Microsoft Between a Rock and a Hard Place
Uploaded on Flickr by TylerIngram
Yesterday Microsoft took the usual action of filing a suit against the popular GPS provider TomTom. The case revolves around patents involving file management as well as in-car navigation features. The trick is that TomTom runs Linux as does most of the navigational vendors.
Linux is where the twist is in this case and where Microsoft is in tricky waters. If Microsoft does not get TomTom to license their patents, they run the risk of creating a precedence. Patent law has some unusual twists that a holder needs to take care with. Because patents are an offensive right, you have to have reasonableness in applying those rights. This means that they need to push TomTom into a licensing agreement that adds to the validity of those rights (and reinforce the other license agreements).
If TomTom chooses to dig their heels in then Microsoft runs the real risk of having to defend it’s patents against Linux. Now this is going to be a nightmare for Microsoft. Aside from the fact that they run straight into the ravenous band of Linux zealots right on the heals of the Windows 7 release, they also run straight into the European Union bureaucrats who are still smarting from the way they have been given the run around from previous skirmishes with the Redmond giant.
But more importantly this will open up a huge prior art can-of-worms that Microsoft does not necessarily want to open. Windows as an operating system was late to the operating system party. What I mean by that is Windows itself is based on a lot of code and technique that predated the inception of DOS and Windows NT (read Pascal Zacherys book). The vast majority of operating system and file management intellectual property does not reside with Microsoft, it resides with IBM and the former AT&T labs and is encapsulated in IBM MVS and AT&T’s Unix code. Toss in CPM and Digital Research for good measure and you have a godo
Microsoft’s strength of their core operating systems portfolio is in it’s ability to coerce competitors rather than the merits of the portfolio itself. By preemptively striking, you run the risk of exposing weaknesses. Which is why Microsoft will settle with TomTom and move on.
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thats good to know Microsoft choose to settle with Tomtom and move on to avoid being in between a rock and hard place.
Greatr article, very informative.
Thanks!
Microsoft is already in bed with other manufacturers like Pioneer for lots of their recent models, probably just sore tom tom isn’t lining up.
The truth is that software patents stifle innovation and progress in the computing world. Rather than working towards improving all programs, we are working to make sure that nothing works with each other. This is just going to cause problems.
Microsoft seems to become more and more a patent troll looking to try to cause problems with anyone it sees as a competitor rather than letting that pressure compel them to improve their product.
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Never knew in depth about Microsoft’s own problems with patents LOL, I don’t like whenever MS and Linux faces off each other, and the patent war seems never ending. In couple of years, Microsoft however has softened their stances because many people have started to use Linux as well.
So they should be focusing on building relationships now and they’re doing that up recently with some other companies.
For microsoft’s sake, windows 7 had better be a crowning achievement . This would help them gain steam and improve in research and development. getting into patent squabbles with GPS manufacturers does not help their public image.
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How is Tom Tom Related to Microsoft?
It isnt it is suing them, but they have now settled.
Oh ok, I get it now. lol
Tom Tom rocks! But I have to say, the GPS device on my droid X is a lot better in the end. It’s also smaller…