> >>> time to get the beer in and settle down to watch the sparks fly
> >>
> >> Is anyone (with big money) supporting tom tom, or do they have a
> >> donations collection?
> >
> > TomTom are not poor! OK, they don't have Microsoft's funds, but they are a
> > commercial organisation selling a popular product. I'm sure that advice
> > from the various Free Software legal bodies will be forthcoming but I
> > wouldn't worry about their ability to defend themselves. I'd be more
> > worried about the outcome of the case.
>
> you might find this interesting if not reassuring:
>
> Two Quick Words About Microsoft v. TomTom: Think Bilski
> http://www.tectonic.co.za/?page_id=2754&bid=5417
>
> and it leads to
> http://www.groklaw.net/article.php?story=20090226070041454
>
> if you read more deeply you see a clear possibility that some already
> weak patents may be washed away.
>


"Microsoft filed suit against TomTom today, alleging that the in-car
navigation company's devices violate eight of its patents -- including
three that relate to TomTom's implementation of the Linux kernel."

The only problem here is that wouldnt Microsoft now have to take on the
Linux community as well ? Seeing as they claim tomtom "including three
that relate to TomTom's implementation of the Linux kernel"

MS doesnt own the copyright to the linux kernel, so are they suing
tomtom on Torvalds behalf ?

I know theres a lot of hot air between linux and MS about some code. Im
sure its MS saying Linux has some MS code. Someone correct me here.

But if MS wanna do tomtom re the linux kernel, then MS will have to
prove that there is MS code in the linux kernel. And if MS cant prove
that, then both tomtom and the linux community will be having a big
party, because MS will then have no more hot air to throw at Linux.

Or am I missing some simple point here, like MS is hoping that tomtom
will back down and cough up lots of dollars to MS.