Is Microsoft's TomTom suit a new attempt to boost Windows Mobile?
Published: 2 March, 2009
READ MORE: Microsoft | Windows Mobile
Microsoft's decision to file a patent infringement lawsuit against satellite navigation devices maker TomTom goes a lot further than the usual round of IPR litigation, revolving as it does around two key growth technologies for the mobile market, GPS and Linux.
The suit concerns eight patents, five related to Microsoft software and three to TomTom's implementation of the Linux kernel. The apparent weakness of the case in the latter area has prompted speculation that the real agenda is for Microsoft to acquire TomTom and get a foothold in a hot market, where Nokia has already shelled out $8bn on NavTeq.
However, other experts, like Bruce Perens, creator of the Open Source Definition manifesto, believes this is the first salvo in a direct attack by the Windows giant on Linux itself, and by extension, a defense of a royalties-based operating system strategy that many believe is becoming anachronistic, especially in the mobile world.
Perens points out that one of the patents concerns a Linux kernel implementation, rather than software specific to TomTom, and also that the eight patents are "so old and obvious that it's fair to say they have a high Duh! Factor". So, he asks, "is this a serious suit, or an effort to stir up fear, uncertainty, and doubt about Linux at a critical time?" And with TomTom being a Dutch company, Microsoft is risking a fight in the hostile territory of Europe, where it is currently fighting antitrust probes over browsers.
On the other hand, Microsoft has repeatedly tried to get Windows Mobile into embedded in-car systems, and has failed for various reasons, including its insistence that auto makers adopt its branding and user interface. Having made several compromises on this point on the handset - with Sony Ericsson and others creating their own interfaces to hide Windows - it may be ready to be more flexible, and TomTom would be a useful route into the vehicle.
Microsoft said in a statement: "Open source software is not the focal point of this action. The case against TomTom... involves infringement of Microsoft patents by TomTom devices that employ both proprietary and open source software code."
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