The key point in Microsoft's legal actions "involves the Linux kernel as implemented by TomTom," Lyman said. This is "very different from the Linux kernel when we're talking software code and patent-infringement suits."

It's not unusual for companies to develop products based on a mix of proprietary and open-source code, Lyman observed. "Like every other company, they must take responsibility for ensuring that their systems do not infringe others' patents," he said.

A Limited Target

Linux Foundation Executive Director Jim Zemlin advised the open-source community to stay calm about what amounts to a private dispute between two companies.

"We do not feel assumptions should be made about the scope or facts of this case and its inclusion, if any, of Linux-related technology," Zemlin said. "Horacio Gutierrez, Microsoft's corporate vice president and deputy general counsel of intellectual property and licensing, has specifically stated that it isn't ... in any way directed at Linux."

Still, the software giant has long made sweeping claims that Linux violates its intellectual-property rights, which explains why it's a nagging worry for the open-source community -- for good reason. Under Microsoft's alliance with Novell, for example, the software giant has promised not to litigate against customers who purchase SUSE Linux Enterprise Server or other covered products, which strongly implies that Microsoft reserves the right to sue others who use Linux.

Opening Pandora's Box

It was not lost on the open-source blogosphere that Microsoft decided to take legal action against a European company at the very time that European competition authorities are poised to whack Microsoft with yet another costly antitrust decision. The problem for Microsoft, some industry observers say, is that it may be giving the European Commission another opportunity to charge the software maker with abusing its dominance over the global computing market. A trial could also potentially lead to one or more court findings that invalidate at least some of Microsoft's patents.

So it may actually be in Microsoft's best interest to settle its dispute with TomTom quietly before it goes to court. "It is our sincere hope that Microsoft will realize that cases like these only burden the software industry and do not serve their customers' best interests," Zemlin said.

If the dispute between Microsoft and TomTom does go to trial, Zemlin noted that the path between the software giant asserting patent infringement and gaining court validation is an extremely long road. Therefore, the open-source community would have plenty of time to counter any assault on Linux should it arise from the dispute, Zemlin observed.

"The Linux Foundation is working closely with our partner the Open Invention Network and our members, and is well prepared for any claims against Linux," Zemlin said. "The Linux ecosystem has enormously sophisticated resources available to assist in the defense of any claim that is made against Linux."