Microsoft sues TomTom over Linux

 

Gallery

By Stuart Turton

Posted on 27 Feb 2009 at 10:06

Microsoft has filed suit against TomTom over its implementation of the Linux kernel, stirring fears the company has begun a patent war.

Microsoft has filed eight suits against TomTom in total, five of which relate to car-navigation systems while another three deal with TomTom's Linux use. It's the latter that has open-source advocates worried.

The Redmond company has long argued that aspects of Linux violate its patents, and caused a stir back in 2007 by claiming it had counted 235 separate infringements. At the time this was seen as a tactic to convince Linux vendors into signing patent licensing deals, something it accomplished with Novell.

Until now there's been no direct action by Microsoft against companies using Linux. The lawsuit has some Linux vendors braced for a fight, but the company claims the suit is specific to the individual circumstances surrounding TomTom and not a shot across the bows of the wider community.

"When a reasonable business agreement cannot be reached, we have no choice but to pursue legal action to protect our innovations and our partners who license them," says Horacio Gutierrez, deputy general counsel of Intellectual Property and Licensing at Microsoft.

Indeed, Microsoft claims it is taking the legal steps only because the two failed to reach a patent-licensing agreement after more than a year of talks.

Jim Zemlin, executive director of the Linux Foundation says the community can't read too much into the lawsuit: "Calm Down. Right now the Microsoft claim against TomTom is a private dispute between those two entities concerning GPS mapping software. 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.

"For now, we are closely watching the situation and will remain ready to mount a Linux defence, should the need arise."

For its part, TomTom says it will "vigorously defend itself" against the suit.