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Re: TomTom to contest Microsoft patent lawsuit ..


From: amicus_curious
Subject: Re: TomTom to contest Microsoft patent lawsuit ..
Date: Sun, 15 Mar 2009 18:31:28 -0400


"Doug Mentohl" <address@hidden> wrote in message news:address@hidden
amicus_curious wrote:

Yes. I said "if Tom-Tom were found to be infringing...". Could they avoid paying by getting all their customers to download new, non-infringing firmware? NO is the answer.

No one can be sued for distributing 'non-infringing firmware', your statement is legalistic nonsense ..

I think you have the bull by the wrong horn here. The issue is not whether the suit would continue if the software were noninfringing, but rather that it is not reasonably possible to create the non-infringing firmware.

You brought up the 'non-infringing firmware' issue and you are right it is yet more distraction waffle from you.

The patent is on what the firmware does, not on how it is written ..

The firmware is written in GPL code, as such MS has no property rights on it.

> And there is the ancillary issue of how TomTom could ensure that all
their customers had done so.

There you go again fuddie, introducing a distortion again. Tom Tom are not required to police downstream recipients of the Tom Tom GPL code.

Secondly have to suppliers of the third party code, got patent rights to their own code and what are their names.

Well, you can muse all you want, but Microsoft's lawyers, who are more knowledgeable about the case, have sued TomTom and they are confident of winning their suit. Perhaps when it is all over, the answers to your questions will be revealed. I don't think that the GPL has much to do with any of it. Rather it is TomTom's violation of Microsoft patents with their auto navigation products that is the issue and upon that issue the case will turn.


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