Re: Microsoft going after Linux?

[amicus_curious]

"Andrew Halliwell" <spike1@ponder.sky.com> wrote in message 
bd8l76-lk8.ln1@ponder.sky.com">news:bd8l76-lk8.ln1@ponder.sky.com...
> amicus_curious <ACDC@sti.net> wrote:
> > > Who? Tomtom?
> > > In europe? (I presume as they're a european company, that's where the
> > > trial
> > > will be held...?)
> > It will be held in the US District Court for the Western District of
> > Washington at Seattle.
> >
> > > If not, tomtom could just utterly ignore anything microsoft says. 
> > > They're
> > > out of their jurisdiction. American laws do not apply.
> >
> > They do in the USofA, where the suit is filed and the complaint was 
> > served.
> > It is like saying that the EU cannot do anything to Microsoft because 
> > they
> > are an American company.
>
> That depends if tomtom have any offices in america.
> If they do, they might be sensible to shut them all down and move to
> civilisation. North of the border. Then the yanks shout and shriek as much
> as they want and tomtom can just say "screw you".
>
> If they don't have any offices in america, good luck on getting them to 
> even
> show up in court. They're under no legal obligation to under EU law.
Well, I think you are not fully aware of the meaning of these suits.  First 
off, Tom-Tom does have an incorporated subsidiary in the US and that is the 
entity being sued in Washington.  Second, a failure to show up and defend 
the suit would surely place it on the list of items that the government 
could seize for such a patent violation.  I am sure that Tom-Tom's business 
activity in the USofA is something that they hold dear and would be loath to 
abandon so cavalierly as you suggest.

> > > Europe still holds software patents as extremely dubious if not illegal.
> > > A few have slipped through but they've by no means been accepted like 
> > > they
> > > have in america.
> >
> > Tom-Tom is free to abandon the US market if they wish to avoid US courts, 
> > of
> > course, but the profits here are just too tempting.  It is the same way 
> > with
> > Mr. Softee in the EU.  They cover their higher costs of business by 
> > raising
> > prices a little.
>
> Would america impose a trade embargo if they tried importing more tomtoms
> into america if they shut up shop and moved out of the country?
>
> Does microsoft have that much power?

Not Microsot per se, but the US Customs Service surely does.  They have guns 
and things to help out with the process.