Hugo Mills wrote:
> 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.)
Which is why I enquired earlier about donations on Tom Toms
behalf........
Even if from a short term business case Tom Tom were tempted to cut
their losses and capitulate, I think there is an advantage in calling
Microsofts bluff.
Microsoft will have chosen their target very carefully. Not too small
- a walkover and not worth the income. And not too big - too much risk
for MS.
So, what if Tom Tom suddenly found a huge amount of community cash?
Microsoft would find itself suddenly up against something much bigger
than it thought at first.
--
alan cocks
Ubuntu user #10391
Linux user #360648
