Last week, Microsoft sued TomTom, saying it infringed on eight patents covering technologies closely linked to Linux. However, The 451 Group analyst Jay Lyman said Microsoft has been going out of its way to claim the litigation isn’t aimed at the Linux operating system or open-source software.
The key point in Microsoft’s legal actions “involves the Linux kernel as implemented by TomTom,” Lyman said. This is “very different from the Linux kernel when we’re talking software code and patent-infringement suits.”
It’s not unusual for companies to develop products based on a mix of proprietary and open-source code, Lyman observed. “Like every other company, they must take responsibility for ensuring that their systems do not infringe others’ patents,” he said.
A Limited Target
Linux Foundation Executive Director Jim Zemlin advised the open-source community to stay calm about what amounts to a private dispute between two companies.
“We do not feel assumptions should be made about the scope or facts of this case and its inclusion, if any, of Linux-related technology,” Zemlin said. “Horacio Gutierrez, Microsoft’s corporate vice president and deputy general counsel of intellectual property and licensing, has specifically stated that it isn’t … in any way directed at Linux.”
Still, the software giant has long made sweeping claims that Linux violates its intellectual-property rights, which explains why it’s a nagging worry for the open-source community — for good reason. Under Microsoft’s alliance with Novell, for example, the software giant has promised not to litigate against customers who purchase SUSE Linux Enterprise Server or other covered products, which strongly implies that Microsoft reserves the right to sue others who use Linux.
Opening Pandora’s Box
It was not lost on the open-source blogosphere that Microsoft decided to take legal action against a European company at the very time that European competition authorities are poised to whack Microsoft…