Derek Bodner’s Blog

Well, it happened. For years Microsoft has been claiming Linux infringes on patents they hold, and it appears they’ve finally acted on that threat. Microsoft has sued TomTom, makers of GPS systems powered by Linux.

Microsoft is claiming 9 patent infringements, 3 of which are related to the Linux Kernel and its use of FAT32.

TomTom uses FAT32 to natively recognize removable media.

Which is ironic. Why do you need to use FAT32 if you’re making removable media? Because it’s the only real way to have it be recognized across platform. Microsoft’s refusal to use non-proprietary filesystems has forced manufacturers into using their patented filesystem if they want their users to be able to use it problem-free.

I smell an anti-trust lawsuit coming.

(Note: IANAL).

I don’t find it a coincidence that Microsoft is coming after an embedded device. Microsoft is gaining in server market share, and Linux/BSD’s are not (and likely never will be) a real threat on the desktop. Where is Linux making the biggest gains? Embedded devices. That TiVo you use to record TV. That TomTom that tells you how to get everywhere. That Palm Pre you’ll be buying in a month. Thousands of devices that are powered by Linux, mostly unknown to the general public, represent potential business Microsoft is losing.

This could get interesting. We could either be opening up a Pandora’s Box, or it could be the retaliation leading to another anti-trust case against Microsoft. Or, more likely, TomTom will cave in and settle out of court, which would at the least negate setting a legal precedent for Microsoft to attack future vendors with, but would represent another successful bully for Ballmer and Microsoft.