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Microsoft The Courts

Microsoft Gets Back Its FAT Patent In Germany 113

Dj writes to let us know that Microsoft has regained its FAT patent in Germany. (We discussed it three years ago when the German Federal Patent Tribunal ruled that Microsoft's patent on the FAT file system, with short and long names, was not enforceable.) "The [German] appeal court's decision brings it into line with the US patent office's assessment of the FAT patent. In early 2006, after lengthy deliberations, the latter confirmed the rights to protection conferred by [US] patent number 5,579,517, claiming that the development was new and inventive."
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Microsoft Gets Back Its FAT Patent In Germany

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  • by WillDraven ( 760005 ) on Friday April 23, 2010 @01:31PM (#31957706) Homepage

    I believe the correction you are looking for is "statute."

  • Stupid Headline (Score:5, Informative)

    by fm6 ( 162816 ) on Friday April 23, 2010 @01:39PM (#31957798) Homepage Journal

    The patent is not for the FAT filesystem itself. The patent is for the kludge that allows FAT to support both long filenames and 8.3 filenames.

    http://en.wikipedia.org/wiki/Long_filename [wikipedia.org]

  • Re: Who Cares (Score:5, Informative)

    by mr_da3m0n ( 887821 ) on Friday April 23, 2010 @01:40PM (#31957812) Homepage
    Tell this to cameras, PDAs, consoles, embedded devices... In a windows-dominated world, what else would you use that everyone could read from write to? NTFS? Ha, no.
  • by Anonymous Coward on Friday April 23, 2010 @01:42PM (#31957838)

    as in "you are limited from viewing this statue?"

    401 error on your link buddy.

  • by viralMeme ( 1461143 ) on Friday April 23, 2010 @01:54PM (#31957974)
    `Similar 8.3 file naming schemes [wikipedia.org] have also existed on earlier CP/M, Atari, and some Data General and Digital Equipment Corporation minicomputer operating systems'
  • by H.G.Blob ( 1550325 ) on Friday April 23, 2010 @02:00PM (#31958064)
    The European Patent Office usually does not grant software only patents but that doesn't mean that each country can't have a diverging policy. If you RTFA, the original decision was in part motivated by the EU policy on software patents.
  • by steveha ( 103154 ) on Friday April 23, 2010 @02:35PM (#31958626) Homepage

    The patent issue here is not how to store a long filename in a FAT directory. The patent covers the technique for making a file system where each file has two names, and 8.3 "short" name and a "long" name.

    This was crucial back in the day. Your Windows 3.1 system could read the floppy disk written by your Windows 95 computer; that file you saved as "ode to a summer day.txt" would wind up as ODETOA~1.TXT in Windows 3.1, and you could access the file.

    But these days, nobody really cares about the 8.3 "short" filenames. Windows XP, Windows 7, Mac OS, etc. all just look at the long filenames.

    So, Andrew Tridgell made a change to the Linux VFAT driver, and now Linux writes a valid long filename, and puts horrible junk in the space for the 8.3 filename. The horrible junk includes illegal characters for a filename. Thus, Linux is not writing both a long and a short filename, and thus isn't infringing.

    And Linux still has the FAT driver, in addition to the VFAT driver. The FAT driver reads and writes 8.3 filenames only. In the event that you have a volume with nothing but 8.3 filenames, you can still use it with Linux.

    http://www.osnews.com/story/21766/Linux_Kernel_Patch_Works_Around_Microsoft_s_FAT_Patents [osnews.com]

    The FAT long filenames patent should expire sometime around 2015, at which time Linux will return to full compatibility. (I presume that in countries that don't enforce software patents, people are still using Linux with full compatibility.)

    steveha

  • by Anonymous Coward on Friday April 23, 2010 @02:35PM (#31958632)

    Ballmer is thin by kraut standards.

    Nope. Times have changed.

    As an American who has spent about half of the last 20 years in Germany, I can tell you with great certainty that the average German is in much better trim and is a relative toothpick compared to the average American. It stuns me sometimes when I come home and see all the lardasses waddling thru shopping malls here.

    America has the obesity epidemic [obesityinamerica.org], not Germany.

  • by westlake ( 615356 ) on Friday April 23, 2010 @03:39PM (#31959482)

    Ah, so, your counter to talk about bribery is about how judges "follow a distinct path" and are exceptionally well trained?

    Consider how many years you have invested in becoming a judge-for-life. That it is the only life you have ever known. How likely is it that you will consider throwing it all away?

    Did you forget that judges will meet quite a few people who choose "lawyer" at the end of that path?

    The judge in a German court is more than a referee:

    There is no such thing as a jury trial in Germany.


    Under German law, as under American law, the accused is presumed innocent until proven guilty. In minor [criminal] cases there may be only a single judge presiding. Or, if the charges are severe and the accused faces heavy penalties, there may be five persons hearing the case - three professional judges and two lay judges.


    Though he has the duty of defending the accused to the maximum of his ability, a German lawyer is not as active in court as an American lawyer. In a German trial, the judge, not the defense counsel or the prosecutor, obtains the testimony of the witnesses. After the judge is finished, the prosecutor and the defense counsel will be permitted to question witnesses. The aim is to obtain the truth from witnesses by direct questioning rather than through the examination and cross-examination generally used in a US trial.
    German Justice: 2 Days per Murder [tinyvital.com] [2003]

  • by mattdm ( 1931 ) on Friday April 23, 2010 @04:10PM (#31959952) Homepage

    Yeahhhhh.... but that's not the patent.

Heisenberg may have been here.

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