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[IP] more on Fat file patent




Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Sat, 27 Dec 2003 16:50:24 +0100
From: Marcel Waldvogel <marcel@xxxxxxxx>
Subject: Re: [IP] Fat file patent
To: dave@xxxxxxxxxx, Bob Webster <bob@xxxxxxxxxxxxxx>

Dave, Bob,

The patents listed on the MS site only seem to relate to the addition of "long file names" to the FAT "8.3" file naming scheme:

U.S. Patent #5,745,902 "Method and system for accessing a file using file names having different file name formats" (filed 1992) U.S. Patent #5,579,517 "Common name space for long and short filenames" (filed 1995) U.S. Patent #5,758,352 "Common name space for long and short filenames" (filed 1996) U.S. Patent #6,286,013 "Method and system for providing a common name space for long and short file names in an operating system" (filed 1997)

Thus it does not seem to apply to the "basic" FAT/FAT32 technology of naming files ("8.3") and allocating/finding the disk blocks occupied by these files. Since the FAT file system has been in use since the early 80s, the existence of any patents preceding that date should be known by Microsoft or other entities.

Based on this information, the following two conclusions can be drawn:

- As the formatting/initialization of the disk/flash card/... does not determine whether long file names can be stored on it, the case for royalties for preformatted but otherwise blank media seems to be very weak, based on the evidence listed by Microsoft. Microsoft's FAT "Pricing and Licensing" section is ambiguous on that anyway.

- The licensing for electronic devices capable of reading FAT media is interesting. While the 25 cent may be acceptable to camera manufacturers, it is certainly deadly for free operating systems (*BSD, Linux, ...), as putting up any charging infrastructure will incur significant additional expenses. Given Microsoft's history and interest in fighting free operating systems, this may be deliberate. (Other companies with large patent portfolio often license based on a percentage of revenue, which would be better for free/open-source products. Also note that they do not state any prices for personal computer or airplane licenses, just consumer electronics.)

As the consumer electronics devices with storage I know (selected digital cameras and MP3 players) support only "8.3" naming, there may not be much income (now) from this part, nor from the storage media manufacturers. The only remaining goal seems to be to kill the efficiency with which open-source/free operating systems can be distributed.

-Marcel
http://marcel.wanda.ch
(this is not legal advice; other standard disclaimers apply)

Dave Farber schrieb:

From: Bob Webster <bob@xxxxxxxxxxxxxx>

<snip>

Patent

Compact flash cards (and other flash cards) are really handy in cameras and computers, because you can treat them like little hard drives. Or big hard drives, if you consider half a billion a big number. You can plug in a compact flash card and read or write just like a hard drive. This is because it uses a standard format, the FAT or FAT32 format.

FAT stands for (or stood for once) File Access Table. It's a standard layout for a file directory and pointers to the files. Microsoft started using the FAT format for hard and floppy drives with MSDOS. It's a pretty simple format, with several similarities to CP/M and Unix formats.

Now Microsoft has decided they own FAT. They are going to start charging manufacturers about $0.25 for each compact flash card sold. Well, those that use the FAT file format, which amounts to almost every card being sold. Our PC12 uses a nonstandard compact flash card to record engine data. I guess that saved us 25 cents in the purchase of the airplane.

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




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