Topic: Strategic Planning
Recall that was said by a very strong US to a weakening USSR. If this had been said by IBM and not Tom Tom, I think this might play this time. In this case it would be like Iceland saying this to the US. If you've tripped fallen and are in the process of dieing it is really hard to get the other guy to take your bluster seriously. Tom Tom should likely be focused 100% on surviving at the moment and avoiding the declarations of war.
Except that Andy Updegrove is not TomTom. ![]()
Tom Tom should likely be focused 100% on surviving at the moment and avoiding the declarations of war.
As always, you are promoting Microsoft's agenda...
The reason the licensing question matters is the message that it sends: Microsoft has for years been approaching vendors alleging that it owns 235 patents that it claims are infringed by popular open source software, and that several dozen of these patents are infringed by any software distribution based upon the Linux kernel. These discussions are always behind the scenes, but when Microsoft succeeds in reaching agreement with a significant vendor, and especially a Linux vendor (like Novell), Microsoft makes an announcement, and puts another notch in its gun. The next time it visits a vendor - or even an end user - that list gets to be longer, and the person receiving the next visit is tempted to think that there must be a basis for all those other companies signing on the dotted line. So, it would appear, the smart thing would be to get in line as well.
Of course, the terms of these settlements are never released - which is an integral part of this type of patent infringement strategy. In fact, the person visited may not have had to pay anything at all. Indeed, the balance of value may have been in the opposite direction. Or the patents Microsoft claims may be infringed by Linux may simply be thrown in along with patents the other party really needed a license for.
All of which puts a vendor like TomTom in a very difficult position. If it had taken the license Microsoft offered a year ago, then have been added to the lengthening list. If it settles now, after Microsoft's suit has attracted so much attention, the terms will certainly be kept secret - and Microsoft will then have a notch of real power to add to its gun - it took a vendor to court, and under threat of suit, the vendor buckled. Surely that must mean that the patents are serious, right?
Well, not necessarily. Companies settle patent suits all the time for purely economic reasons: it's cheaper to fold then fight, and particularly so if the plaintiff is more interested in being able to say you folded than in any license income.
Now, though, TomTom has added a new dimension to the dispute that changes the game, and allows for multiple possible interpretations of any settlement that may end the dispute. Without question, the legal basis of the settlement would be a cross license between the companies that allow each company to use a list of stated patents of the other, thus removing the basis for the original suit, and then the second suit.
http://www.consortiuminfo.org/standardsblog/article.php?story=20090320053216203
But only if they make it to court or through a negotiation. Right now they are failing. This all seems to be a huge distraction for them when they should be fucused 100% on making it through the next quarter. Every time they make the news generally someone says they are going out of business and who wants to buy a product from a firm that is failing?
As to Microsoft's agenda they don't get a cent unless Tom Tom survives and they don't get case law (were they really targeting Linux which is doubtful given Red Hat would be a vastly better target were that the goal) either.
The press coverage for both companies is hardly positive but Microsoft isn't in danger of closing its doors and Tom Tom's efforts are not only making its survival less likely by focusing attention on their problems they are scaring away any buyers for the firm as well.
It's reactive and takes focus from where they need it and that is getting their costs in line with crashing revenues before they run out of cash (which may have already happened).
Topic: Linux Distributions
Various releases of Linux tailored for mobile, desktop and server implementations
Blog: IT Life After Windows 7
Article: Definitions Still Elusive in the Exploding Mobile Device Sector
News: Nokia N900 Could Change the Smartphone Game
Related Topics
IBM, Microsoft, Strategic Planning, Sun Microsystems
Lowering Your IT Costs with Oracle Database 11g Release 2This white paper identifies the key capabilities a database management solution needs to successfully deliver more information with higher quality of service, make more efficient use of IT budgets, and reduce the risk of change in data centers.
Software Forum: Information On Demand Virtual ExperienceThis interactive virtual forum presents leading IT experts providing the insights you need to turn your information into a strategic driver for innovation, business optimization and competitive differentiation.

Best-practice tools, strategies and technologies for determining and managing the data you need to make better business decisions.

Applications, management tools and industry advice on how to optimize your data for better business decisions.

Virtualization solutions, management tips and industry insights to promote and insure the lifespan of your business.

Indispensable technologies and best practices to maintain your organization's most valuable asset.
Disaster Recovery & Business Continuity Template PackPrepare your company for any type of disaster you can envision and those you cannot. Immediately download this comprehensive set of templates and tools for documenting your business contingency plans.
Windows 7 Upgrade Project KitMoving to Windows 7? The Windows 7 Upgrade Project Kit is the ideal support tool for managing all phases of an organizational upgrade to Windows 7. The tools and templates in this kit will help you develop a strategy and map out the implementation tactics which link your Windows 7 deployment to your company's bottom line.
TomTom tells Ballmer tear down this wall
By joining the Open Invention Network TomTom made its most important statement yet that it won’t get pushed around in its patent litigation with Microsoft.
OIN members include important players like IBM, Philips and Sony. On the other hand they also include Novell, whose original patent cross-license with Microsoft drives the controversy over Big Greens claims to own the Linux operating system.
By joining OIN TomTom lays claim to over 275 important patents and patent applications, at the cost of releasing its own IP to members.
OIN boilerplate is pretty clear on this, saying it is creating “a supportive and shielded ecosystem to ensure the growth and adoption of Linux.”
It’s one thing to intimidate a small company like TomTom, a Dutch maker of GPS systems who press reports say is struggling to survive.
It’s another one to take on the OIN and all its members. But given Novell’s paid leadership in the OIN group you have to ask whether TomTom didn’t also just find a way to finesse this thing if the going gets tough.
Over at Consortiuminfo Andy Updegrove writes that the TomTom legal strategy can be compared with Ronald Reagan’s strategy of economic confrontation with another empire.
Or, put more simply, Mr. Ballmer, tear down this wall.
http://blogs.zdnet.com/open-source/?p=3776