Re: TomTom to contest Microsoft patent lawsuit ..

[amicus_curious]

"Doug Mentohl" <doug_mentohl@linuxmail.org> wrote in message 
news:goh4rf$c8d$1@news.datemas.de...
> amicus_curious wrote:
>
> > > What effect on the case would it be if Tom-Tom eliminated all 
> > > proprietary software and used a purely GPL solution?
>
> > All of the previously shipped Tom-Tom units would have to be recalled or 
> > else Tom-Tom would have to pay for a license for them.
>
> Wouldn't it be simpler for the endusers to go to the Update Site ..
How could Tom-Tom prove that they did?  The hammer would be on Tom-Tom as an 
infringer and they would have to show how such a scheme would work in an 
acceptable time frame.  There are, I would guess, tens of millions of units 
that have been sold and shipped in the past years.  Tom-Tom would have to 
show that they were made non-infringing.  If Tom-Tom loses, there would be 
the issue of whether such an update was even possible.  Remember, the FAT 
files are just a sideshow to the navigation software issue.

> > > What third party software is at issue here?
>
> > I don't know that there is any.
>
> Microsoft's claim explicitly references proprietary software:
>
> "This is an action for patent infringement arising under the patent laws 
> of the United States", PDF #1
>
> and
>
> "On information and belief, certain portable navigation computing devices 
> and associated computer software that infringe the Microsoft PAtents are 
> manufactured for TomTom N.V. by third parties located in Asia. On 
> information and belief, these infringing products are imported for sale 
> (in various outlets and websites) in the United States by TomTom, Inc"
>
> "Complainant may move to add one or more such producers or customers to 
> this investigation should they, or the scope of their involvement with 
> infringing activities, become identified later through discovery or 
> otherwise", PDF #2
That is the software created by Tom-Tom, I would think.

> > > Why isn't MS going after these third parties?
They are.  There is no "third party" as such, it is Tom-Tom's use of their 
own infringing software that is at bar.

> > You need to be more explicit.
>
> MS claims certain proprietary software violates its patents, see above. 
> You did read the complaint, didn't you fuddie?
Yes.  Tom-Tom's software is what is in violation.  They can sue the US 
entity for that.  Why bother with the overseas parent?  If Tom-Tom loses and 
does not pay for a license, they are out of business in the USA and anyone 
bringing a Tom-Tom through customs could have it seized.  Obviously they are 
going to license the patents long before they would go to that extreme.

> > > What effect on MSs entire patent portfolio would it be if MS lost this 
> > > case?
>
> > It could encourage other companies to dispute patents held by Microsoft, 
> > but that is always the case.
>
> But what effect would it have on the monetary value of the MS patent 
> portfolio.
I am sure it would be less than it might be now, but I do not know of any 
current estimate of what it is worth today.  It only shows up when some 
revenue is received for a license and then taxes are paid.  What it might be 
worth otherwise is moot.

> > Have they ever helped anyone in the past?
>
> "Patents owned by Open Invention NetworkSM are available royalty-free to 
> any company, institution or individual that agrees not to assert its 
> patents against the Linux System"
>
> http://www.openinventionnetwork.com/about.php
>
> "The Linux Foundation is working closely with our partner the Open 
> Invention Network and our members, and is well prepared for any claims 
> against Linux,"
>
> http://tech.yahoo.com/news/infoworld/20090227/tc_infoworld/127066
> http://tinyurl.com/d2jxu2
> http://uk.support.tomtom.com/cgi-bin/tomtom_uk.cfg/php/enduser/std_adp.php?p_faqid=3171&Lid=1
> http://www.techflash.com/microsoft/Microsoft_sues_TomTom_over_patents_in_case_with_Linux_subplot_40305732.html
> tomtomComplaint.pdf, tomtomitc.pdf ...

I don't see where anything is mentioned as to how the Open Invention Network 
has actually done anything to help in any previous case.  So far they look 
like paper tigers.