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Microsoft says it will sue whoever it pleases

Be they open sourcers or not
Thursday, 26 February 2009, 09:43

MICROSOFT MAY or may not sue other open source operating systems, the firm's head intellectual property lawyer has said, speaking after the Vole filed suit against navigation system maker, TomTom, over the use of a Linux kernel.

TomTom has found itself driven to the International Trade Commission for its alleged Linux misdemeanors, with Volish legal bod, Horacio Gutierrez, telling Cnet five counts of the firm's patent infringement pertained to car navigation systems, whilst another three took issue with the firm's Linux Kernel usage.

Apparently, the Redmond giant hadn't given any special thought to the implications of including Linux in the legal dispute, with Gutierrez spluttering "that is not the focal point of the action."

Ballmer


Gutierrez seemed adamant the case was simply about TomTom's copyright infringement and noted the Vole was a bit of a stickler for licencing agreements, whether those agreements included Linux or not.

"Appreciation and respect for the open-source community is not inconsistent" with Microsoft's compulsion to defend its intellectual property, said Gutierrez.
He went on to say the legal bashing did not change Microsoft's feelings towards open sauce in any way.

We assume this to mean the Vole hates Open Saucery just as much now as it did before the law suit. µ

 

 

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Comments
Programmed to fail

SCO failed at their efforts and MS will fail too. It is all about FUD and extortion. Nothing more, nothing less.

posted by : Bertho, 26 February 2009 Complain about this comment
Linux is a copyright violation?

How on earth can TomTom be violating MS copyrights if they're running Linux? Enquiring minds would like to know :-)

Cheers,
Wol

posted by : Wol, 26 February 2009 Complain about this comment
Back at 'em

Great timing for Microsoft. Shares at an 11 year low, Windows 7 reaching RC stage, yes, a Linux-lawsuit is the *logical* next step. Start with someone small, a straggler from the penguin flock. Then, if successful, start attacking Google and all MS's *open source buddies*, because MS only has ONE buddy (itself).

Um, but what if Novell and Red Hat and Cannonical and IBM decide that now is the time to unleash their war chest of patents that show that Microsoft is infringing on Unix/Linux IP, and join with Google to force Microsoft to disclose source code for XP, Vista, Windows 7, and Win server in a huge lawsuit? What if the EU gets involved? What if all of the billions of dollars of development Microsoft has locked into Vista/Windows 7 is wasted because they are forced to stop distributing products that are demonstrated to infringe on Unix/Linux IP? If they are sued for billions for profits made from past infringements? Then businesses and consumers would all need to switch to Linux, OpenSolaris, or OSX. Perhaps not such a wise move on Microsoft's part after all.

Perhaps Ballmer will go down in history as "the ego that sunk the Microsoft ship".

posted by : Linus, 26 February 2009 Complain about this comment
eh?

I don't understand this article at all. can some one in the know break it down a bit?

posted by : thechevron, 26 February 2009 Complain about this comment
Cease and desist

Dear Microsoft Corporation:

Please be advised that the United States government uses Linux in a huge number of mission-critical applications, not the least of which are defense systems and research. As such, Linux is an integral part of our national security.

Any attempt to bring litigation against companies using, developing, or supporting Linux is thus a direct threat to the United States of America, and will result in the removal of your authority to operate in the USA and the seizing of your company's assets.

Have a nice day,

B.O.

posted by : The President, 26 February 2009 Complain about this comment
Eh? #2

Seconded, could someone take a moment to explain this, I don't get what it's about either.

posted by : Ben, 26 February 2009 Complain about this comment
@EH

Simple.
Microsoft claiming that TomTom product (probably some GPS device) violating it's IP.
Few of this claimed violation is in the Linux kernel that used to operate this product (device) beneath the TomTom's application.
If they win on this few Linux issues, they can sue almost everyone. Linux is very popular in embedded world (phones, clocks, media players, consoles, switches and routers, etc.) Actually you are probably using more then one Linux powered device in your life :)

posted by : nonsense, 26 February 2009 Complain about this comment
Reason

Microsoft doesn't just randomly go after patent infringers, they do so because that company is using IP and making money off of it. There are several instances where many Linux distributions violate Microsoft's LOOOOONG standing patents, but Microsoft chooses not to pursue that issue because they support the Open Source community and they know that if they were to cause any trouble with the rabid open source activists, then there would be trouble.

Microsoft loves it when people use their ideas, but like ANY other company out there, they don't like it when other companies take it's ideas and profit.

posted by : deis, 26 February 2009 Complain about this comment
hmmm

I think ms should take a big dump and forget this, maybe they will feel better in the morning.

posted by : David, 26 February 2009 Complain about this comment
Link

http://arstechnica.com/microsoft/news/2009/02/microsoft-sues-tomtom-over-fat-patents-in-linux-based-device.ars

posted by : TomInPain, 26 February 2009 Complain about this comment
F*ck Microbloat

This crap pisses me off, MS want to own everything. I'm about ready to dump XP off my 9" Eee PC and put Ubuntu on it.
Remember Open GL when XP came out. MS actually supported it then now its all about proprietary DX 10 and Crapbox 360 exclusives. Oh yeah we can't forget the Oboma boot lickers at PMSNBC (MSNBC). Then there is the Zune, and every other project they copy. Then there is the International Standards Organization (ISO) open document fiasco the did. MS is a dirty company that has got too big for it's own good just like the US government has and I don't like them.

posted by : Regulas, 26 February 2009 Complain about this comment
Apple uses linux for their OS

Why is MS not suing them???

I use to love MS, and now the idea gives me the creeps!

In fact through their bully and unfair practices they made me hate them!

I am sure that I'm not the only one like that, so go figure if that is good business practice?

posted by : Stop Me Down, 26 February 2009 Complain about this comment
Re Apple

To the last poster. Apple is not using linux osx is buildt on BSD and as such they have to use a BSD driver to read and write vfat files. GPL and BSD licence doesn't mic

posted by : BjornD, 26 February 2009 Complain about this comment
Court records show MS funded SCO

The most satisfying thing I've found is to simply refuse to help anyone with any Microsoft product.

posted by : Ugly American, 26 February 2009 Complain about this comment
Microsoft Rules!

At least they can make a OS that installs and recognizes hardware unlike the gargabe Kernel which breaks hardware compatibility upon each revision. $100 is a small amount to pay for Windows versus hours on setting up Linux, which still wouldn't play games.

posted by : cvxvxx, 27 February 2009 Complain about this comment
Zomber

Every time I see Balmer's ugly skull I remember those fat zombies from Doom 3.

posted by : Me, 27 February 2009 Complain about this comment
Wut

I think the legal department at Microsoft isn't so smart.

posted by : Smalls, 27 February 2009 Complain about this comment
You people are Laughable

For all the people who are threatening to switch to Linux, Have switched to Linux or constantly talk about how Linux is so great..

Please stop posting about it.. we don't care.. Besides you're just not that important, so who cares what OS you run..

posted by : Idiots, 27 February 2009 Complain about this comment
^Above comment

Wait... wut?

Actually, Linux is great.

I just never have the use for it all the time. I PC game way too much and XP does just fine.

posted by : Smalls, 27 February 2009 Complain about this comment
Let the show begin

Ballmer, we have been expecting you with keen interest. But you are dumb, too slow, and completly alone and without a clew.
I think it is time for the owners of Microsoft to take ower and concentrate on making better products.

posted by : Lars, 27 February 2009 Complain about this comment
World's Largest Troll

The strange thing is that any IP Microsoftie claims to own it either stole or bought with profits from what it stole!

posted by : Maddan, 27 February 2009 Complain about this comment
LOL @ Ballmer

Ballmer is crazy. He wanted to "f***ing kill Google" for whatever reason, now they're suing someone else.

I miss Bill Gates.

posted by : Shaz, 28 February 2009 Complain about this comment
FYI

Patent was ruled invalid 2004, appealed, reinstituted in 2006. Due to expire in 2013.

posted by : Mike Green, 28 February 2009 Complain about this comment
SCO?

Microsoft is finally going the way of SCO: After a number of commercial failures (IE7, Vista, Office 2007/OOXML, Hyper-V, Exchange, SharePoint), they are desperately trying to make some money. Under normal circumstances, I would say: Boycott Microsoft! But with an economy like we have now, nobody is giving Redmond any money anyway. Give it up already! You loose, Steve B.! And prepare for the next kick from the lovely Ms. Kroes. Always hitting where it really hurts!

posted by : gateskeeper, 28 February 2009 Complain about this comment
No Problem! FAT edition!

Remember GIF? Linux has a plethora of file systems, among them some that are very well suited for flash memory. Drop FAT! Let's start to make devices that work with every OS, except Windows! Windows User's can buy the FAT edition. Comes with Microsoft litigation protection. Costs extra.

posted by : engineer, 28 February 2009 Complain about this comment
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