LWN.net Logo

Microsoft aiming IBM-scale patent program at Linux? (Register)

Microsoft aiming IBM-scale patent program at Linux? (Register)

Posted Dec 8, 2003 16:11 UTC (Mon) by vblum (subscriber, #1151)
Parent article: Microsoft aiming IBM-scale patent program at Linux? (Register)

It seems that the FAT implementation in the Linux kernel would have to fall under MS's patents - or is there some more subtle detail here?

Anyway, this is bad news - they are starting with legacy applications first, but this is a warning shot only.


(Log in to post comments)

Microsoft aiming IBM-scale patent program at Linux? (Register)

Posted Dec 8, 2003 16:36 UTC (Mon) by stumbles (guest, #8796) [Link]

Yes, I think your right this is only the beginning with Microsoft. The more open source
is adopted the more Microsoft will attempt to throw up walls between their software and
anyone else that does not jump on their boat. That's ok. If they continue on that track it
will further isolate them from the demands of business. While Microsoft is looking only
at their bottom line, so are all the other businesses. On that point Microsoft thinks a
quarter is no big deal. But that quarter multiplied by hundreds of thousand units of
whatever is a big deal to companies that would rather have that quarter.

It's not really surprising they have/will do this. After all, in general every monoploy has
used similar tactics against their competitors and customers. Any thing to lock them in.
Often the opposite effect is to alienate themselves.

In a way I see them trying to put themselves into a similar situation as public utilities
where your choices about who you do business with is extremely limited or there is no
choice at all.

Microsoft aiming IBM-scale patent program at Linux? (Register)

Posted Dec 8, 2003 18:51 UTC (Mon) by JoeBuck (subscriber, #2330) [Link]

First, the "FAT patent" covers the encoding of long filenames, not FAT itself.

Just because someone has a patent does not mean that the patent is valid. In fact, when a patent fight reaches court, it is quite common for the patent to be overturned.

The USPTO, I've read, give patent examiners an average of 25 hours to do the entire review for a patent, which is why so many questionable patents are granted.

actual patents

Posted Dec 8, 2003 19:04 UTC (Mon) by vblum (subscriber, #1151) [Link]

http://www.microsoft.com/mscorp/ip/tech/fat.asp

lists four patents regarding FAT (plus unspecified further ones). Do all these cover file name encoding?

Yes, patents may be overturned. But the amount of legal FUD that can be launched with all this is potentially huge. And, some patents may actually be enforceable.

Anyway, I was curious whether the actual patents cover the implementation in the Linux kernel. Is that so?


actual patents

Posted Dec 8, 2003 19:40 UTC (Mon) by drathos (guest, #6454) [Link]

I just looked up all four on the USPTO site. The earliest of them is dated Nov 26, 1996 (filed April 4, 1995) and, based on the summaries, they all relate to maintaining both long and short filenames in the filesystem.

Copyright © 2008, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds