Re: [Hampshire] Let the Battle Commence

On Fri, Feb 27, 2009 at 12:12:51PM +0000, Phillip Chandler wrote:
> "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 ?

This is about patents, not copyright. MS owns some patents. They
claim to have identified implementations of those patented algorithms
in the version of the Linux kernel that TomTom are shipping. Those
implementations could be entirely independent developments of the
idea, and still be infringing of MS' patent.

If someone else came up with the algorithm without ever having seen
or used any MS software or documentation, then it is still possible
for MS to win the case, as they own the patent on that algorithm.

(Of course, it's entirely possible that the patent fails on any
number of grounds, particularly in the light of the Bilski decision
that was linked to earlier in this thread. However, getting to that
point is uncertain and expensive.)

> 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.

No, it's not that Linux has MS-copyright *code*. It's that Linux
has MS-patented *algorithms*. Specifically, the Linux kernel in the
TomTom has them. If it was about a specific implementation
(i.e. source code), it would be a copyright case. It's not.

The "you've got our source code" one was tried a few years ago --
you may have heard of SCO... That was a copyright case. This one is a
patents case.

> 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.

That's definitely an option. Patent cases are hard to defend in
most cases, I believe.

Hugo.

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