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Re: [debian-knoppix] DOS boot image for syslinux -- MS patents



Hi Terry,

Thankyou for your informed intervention. I have since read the patents and despite my iffy interpretation of legaleze I more or less concur with your findings. Again I would like to thank all who've helped me. I was very alarmed at the MS anouncement that they would licence makers of removable media, including floppies (which use I beleive fat12) for distribution rights.

All the best, Dan

----- Original Message -----
From: terry <terry0051@yahoo.com>
Date: Wednesday, December 10, 2003 4:35 pm
Subject: [debian-knoppix] DOS boot image for syslinux -- MS patents

> [a_wilson@mit.edu cited MS patents identified 
> in a MS press release, and there was discussion 
> about what they might cover.]
> 
> While it is true that the Microsoft press 
> release does say "FAT File System Technology 
> and Patent License", there is a contrast as 
> soon as you start reading the US patents 
> themselves that were cited in the release -- 
> because these patents do not appear to make 
> any reference to file allocation tables in 
> their patent claims.  
> 
> Neither does the one European patent 
> (EP 0 578 205) that corresponds to the 
> US patents named by MS in the release.
> 
> What the patent claims appear to be 
> concerned with is a "common name space 
> for long and short filenames", and/or 
> a "multiple file name referencing system".   
> 
> The corresponding MS European patent 
> 0578205 appears to be even more specific 
> than that.  Its claims all appear to focus 
> on situations where there is "an operating 
> system using an os file name format and an 
> application using an application file name 
> format",  and where files are referenced 
> via access to a B-tree that stores os 
> entries for the os formatted names, and 
> application entries for the application 
> formatted names.
> 
> (Several of the US patent claims are not 
> tied to the use of B-trees, however.)
> 
> Clearly these patents do not 'bite on' to 
> the simple presence of an FAT file system. 
> As has been mentioned already, FAT was 
> public knowledge for a long time, e.g. 
> before any priority date that can belong 
> to any still-unexpired patent in Europe 
> (priority date must be <= 21 years before 
> the present), so any European patent 
> claim that covers it now, must be invalid 
> because of a lack of novelty.  
> 
> If a syslinux implementation relies on FAT 
> along with 8.3 filenames, it is certainly 
> hard in any case to see how these patents 
> could be in any way relevant.
> 
> Possibly also there can be ways to implement 
> long filenames in a FAT system, that do not 
> involve using any of the arrangements as 
> set out in MSoft's patent claims for 
> relating two kinds of filenames to each other.
> 
> 
> 
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