Dave Watkins wrote: >Hi All, > >Recently there was some chatter on this list concerning Microsoft's patent >claims surrounding their "ownership of FAT, file allocation table. > >Here's a link and a copy of the message attached. > >Cheers, > >Dave Watkins >VP CLUG > >................................................................. > >http://www.linuxpipeline.com/showArticle.jhtml?articleID=177100273 > >................................................................ >Does Microsoft Patent Victory Bode Ill For Open Source? > >Redmond's 'FAT' surprise could mean big trouble for many Open Source >projects -- or it could be much ado about nothing. > >By W. David Gardner >Courtesy of TechWeb News > >Microsoft's announcement Tuesday that a federal ruling has deemed its >Windows file-storage systems patents valid, is raising concerns in the open >source community. > >The software giant's victory in the file allocation table (FAT) patents >battle could demonstrate that global patents systems can be dangerous to the >health of Linux and the open source community at large. >"This is now a situation in which Microsoft could cause major problems to >Linux vendors and users," said Florian Mueller, the leader of an >anti-software patents initiative in Europe Wednesday. "The example of the >FAT patents shows that all those patent quality initiatives and patent >pledges have no significant value to open source developers, vendors and >users if Microsoft ever wants to go for Linux's throat," he said in an >email. > >The FAT filesystem, sometimes called the DOS file system, contained patents >that were deemed patentable by the USPTO because they were "novel and >non-obvious." The patents had been challenged by some individual computer >users and by the Public Patent Foundation. Last year, it appeared that the >open source community, which maintains there was "prior art" inherent in the >patents, had prevailed. > >But in a decision filed last week, examiners sided with Microsoft, which >noted Tuesday that a "patent re-examination certificate," signifying >conclusion of the issue, is being prepared. Microsoft had argued that it >developed the FAT in 1976. > >Eben Moglen, general counsel of the Free Software Foundation, had said if >Microsoft was successful in licensing the patents, it could add "millions of >dollars annually to consumers' expenses for digital photo storage, and >(raise) the cost of digital cameras throughout the world." > >The patent decision could represent a proverbial Sword of Damocles hanging >over the open source community, because Microsoft could, at least in theory, >seek royalties for Linux. Microsoft has given no indication it plans to use >the patents against the open source community. > >David Kaefer, Microsoft director of business development, said his firm was >pleased with the USPTO decision. "This result underscores the validity of >these patents but also the importance of allowing third parties to request >re-examination," he said, according to published reports. > >Mueller said the decision "gives Microsoft the strategic option" to cause >problems for the Linux and open source community. "The USPTO and even the >European Patent Office continue to grant new patents to Microsoft daily, and >some of them may be equally dangerous to open source as the FAT patents," he >said >................................. > > > >_______________________________________________ >clug-talk mailing list >[email protected] >http://clug.ca/mailman/listinfo/clug-talk_clug.ca >Mailing List Guidelines (http://clug.ca/ml_guidelines.php) >**Please remove these lines when replying > > > Precisesly the reason why I am an exclusive GNU/Linux user. They can pry my Debian CDs outta my cold dead fingers!, But on a serious note Canadians have to wake up quickly to this pseudo US intellectual land grab. The Laws in this Country are not written in the US for the sole benefit of Americans. France just had a landmark case involving P2P "http://www.theregister.co.uk/2006/02/08/france_legalises_p2p/"; and software patents have "never been ratified in the EU". Given the prevailing attitude toward American initiatives in Europe, Canada, the rest of the World and even in the US itself the best thing that can happen is to let this paper tiger expose itself for what it really is. The US constitutes 5% of the Worlds population and 20% of its wealth. They are not omnipotent and need "OUR CO-OPERATION" as well as the other 94% of the Planet in order get away with this crap.
Just my $ 00.2 worth, Dan -- Chaos, panic, & disorder - my work here is done. _______________________________________________ clug-talk mailing list [email protected] http://clug.ca/mailman/listinfo/clug-talk_clug.ca Mailing List Guidelines (http://clug.ca/ml_guidelines.php) **Please remove these lines when replying
