OStatic

Jim Zemlin at the Linux Foundation has a good reaction piece up today to the news of TomTom's settlement with Microsoft in their patent fight. We covered TomTom's countersuit against Microsoft, and the fundamental issues here. Dana Blankenhorn's take on the settlement was that it seems pretty clear the company [TomTom] has surrendered, and Paula Rooney at ZDNet characterizing the settlement as David losing to Goliath. Zemlin sees the result of this dispute as evidence that Microsoft's new openness is not necessarily so open, but there is a silver lining.

The patent dispute between automotive GPS manufacturer TomTom and Microsoft has come to a close, with both sides settling the original suit and countersuit. CNet has a short but informative summary of at least some of the terms (certain financial specifics were not disclosed). The terms are written in order to preserve TomTom's compliance with its obligations under the GPL v.2 licenses on its code. TomTom must also remove functionality from its products that are related to the two file management systems that were under contention in the suit.

This is, at least for the upcoming agreed-upon five year period, how it will be between TomTom and Microsoft. It's been settled, and very little (at least from the Microsoft and TomTom camps), has been officially said about the three patents that dealt with TomTom's implementation of the Linux kernel. It's over, but have the final notes been sung?

In February, Microsoft filed suit against TomTom, claiming that the portable GPS manufacturer had violated eight of its patents. Three of the patents in question dealt in some manner with TomTom's implementation of the Linux kernel.

While Microsoft's Horacio Gutierrez stated the lawsuit is between TomTom and Microsoft, and not an attack on the Linux kernel as whole, many in the open source world are wary. The Linux Foundation's Executive Director, Jim Zemlin, has said that it would be prudent to keep an eye on the situation, but there was no reason to get overly excited, yet.

TomTom has made the next move, lending some credence to the Gutierrez's it's just between the two of us claims. On Monday, TomTom filed a countersuit in the US Court District Court for the Eastern District of Virginia. TomTom alledges that Microsoft violated its intellectual property (though sources vary on the number of patents involved) in its Streets and Trips products.