Analyzing Microsoft's Linux Lawsuit 297
jammag writes "Open source advocate Bruce Perens takes a close look at Microsoft's lawsuit against TomTom (discussed here last week), which involves an implementation of the Linux kernel, and calls it essentially a paper tiger. He notes: 'the technologies claimed in the 8 patents involved are so old and obvious that it's fair to say they have a high "Duh!" factor. There's an anti-trust angle to this suit that could blow up in Microsoft's face. And there's a high probability that some or all of the patents involved are invalid, due to recent court decisions.' Although the legal expense for TomTom to defend itself in court could be astronomical — meaning they may be forced to settle — in Perens' view Microsoft is aware its case is weak, yet hopes for a PR victory at limited cost." And reader nerdyH adds speculation from Open Innovation Network CEO Keith Bergelt that Redmond's action could be retaliation for TomTom's spurning a Microsoft acquisition bid in 2006.
question (Score:5, Funny)
Re:question (Score:5, Insightful)
Why are there so many analyses of technology in law magazines done by lawyers?
Because our demographic demands it. There's only a few NYCLs in the community.
Either we get law analysis by techies, or we don't get anything.
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Well, we get plenty of analysis by NYCL or the EFF lawyers. The slashdot editors just have a tendency to post anything a prominent programmer says. Look at Linus Torvalds.
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the only thing about that is linus usually gives you a couple of really awesome quotes. you would be better if you had said RMS.
Re:question (Score:4, Informative)
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That's an easy question to answer. But before I'll answer, you've got to show me the money.
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I doubt it's a troll. It might even be a larger commentary on the value we often place on legal analyses made by techies, and arrogant assumptions often made by techies in re legal issues. Surely, if I am a computer scientist or an engineer, I have the capability of understanding legal theory. After all, most lawyers began as drunken poli-sci majors. I understand fractals, therefore I also understand the Kantian theory of retribution. I can write proper technical documentation; therefore I understand the di
Re:question (Score:4, Interesting)
Except some of us lawyers didn't begin as drunken poli-sci majors, we began as Comp Sci majors. And some of us might still think sladotters are arrogant in their assumptions re: legal issues.
Seriously, you don't just start commenting out parts of code when something doesn't work, do you? No, you try to understand it first and then try and debug it. From the comments I've seen over the last several years, slashdotters have done little to understand legal matters and instead spout vitriol from their soapboxes, coming across no better or of more reliable opinion on something outside their field than Richard M. Zealot.
While I don't think engineers would have any difficulty parsing the law - I didn't have any trouble with the materials in law school other than the outdated Rule Against Perpetuities - far fewer slashdotters have put in the time that is required to understand legal theory than those that comment (and often get modded +1 insightful).
Re:question (Score:5, Insightful)
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Not a legal case, no. Particularly not an analysis posted on Slashdot, because they'll only accept stories that fit the "open source good, microsoft evil" bias.
BUT THAT'S BECAUSE open source is really good and microsoft is really evil!!!!11!
Re:question (Score:5, Insightful)
I'm not saying that all of Slashdot's anti-Microsoft articles are justified, but, really, considering how outright douchey this move is, can you really say the slant is unjustified?
Re:question (Score:5, Interesting)
Other epiphanies in history (Score:4, Insightful)
I (...) am no longer convinced that microsoft is a gentle giant
"I am no longer convinced that the 'Mission Accomplished' banner was a good idea." -- George W. Bush
"I am no longer convinced that the Titanic is unsinkable." -- Thomas Andrews
"I am no longer convinced that striking explosives with an iron bar is a wise practice." - Phineas P. Gage.
Re:question (Score:4, Interesting)
Whether M$ is wrong or right, it makes sense for them to start with a weak defendant and nonimportant patents. If they win because they are big and Tom Tom gives up, they establish a precedent that being a monopolist does not prohibit their asserting patents to crush a smaller competitor, and they start to build a bedrock of patents that are fire-tested and fire-proof. By taking gradual steps M$ may do successfully what it could not by locking horns with Big Blue.
Re:question (Score:5, Insightful)
There are PLENTY of pro-Microsoft people here. I was pro-Microsoft... was. But still, I know where they are coming from. Microsoft has been involved in some pretty ugly dealings. The whole OOXML thing should leave no doubt in anyone's mind the problems with Microsoft's behavior. But here's the problem that allows people to continue not despising Microsoft:
People think that Microsoft is a "corporate machine" and that it's faceless actions, while despicable, are the blameless actions of a machine and not directed or influenced by the people in the position to make the choices and directions responsible for for said despicable actions. People also think that "corporations are required to act in the interests of the shareholders" even though time and time again, corporate leaders do whatever they want even when it is in the face of shareholders crying out for a change in direction. This is a myth and has always been a myth.
No. The whole reality is that companies are run by people. If the company is known for despicable acts, then it is the people who run the company that are responsible for those despicable acts. The corporation is a shield legally, but not a shield morally. We know what they do and we know many of those responsible.
And by calling something a "bias" does not mean there is something inherently twisted or wrong with it or that by holding a particular position on an issue that they are not balanced in their perspective. Let's say I am biased against putting live human babies into wood chippers. Does my bias make my perception that this is "wrong" somehow disqualify me from making a sound judgement on the subject? I'm willing to bet that just about every last reader here who has read my position that putting live human babies into wood chippers is a bad idea will agree with me too. So are we ALL "biased" on the issue?
But here's the deal. We know that killing babies is bad. We are alive and everyone loves babies...especially live ones. So without much deliberation in our minds, we can conclude quickly that it's wrong to kill babies. Now what about open source versus closed source? Well let's look at the facts that we can all understand:
1. Open Source means we can look at the source and a few of us will know what we are looking at, but someone other than the author(s) will be able to look at it (and compile it) to determine whether or not it is doing what it is supposed to be doing and not hiding any secrets.
2. Closed sources means we cannot look at the source code of the software people are using. While it is rare that a company will sneak in secret and/or undesirable behaviors into binary-only distributed software, we know for a fact that it can and does happen. That it has been done by many of the most prominent names in the software business in fact is well known. This is more than enough proof to me and to most people with a clear thought in their head that closed source software offers a risk that open source seeks to eliminate -- the risk of secret and/or undesirable behaviors programmed into software.
The risk I describe is virtually the same risk posed by many commercial food products. Many people are catching on to the notion of being aware of what goes into our food and fortunately, many laws are on the books designed to increase the availability of this information to the public in hopes of protecting the public. (And isn't it interesting that the dairy industry has been trying to get the definition of "organic" changed so that their industrial milk can also use the term on their labels even though they don't match the classical definition of the term as we generally accept it to mean? It is clear the interests of "big dairy" are more important to big dairy than the interests of big dairy's customers.)
The interests of closed source software suppliers are more important to themselves than the interests of the users who use their software. (let's call it a "bias" shall we?) It has been demonstrated on numerous occasions
Some of us are zombies, but (Score:4, Funny)
Yeah, they're soooo much juicier, don't you know!
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There are PLENTY of pro-Microsoft people here.
As can be attested to by the fact that a reasoned, polite comment that has anything negative to say about Microsoft will be modded "flamebait" or "troll".
While it is rare that a company will sneak in secret and/or undesirable behaviors into binary-only distributed software, we know for a fact that it can and does happen
XCP is an excellent example - Sony put that filthy rootkit on MUSIC CDs!
That was an excellent comment, please keep it up.
Re:question (Score:5, Interesting)
I know this is a bit vague, but as we already have initiatives for collecting of patents could there be a pool of cash collected from donors (as in small amounts of monthly donations from any interested individuals). Any company could then fight patent trolls by then putting in a nominal amount into the fund and getting support from the fund to protect its self against bodies trying to sue it. The threat of having to settle despite a week claim would then disappear, and Linux would be helped.
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I think this is a brilliant idea. I wish something like this existed to defend against patent trolls.
Re:question (Score:5, Informative)
OSDL has implemented a legal defense fund for this purpose.
http://www.osdlab.org/en/Linux_Legal_Defense_Fund [osdlab.org]
I'm not sure how it works but I believe you can make donations to them (tax deductible?) specifically for the purpose of defending OSS developers against lawsuit from litigious douche bag companies such as M$, SCO, and various other patent trolls.
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since we are into money aspects, let's deal with it completely: publicize the fact that when you give MS or any other corp. that engages in patent trolling, you are indirectly hurting the companies that MS brings down with patent abuse.
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That sounds strangely like racketeering, and could be presented as such by a legal team. Having good intentions does not absolve you of such flexible laws.
Besides that, there is the Open Innovation Network, which is basically a bubble inside of which patents are harmless. Any companies joining agree not to assert patent claims against other companies in the network. There are many high-profile members, of which Microsoft is of course not one.
Re:question (Score:5, Informative)
Because the legal analysis will go along the lines of "While asshattery on MS's behalf, they will likely win or force Tomtom to settle". This isn't something the Slashdot demographic wants to hear.
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This is desperation by a fat, overgrown bunch of boors to squish a smaller company thru litigation. This, my friends, is the act of a company that's very desperate. They can't rest on their "laurels" (read: guaranteed marketshare through bullying) any more, so they pull this out of their aforementioned hat.
Ballmer: if you're reading this, please advise your stockholders and the SEC that the backlash from this will hurt you and your credibility for years to come. My suggestion is to get a room on Paul's yach
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Are we about to hear yet another lecture on how being a so-called "convicted" monopoly means that MS can't take a shit without clearing it with DOJ and the EU?
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Are we about to hear yet another lecture on how being a so-called "convicted" monopoly means that MS can't take a shit without clearing it with DOJ and the EU?
You can express it crudely if you like, that about sums it up. Just remember one thing in business: obey the law, or go to jail.
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This isn't something the Slashdot demographic wants to hear.
Why would you think that?
While I'm not sure exactly what "the slashdot demographic" might be, the fact of the matter is that the majority of slashdot readers are microsoft windows users.
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Refer to my signature. For those who have them turned off, it says "IANAL, however I HAVE completed every Phoenix Wright game..."
Re:question (Score:5, Informative)
Re:question (Score:5, Interesting)
There's also the fact that most lawyers know that giving any kind of legal opinion based on someone's article (or worse yet, a summary) is a mug's game. I'm in law school, and I've noticed that some of the hardest concepts for us new students to internalize is that
1) matters like this are almost always more complicated than they appear to be from the outside,
2) there are likely unseen (by us) details that may be crucial in determining the case,
3) ultimately, the law is what a judge and jury says it is (within certain limits that vary depending on circumstances), and
4) there are many, many situations where there isn't really a right answer.
Lawyers learn painfully that in a situation like this, looking in from the outside, one has to make so many assumptions about facts, law, etc, that an opinion rendered here is practically meaningless. With that being the case, why bother stating anything here more complicated than a basic background of the law? Especially when your opinion is going to be accorded a great deal of weight by the others here, which leads to the kind of problems you suggested to the GP.
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Why do we get so many legal analyses on slashdot from non-lawyers?
I can't answer that. It is a question about a legal matter.
Targeting Linux? (Score:5, Insightful)
Would there be any difference in how Microsoft handled this case if TomTom had used FreeBSD instead of Linux?
transporter_ii
Re:Targeting Linux? (Score:5, Informative)
Re:Targeting Linux? (Score:5, Informative)
Interesting. Doesn't that assume that TomTom made the code in question public, which they wouldn't have to do with a BSD license?
I checked and FreeBSD, as well as a long list of other operating systems will mount a FAT32 partition. With FreeBSD it is just mount with "-t msdos,' which will let it mount FAT floppies, FAT16, and FAT32 partitions.
Of course, I'm sure you know this. What I'm just trying to figure out is if they are going after TomTom because they use Linux, or if they would be going after TomTom regardless.
Thanks,
transporter_ii
Re:Targeting Linux? (Score:5, Informative)
No. You don't need to look at any code to determine that it's mounting an SD card with a VFAT filesystem. Just look at the card. That's all MS needs to assert the patent. But in any case, it's easy to look at the code in most embedded systems, and certainly on TomTom. All of their proprietary code is on the SD card too.
I'm no leagal wizz but... (Score:2, Interesting)
Re:I'm no leagal wizz but... (Score:5, Insightful)
I'll save us all some time: (Score:2, Funny)
Linux is jesus.
Richard Stallman, Linus Torvalds are my personal heros.
Microsoft is evil.
Microsoft likes to take control of the industry.
This is the year of the linux desktop.
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lets not forget gratuitous amounts of links to random comics, like this [userfriendly.org]
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User Friendly isn't a random comic, it is a shitty comic.
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9.5/10
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You forgot to say nice things about Apple and Google as well
The enemy of my enemy . . . (Score:5, Interesting)
Tom Tom, from what I've read, has been a bad open-source citizen. Nevertheless, all Linux users have a shared interest in defending Linux against FUD. It would be so cool if the Linux community swarmed this problem. "The enemy of my enemy is my friend" seems to apply here. If MS is squashed here, there much less likely to go after even smaller businesses and people.
Re:The enemy of my enemy . . . (Score:5, Interesting)
I think you are probably right, but for different reasons. If the Linux and F/OSS community swarmed this problem with viral PR for TomTom (thus against MS and proprietary IP litigation happy megolithics) it would possibly change how small companies are seen. Care would need to be taken that the PR is aimed at promoting goodness of Linux and F/OSS in general. You couldn't really do an "Hi, I'm a Mac" ads, but that would be the idea. Viral because there is no big financial war chest to draw from. What the Internet did for political candidates, it perhaps could do for F/OSS and GNU/Linux in particular.
"Intel Inside" would pale next to a well done "Linux Inside" advert.
So, coming to the aid of TomTom via the promotion of F/OSS and statements against the financial and business crippling effects of litigation, how it drives up prices for consumer goods, limits research/development etc. and so on would go far to help TomTom. Launching the goodness campaign in response to the TomTom lawsuit would be a good start, but it would need to continue for some time. The goal being that F/OSS is seen as a better choice than proprietary software; that open hardware and standards improve things, not cheapen them. On and on, We'd have to show who the enemies are, publicly and without prejudice. There are many organizations already working at this, it just needs to go viral.
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orly?
http://www.youtube.com/watch?v=vHwNEyRipkE
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I believe it would be "telling of intentions" if the public was informed as to "Why is Tom Tom selected first". I see two things happening here. One, Tom Tom open sourcing their open source foundation application. The other is if Microsoft doesn't act fast enough in this Diamond Age society, they will be cast aside by the up and coming technology users who will most assuredly favor more Open Source over the "Pay Per View" that Microsoft is shouting at the rain.
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Sounds like a deal?
DOJ Needed (Score:5, Insightful)
This type of law suit in which the righteous party is forced to settle because of legal costs is exactly why Microsoft needs criminal sanctions. It is also exactly why stiff punitive fines should be levied against Microsoft. Hundreds of billions would be appropriate.
Well, if Bruce Perens, legal expert said that... (Score:2)
... Linux has nothing to worry about, that's good enough for me. After all, he's undoubtedly got many cases of intellectual property litigation under his belt that would lead us to believe that he knows what he's talking about.
Right?
Re:Well, if Bruce Perens, legal expert said that.. (Score:4, Informative)
I know this wasn't what you were getting at, but he didn't say Linux has nothing to worry about (did you read the article?). Even if there isn't much substance behind the patent claims themselves, the article points out there is still plenty to worry about with these kinds of cases.
Re:Well, if Bruce Perens, legal expert said that.. (Score:2, Informative)
Actually, even as a non-attorney, Bruce Perens does have quite a bit of legal background. You can read all about it in Bruce Perens' online resume [perens.com]
Doesn't take a rocket scientist,great hackers fine (Score:2)
Then again, lawmakers should never have allowed such ambiguity to persist for litigants in costly court cases to figure out the validity of countless doubtful patents where none should have been granted in the first place.
Re:Well, if Bruce Perens, legal expert said that.. (Score:5, Informative)
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Yes. I've been trying to get other people to think about this for 10 years or more.
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I think his point was that Microsoft approaches open source in bad faith. And it's true. Mono exists because of the Novell/Microsoft pact, which was an early step in a long-term strategy to use patents to destroy the GPL ecosystem.
Microsoft paid Novell to add legitimacy to its patent threats. Novell funds mono development. It's perfectly reasonable for GP to conclude that Mono is poisonous.
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implemented? (Score:2)
what would you call it if they had actually written a linux kernel?
FAT translation (Score:3, Informative)
I read the article, Microsoft contest their FAT patent. But why would anyone need a translation table from 8.3 FAT names to the longer versions, that was only for dumb Microsoft systems that needed this translation for backwards compatibility. There is no need for such backward compatibility these days surely, long filenames are used these days???
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Maybe MS could be nailed for discriminatory patent licensing if we find that, say, TomTom is the only unlicensed infringer being targeted?
I dunno...
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Maybe MS could be nailed for discriminatory patent licensing if we find that, say, TomTom is the only unlicensed infringer being targeted?
There is such a thing as "patent abuse", but that would apply to the opposite situation: If MS licensed FAT32 to everyone in the world except that they refused to license it to TomTom, that could be "patent abuse". If it is true that MS has _demanded_ that TomTom should get a license for this patent, then "patent abuse" wouldn't apply here.
Re:FAT translation (Score:4, Informative)
I think these translation tables *are* how long filenames are implemented within FAT file systems.
Unanswered (Score:3, Insightful)
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He is and he's absolutely right - that would be completely fair. However he's forgotten that its a legal system we have in place not a justice system. The system just simply isn't built for complete fairness, and that is a problem in itself.
The answer is obvious. (Score:5, Funny)
...and calls it essentially a paper tiger
It's really simple to fight then. They need a scissor lizard!
Re:The answer is obvious. (Score:5, Funny)
...and calls it essentially a paper tiger
It's really simple to fight then. They need a scissor lizard!
I counter-counter with rock lobster, but their scissor lizard is tapped, so they take direct damage.
EFF as a friend of the court? (Score:5, Interesting)
This case of david versus goliath sounds worthy of the EFF's attention...or soemthing.
Tomtom needs help, not because he's right, but because he's an ally.
MS is up to no good here, as usual.
1) If MS wins, FAT implementations will get smacked down quickly due to the effect of a cascading precedent. This includes linux mounting a floppy disk OR a flash drive OR a camera OR... need I go on?
2) If MS forces a favorable settlement, the chill factor will freeze out competitors
3) If MS settles out, we get nothing
4) If MS loses the case, we have victory.
Anyone who can call MS out as bullshit and back it up, get in touch with TomTom AND his lawyers post haste.
I'm sure TomTom has more cash (Score:3, Insightful)
than the EFF.
Fight Fire With Napalm : Perjury, a federal crime (Score:5, Interesting)
1) request to deposition all the individual inventors named in the patents;
2) inform the inventors that they should have independent legal representation, since submitting false claims to the USPTO is perjury, a federal crime in the USA;
3) at the deposition really closely grill each inventor over each patent's prior art and obviousness;
4) then ask the inventors what advice Microsoft's patent department and lawyers gave to the inventors regarding each patent's prior art and obviousness ( Lawyer client confidentiality is not necessarily a two way street );
5) start building a case for the disbarment of any of Microsoft's lawyers who gave any advice or prodding to the inventors to ignore existing prior art and obviousness;
6) re-write many Microsoft's patent claims in technical English ( removing legal patent jargon ) and publish the result;
7) put out a call to the technical community for written and signed statements regarding the obvious nature of the patent claims;
8) fully publicise the outcomes of steps 1-7.
Re: (Score:3, Interesting)
1. Microsoft, as a corporate entity would only need to supply a witness with sufficient relevant knowledge and/or duties relating to the patents. I.e. if the inventors are no longer inventing, they could bring in an intern who's maintaining the file system (or other tech grunt/manager), even if the inventor is currently a VP of file systems or some such title.
2. Scare tactic, unless you're bringing charges (co
Re:Fight Fire With Napalm : Perjury, a federal cri (Score:5, Interesting)
According to the assistant director of the patent office, they haven't prosecuted a perjury case since 1974. They shut down their enforcement department. So, if you lie, all you can lose is your patent. And someone else might have to spend millions, and kill his own company, to make that happen.
It seems that every part of the system is engineered to reward the person with bad intentions.
sell a TomTom GPS to fund the litigation (Score:3, Interesting)
I think there are many of us out there who would toss a couple of hundred to TomTom for a device specifically designed and stated where the profits would go to fund the fight to put Microsoft in its place.
If they settle then this is exactly how I and many others said would be the way Microsoft attacks GNU/Linux with their fake patent threats.
LoB
hmmm, (Score:2, Interesting)
Help from others who use linux (Score:3, Interesting)
Per TFS, TomTom may be forced to settle. Given that if they do, it means MS can go after others using linux (Motorola, Nokia and others). Wouldn't it make sense for companies who rely on linux for their business to somehow help out TomTom to prevent MS getting a precedent they can use in the future?
IANAL so I dont know how these things usually work.
Plenty of potential benefit (Score:3, Insightful)
Precedent doesn't matter much in this instance. What matters is a challenge with the patent office (this costs an average of 5 million), the chances of the patents being upheld seem pretty small post bilski, at least the FAT ones (the others I don't know enough). But the law prevents judges from tossing a patent out, even when its blatently illegal, so instead of a moderately expensive publicly subsidized court battle (and appeals), patent cases end up being massively expensive for profit exercises mostly
The title should be (Score:2)
"Analyzing Microsoft's FAT Lawsuit"
Sorry Linux, Microsoft just isn't that into you.
Only non-Windows GPS System (Score:3, Insightful)
TomTom is the only major non-Windows GPS. All the other big names are WinCE based.
Message to all vendors of small systems, use WinCE or face the consequences.
Re:Only non-Windows GPS System (Score:5, Informative)
Factually incorrect. Garmin also uses Linux; others probably do as well.
---linuxrocks123
Re: (Score:3, Interesting)
Its interesting that Microsoft won't go after TomTom's biggest competitor, which also makes Linux devices. Garmin also has Windows based devices (I have one) though.
It's not about the patents (Score:4, Interesting)
I've said it before: this case is probably not about the patents at all. MS have been mapping the Earth in great detail during the past years, and now they want to take over the navigation business. What better way than to first eliminate their competition, either by buying it or, if that doesn't work, by suing it into oblivion?
This may interest some of you (Score:5, Insightful)
Looking at Microsoft's FAT patents through Bilski glasses
http://endsoftpatents.org/looking-at-microsoft-s-fat-patents-through-bilski-glasses/
Yesterday, Microsoft attacked free software and GNU/Linux users with
software patent claims against the TomTom Navigator and its
implementation of the FAT file system. But do they have a sword or a wet
rag?
With widespread support for GNU/Linux becoming a reality, are these
patent claims an attempt to chill adoption? If so, then we need to make
sure everyone knows about Bilski. Please read this story and use digg to
help raise awareness:
http://digg.com/linux_unix/Looking_at_Microsoft_s_FAT_patents_through_Bilski_glasses_2
Sign-up or ask friends to join our End Software Patents mailing list to
get these alerts:
http://campaigns.fsf.org/cgi-bin/mailman/listinfo/esp-action-alert
Thanks
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Re:Yes, but... (Score:5, Insightful)
It's hard to argue with this, even for MS apologists. When everybody is almost forced to use a system that you invented just because you invented it first, they shouldn't be able to use the legal system to strongarm you with it.
Re:Yes, but... (Score:5, Insightful)
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Patents, however, basically say that you are not allowed to do what you want with your own hands, simply because someone else came up with the idea first. Even if you both invented the same thing on opposite sides of the country, but one of you filed first, you can be screwed.
Re:Yes, but... (Score:4, Interesting)
We can argue all day long that anything FAT32 shouldn't be patented from a moral standpoint, but at the end of the day there are numerous patents related to FAT32 that are still on the books, unexpired.
TomTom chose FAT32 for economic reasons.. they should have to pay the costs of that choice.
Re:Yes, but... (Score:5, Insightful)
The TomTom I have carries a plain vanilla SD card. Any bets that it came from SanDisk (or wherever) already formatted with FAT32? I think SanDisk was one of the companies strong armed by Microsoft a while ago into buying a FAT32 license. Therefore, shouldn't the license to use said card transfer downstream? Or is it that nobody can write to a FAT32 partition without a further license? Microsoft will have its hands full if it's the latter - when The Planet attacks Microsoft in court like the RIAA.
Re:Yes, but... (Score:5, Insightful)
The Google G1 phone uses a 2gb SanDisk micro SD card. Lets see Microsoft pick on someone its own size.
Here's a list of Companies whose products write FAT32:
They could band together now and de-fang this nonsense.
Re:Yes, but... (Score:4, Funny)
Re:Yes, but... (Score:5, Funny)
all i heard was blah blah blah.
I'd consider getting new text to speech software then.
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Yeah what kind of crazy system rewards the people who invented something and gives them some control over their invention?
Hah!... however, Microsoft allowed and encouraged adoption of FAT32 for a very long time, without consequence to anyone who did so. Because of their behavior, some smart lawyer could probably make a case that FAT32 is now public domain.
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So? If he was a lawyer, would that change his opinions? Or if it didn't change his opinions, would it make the same points more correct somehow?
You might've noticed that there are wide differences in opinion between lawyers anyway (that's probably why there are so many court cases). Are Bruce's opinions going to fall outside that range? If he is saying something that some percentage of lawyers would agree with, does it still matter that he isn't one?
Being that 50% of legal teams end up losing their argument
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Msft's patents are bogus, msft just patents obvious ideas, or other people's ideas, in order harass any real competition. If msft can not win through better products, then msft will win through barratry and extrotion. This is no different than the scox scam.