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March 30th, 2009

TomTom, Microsoft settle: Who caved?

Posted by Larry Dignan @ 9:40 am

Categories: General, Linux, Microsoft, Open Source

Tags: Patent, TomTom, Microsoft Corp., Larry Dignan

Microsoft and TomTom said Monday that they have settled their respective patent infringement suits, which raised patent issues with everything from file system patents to the General Public License for open source software. 

Once you read the press release the next natural question is: Who caved?

Microsoft’s suit garnered attention because it was the first time the software giant filed a suit over its assertion that Linux infringes on its intellectual property.

However, the settlement doesn’t seem to answer a lot.  In many respects, the settlement release reads like one of those Securities and Exchange Commission deals. The SEC and the company in question settle, but no one admits or denies guilt. 

Also see: Microsoft: Litigate on FAT, and you’ll be the next Unisys

Consider the moving parts of the settlement:

  • TomTom will pay Microsoft for the eight car navigation and file management system patents in the case. 
  • Microsoft gets coverage for four patents in TomTom’s countersuit. 
  • Microsoft doesn’t pay TomTom. 
  • Past and future sales are covered where the patents are in question. 
  • TomTom’s patent coverage for Microsoft’s three file management system (FAT) patents allow it to remain compliant under the General Public License version 2 (GPLv2). 
  • TomTom will remove two FAT patents from its products and has two years to do it. TomTom’s customers get patent coverage in the meantime. 
  • Both sides say they are happy and that the open source community should be happy too. 

Is a bet that every app is a Web app a good one for Google?

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Larry DignanLarry Dignan is Editor in Chief of ZDNet and Editorial Director of ZDNet sister site TechRepublic. See his full profile and disclosure of his industry affiliations.

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  • Talkback
  • Most Recent of 104 Talkback(s)
M$ caved. Had they won there would be no doubts.
But still the doubt persists even though M$ has the means to end it all quickly. They don't do it because there is no doubt. All M$ wants now is to leave all this behind and let everyone forget it as fast as possible.... (Read the rest)
Posted by: InAction Man Posted on: 04/01/09 You are currently: a Guest | | Terms of Use
It almost seems like TomTom was expecting this...  Been_Done_Before | 03/30/09
In any case, it came right after the counter suit, and TomTom joining OIN.  DonnieBoy | 03/30/09
True, It obviouslly meant that  GuidingLight | 03/30/09
We have no evidence that TomTom paid anything significant.  DonnieBoy | 03/30/09
You can spin TomTom's loss any way you want  GuidingLight | 03/30/09
We all know your in love with MS, but seriously, calm down fanboi. nt  T1Oracle | 03/30/09
He is 100% correct  markbn | 03/30/09
And, until we know the amount that TomTom paid, it is all speculation on  DonnieBoy | 03/30/09
You claim TomTom paid M$ a large ammount. What is your source?  InAction Man | 03/31/09
A few more 'wins' like this one and soon M$ will be history.  InAction Man | 03/31/09
You and your wild imagination.  InAction Man | 03/31/09
Re; hear voices inside your head too?  hkommedal | 03/31/09
Nope, I'm just making them sound inside yours.  InAction Man | 03/31/09
I was actually referring to Shadys possibly  hkommedal | 03/31/09
@hkommedal: Sorry, I can't remember anything shady has written.  InAction Man | 04/01/09
How about telling us how much Tomtom paid M$?  InAction Man | 03/31/09
Neither ...  MisterMiester | 03/30/09
Still, if TomTom had to pay 25 cents for every little piece of technology,  DonnieBoy | 03/30/09
Now you know why ...  MisterMiester | 03/30/09
Good post, but, it is not just the attorneys making money here.  DonnieBoy | 03/30/09
Re; software patents will kill the industry.  hkommedal | 03/31/09
Thats called the cost of doing business.  No_Ax_to_Grind | 03/30/09
Yes, kind of sad that part of doing business is paying of patent trolls.  DonnieBoy | 03/30/09
The sad "part of doing business" is having to  GuidingLight | 03/30/09
Yes nevermind the fact....  storm14k | 03/30/09
The sad part is people stealing others IP.  No_Ax_to_Grind | 03/30/09
Translation - "I was wrong again"  whisperycat | 03/31/09
And what qualifications does Don Rupert have that allow him  InAction Man | 03/31/09
We can't know who caved if we don't know the amount of the settlment.  DonnieBoy | 03/30/09
Oh, but we know. TomTom receives $0.00 for their patents, while MS receives  markbn | 03/30/09
RE: TomTom, Microsoft settle: Who caved?  Loverock Davidson | 03/30/09
Never about the money ...  MisterMiester | 03/30/09
The other thing: What does MS have to hide here? Why does the amount of the  DonnieBoy | 03/30/09
It is common not to disclose the amount.(nt)  ShadeTree | 03/30/09
Well, it is common to disclose almost nothing, but, note that MS insisted  DonnieBoy | 03/30/09
I'm sure they wanted everyone to ....  ShadeTree | 03/30/09
But, if they wanted us to know who prevailed, we would have to know the  DonnieBoy | 03/30/09
Not at all!  ShadeTree | 03/30/09
He is just a sore loser  markbn | 03/30/09
And, again, since we do not know the amount, all of what you said is pure  DonnieBoy | 03/30/09
look at what MS patented and more importantly...  brokndodge@... | 03/30/09
@DonnieBoy: since we do not know the amount but know TomTom is not charging  markbn | 03/30/09
They are fooling no one.  InAction Man | 03/31/09
Especially when it humiliates the pretense winner  InAction Man | 03/31/09
Because its none of your business.  No_Ax_to_Grind | 03/30/09
What a fantastic answer. It says nothing.  InAction Man | 03/31/09
RE: TomTom, Microsoft settle: Who caved?  Towhaul | 03/30/09
Next will be another small company that can ill afford patent lawyers and  DonnieBoy | 03/30/09
They don't have to sign anything  No_Ax_to_Grind | 03/30/09
That is assuming that MS has any IP here. These patents will likely be  DonnieBoy | 03/30/09
I'll give you the age  wolf_z | 03/30/09
No it did not. It was protested by MS when it was first thrown out.  hkommedal | 03/31/09
rather new ms patents...  brokndodge@... | 03/30/09
Goes to show how well the software patents work.  hkommedal | 03/31/09
The only thing likely is Tom Tom KNEW they would LOSE.  No_Ax_to_Grind | 03/30/09
Just keep repeating it.  InAction Man | 03/31/09
No. They knew they could not afford a win ! (nt)  hkommedal | 03/31/09
That does not work.  hkommedal | 03/31/09
GPL violation?  Linux Geek | 03/30/09
You can word a generic patent agreement and still not admit that  DonnieBoy | 03/30/09
I wonder what other patents TomTom  GuidingLight | 03/30/09
the patent dates say...  brokndodge@... | 03/30/09
And they probably did not even know it, as they TOO got it  hkommedal | 03/31/09
Apart from the ones MS "stole" from Tom Tom.  hkommedal | 03/31/09
GPL doesn't prohibit patents  keith_braithwaite | 03/31/09
It is a no brainer!  ShadeTree | 03/30/09
Not exactly a no brainer, we need to know how much was paid. If TomTom paid  DonnieBoy | 03/30/09
Not at all.  ShadeTree | 03/30/09
TomTom caved. TomTom caved. TomTom caved  GuidingLight | 03/30/09
What part of "the amount of the settlement is unknown" to you not  DonnieBoy | 03/30/09
TomTom lost because they have to pay  markbn | 03/30/09
It is a lot less to pay than $250 000, or more if taken to court. (nt)  hkommedal | 03/31/09
You sound like a baby.  InAction Man | 03/31/09
Cut the crap. Just tell us how much.  InAction Man | 03/31/09
Actually its the one with the most to loose...  storm14k | 03/30/09
Yes, brilliant logic! They will be paid and be allowed to used patents free  markbn | 03/30/09
Exactly! Now tell me how much did M$ get?  InAction Man | 03/31/09
Re; Follow the money. That term is usually used in  hkommedal | 03/31/09
RE: TomTom, Microsoft settle: Who caved?  Jackson54 | 03/30/09
not sure what to make of it...  brokndodge@... | 03/30/09
a lil research...  brokndodge@... | 03/30/09
That list is meaningless  GuidingLight | 03/30/09
Thank you for making it clear.  storm14k | 03/30/09
second or maybe 6th problem for MS...  brokndodge@... | 03/30/09
M$ caved! Accept it, and move on.  InAction Man | 03/31/09
We don't know that. Lack of info makes that impossible  hkommedal | 03/31/09
Had M$ won we would have no doubts. They have the money to end all doubts.  InAction Man | 04/01/09
Looking at this list  A.Sinic | 03/31/09
I only hope M$ gets a lot more victories like this one.  InAction Man | 03/31/09
RE: TomTom, Microsoft settle: Who caved?  janvl | 03/30/09
Why didn't they use GPL'd file systems  markbn | 03/30/09
because Windows don't support them.  langdt@... | 03/31/09
Then they gotta pay baby ...  markbn | 03/31/09
If that is the general attitude, then the EU might be the next  hkommedal | 03/31/09
The EU may be all for interoperation  markbn | 03/31/09
Software patents is mostly a US illness.  hkommedal | 03/31/09
UDF is generally a well accepted file system.  hkommedal | 03/31/09
RE: TomTom, Microsoft settle: Who caved?  keith_braithwaite | 03/31/09
Microsoft did, and here's why:  OButterball | 03/31/09
Check that: Microsoft DIDN'T and here's why:  OButterball | 03/31/09
Not true either  markbn | 03/31/09
Of course not  markbn | 03/31/09
It's not THE press release, it's Microsoft's Press Release, TomTom quiet  stevey_d | 03/31/09
M$ caved. Had they won there would be no doubts.  InAction Man | 04/01/09

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