OStatic

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.

This afternoon, Linux Foundation Executive Director Jim Zemlin weighed in with the Foundation's view on the recent patent infringement claims Microsoft has filed against TomTom.

Zemlin says at this point, there's no reason to doubt Microsoft's assurances that this is a dispute solely between TomTom and itself, or that the claims against TomTom are in any manner a direct (or indirect) move against the wider Linux ecosystem.

The Linux Foundation is hopeful, Zemlin says, that the dispute will be resolved as quickly and as peaceably as possible. However, he indicates that if the litigation turns towards the Linux environment in a general sense, the Foundation is prepared to defend the platform.

As some OStatic readers have likely already heard, Microsoft is taking TomTom, a manufacturer of in-car navigation devices, to court for patent infringement. This is especially disturbing to those in the open source world for at least two reasons -- Microsoft's previous claims that Linux violates over two hundred patents it currently holds, and three of the claims against TomTom deal with TomTom's implementation of the Linux kernel in its products.

Techdirt's Mike Masnick presents some good analysis of the story, including links to the patents in question and those with particularly tenuous claims (in terms of infringement and patentability, in a few instances). While this is worrisome to those who use Linux, and certainly causing TomTom executives to lose sleep, I can't help but wonder, really, what this positioning actually means. Why is this coming up now? If hundreds of Microsoft patents are being violated, why go after a company infringing on eight (with three relating directly to Linux)? And why TomTom?