1) Unfortunately we do have a patent problem in EU. Lots of software patents are granted (notice where mp3 patents were filed first) and nobody has dared to try them in court.
2) Even if it were a us-only problem, lots of companies (such as tomtom) would really like to sell stuff with linux to US. If linux is declared "not for US", such companies will choose other operating systems.
3) The cat is now on the table, the fact is now that microsoft is suing people for implementing this hack.
4) when dealing with law, being overly cautious is a good idea.
instead of crying on the loss of the ridiculous hack called vfat, we should be creating the PNG equilavent of removable storage filesystems.
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