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YoDude's Avatar
Posts: 2,869 | Thanked: 1,784 times | Joined on Feb 2007 @ Po' Bo'. PA
#31
Originally Posted by qole View Post
Thankfully, Nokia could run their tablets FAT-free if they wanted to

I have a friend who had to basically shut his company down while being sued frivolously by a big-dog corporation who was hoping to destroy them this way. After they won the lawsuit, they were able to start back up again, but my friend's company is a rare exception. Most of the time, big companies launch these lawsuits to grind small companies into submission.
Unfortunately a big budget legal department can be used to effect many things. We have all seen how just the rumor of a possible legal liability can cause a stock price to fall.

From the aspect of the person or BOD that provides that legal departments budget, it is logical for them to want the most bang for the buck.

The difference here is a Big Dogs "Legal Department" (with many of its costs considered fixed by its parent entity) VS. your friends, perhaps retained attorneys fees @ a per hour rate.

I'm glad he prevailed but it sucks he had to shut down.


However, I don't think MS sees TomTom as competition or even a source of significant revenue through licensing fees. I'll say it again at the risk of pissing at least 1 member off.

IMHO, I think TomTom was chosen because it markets a high profile, successful Embedded Linux based product.

MS will get more bang for the legal buck this way.
 
tso's Avatar
Posts: 4,783 | Thanked: 1,253 times | Joined on Aug 2007 @ norway
#32
heh, im reminded of a "old" red storm game...
 
YoDude's Avatar
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#33
Originally Posted by Glyn Moody
... It isn't a case of cross-license and everything is ok. If Tom Tom or any other company cross licenses patents then by section 7 of GPLv2 (for the Linux kernel) they lose the rights to redistribute the kernel *at all*.

Microsoft has been going around and doing these patent cross licensing deals with companies under NDA's so they never come to light for *years*.

That was the whole point of the Novell deal - Microsoft lawyers finally thought they'd found a way to *publicly* do these cross licensing deals and get around the GPLv2, but the GPLv3 put paid to that.

Tom Tom are the first company to publicly refuse to engage in this ugly little protection racket, and so they got sued. Had Tom Tom silently agreed to violate the GPL, as so many others have, then we'd only hear about a vague "patent cross licensing deal" just like the ones Microsoft announces with other companies.

Make no mistake, this is intended to force Tom Tom to violate the GPL, or change to Microsoft embedded software.
>> More on that^
 
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Posts: 1,562 | Thanked: 349 times | Joined on Jun 2008
#34
Yeah, sounds about right. Even though they say it's not an attack on Linux, it is an attack in every possible way.
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Posts: 2,152 | Thanked: 1,490 times | Joined on Jan 2006 @ Czech Republic
#35
Looks like we won't enjoy any fancy fireworks and patent lawyering
http://www.eweek.com/c/a/Windows/Mic...Battle-766706/
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qole's Avatar
Moderator | Posts: 7,109 | Thanked: 8,820 times | Joined on Oct 2007 @ Vancouver, BC, Canada
#36
Drat. No big win for Open Source. TomTom backed down.

According to Microsoft, the agreement includes patent coverage for Microsoft’s three file management systems patents provided in a manner that is fully compliant with TomTom’s obligations under the General Public License Version 2 (GPLv2). TomTom will remove from its products the functionality related to two file management system patents (the “FAT LFN patents”), which enables efficient naming, organizing, storing and accessing of file data, Microsoft said. TomTom will remove this functionality within two years, and the agreement provides for coverage directly to TomTom’s end customers under these patents during that time.

Peter Spours, Director of IP Strategy and Transactions at TomTom, said:

“This agreement puts an end to the litigation between our two companies. It is drafted in a way that ensures TomTom’s full compliance with its obligations under the GPLv2, and thus reaffirms our commitment to the open source community.”
The smug bastards at Microsoft say it best:
"We were able to work with TomTom to develop a patent agreement that addresses their needs and ours in a pragmatic way. When addressing IP infringement issues, there are two possible paths: securing patent coverage or not using the technology at issue.
The third path isn't even mentioned; proving the patent is invalid.
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Last edited by qole; 2009-03-30 at 18:52.
 
Posts: 1,513 | Thanked: 2,248 times | Joined on Mar 2006 @ US
#37
Originally Posted by fanoush View Post
Looks like we won't enjoy any fancy fireworks and patent lawyering
http://www.eweek.com/c/a/Windows/Mic...Battle-766706/
Thanks for the post. I hope the knee jerk "MS is trying to kill off all Linux" conspiracy theorists will accept that they were wrong... Linux (and maemo) advocates have more substantial things to worry about.
 
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#38
Groklaw article http://www.groklaw.net/article.php?s...90330130655372
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YoDude's Avatar
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#39
Originally Posted by SD69 View Post
Thanks for the post. I hope the knee jerk "MS is trying to kill off all Linux" conspiracy theorists will accept that they were wrong... Linux (and maemo) advocates have more substantial things to worry about.
What knee jerk conspiricy theororists are you speaking of? Where? Who?

How will you know when they accept that your opinion is the only one that is valid (or not wrong).

What do you win?

Just wondering

"Cannibals prefer those who have no spines."
-Stanislaw Lem
 
Lord Raiden's Avatar
Posts: 1,562 | Thanked: 349 times | Joined on Jun 2008
#40
Bah. Cowards. I was hoping that TomTom would fight it out to the bitter end. Pfft. Ah well. I guess we'll have to wait for someone else with the balls to stand up to Goliath and actually try to destroy their patents. Of course, if geeks in general would just stop crying about the current patent mess and would actually stand up and do something about it, all of Microsoft's power would vaporize in a puff of smoke.
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