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PUBPAT Challenges Microsoft's FAT Patent

An anonymous reader writes "The Public Patent Foundation filed a formal request with the United States Patent and Trademark Office today to revoke Microsoft Corporation's patent on the FAT File System, touted by Microsoft as being 'the ubiquitous format used for interchange of media between computers, and, since the advent of inexpensive, removable flash memory, also between digital devices.' In its filing, PUBPAT submitted previously unseen prior art showing the patent, which issued in November 1996 and is not otherwise due to expire until 2013, was obvious and, as such, should have never been granted."

396 comments

  1. About time... by Anonymous Coward · · Score: 4, Interesting

    ... somebody did this. FAT's been around and is now somewhat of a standard. Maybe some of MS's other patents can be challenged as well.

    1. Re:About time... by Anonymous Coward · · Score: 0

      Yeah it's been around... In MSDOS.

    2. Re:About time... by r4bb1t · · Score: 5, Insightful

      I don't mean to play devil's advocate, but is it ok to challenge patents just because they become standards?

    3. Re:About time... by Bronster · · Score: 5, Insightful

      I don't mean to play devil's advocate, but is it ok to challenge patents just because they become standards?

      If they were standards before they were patented, then yeah - I would say that's grounds for challenging them.

      If they were a stealth patent on an idea that was common knowledge at the time (and I'm thinking especially of things that just weren't practical due to lack of CPU power that are blindingly obvious as well) then yeah, definitely.

      Anyway, all the devil's advocates are on loan to SCO at the moment, raking in megabucks from the warchest.

    4. Re:About time... by pilgrim23 · · Score: 5, Informative

      Was not FAT12 (DOS 2.0) not actually an extension of the CP/M file system? Does not ProDOS, MFS HFS and all most all the other early file systems behave in similar fashions? FAT16 was merely a hacked to 2gb extension of the orignal 32mb limited FS. a Patent on FAT makes NO sense.

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    5. Re:About time... by spectre_240sx · · Score: 1

      In my opinion, yes. It doesn't mean you have to win, but without challenges, power becomes absolute, and we all know what happens then.

    6. Re:About time... by emtechs · · Score: 5, Interesting
      The patent only applies to the method used to store long filenames without much change to the underlying 8.3 file name system.

      Scary: That's patent worthy.

      Scarier: There were three prior patents covering the technique...

    7. Re:About time... by mattjb0010 · · Score: 3, Funny

      Was not FAT12 (DOS 2.0) not actually an extension of the CP/M file system?

      So you're saying MS grew FAT on other people's work?

    8. Re:About time... by Grail · · Score: 5, Insightful

      I think patents should be treated the same way as copyright - if you don't enforce it, you obviously don't want it. Why is Microsoft going to enforce FAT patents now? If they'd enforced them earlier, noone would have used FAT, they'd have found something else to use.

    9. Re:About time... by red+floyd · · Score: 5, Informative

      That's trademark, not copyright.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    10. Re:About time... by Anonymous Coward · · Score: 5, Interesting

      The microsoft patents aren't about all of the FAT file system. Rather the method of storing short and long file names in the FAT file system.

      Interestingly, the request for reexamination is based partly on what Microsoft might do, and has made no attempt to do. Their assertions are that in light of other patents the specific combination of techniques would have been obvious. This strikes me as less than genuine because of how patents are done, particularly in this day in age. If the combination of ideas was so obvious, why didn't the last of the submitted prior art patent it, since they're so skilled they can claim worthy patents when there is significant pressure to claim everything thing concievable at the time of the filing?

      But more importantly; in the case of the invention of polyamides, with their logic the claimed invention of one precludes others from claiming the invention of others of similar structure. In light of Nylon, Kevlar is obvious.

      This of course is not what happened.

      I'm not saying that shouldn't have happened. It's an interesting demand to make of would be inventors, and certainly a considerable demand to make of the patent office. (I guess we know that when they play Stars! 2 they always click the bleeding edge technology box.) But the fact that their line of reasoning isn't followed, really at all, and has many billions, possibly trillions, of dollars in property bet against it doesn't bode well I would think.

    11. Re:About time... by Vicegrip · · Score: 4, Interesting

      Let me suggest this question then:
      If it becomes a standard, is it in society's interest to let the patent last so long?

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    12. Re:About time... by Anonymous Coward · · Score: 1, Insightful

      Scariest: It looks like it boils down to using a second directory entry link to the real directory as meta-data storage.

      Not so scary, if you don't want to pay the money, use regular fat, and make your device more useful by storing a bunch more useful metadata in the files! Maybe batch-renaming them based on common meta-data when they're transfered to say a PC. (assuming one isn't using a card reader of course).

    13. Re:About time... by micron · · Score: 1

      No, it was not. the file system used by CP/M was not compatible with the one used in MS/DOS 1.0.

      Had it been, I would have expected Digital Research to enforce their IP protection on MS.

    14. Re:About time... by afidel · · Score: 5, Informative

      Um, this isn't about FAT12 or FAT16, it's about specific extensions added for DOS style file name for FAT32. Basically the patent covers the means of embedding the DOS style handle into the FS block data in such a way as to allow backwards compatability while still allowing apps that use the correct API to get the real long file name. For more info see this wikipedia article. The most damning thing to MS is that they released beta code for Win95 more than 2 years before filing the first of the patents. Patent law clearly states that you have no more than 364 days after first publicly demonstrating a device or idea to patent it.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    15. Re:About time... by Bronster · · Score: 4, Funny

      Rather the method of storing short and long file names in the FAT file system.

      I.e. they're patenting a work around for a stupid shortcoming, for which the only reason nobody else was doing it was that they designed their systems to be more flexible in the first place?

      1) design inflexible system

      2) patent bandaid

      3) profit

      I think I've discovered the underpants gnomes' secret business model - patent bandaids. Unfortunately the ubiquitous triple questionmark logo is prior art.

      *sigh*

    16. Re:About time... by Danse · · Score: 5, Insightful

      If the combination of ideas was so obvious, why didn't the last of the submitted prior art patent it, since they're so skilled they can claim worthy patents when there is significant pressure to claim everything thing concievable at the time of the filing?

      Perhaps they didn't patent it because it *was* obvious. The idea that every idea or hack or workaround or anything else that pops into someone's head should be patented is just ridiculous. It doesn't matter if you did something first that nobody else has done. Perhaps nobody else needed to do it. That doesn't make it patent-worthy. Hell, it's getting so that you can't do a damn thing without major financial backing just to try to figure out if you're violating someone, somewhere's, patent. Even if you're not, you'll still need the financial backing to fight off the inevitable lawsuits from all the vague and overbroad patent holders out there that are trying to hustle anyone that tries to create anything these days.


      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    17. Re:About time... by dastuff · · Score: 1

      Yes, just because we use medicine doesn't mean it looses its patent. It's not really fair to try to steal it away from them, especially seeing how they spent the money to develop it..
      As Much as I dont like the ms monopoly, I think they're in the clear here.

    18. Re:About time... by Anonymous Coward · · Score: 5, Insightful

      After companies got burned by people reading their patents and adding inventions that were a shade of obvious, they took the tack of patenting everything and variation they could concieve of. That became the standard, and it predates the patents cited as prior art.

      The good and bad of that, I'll leave to wiser people that myself to discuss, but that is the status quo. And that is exactly what PUBPAT is challenging. If they can beat Microsoft with that argument, all the 'little' inventions can/will get overturned too. And I assure you that after many years, PUBPAT will probably be one of the very exceptional David's on a field of Goliaths.

      It's a huge change, and in the long run I would predict it would chill innovation in the US, lead to more draconian NDAs & Non-Compete agreements, aid the big guys in consoladating IP to be used against the market more than each other, encourage more secrecy, less patenting, more espionage, and possibly give rise to a preference to patent inventions in other countries. If I had played a lot more Elevator Action, I might see this as a positive development.

      Maybe the small inventions like this lead to the larger more important inventions and abstractions. I don't know. Maybe they get brighter less flexible more ambitions people thinking about the true solutions to succeed the collections of hacks. And the publication and protection of those inadaquate hacks, as well as the promissed protection for the imagined invention are a necessary step to the launching pad. Maybe no one does. Maybe the idea of the perfect solution to the mess is an illusion, and we've just got to find the mess that's the best. Maybe we've already found it marveling at the green-ness of grass we might have had.

    19. Re:About time... by OrangeTide · · Score: 3, Insightful

      Really? And all this time I thought companies actually wanted piles of patents that nobody ever uses.

      i was hoping people would stop using FAT because of the patent and use UFS or some kind of journaling flash filesystem. If they just defined it as part of the standard when they defined a flash interface (or the next USB revision?) then maybe microsoft's hand could be forced. Infact I think MS would be for a more stable and reliable filesystem (because even they admit that FAT isn't very good by not recommending using it when NT got NTFS)

      --
      “Common sense is not so common.” — Voltaire
    20. Re:About time... by Anonymous Coward · · Score: 0
      Did Berkeley add their long filename support to Unix in 1970? They might have used an extended directory entry for long names, but I can't quite remember. Maybe I'm thinking of symbolic links.

      Isn't this patent describing a filename hash method? Hashing was in use for decades for many things.

    21. Re:About time... by klasikahl · · Score: 0, Offtopic

      A lot of companies brand names have become nearly impossible to enforce because the trademark has made it into the accepted dialect of a language. Xerox, kleenex, and rollerblades are all examples of this. That's why Google was fighting, in court, to keep its name out of new dictionaries that are being published.

      Just a point in case...

    22. Re:About time... by ozmo · · Score: 1

      the phat fat of fat, and yes they did get.........

    23. Re:About time... by Free_Meson · · Score: 2, Interesting
      The most damning thing to MS is that they released beta code for Win95 more than 2 years before filing the first of the patents. Patent law clearly states that you have no more than 364 days after first publicly demonstrating a device or idea to patent it.


      Not neccessarily. MSFT would have its patent rights intact if, for example, anyone seeing that code (I assume you mean sourcecode and not binaries) had a click-through or better confidentiality agreement. More importantly, though, as long as MSFT just took the input and showed the output (a public demonstration) without going into detail about how the transformation worked, they'd likewise be protected. If I give you a magic black box that you can put a fish in and the fish will turn into a chicken, and there's no way for you to take apart the box, then even though I'm demonstrating the effectiveness of the box in turning fish into chickens I'm not forfeiting any patent rights...
    24. Re:About time... by omicronish · · Score: 5, Insightful

      I.e. they're patenting a work around for a stupid shortcoming, for which the only reason nobody else was doing it was that they designed their systems to be more flexible in the first place?

      FAT was originally designed in the 1980's, and although long filenames might've been considered, hardware limitations may have made them infeasible at the time. Also, FAT wasn't initially designed by Microsoft; the first version was released with QDOS.

      Saying FAT sucks is like saying Minix (the file system) sucks. They're both old, and better file systems supercede them. The only problem is that Microsoft decided to use FAT and extended it for Windows 9x, but that's somewhat understandable from a compatibility standpoint.

    25. Re:About time... by ozmo · · Score: 1

      floppie disk/ fat/12.common

    26. Re:About time... by bluephone · · Score: 5, Informative
      Right, it's really about the VFAT overlay, but there's still prior art in the form of 4DOS, and there was even a Win3.1 specific utility called LongfileNames or something. I rememebr seeing it on CompUSA in a long thin box (kinda like square/triangular poster tube). So there's plenty of prior art for the concept.

      Their specific implementation however might not be challengable, seeing as how they DID invent it. There's a chance however since IIRC patent law gives you only 1 year after public introduction to patent said invention or you lose the right to patent it. The problem then becomes a game of dates and when it was "public" (do wide spread betas count? It WAS indevelopment for 4 years), and when did they submit the patent.

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    27. Re:About time... by Danse · · Score: 4, Insightful

      It's a huge change, and in the long run I would predict it would chill innovation in the US, lead to more draconian NDAs & Non-Compete agreements, aid the big guys in consoladating IP to be used against the market more than each other, encourage more secrecy, less patenting, more espionage, and possibly give rise to a preference to patent inventions in other countries. If I had played a lot more Elevator Action, I might see this as a positive development.

      Well, the way things are now, if you're not a big corp, you can't afford to innovate in many areas. You have nothing to bargain with (no patent portfolio to cross-license), so the big boys can simply trample you with lawsuits if you seem like even a minor threat to them. There are such a huge number of vague, broad, and obvious patents that they can probably find a million and one things that are somewhat similar to some aspect of your invention or process. So yeah, maybe your scenario actually would be an improvement. But then again, I played a lot of Elevator Action, so that may have warped my view :)

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    28. Re:About time... by Anonymous Coward · · Score: 5, Informative

      Even the Commodore 64 / 1541 had "long" filenames, at least compared to FAT. Not 256 chars, like most *nix systems, but 14 chars, which is enough for most uses. If filenames get much longer than that, they take too long to type, and you would need grep to find the right file anyway.

      No, it was not a hardware limitation, just as the Cobol Y2k problem was not a hardware limitation. Just a stupid design.

    29. Re:About time... by Anne+Thwacks · · Score: 4, Insightful
      This is more of a problem than you think. The FAT system was a re-implementation of previous technology, and is not patentable. Even M$ have not claimed it is, and the "prior art" objection is a valid one. However, "A means of mapping long filenames to short ones" would appear to normal people to be a trivial application of programming techniques: you put a short file name here, and a long one there, and you use some kind of hashing algorithm - computing 101 stuff! But, by huge volume of precident, in the US, contrary to the wording of the law, you are permitted to patent trivial examples of basic technology. This is a challenge to the whole of the USTPO. If patenting trivia is not permitted, then most patents, and almost every single software patent, will have to be slung out: and bang goes their source of revenue!

      Obvously, everyone here thinks that its the job of the USPTO to examine patent applications, and investigate whether they are "novel, feasible, and non-obvious". This ceased to be the case long ago: Their job is to earn money. No one has ever successfully sued them for granting patents on trivia. This has created a loophole where the govt can make money by granting a patent to almost anything submitted, in return for a fee.

      Even a case where the USPTO is found liable for gross failure of duty, and fined an amount commensuate with its takings, would not stop this stupidness - just because someone has been able to argue that one instance is trivia does not create a precedent for arguing that something else is trivia. Even if M$ lose this case, it will have no impact whatever on the real problem - that the USPTO exists as a profit centre for the government, and not as a service to the US tax payer.

      --
      Sent from my ASR33 using ASCII
    30. Re:About time... by Grail · · Score: 2, Interesting

      See how confusing all this mess is? You even get moderated as "insightful" for pointing out the bleeding obvious! :)

    31. Re:About time... by jimicus · · Score: 1
      Even a case where the USPTO is found liable for gross failure of duty, and fined an amount commensuate with its takings, would not stop this stupidness - just because someone has been able to argue that one instance is trivia does not create a precedent for arguing that something else is trivia.

      You see any US judges awarding substantial damages against a US government department? Didn't think so.

    32. Re:About time... by Anonymous Coward · · Score: 1, Informative
      If the combination of ideas was so obvious, why didn't the last of the submitted prior art patent it, since they're so skilled they can claim worthy patents when there is significant pressure to claim everything thing concievable at the time of the filing?

      Someone has already replied to this saying people wouldn't bother trying to patent an obvious idea. There is a sense though, in which I don't think the idea is obvious, which is this: if I had been looking for a way to extend the FAT file system with long filenames, I probably would not have seriously considered storing this information in file entries, because it is both inelegant and ineffecient. (But given that the information about long filenames is to be stored in file entries -- and the only reason I can think of for doing this is to avoid the effort involved in doing the job properly -- then I do think the method used in VFAT is obvious.)

      This leads me to something else that has also been pointed out elsewhere, but not stressed enough, I think: This patent is for a way of doing something which has already been done better before (several times in fact).

      OS/2 had EAs (extended attributes) for the FAT filesystem in a hidden file. There was a Macintosh utility (PC Exchange?) which accessed the FAT filesystem, and put Macintosh file attributes in a hidden file. (And if we look beyond the FAT filesystem, there's the RockRidge extensions for ISO CD-ROMs, and probably many others I haven't thought of.)

      Surely this is an important point which warrents inclusion in the request to revoke the patent. The patent does not actually achieve anything new. I recognise that some patents are on methods of achieving something that can be achieved by another means, but surely the idea being patented should at least have some kind of advantage over other methods at least in some respect or situation.

      I can't see that VFAT has any real advantage over previously existing methods. In fact, it seems quite the opposite. I expect that Microsoft could have used OS/2's EA system with a better result. (Well, unless there's a patent on it.)

      All said though, I don't think this is quite as absurd as Microsoft's patent on the "Start" button (I think I had an old microwave-oven with prior art).

      --
      James G

    33. Re:About time... by eclectro · · Score: 3, Informative

      then even though I'm demonstrating the effectiveness of the box in turning fish into chickens I'm not forfeiting any patent rights...

      Was it a public beta or was it not? If you publicly disclose that you have a black box that turns a fish into chicken (and with the way DNA research is going, don't laugh at it) publicly, it is your responsibility to patent it.

      Just because nobody may not know the workings of the black box does not make it any less your responsibility to patent it. Because unless the patent examiner grants you the patent and hence the monopoly on it you don't have exclusive rights to it.

      So, if you publish that you have a machine (or let the public use it, like in a beta) that turns a fish into chickens, you have a year to file tha patent on it. After that year, your exclusive rights to the secret box that turns fish into chickens evaporates. Anybody can use the idea and make a box that does the same thing.

      But that was not what is at argument here. What is being challenged here is that the FAT file system is not really a "novel" or "unique" idea in the first place, but rather obvious for those who are familiar with the technology.

      The three qualifications for a patent are usefulness, novelty, and it has to be nonobviuos

      As the article states, and why this will be important in the future, the patent office granted a patent to something that was obvious.

      The problem is not patents themselves (and I would argue that software patents are not entirely bad if held to the original standards that they were supposed to be under), but that the patent examiner will slap a patent on anything that walks through the door.

      For one reason or another the patent office is broken (not enough money), with the attitude that rather than themselves having to put a critical eye torward something that may be obvious, they decide to not do this and let a judge later sort it out.

      Which is wrong, and just another example why our government is broken in more ways than one.

      Admittedly, it costs a lot of money to hire an examiner that is familiar with often arcane (but important) technologies. But it does not let the patent office off the hook.

      What we have is people who are getting a software patent equivalent to a patent on breathing air.

      The business method patents (this kind of patent is worse than software, as it has no technology behind it) come to mind, like the "ecommerce" one.

      Some would argue that software patents should never have been granted because it is a "slippery slope". I think they are right. The original software patents were granted to machines that controlled the vulcanization of rubber (novel and nonobvious) and another that read data off seisometers.

      We have slid from that all the way down to the "one click" patent to buy something.

      Anyway, this is an important fight that needs to be won.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    34. Re:About time... by bgspence · · Score: 3, Informative

      Sure, but it makes no sense to grant a patent on claims which were already patented or applied for. The Microsoft's patent, 5,579,517, claims are shown to make the same claims as the prior art patents 5,307,494, Yasumatsu et al., and 5,367,671, Feigenbaum et al.

      The challenge by PUBPAT has a long breakdown of how each and every claim in the Microsoft patent is claimed by the prior art patents. So, the prior art claimed is not just some other previous implementation, but laid out clearly in two previous patents. It would seem to be a slam dunk if you read the details of the request for reexamination.

    35. Re:About time... by chthon · · Score: 1

      The microsoft patents aren't about all of the FAT file system. Rather the method of storing short and long file names in the FAT file system.

      IIRC, then something like this was already done in OS/2 3.0, of which I bought a copy in 1994. OS/2 could work on HPFS or FAT, and on the FAT system you had the same possibilities (albeit slower) like on the HPFS system.

      I also seem to remember that the files which store the extended attributes had the same names on OS/2, as on Win95.

    36. Re:About time... by Anonymous Coward · · Score: 1, Insightful

      Especially since the patent covers the *idea* not the *expression*. Therefor, the fact you could not see the source code has no bearing on the fact that you can *see* what it is doing (the implementation of the *idea*).

      I hope PUBPAT highlight this.

    37. Re:About time... by Anonymous Coward · · Score: 0
      Rather the method of storing short and long file names in the FAT file system.
      O, that case its not a novelty eigther, Remember Rock Ridge extensions.
    38. Re:About time... by pjt33 · · Score: 3, Informative
      possibly give rise to a preference to patent inventions in other countries
      In which other countries? A lot of stuff that's patentable in the US isn't patentable in many other countries.
    39. Re:About time... by Lumpy · · Score: 4, Insightful

      t's a huge change, and in the long run I would predict it would chill innovation in the US,

      yup just like software piracy has cause a almost stoppage in new software, and music trading has decimated the record industry...

      In fact, I remember hearing that someone using that same argument against the printing press....

      and Argh said the same thing to Ogg about that damned wheel of his... it will destroy the dragging industry in the village...

      If your company can not adjust to change then you deserve to be put out of business when a minor change like this comes along.

      --
      Do not look at laser with remaining good eye.
    40. Re:About time... by Net_Wakker · · Score: 2, Interesting
      In which other countries? A lot of stuff that's patentable in the US isn't patentable in many other countries.
      Except in Australia, where you can even patent the wheel.
    41. Re:About time... by Anonymous Coward · · Score: 0

      If filenames get much longer than that, they take too long to type

      Wait... wait... YES! I suspected as much!

      Your post is so unbelievably stupid, it has ACTUALLY made me DUMBER than I was before I read it.

    42. Re:About time... by bhtooefr · · Score: 2, Interesting

      I can actually see why it wouldn't be feasible. It's due to the physical size of the FAT itself. If you can't hold the filename inside the FAT, you have to make it shorter. In this case, the FAT had to be small to put more data, and filename size (and cluster size) took a hit. Now, they could have put a 100KB FAT on the 180KB disks, but it would have eaten up almost all of the space!

    43. Re:About time... by donheff · · Score: 2, Informative

      Profit Center? The USPTO collects money to defray its costs:

      "All fees available to the Director under section 31 of the Trademark Act of 1946 shall be used only for the processing of trademark registrations and for other activities, services and materials relating to trademarks and to cover a proportionate share of the administrative costs of the Patent and Trademark Office."

      It may be doing a lousy job of it, but it ain't no IRS.

    44. Re:About time... by Flyboy+Connor · · Score: 4, Interesting
      4DOS was a DOS alternative that supported long filenames. So hardware limitations are no argument.

      Limiting filenames to 8.3 is just laziness. Even worse: all filenames used those 11 bytes, even if they didn't need them: how's that for efficiency?

      The best option would be to allow the user filenames of any length, and telling him: hey, you can use 255 characters for a name, but remember it costs disk space.

      This would require a bit of programming from the side of Microsoft. They didn't do that. They didn't need to, because they sold someone else's creation. And that was, as you mention, QDOS, which isn't named for nothing "Quick & Dirty Operating System". 8.3 is the quick way, not the right way.

      And it took Microsoft only twenty years to make it right...

    45. Re:About time... by betelgeuse-4 · · Score: 2, Insightful

      That would help Microsoft, not hinder them. They're own of the few companies around that can afford to ruthlessly persue every single patent infringement, real or perceived, no matter how trivial. Smaller organisations would suffer as they would lose a patent when they couldn't persue a minor infringement because of the legal costs.

    46. Re:About time... by Anonymous Coward · · Score: 0

      The patent system is the printing press, and the suggestion under discussion would decrease, possibly drastically, the incidents of useful prints. The point of a patent system is to award protections for publishing know-how not to declair most trade secrets obvious and undeserving of protection.

      "Piracy" is actually a good example. Because of piracy new ideas are more risky. A barrier to entry if you will. So proven ideas attract more capital with piracy being something of a cost of doing business. One might be able to make a similar argument reguarding the stagnation of music, but that has other venues to expolit (concerts, merchandise) and likely has much more to do with the monopolistic practices of the RIAA.

      Fortunately for software the industry has precious little to offer in the way of barriers to market entry. Unlike say building a manufacturing plant.

      Make no mistake, their argument will become a giant club to smash the little guys. What few remain. The flip side of that is companies consisting of thin patent portfolios and lawyers won't be much tougher.

      Look at the responses to my original cowardly post. Many can't differentiate between the FAT file system, the idea of long file names, and the possible particular invention of Microsoft's claimed invention as implimented. (Again, if we could read the code the comments would probably be something along the lines of "/* Ugly hack. Need sleep. Fix tommorrow. --G. Glad this shit isn't graded. */") From my vantage point, companies aren't the only things in desperate need of changing.

    47. Re:About time... by Anonymous Coward · · Score: 0
      I believe that it does. The person who made the innovation should be given the right to determine the future of it.


      I'm not a big linux head (that's gonna make me a lot of friends here)...but I would believe an appropriate analogy is how Linus T remains the person who controls the direction of Linux. He came up with the idea, and as a result everyone puts their faith in him to know whats best for the future of linux (would the end of MS do?)


      A possible solution would be that if a patent becomes a standard then the patent owners actions have to be regulated by whatever standards body you guys in the US of A have...

    48. Re:About time... by AndroidCat · · Score: 1

      Funny Elevator Action should be mentioned. It was one of a number of "spy runs around a building with elevators" games that were independently developed and all released around the same time. If the first one had some IP lock on this obvious idea, perhaps it wouldn't have been Elevator Action you played. But then again, I played a lot of Intrepid, so that may have warped my view. :^)

      --
      One line blog. I hear that they're called Twitters now.
    49. Re:About time... by sproketboy · · Score: 3, Informative
      Quote: " ...although long filenames might've been considered, hardware limitations may have made them infeasible at the time."

      No it was incompetence. Apple DOS (even before ProDOS) had long file name support. That was wayyy back in like 79-80.

    50. Re:About time... by Crayon+Kid · · Score: 1

      That's not how copyright works. Most often you don't even have to publish anything and the copyright still applies. AFAIK it applies to the love poem notebook you hide in the closet under the pijamas. Check this out for a nice rundown of copyright vs patents vs trademarks, plus more insight into patents.

      --
      i ate crayons when i was a kid and now i have two braincells and the blue ones taste nicer
    51. Re:About time... by walt-sjc · · Score: 1

      If filenames get much longer than that, they take too long to type

      That's why every modern shell has filename completion by hitting TAB. Even Windows can have this enabled (although why it's not on by default is a mystery.)

      Longer filenames are very useful for things like MP3's. 14 characters is enough for most users? Kinda like 640K of RAM is enough, 540M on the orig IDE spec, 2G file sizes, etc?

      System designers really have to start thinking farther and farther ahead. For example - most modern desktop motherboards still have 3-4G memory limits - my older ones have 768M limits even though I have ram chips in hand that could bring that up to a gig if the MB could handle it. In 10 years from now, I can see NV memory modules that could hold 500G - as fast as current off-chip cache, yet big enough to eliminate the need for mechanical storage (disks) for many embedded apps (mp3 players, PVR's, tablet computers, etc.) It sure would be nice to have a module that you could drop into a legacy DIMM slot to bring new life to old boards. Currently, all our systems are designed with built-in obsolecence and artificial limits creating massive financial and environmental waste. Enough is enough.

    52. Re:About time... by ShortSpecialBus · · Score: 3, Insightful

      System designers really have to start thinking farther and farther ahead. For example - most modern desktop motherboards still have 3-4G memory limits - my older ones have 768M limits even though I have ram chips in hand that could bring that up to a gig if the MB could handle it. In 10 years from now, I can see NV memory modules that could hold 500G

      I agree with you, but there are probably things that we aren't considering. When designing a circuit/processor/motherboard/whatever for both speed and efficiency, you need to set design paramaters that are reasonable for the motherboard's percieved lifetime (generally 2-3 years I would guess). If you make a motherboard with today's technology that supports 500GB of RAM, there are going to have to be significant tradeoffs with speed and other things for that support. It is hard to design hardware that is so open ended.

      Although it would be nice, I don't think it's practical/cost-efficient.

      --
      //FIXME: Bad .sig
    53. Re:About time... by Arker · · Score: 2, Informative

      FAT was originally designed in the 1980's, and although long filenames might've been considered, hardware limitations may have made them infeasible at the time. Also, FAT wasn't initially designed by Microsoft; the first version was released with QDOS.

      Not actually true. FAT first appears in the Stand-alone Disk BASIC written by Marc McDonald for MicroSoft back about 1977. When Tim Patterson kludged together QDOS in 1980, he used FAT, but he didn't invent it, it had already been in use for around 3 years.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    54. Re:About time... by afidel · · Score: 1

      Acutally Congress has siphoned off large amounts of revenue from the USPTO for ages, regulations be damned. There was some recent talk about eliminating this practice so that USPTO could actually afford to hire competent and numerous patent examiners but AFAIK this hasn't happened yet. Here is a quote from the international trademark association from 2002:

      "Last year, approximately $44 million of USPTO revenue was diverted. The year before that, the final number was $116 million." link

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    55. Re:About time... by muskr · · Score: 3, Informative

      Limiting filenames to 8.3 is just laziness. Even worse: all filenames used those 11 bytes, even if they didn't need them: how's that for efficiency?

      Well, actually, fixed file name lengths make your record lengths fixed, which makes it MUCH faster to parse through the data (does anyone who runs a major database waht to back me up here?). There was a day before fast hard drives and back when processor speed was measured in single digit MHz. People used to BOOT from a floppy disk on computers without a fixed disk. Do you REALLY want long file names and, hence, a larger directory structures on your floppy-based computer?! The 8.3 convention was probably intended to make sure that parsing large directories didn't take up a significant portion of the CPU time (go type "dir" on A:\ and tell me if it responds fast enough for you), and also to make it easier for applications that required access to files could more easily store those filenames.

      It's especially useful for small apps that need to TSR (terminate and stay resident). Often, large chunks of these were written in assembly language! Do you really want to implement "copy or compare data from this pointer to a pointer until you get a 0x00" in assembly just to copy or compare a filename?

      For the programmer types, we're talking about the difference between a pointer to a fixed-length string and a pointer to a pointer to a variable length string (since you couldn't fit variable length strings in a fixed-length directory entry). Pointer operations are always slow, but they used to be even slower on older processors.

      Also, the original MSDOS didn't have the nice up/down arrow to repeat previous commands feature in 4DOS (did 4DOS also have tab-key completion?), so typing long filenames would be tedious (wow, that was back before GUIs! Anyone remember Norton Utilities?).

    56. Re:About time... by Suidae · · Score: 1


      Although it would be nice [if hardware were designed to last much longer], I don't think it's practical/cost-efficient.


      True, and its also less profitable for the hardware industry. Its in their interest to balance the shortest upgrade cycle with the consumers irritation at having to frequently buy new hardware.

      I'm pretty cheap, In the late '80s I started with an 8088/Z80 (Epson QX-16) which was old at the time, then to a 486DX2/66, P166, P3/450, Duron 1.2Ghz. I expect to upgrade again sometime after we hit 5Ghz.

    57. Re:About time... by Mateito · · Score: 1

      CP/M80 was 8.3 as well. I have no idea what filesystem was underneath it.

      I am pretty sure that it predated DOS.

    58. Re:About time... by TimTheFoolMan · · Score: 1
      If I give you a magic black box that you can put a fish in and the fish will turn into a chicken, and there's no way for you to take apart the box, then even though I'm demonstrating the effectiveness of the box in turning fish into chickens I'm not forfeiting any patent rights...
      Do you realize the folks from KFC are gonna be all over this?

      In the words of Ernest P. Worrell, "We fry chickens in this town."

      Tim

      (living in the home town of KFC corporate)

    59. Re:About time... by Anonymous Coward · · Score: 0

      ...and that's quite an impressive accomplishment, considering how stupid you were before.

    60. Re:About time... by Anonymous Coward · · Score: 0

      In fact, I remember hearing that someone using that same argument against the printing press....

      Wow, for someone who was around in 1450, you've got a pretty high Slashdot ID.

    61. Re:About time... by u-235-sentinel · · Score: 1

      ::sigh::

      This is a great example of why software patents are a bad idea. A patent on the FAT file system? Come on. If memory serves, Microsoft didn't come up with that idea. Wasn't it IBM and DrDos working on this well before Microsoft got into the game? Heck, Microsoft was going to license a competitors DOS for their use. Now they are claiming they wrote it?

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    62. Re:About time... by letxa2000 · · Score: 1
      See another post somewhere above yours. It is a design failure. Yes, given the inefficient design of FAT it might not have made sense to have long-filename. This is simply evidence that the design itself is inefficient. A variable filename format could have been implemented that would use only the space needed for the filename length in question. As the other post said, tell the user: "You can use 255 character filenames, but you're using up disk space to do it." That simple.

    63. Re:About time... by ratboy666 · · Score: 3, Informative

      FAT12 and extension to CP/M file system?

      No.

      "FAT" systems store the allocation table as a singly linked list on disc. Two copies, in case one gets mangled (but they are adjacent, which is not good). The directory is a list of names, and starting indexes into the allocation table. This makes random access bad, because you have to keep traversing the singly linked list to find blocks. (DOS of early vintage).

      CP/M also uses an allocation table, but it is not stored on disk. Instead, a file is broken into "extents". Each extent has a directory entry, and a fixed number of pointers to disk clusters. A single file will have more than one directory entry, if it contains multiple extents.

      CP/M built the allocation map for the disc when the disc is "mounted" (used the first time). It does this by reading the directory, and marking blocks that are in use by files.

      With FAT, you can have "cross linked" files. The singly linked lists representing the data blocks point into each other. With CP/M you can have multiple directory entries refer to the same data blocks as well. CP/M allows "sparse" files, which FAT doesn't. CP/M has better random access (two levels of index), although many programs pre-built access lists for DOS to improve random file performance (I did that for one application).

      CP/M limited file names to emulate PDP-10, FAT limited file names to emulate CP/M -- it's a push.

      And, finally, the patent is NOT on FAT, it is on the long file name extensions introduced with Windows 95.

      A "FAT" system was in place with Microsoft Disc Basic (AFAIR), Zilog also used a singly linked list block map in their Z80 development platform. I am sure that there is plenty more "prior art" for FAT.

      The idea of stored a hash long name into a fixed length directory in multiple pieces, using keys and checksums -- that is what is being contested.

      Ratboy

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    64. Re:About time... by Anonymous Coward · · Score: 0

      I dont maybe it was because I was alive and working back then. But I remember MS's only claim to using 8.3 is that is was superior to IBM and their 8 character filename limit. MS only did the minimum necessary work to make themselves only slightly better than their competition. Like they always do.

    65. Re:About time... by AJWM · · Score: 1

      Not 256 chars, like most *nix systems, but 14 chars, which is enough for most uses.

      Actually Unix filenames were originally limited to 14 chars too. 14 chars for filename plus 2 bytes for an inode number gave a nice 16-byte size chunk so you could fit an integral number of them into a block of a directory file. Stuff like that was important back in the day when disk drives of more than a few megabytes were both physically and fiscally huge.

      --
      -- Alastair
    66. Re:About time... by LO0G · · Score: 1

      FAT was designed to run on a machine with 16K of RAM (that's right, 16,384 bytes of RAM).

      And it ran just fine on that machine. There's no WAY that Microsoft could have implemented the code for variable length filenames in that amount of RAM.

      Not and do all the other things that DOS did (what little they were).

    67. Re:About time... by cellocgw · · Score: 1

      >>If filenames get much longer than that, they take too long to type
      >Longer filenames are very useful for things like MP3's. 14 characters is enough for most users? Kinda like 640K of RAM is enough, 540M on the orig IDE spec, 2G file sizes, etc?

      I don't think so. Shorter names are much easier to work with, and to remember. For example, how many books have titles with more than 64 characters? You go naming mp3 files with 200-char names and you'll never remember what they are.
      For that matter, remember folders (aka directories)? If you organize your files you won't need Xtra-long file names.

      --
      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
    68. Re:About time... by poot_rootbeer · · Score: 2, Insightful


      Everyone complaining about the 8.3 limitations of the original FAT filesystem, please remember, this was a product that came out in 1981, which ran on a 4.7MHz 8-bit CPU with as little as 16KB of memory, and was used with 160KB floppy disks. Sure, by 2004 design standards the FAT design is poor, but in those days where every bit of performance was necessary, the design compromises are a little easier to understand.

      (Also ,the IBM execs who bought PC-DOS from Gates & Co. may have been used to the 6-letter limitation of older IBM mainframes, so 8.3 might as well have seemed long enough to them.)

    69. Re:About time... by geeber · · Score: 0, Redundant

      "but 14 chars, which is enough for most uses. "

      You are absolutely correct, sir! And while we are at it 640 kB is enough for most uses, too...

    70. Re:About time... by walt-sjc · · Score: 1

      Um, I don't see how shorter names make things easier to remember. Sure I have songs in directory trees, but many titles are longer than 14 characters. With a 14 char limit, you have to start shortening names to the point where they no longer make sense. Even with directories, I still put the artist name in the file name along with the song name. It makes mini-collections much easier.

      Here is another example: kernel-source-2.6.5.tar.bz2
      It's very descriptive. How would you shorten it? krnsrc-2.6.5.tbz2? Nope, too long. Let's try ksrc2.6.5.tbz2... Ok, is it KDE now??? Oops, now we have the AC patchset for kernel 2.6.6.pre1 in a tar.bz2 file - what do we name that???

      Nope. I do not agree that 14 chars is enough. No way, no how. Creating a huge deep tree to get around file name limits is nuts. Makes file name completion that much harder, and navigating by mouse a shortcut to carpel tunnel problems.

    71. Re:About time... by operagost · · Score: 1

      VMS file names, even in the 20+ year old ODS-2 file system, can be much longer than 8 characters. But the node name is still limited to 6! It really limits creativity in naming nodes. I've seen the seven dwarfs, nuts, and stooges, but stuff like famous persons' last names are pretty much out of the question.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    72. Re:About time... by some+guy+I+know · · Score: 2, Informative
      Even the Commodore 64 / 1541 had "long" filenames [...] 14 chars, which is enough for most uses. [...] the Cobol Y2k [sic] problem was not a hardware limitation. Just a stupid design.
      That's a three-character difference (14 vs 8+3).
      I remember AT&T UNIX versions 6 and 7 had 14-character filenames.
      Longer filenames didn't appear until BSD UNIX (around 1980).
      This was done so that the filename and (16-bit) i-number could fit into 16 bytes.
      (Note that this limited the number of files on a filesystem to 65536.)
      I remember using an OS on a PDP-11 that squeezed 6+3 filenames into six bytes (upper-case + digits + some punctuation) back in the 1970s.

      Storage was very, very expensive back then.
      People did what they could to conserve space, including using short file names and two-digit years.
      Their design decisions were in no way "stupid".
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    73. Re:About time... by rbanffy · · Score: 1

      Apple II had long file names (longer than Macintosh, in fact) as early as the first Disk II hit the shelves.

    74. Re:About time... by Flyboy+Connor · · Score: 1
      Well, actually, fixed file name lengths make your record lengths fixed, which makes it MUCH faster to parse through the data

      You are absolutely right, but the remark was directed at the claim that 8.3 would save disk space.

      Furthermore, since MS-DOS did not sort files in the file system, it would not do a binary search, but always would go sequentially through all files. So no speed gain from a fixed file length. Again, because of Microsoft laziness.

      Finally, there are other ways to get speed apart from a binary search on sorted filenames with a fixed length. Hashing, for instance.

    75. Re:About time... by Anonymous Coward · · Score: 0

      A directory-based system is a lot more elegant than a hidden file. The fact that OS2/Mac EAs can't "round trip" to DOS proves this.

    76. Re:About time... by donheff · · Score: 1

      That is not uncommon in a reimburseable agency like USPTO. They are not in it to make a profit. In fact, they can't retain earnings. Excess funds go back to the treasury and reduce the debt. It is very difficult for OMB or the Hill to do anything specific with funds like that because they can rarely find a way to identify them in advance with any certainty (there are some recent exceptions). USPTO very likely sets its rates at a level that will more than cover their needs so they don't go in the hole.

      In saying all this, I am assuming that USPTO's total revenues are in the several $billion range. If they return $100M on revenues of a billion or less - they are doing a piss poor job.

    77. Re:About time... by squiggleslash · · Score: 1
      FWIW, FAT was very similar in design to CP/M's file system, which predates QDOS. Microsoft would find it difficult to claim ownership of FAT for that reason - those rights belong to Digital Research and its heirs.

      Microsoft can only realistically claim patents on what it improved. Long file names is one example, directories might be another, though most people would probably argue that both of Microsoft's solutions here are trivial.

      --
      You are not alone. This is not normal. None of this is normal.
    78. Re:About time... by ScrewMaster · · Score: 1

      That's nothing ... the original Apple ][ DOS had 30 character filenames. I wrote a lot of 6502 code for the Apple once upon a time. It was a real pain when I got into MS/PC-DOS having to fit everything into 8.3. That was one of my early experiences with Microsoft's brand of "innovation" and unfortunately it wasn't the last.

      --
      The higher the technology, the sharper that two-edged sword.
    79. Re:About time... by Audacious · · Score: 1

      Although others have pointed out that the fight isn't over the FAT system - I have noted that no one has even mentioned the mainframes and minis which came long before micros ever appeared.

      I've worked on Univac 1108's, 1106's, NAS 9000s, IBM System 3's, Honeywell systems, and the original Vax's as well as some PDP systems. These all used the 8.3 filename convention and is where (I believe) the usage of 8.3 filenames under DOS came about. (Remember original DOS used EBCDIC which is an IBM standard and the PC was to originally be a "very small" mainframe.) All of these mainframes had a FAT system in place for the usage of the disk drives. So there are decades of prior FAT usage and setup. So FAT and the 8.3 filenaming convention is a done deal.

      The usage of long/short names and the mapping of long/short names one to the other was done under Unix years before Microsoft even came along. This was called linking. Further, Digital Equipment Corporation, under VMS, came out with a method to do the same thing prior to Microsoft ever having done this. It is such an obvious misuse of the patent system that, as another poster put it, this is just another example of how broken our government is in this respect.

      The truth, as I see it, is that we are in a war over whether or not our original systems of Patenting and Copyrighting things, as created by the people who put pen to paper, will survive. When the rules were written; it was another time. A time when it took months or years to do even one thing. (Like filing for a patent.) In today's world things are vastly different and, with the push of a button, you can submit a patent on anything to the PTO. This reduction of time means that, at some point, it becomes an exercise in logic programming to generate new patents. The basic idea behind the Patent system was to guarantee time to an individual - because it took so long to recoup your investment - so they could make a profit. Today, some inventions are overnight successes. Granted - not all, but even the creation-to-market time span is shortening. Especially when there are devices out there that can create 3D objects. So the question becomes - is the Patent and Copyright system broken because of misuse - or because they are an outmoded methodology? I think the latter.

      Maybe it's time we re-invented the Patent and Copyright systems so they work in the modern world. For instance, centralize where all payments on Patents and Copyrights go. Standardize on how much has to be paid per P&C. (Like 1% of a company's gross has to be set aside to pay P&Cs. Or maybe a default amount per unit sold could be come up with. <Whatever is come up with - it should be fair - as in "Atom smashers are a lot more rare than bubble gum."> This would eliminate some P&Cs being sold at some high amount versus others which are paid only minimal amounts. And yes - there are some really stupid P&Cs out there. This is just a general methodology that I am writing.) Standardize how much is to be paid on Patents and Copyrights. Standardize how often payments are to be made to the holders of Patents and Copyrights. Standardize on how long Patents and Copyrights can exist. (I personally am in favor of the life of the author plus twenty years and no more. I am also in favor of making it illegal to change this in any way, shape, or form because of what we just went through via the DMCA. Or at least make it illegal to change it without the consent of the people. Not Congress and/or the Senate as both have been shown to be untrustworthy in this area.) Standardize top level categories. Create a standardized entry number system. Entry numbers into the system could be assigned based upon the importance/weight of an entry. (In other words - truly unique ideas are at the top. Those t

      --
      Someone put a black hole in my pocket and now I'm broke. :-)
    80. Re:About time... by $FFh · · Score: 1
      Do you really want to implement "copy or compare data from this pointer to a pointer until you get a 0x00" in assembly just to copy or compare a filename?

      Implement? sure! In Motorola 68k assembly, it's an entire four lines plus a label to jump to when done.
      file_read: move.b (a0)+,d0
      beq end
      move.b d0,(a1)+
      bra asdf
      file_done: nop
    81. Re:About time... by MegaSpam · · Score: 1

      You can't patent Band-Aid. That's a trademark.
      You'd have to patent adhesive bandages.

      --
      Kill two birds with one stone by killing a bird with a stone and then picking up the stone and killing another bird.
    82. Re:About time... by Anonymous Coward · · Score: 0

      yeah but u have to remember that this is
      like black magic to the thick amongst us :P

      Alex who groks it well

    83. Re:About time... by tombeard · · Score: 1

      My win95 box still has doskey on it. That's been around since somewhere around MSDOS 4.0 it think.

      --
      The reason we subjugate ourselves to law is to better procure justice. If law does not accomplish this purpose then it m
    84. Re:About time... by perlchild · · Score: 1

      a funny thought:

      (some) execs of companies dream of patents they don't have to sink a few half-million in research for

      The patent system is made to encourage them to sink those few millions.

      By that logic, the companies in the first situation are abusing the system, if we had a way to know for sure, we (sh/w)ould take away the first companies' patents away.

    85. Re:About time... by letxa2000 · · Score: 1
      Several versions of a disk operating system (MyDOS and SmartDOS, IIRC) ran on an Atari 400 with 16k and supported variable filename lengths.

    86. Re:About time... by Grail · · Score: 1

      My point being that Microsoft hadn't enforced their patents on the FAT file system for such a long time, that it's hardly fair (or justifiable) to start enforcing the patent now. If they didn't consider FAT to be worth protecting earlier on, they should face the fact that it's pretty much in the public domain now - you can't put the genie back in the bottle. If Microsoft had enforced their patents earlier on, the industry would have developed an alternative.

      "Genius is 5% inspiration, 95% perspiration" or so the saying goes. There's nice quip I saw the other day that defines patents in the same way:

      Genius is 5% inspiration, 95% perspiration. Patents are about doing the 5% now, waiting for someone else to put in the other 95%, and then suing them for it.

      Note that the "it" at the end applies to both the effort expended in violating the patent and the result of that effort ;)

    87. Re:About time... by oglueck · · Score: 1

      Well, actually, fixed file name lengths make your record lengths fixed, which makes it MUCH faster to parse through the data

      Well, the record length is still fixed in VFAT. But a long file name just uses multiple records. Of course it is still more complicated to find a file.

    88. Re:About time... by fm6 · · Score: 1
      The only problem is that Microsoft decided to use FAT and extended it for Windows 9x, but that's somewhat understandable from a compatibility standpoint.
      Where is compatibility an issue? Most software can't tell FAT from NTFS. They simply didn't want to expend the effort to write an NTFS driver 16-bit Windows. The rationale would have been that the end of that platform was in sight, but the real reason would have been that nobody wanted to hack new system software for a platform that was always flaky, and was becomming more and more a nightmare to develop for.

      There was always a need for NTFS support on 16-bit Windows, and third parties have provided it. If MS really thought in terms of their customers needs, they would have made a thorough move away from FAT early on. Instead, it's an ongoing problem. Even now, with the transition to NT more or less complete. I recently upgraded a client from ME to XP. It seemed criminal not to upgrade her filesystem to NTFS, but I knew doing so would tempt Captain Murphy.

  2. why now? by Anonymous Coward · · Score: 0

    Why not earlier, if they had this prior art?

    1. Re:why now? by Anonymous Coward · · Score: 0

      "They" means Dan Ravicher (PubPat), not the USPTO. Apparently PubPat has located prior art and is using it to challenge the patent.

  3. I don't know... by ATAMAH · · Score: 5, Funny

    I for one am sick of this patenting frenzy. What will they do when there is nothing left to patent? ...oh, hold on, i know - they'll start suing.

    1. Re:I don't know... by Dejitaru+Neko · · Score: 5, Insightful

      I really hate to sound like a troll (and I left out any "???" step), but...

      1. Patent random, generic idea
      2. Sit on patent
      3. Sue people
      4. Profit!

      It seems to me to be a trend all too often in the world today, particularly with software. Heh, I wonder what the world would be like if the first caveman to make fire had patented the process of creating friction by rubbing two sticks together.

      In regards to this context, I do not see why Microsoft should hold any power with this patent, seeing as how they sat around and let people adopt the format as a de facto standard. It's not like there is any secret to it, and I see it as just another plan of theirs to make people dependent on them and then extort them. The first hit is always free, huh?

      --
      Nyo nyo, the Neko Boy has spoken.
    2. Re:I don't know... by sql*kitten · · Score: 3, Interesting

      1. Patent random, generic idea

      You CANNOT patent an idea. You can only patent the IMPLEMENTATION of an idea. You're only looking at the title of the patent, which will be something generic like "A method for doing X". That's only to make them easy to search, the thing that matters is the text of the patent. In this case, MS doesn't have a patent on the idea of a filesystem, they have a patent on one specific filesystem, FAT. That's all.

      Patent discussions on Slashdot at meaningless, because 99% of the Slashbots think that the title of a patent is the entirety of the patent.

    3. Re:I don't know... by Jacques+Chester · · Score: 1

      Actually, you'll find I hold the patent on suing people.

      --

      Classical Liberalism: All your base are belong to you.

    4. Re:I don't know... by Anonymous Coward · · Score: 0

      they will paten humen body functions

      Ie: you pay to poo
      you pay to breathe
      you pay to sit, stand, and lay down

    5. Re:I don't know... by kahei · · Score: 1


      If you'd RTFA, you might know that this is not what MS have done. They patented a specific implementation, not a generic idea, and they never sued anyone over it.

      However, yeah, this is Slashdot, M$ evil, patents evil, and so on and so on.

      --
      Whence? Hence. Whither? Thither.
    6. Re:I don't know... by ckaminski · · Score: 1

      > Heh, I wonder what the world would be like if the first caveman to make fire had patented the process of creating friction by rubbing two sticks together.

      Oog, the caveman next door, would have brained him over the head, taken his women and his sticks, patented the "method of ensuring survival at all costs through forced retirement of stingy competitors" and pissed on his dead body on the way out.

    7. Re:I don't know... by Godeke · · Score: 2, Insightful

      While I agree with you that the theory is that you can't patent an idea, patents in the business process space have been so broad as to effectively allow patents on ideas. Not in this particular case, but do you recall when British Telegraph decided it owned the concept of the hyperlink? Or when a encyclopedia company (blanking on which one, google failed me) decided it owned the concept of a computer based encyclopedia (probably a desperate attempt to lock a market that has reduced multi thousand dollar encylopedia sets to a few hundred dollars for paper, and $50 for a CD). One click shopping (patenting the *concept* of storing data, not the actual implementation: if it was implementation, someone would have reimplemented via new methods in a hartbeat). Heck, there is the guy who is chasing people for presenting pictures of products on a site that allows purchase of those products.

      While in this case they are not claming a overly broad area, to say "You CANNOT patent an idea" seems to overlook the fact the patent office seems perfectly willing to issue such patents. A more accurate statement is "You can patent just about anything, but overly broad patents may be struck down at great expense".

      --
      Sig under construction since 1998.
    8. Re:I don't know... by Keeper · · Score: 1

      The patent doesn't even cover the filesystem. It covers a specific method of storing long filenames on a FAT filesystem.

    9. Re:I don't know... by ynnaD · · Score: 1

      This is happening with the human genome. A lovely little thing that just happens to make us, well, *[b]us[/b]* is being patented. This has been widely reported in new scientist.

      Although the laws regarding it have been toughened up, a huge number have already been granted. Whether companies have the right to patent what makes us unique has not been asked.

    10. Re:I don't know... by jelle · · Score: 1

      No, not an idea, but an invention. The patent is granted to the 'inventor', the names of which are at the top of the patent grant under 'inventors'. It says 'inventor', not 'guys who had this idea and filed for it first'.

      Too often these days, patents filings are not for an invention, but for a mere idea. And the patent office just approves too much junk sent to it. And that is what this case is going to prove for this patent, that it does not stand up against the nonobviousness test.

      I have good ideas all the time, but I'm not filing for patents five times per day, and so should all the weasels out there filing patents for nothing more than a dismal landgrab.

      "I have an idea, but I'm not telling anybody". Nobody will probably care about that, but when I say "I have an invention, but I'm not telling anybody", people get curious. And that is the whole reason the patent system exists, in exchange for a limited-term monopoly protection on the invention, society, science, and the economy gets to benefit from publication of the invention, and free use of it after the patent expires. But if the patent is just an idea and not an invention, it is not a patent true to the intent of patents, because its publication and later release will not further society, science, or the economy at all. In fact, it will have the opposite effect of what was intented for patents.

      --
      --- Hindsight is 20/20, but walking backwards is not the answer.
  4. How exactly does this work? by bsharitt · · Score: 1

    Would this patent affect anything that remotely interacts with FAT even just reading, or just things that write and creat FAT file systems.

    1. Re:How exactly does this work? by WwWonka · · Score: 1

      Would this patent affect anything that remotely interacts with FAT...

      God I hope not. I unknowingly tend to interact with FAT myself around bar time on the weekends.

    2. Re:How exactly does this work? by sharkb8 · · Score: 1

      They are currently just requesting reexamination of the basic FAT patent. It takes forever to draft the re-exam requests, so I think they're just trying to get a foor in the door on the FAT patent nonsense.

    3. Re:How exactly does this work? by EmbeddedJanitor · · Score: 2, Interesting

      While the patent stands it impacts on any device/product that implements FAT. Examples: Operating systems that implement FAT; CDs with such software; PCs loaded with such software; cameras, MP3 players etc with Compact Flash/SmartMedia etc cards; media (floppy disks, Compact Flash, SmartMedia cards,...) pre-formatted with FAT.

      --
      Engineering is the art of compromise.
    4. Re:How exactly does this work? by emtechs · · Score: 1

      As I recall there were a few device manufacturers (MP3 players, smartcard/CF readers, digital cameras) that signed on as licensees. I can't think of too many read-only FAT devices.... but if you limited your device to FAT16 (sort file names) you wouldn't be covered by this particular patent.

    5. Re:How exactly does this work? by Keeper · · Score: 1

      It effects nothing unless you want your device to interact with long file names on a FAT filesystem.

    6. Re:How exactly does this work? by fucksl4shd0t · · Score: 1

      I unknowingly tend to interact with FAT myself around bar time on the weekends.

      Hey, you know, FAT-bottomed girls make the world go 'round...

      --
      Like what I said? You might like my music
  5. Microsoft hasn't . . . by Anonymous Coward · · Score: 1, Insightful

    . . . bought off PUBAT yet? Given M$' track record with the EU and Sun, I figured they'd throw some money at the problem until it shut up.

    1. Re:Microsoft hasn't . . . by Anonymous Coward · · Score: 0

      If Dan Ravicher wanted money, why did he quit a job with a big New York law firm to start a non-profit?

  6. FAT Stolen? by Anonymous Coward · · Score: 0

    IIRC the FAT file system "borrowed" was from some other prexisting system.

    1. Re:FAT Stolen? by EmbeddedJanitor · · Score: 4, Insightful
      Lieke Edison "inventing" the light bulb etc, the true history of invention can be adjusted by suitable PR. The problem with a patent is that it stands until it is overturned. That MS only got the patent in 1996 means that they must have fought a long hard battle (like the Texas Instrument microchip one) to get the patent.

      Why wait until now to pursue it? Well if they'd kicked off an action in 1996 the mass of consumer electronic devices (cameras, MP3s etc) would likely not have adopted FAT.

      --
      Engineering is the art of compromise.
    2. Re:FAT Stolen? by bgspence · · Score: 1

      But, the point of the change is that each and every claim the Microsoft patent was claiming appeared it two other previous patents. Microsoft wasn't patenting something new or obvious. They weren't stealing someone's idea. They were wrongfully granted a patent based entirely on the claims of two previous patents!

    3. Re:FAT Stolen? by EmbeddedJanitor · · Score: 1

      Sure the patent was wrongly allowed. MS should never have been given the patent. However the USPTO did give them the patent and it stands, and is enforceable until successfully challenged and overturned.

      --
      Engineering is the art of compromise.
  7. They request all kinds of Patent re-examinations.. by sharkb8 · · Score: 4, Interesting

    If you're a lawyer-type interested in technology, send them an email.

    They have several interesting projects on patent re-examination, commentary on the patent process, etc.

  8. I've never heard of the Publlic Patent Foundation by KarmaOverDogma · · Score: 4, Interesting

    until now, but I love what I see as the idea behind the work they are doing: Fighting unwarranted, unfounded and/or improperly sworn/filed patents

    Go get 'em!

    .

    --
    uR iGn0ranc3, Their Power
  9. In other News... by Anonymous Coward · · Score: 5, Funny

    Microsoft has annouced it's purchase of United States Patent and Trademark Office.....SCO has been issued a patent for unix....the RIAA has been issued a patent for sound .....the MPAA has been issued a patent for light.....

    1. Re:In other news... by Anonymous Coward · · Score: 0

      Pretty funny faggot

    2. Re:In other News... by rock_climbing_guy · · Score: 2, Funny

      Hold it right there! That MPAA patent on light infringes on my patent on the electromatic force. have patents pending on gravity and the strong and weak nuclear forces.

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    3. Re:In other News... by nonewshere · · Score: 1, Funny

      sorry but your patents infringe on my patents for filing frivilous patents

    4. Re:In other News... by irokitt · · Score: 1

      Your patent for the force of gravity infringes on my patent for the creation of planetary systems orbiting around a star. My lawyer will be contacting you.


      "Life is white
      And I am black
      Jesus and his lawyer
      Are coming back..."

      -E, The Eels, "Novacaine for the Soul"

      --
      If my answers frighten you, stop asking scary questions.
    5. Re:In other news... by Anonymous Coward · · Score: 0

      I didn't think we needed to resort to the supernatural to explain sugar. I was under the impression it occurred naturally.

    6. Re:In other News... by bersl2 · · Score: 0, Troll

      Patent on hot grits issued to Natalie Portman?

    7. Re:In other News... by bergeron76 · · Score: 4, Insightful

      You guys laugh now, but keep your eyes on the prize.

      I recently saw a thread here on /. about port-knocking and it occurred to me that there should be a an OPEN-SOURCE/EFF style Patent Attorney Leauge dedicated to preserving Innovations that come from the Open-Source Community.

      We're paying BIG BUCKS for litigation attorneys in a DEFENSIVE role in protecting Open-Source / Free IP; why not take an offensive stance? The EFF should partition a portion of it's income (or otherwise hire some IP attorneys) for the purpose of protecting free IP.

      Organizations CAN obtain patents in the same way that Corporations can. As such, we should FIRST push innovation through a valid legal representative (the EFF comes to mind), and ask that they help Patent or otherwise "secure" the Intellectual Property. When the patents are granted, it will provide the open-source community with OFFENSIVE rights against companies like MSFT, et al.

      Why should we sit back and play "catch up" with the great industry marketers and non-innovators? We need to organize, re-group, appropriate resources and act like an adult - not a group of children chanting about things we believe in but aren't willing to back up.

      I know it might sound counter-intuitive to not get coolness-points by having your idea/project "slashdotted", but ultimately I think it will help the greater good to have our IP reviewed by a legit IP attorney (represented by the EFF or other org that is in our best interests) before posting it publicly (and INVALIDATING OUR VERY OWN Intellectual Property by demonstrating PRIOR ART).

      Why do we continue to post great ideas publicly and not preserve the rights to those ideas?

      Why do we continue to bitch about how we're getting FSCK'ed by the big corporations?

      I'll tell you why - it's because WE (the innovators) are giving our Ideas and Intellectual Property to the big corporations. We're handing it over to them on a silver platter. A perfect example can be found with the TCP/IP stack that IS Microsoft Windows 95-XP... That code is undeniably *BSD CODE!

      While I see no problems with the BSD licenses, I do see a problem when a company like MSFT that has the resources to buy a massive amount of Patents and the Open-Source community sits back and waits for the fallout.

      Do you guys not see the big picture? They can't beat us in the marketplace. They CAN beat us using legislation / regulation / lobbying / etc.

      Here's the bottom line:
      IF YOU REALLY BELIEVE IN FREE/OPEN SOURCE - WE HAVE TO BE PRO-ACTIVE - _NOT_ RE-ACTIVE.

      Software Patents suck - but they are the new reality. We need to either beat them or join them.

      Since WE'RE the origination point of the vast majority of thier "innovation", I say we beat them at their own game.

      --
      Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
    8. Re:In other News... by John+Starks · · Score: 4, Insightful

      That's the most ridiculous post I've ever read on Slashdot. It's probably a troll; I mean, the majority of your sentences are coherent, but there's just no logic from sentence to sentence. I imagine you like this guy, only with foam coming out of his mouth as well. But I'll respond anyway.

      You claim that Microsoft keeps stealing our ideas, that if they didn't have their patents, but we had patents, we'd win in the marketplace. Or something like that. It's not really clear. But allow me to refute that anyway. Look at GNOME. Look at Mono. Look at KDE. Now look at Microsoft Windows. Who is innovating, again? Who is copying who? And don't give me that crap about the BSD TCP/IP stack. Whether or not Microsoft "stole it," I'd hardly say that the TCP/IP stack is the "vast majority of [Microsoft's] 'innovation'". Whether or not you like their products, you'd have to be foolish to claim that all their good ideas came from open source software.

      It sounds like what you're calling for is a GPL for patents. I'm not sure how you'd word it. You can't sell products using this patent unless you release the source code under the GPL? Something like that? Get a clue. Not everyone likes the GPL. BSD folk will want to release code using your patents. Mozilla will want to include your new algorithms and whatnot. People such as myself will want to put code using your patents in the public domain. Oh, but too bad. We should extend the GPL virus.

      And if you meant that instead we should licence the patent to anyone, what's the point of paying the fees? You might as well just publish your software and not worry about paperwork. You'll have established prior art for the future by doing so. After all, patents are relatively easy to knock down with obvious prior art. It's the "obvious" part that's tough to claim.

      But let's say that we still think patents will help the open source community. Let's say that we manage to come up with some innovative idea and we patent it. Let's say Microsoft really wants/needs this technology. What will we gain? Microsoft has the funds to buy us off fairly easily. They also have the funds to get the patent invalidated without much hassle. But the small business software writer does not. He just can't use our technology. So he suffers, and Microsoft wins the day again. Who have we helped, again?

      No, patents for open source ideas is a horrible idea. It would merely make writing software more difficult for everyone, and especially for non-GPL fans. It would delay the development of open source software, hurting one of the key benefits of open source -- fast turnaround and constant development. And in the end, it would solve nothing.

      How did your post get a +5?

    9. Re:In other News... by aruil · · Score: 1

      Why should we have our source code reviewed by an attorney before publication? If publishing it creates prior art, we have an indisputable argument (albeit defensive) against a large company asserting intellectual property rights.

      Furthermore, being able to create an offensive right destroys the very idea of open source. It's about sharing code. What if wine had patented their procedure and sued winex?

    10. Re:In other News... by jimicus · · Score: 2, Insightful
      Since WE'RE the origination point of the vast majority of thier "innovation", I say we beat them at their own game.

      What with? Luncheon vouchers? If the Open Source community *does* fund lawyers to use Microsoft, MS have the money to keep on throwing lawyers at us ad infinitum. Yes, some lawyers take on pro bono cases. But there are limits.

      As a group, we are a lot of people, we could have a powerful loud voice. But it's unlikely we will ever be rich.

      Remember, politicians are in the minority and only there because they were voted there. If we can become sufficiently organised as to explain these issues to Joe Voter, we shall be more powerful than any amount of $$$//.

      Who's with me? Mail me and I'll post back with numbers.

    11. Re:In other News... by Anonymous Coward · · Score: 0

      This is a troll if I've ever seen one.

      > Software Patents suck - but they are the new reality. We need to either beat them or join them.

      > Since WE'RE the origination point of the vast majority of thier "innovation", I say we beat them at their own game.

      Let's get it straight. You basically said "Let's beat them by joining them".

    12. Re:In other News... by richieb · · Score: 4, Insightful
      Software Patents suck - but they are the new reality. We need to either beat them or join them.

      Not really. Patenting things just makes lawyers richer. The best way to fight patents is to publish your ideas and make sure that prior art is well established.

      --
      ...richie - It is a good day to code.
    13. Re:In other News... by torpor · · Score: 2, Interesting

      Not just that, what the People need is their Own Corporation.

      I see no reason why a corporation can't be founded to protect -all- individual details and information.

      "Life Product, Inc. - we keep your details safe."

      If I owned -stock- in the company that I knew had its soul purpose to protect not just my copyrighted material, but also my general 'life product' as art, then I'd be much happier having mega-corp know my weekly shopping list and able to tune its production/output accordingly ...

      --
      ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
    14. Re:In other News... by pangu · · Score: 1

      And itself for 1's and 0's.

    15. Re:In other news... by Anonymous Coward · · Score: 0

      Yes we do!!! God created everything. So there should be no patents granted to any human.

    16. Re:In other News... by LPetrazickis · · Score: 1

      Hold it right there! That MPAA patent on light infringes on my patent on the electromatic force. have patents pending on gravity and the strong and weak nuclear forces.

      MPAA is now suing under the DMCA anyone teaching post-Newtonian physics as a disseminator of knowledge primarily intended for the circumvention of copyright protection systems. These so called "Physicists" are an enemy of progress and innovation!

      --
      Is this a sigs-optional kind of place? 'Cause I am totally down with that if you know what I mean.
    17. Re:In other News... by ad0gg · · Score: 1
      Umm I donate money to EFF, and I don't agree the with your belief that EFF should be protecting open source IP. EFF is not about open source, its about our rights online. They protect our privacy, they protect our right to fair use. If you want to protect open source IP donate your money else where.

      The reason why I donate to the EFF

      --

      Have you ever been to a turkish prison?

    18. Re:In other News... by shadowpuppy · · Score: 1

      Actually the idea makes a fair amount of sense. We can't get rid of the pattent system. Fighting it costs valuable time and money. So we're left with yield and over come. The rest is just implimentation details.

      If the patent were handed over to say the OSDN or EFF, they could then handle the details for everyones benefit. Open Source developers could use it for free. And for profit enties would be required to pay X percent of the revenue for use. That X percent could then be fed back into the community.

      You complaints seem to be about the implimentation. That's fixable. I think if the implimentation were well thought out it could be quite benficial.

  10. Correct me if i'm wrong .. by naden · · Score: 5, Insightful

    But doesn't this just validate that the patent system albeit a little broken generally works.

    Surely everyone has to realise that patent officers can't be geniuses in their respective fields, because the genuieses are off inventing and discovering things.

    Hence the onus should be on making it easy to revoke granted patents the minute prior art is discovered. Otherwise it could take patent officers years to validate each patent.

    --
    Funtage Factor: Purple
    1. Re:Correct me if i'm wrong .. by Daniel+Dvorkin · · Score: 4, Insightful

      Surely everyone has to realise that patent officers can't be geniuses in their respective fields, because the genuieses are off inventing and discovering things.

      Well, there was this guy named Einstein, ever heard of him? ;)

      Seriously, no, most patent examiners aren't geniuses, nor should they need to be. They should definitely be technically competent, though. It occurs to me that with all the out-of-work techies, and the flood of tech patents coming through (many of which should never be granted) there's a real opportunity here ...

      And the system that gives the patent applicant the responsibility for the search for prior art seems absurd to me. Who the hell is going to put effort into finding something that will invaildate his own application?

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:Correct me if i'm wrong .. by Anonymous Coward · · Score: 0

      at first that sounds good.

      but then again, a patent is a powerfully awesome thing, its a govt granted monopoly on something.

      i think that should take years to obtain.

      a patent is a powerful piece of paper, that should only be given when its truly deserved.

      right now the mentality of it is, fill out the papers, some will work out.

      i dont mean to totally discredit what youy said., just add some perspective, because its a complicated issue.
      thats the problem with the idea.

    3. Re:Correct me if i'm wrong .. by DarkZero · · Score: 4, Insightful

      Correct me if i'm wrong ..

      But doesn't this just validate that the patent system albeit a little broken generally works.


      If giving a patent to anyone for anything that sounds vaguely technical and then waiting for the real inventor to come and prove himself, in spite of the fact that there are many people on the government's payroll with the job title of "patent examiner", is a system that "generally works", then I'd like to know what qualifies as "broken".

    4. Re:Correct me if i'm wrong .. by sumdumass · · Score: 2, Insightful
      seriously, no, most patent examiners aren't geniuses, nor should they need to be. They should definitely be technically competent, though. It occurs to me that with all the out-of-work techies, and the flood of tech patents coming through (many of which should never be granted) there's a real opportunity here ...


      I'm wondering if out of work techies would actually make things worse.

      Rite now you have overburdened undercompetent people making deciseions as best as they can based on what they can find out. With the out of work techies, you will have a bunch of flamers that lost a previous job probally because of lack of skill, overwhelming devotion to product from one companie, or some other companie making thiers close down. (really there are alot more valid reasons but these lend to my point).

      The point is you are going to more likly to have mistakes when someone born from the industry makes decisions baced on loyalties and other experience gained primarily from directions taken by the current marketing scheeme of the dominant comany. This type of knowledge and understanding would bias the process from the start. With this kind of influence, (or oposition to influence) a well crafted patten aplication would be more likley to market it's way into the aprovaly list or diaproval list (if it is from a disliked company)
    5. Re:Correct me if i'm wrong .. by p2sam · · Score: 1

      >Surely everyone has to realise that patent officers can't be geniuses in their respective fields, because the genuieses are off inventing and discovering things.

      ahem... Einstein ...

    6. Re:Correct me if i'm wrong .. by pbf · · Score: 1

      I think the patent office should be made liable for issueing bad patents. In case a patent is fought off and shut down, the patent office should have to pay damages to the people who sued to bring the patent down.

      This I think is the only thing that would make the patent office stop granting stupid/obvious stuff. Let one go and you have a class action suit to fight! Then it should also pay damages to the patent-holding entity for loss of business edge.

      There is really no reason to go after people holding bad patents (these are just using all available tools to make money), the patent office is the one that should be sued for granting such bad tools.

      --
      et les Shadoks pompaient...
    7. Re:Correct me if i'm wrong .. by auggie2001 · · Score: 1
      Not wanting to be a spelling nazi, but you messed up on Rite, deciseions, probally, companie, likly, baced, scheeme, oposition, patten, aprovaly, diaproval.

      Use spellcheck.

    8. Re:Correct me if i'm wrong .. by sumdumass · · Score: 1

      well i 'm glad you decided to play school teacher. i havn't had this mutch attention since last year in junior high.

    9. Re:Correct me if i'm wrong .. by auggie2001 · · Score: 1

      It's "much".

  11. Sadly... by Sheetrock · · Score: 4, Insightful

    This only weakens the concept of intellectual property. Why invent if you're just going to have to fight legal battles for the length of your patent?

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Sadly... by Bronster · · Score: 4, Interesting

      This only weakens the concept of intellectual property. Why invent if you're just going to have to fight legal battles for the length of your patent?

      Um - because if it really is a novel invention worthy of patent protection then all the later judges are going to throw it out of court immediately based on the previous decision, and if you're a scum sucking pond scum who's standing on the shoulders of the giants before you and setting up a toll gate to stop those who really are innovating then you bloody well deserve what you get.

      The concept of intellectual property was never designed to protect the sort of arsewipe who patents every piece of common knowledge they can slip under the noses of the patent office and makes a business out of milking their "valuable IP portfolio". If you're in the business of buying other people's ideas for the purpose of extorting money from people building the future on top of them, then I say good riddance to you - our current technology is built on the ideas of our predecessors, and who are we to stop our successors from learning from us?

    2. Re:Sadly... by Daniel+Dvorkin · · Score: 4, Insightful

      How many truly original inventions have been the subject of high-profile patent litigation recently? None that I can think of. It seems to me that the vast majority of patent cases lately have been corporations (corporations don't invent things; people do) trying to milk money out their competitors over unoriginal "inventions" that represent blindingly obvious and/or widely-used technologies that should never have been patented in the first place.

      And truly innovative people invent because they want to make the world a better place. If they make money off it, that's gravy, not the motivating force. It's the suits, who have never had an original thought in their lives, who go to court to try to squeeze a few more bucks out of the fruits of the labor of the people with brains.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:Sadly... by NortWind · · Score: 4, Informative
      This only weakens the concept of intellectual property.
      There is no such thing as intellectual property. Ideas are free, and always have been. There are copyrights, which restrict commercial use of original works. There are also patents, by which the governments grants the inventor of a novel idea a monopoly on the use of that idea for a limited time, for the express purpose of placing the idea into the public domain. Once an invention is patented, the patent is public record and anybody can read it at anytime, and come to understand the ideas contained in it if they wish.
    4. Re:Sadly... by sharkb8 · · Score: 3, Informative

      First, It's not a legal battle. It's just a request that the USPTO take another look at the patent in light of the prior art. If I'm not mistaken, Microsoft has the right to rebut the request, and PubPat doesn't gat to respond to Microsoft.

      Second, If it wasn't a bogus patent being weilded for compeitive advantage, no one would have requested a re-examination.

    5. Re:Sadly... by composer777 · · Score: 4, Insightful

      I can tell that you aren't an innovator, if you were, you wouldn't buy into the pro IP arguments that are made by slick businessmen like Bill Gates. The majority of innoviation is done by Phd's and undergrads working in university research departments, many of them vastly underpaid, and who receive 90+% of their funding for this innovation from the government, not corporations, with undergrads often living below the poverty line. Perhaps if you want to understand why they perform valuable research, for stipends that would made a junior high teacher blush, then maybe you should quit watching tv and ask one of them, the answer might surprise you. But, you're probably too lazy, so I'll give you the short answer. They innoviate, write software, design buildings, perform research, because they have a love for science and creating ideas, systems, etc.. Then once enough research is performed, in the pharmaceutical industry, for example, then the giant megacorp completes the last 1% of work required to test said drug and patent, and then rip off taxpayers to the tune of billions. Most of the "innovation" done by drug companies is developing better search engines so that they can more efficiently mine the public literature. That's right, you pay for the majority of the research through government grants, and then said corporation rips you off. Pretty neat, huh? And you wonder where your taxpayer money is going.... *smirk*

      Just as an aside, my handle is composer777, and yes, I have another degree in music. Much the same thing happens in music. Musicians practice and play because they love what they do. They get really good, then megacorp comes along, picks and chooses who they want, makes a bundle off the hard work of that musician, and tosses them away. If you ask them why they are so greedy, they'll tell you because it's the only way to motivate people to create good music. Bullshit, the best musicians would play no matter what they are getting paid. They charge $20 for a CD because they know morons like you are dumb enough to buy into their propaganda.

    6. Re:Sadly... by Anonymous Coward · · Score: 0

      Funny thing is that when Gates was the "little guy", he spoke out loudly against software patents.

    7. Re:Sadly... by geekoid · · Score: 3, Funny

      "...if you're a scum sucking pond scum who's standing on the shoulders of the giants before you and setting up a toll gate to stop those who really are innovating then you bloody well deserve what you get."

      rich?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:Sadly... by Anonymous Coward · · Score: 0

      That's right, you pay for the majority of the research through government grants, and then said corporation rips you off. Pretty neat, huh? And you wonder where your taxpayer money is going....

      I protest! I thought it was going straight to Halliburton.

    9. Re:Sadly... by gilesjuk · · Score: 1

      Well this may turn out to be another stick to beat Linux with. FAT support would have to be removed.

    10. Re:Sadly... by Lumpy · · Score: 1

      Musicians practice and play because they love what they do.

      in my spare time I am a amateur Movie Maker, many MANY great musicians give me the rights to use their music in my movies for free. same as I allow my moviesto be seen for free in the internet and at festivals.. (hell I PAY to have people see my films!)

      in fact much of Indie films and Indie Music is made for one reason... so that people will hear/see that creation. someone does not get into music to "make money".. my daughter is not becoming a great clarinet player because she heard that she can make gobs of money doing it.

      Kudos to you Composer777.... Nice to see there are other human beings and not simply the greedmonger slugs on this planet.

      --
      Do not look at laser with remaining good eye.
    11. Re:Sadly... by zero_offset · · Score: 1

      "High profile" implies media coverage, and that implies public interest. I doubt many people are going to get worked up over a patent infringement case that doesn't involve their TV, the remote control to their TV, or their car.

      How many high profile patent litigations can you cite AT ALL, not just recently? Only a few high-tech geek-specific things come to mind for me personally, and none of those would have generated the slightest glimmer of interest from the general public.

      Just because you haven't heard of them doesn't mean they haven't happened. (Not being a patent attorney myself, I also can't say they HAVE happened, I'm just arguging against your assumption that they haven't.)

      --

      Slashdot quality declines as the number of hot grits posts decreases. - Provolt's Law, Apr-09-2005

    12. Re:Sadly... by tiger99 · · Score: 1

      I think you meant to say "sick businessmen like Bill Gates". The guy is not normal, and much of the trash we have to put up with is the output from his random paranoid delusions.

    13. Re:Sadly... by stanmann · · Score: 1

      Funny thing, he didn't. IN fact when he was selling his basic for the Altair, he wrote an open letter about piracy.

      Love him or hate him, he's consistent.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    14. Re:Sadly... by Anonymous Coward · · Score: 0

      How about Shuji Nakamura's blue LED patents?

      Jeff

    15. Re:Sadly... by composer777 · · Score: 1

      Thankyou for the kind words. What's ironic, is that the poster that I responded to is on a site that promotes free software, software that is largely created for the pure reason that the people writing it love what they do, and yet his post is a question asking how we will motivate people to create new ideas and inventions without handing them huge sums of money. Am I the only one that sees the irony in that? He's got a counterexample to his idea staring him right in the face, and he can't see it.

    16. Re:Sadly... by Hirsto · · Score: 1

      This is way before your time but Edwin Howard Armstrong was an exceptionally high-profile inventor.
      http://world.std.com/~jlr/doom/armstrng .htm

      First he invented Super-Regenerative Receivers (they are now used in ALL garage door openers) and got screwed by ATT, then he went on to Super-heterodyne receivers used in all AM and FM radios, got screwed by RCA and then invented wideband FM and got screwed again by RCA and committed suicide.

      His wife then sued and settled with RCA for a million+ dollars, went after other companies like Sylvania and CBS and won. Her last win was against Motorola, which she won.

      Remember: "true innovation is always the work of individuals or small groups"

    17. Re:Sadly... by b-baggins · · Score: 1

      If it was so stinking obvious, why aren't you the one holding the patent?

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    18. Re:Sadly... by runderwo · · Score: 1
      There are also patents, by which the governments grants the inventor of a novel idea a monopoly on the use of that idea for a limited time
      Not just any use. Only particular uses; those that are expressed in the patent.

    19. Re:Sadly... by gaj · · Score: 1

      That specious argument is getting really damn old. If it was so stinking obvious, it SHOULDN't BE PATENTABLE!

    20. Re:Sadly... by b-baggins · · Score: 1

      Labeling something specious just because you don't like it doesn't make it so.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    21. Re:Sadly... by Rex+Code · · Score: 1

      This only weakens the concept of intellectual property.

      Good, because that concept sucks.

      Why invent if you're just going to have to fight legal battles for the length of your patent?

      Then don't invent. If you're not truly inspired we probably don't need another obvious patent stifling everyone else's progress.

      "Don't worry about people stealing your ideas. If your ideas are any
      good, you'll have to ram them down people's throats."
      -- Howard Aiken

    22. Re:Sadly... by Anonymous Coward · · Score: 0

      He did, and he is also smart enough to know the difference between copyright and patents. Unlike you. Bill Gates > stanmann.

    23. Re:Sadly... by ScrewMaster · · Score: 1

      Ask Henry Ford. He could probably give you some good advice in that regard.

      --
      The higher the technology, the sharper that two-edged sword.
    24. Re:Sadly... by iminplaya · · Score: 1

      This only weakens the concept of intellectual property.

      GOOD! The concept of intellectual property is absurd. It is as illogical as the square root of -1, or trying to divide by zero. This and similar events that will occur in the future will prove I'm right, which means nothing when the guy with a gun says I'm wrong. People will continue to innovate without IP. We just won't see anybody making millions off the "pet rock" and other junk inventions.("Studies show that our patented 'new and improved' formula will make your clothes 63 percent brighter!" Gliiinnng...). I think it was Norman Mailer that said that Fascism is the natural state, not democracy. IP is a perfect example. It can only serve a very small group of people at the expense of the general population.

      --
      What?
    25. Re:Sadly... by iminplaya · · Score: 1

      If you're in the business of buying other people's ideas for the purpose of extorting money...

      Ultimately, that's the only kind of business IP really helps. There are many new companies springing up just for this purpose. IP is becoming just another commodity(if it isn't there already), like oil futures. Like Federal Reserve Notes, it has no real value.

      --
      What?
    26. Re:Sadly... by Anonymous Coward · · Score: 0

      chopsticks

  12. heh by DarkHelmet · · Score: 3, Insightful
    was obvious and, as such, should have never been granted

    Like really... I mean, parts of the human genome are "obvious" and therefore shouldn't be patented.... no wait...

    --
    /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
    1. Re:heh by Kjella · · Score: 1

      Like really... I mean, parts of the human genome are "obvious" and therefore shouldn't be patented.... no wait...

      Oh, I don't know. I heard they were created through a very long experiment involving natural selection. I believe it's called "evolution". Now, discovering these genes and saying "I invented them, so I can patent them" on the other hand... And if you don't belive in that theory, well then the IP definately doesn't belong to those companies either. Unfortunately, the Allmighty doesn't seem too interested in enforcing his IP rights ;)

      Kjella

      --
      Live today, because you never know what tomorrow brings
    2. Re:heh by jtheory · · Score: 1

      Like really... I mean, parts of the human genome are "obvious" and therefore shouldn't be patented.... no wait...

      So... if you were sued and surrendered up the rights to your family's DNA to Microsoft, would Gates get to sleep with your wife? It all just gets too complicated for words. No, wait -- I'm mixing up patents with copyright.

      --
      There are only 10 types of people: those who understand decimal, those who don't, and, uh, 8 other types I forget.
  13. Hey.... by ambienceman · · Score: 0, Offtopic
    stop being so biased...I use HFS...

    And my name is Rick James, bitchhhhhh

    1. Re:Hey.... by Anonymous Coward · · Score: 0

      Rick James beats his dick like it owes him money, bitch.

    2. Re:Hey.... by ambienceman · · Score: 2, Funny
      That's why I'm makin' money off of Mr. Chappelle's stupid jokes, bitch. I got people pickin' up the greatest hits left and right. Goddam, I mean people who didn't even know who I was are callin' themselves the ol' boy Rick James. But get it right...

      I'm Rick James, bitch... The original

      And I Think Different. I have an Apple - G3 Pismo

      Bill Gates and FAT don't got shit on me, Steve, and HFS, bitchhh

  14. Wait a minute... by The+Master+Control+P · · Score: 4, Funny

    The ubiquitous format for exchanging mediums between computers? What about CD-ROMS? *coughISO-9960cough*

    It can't be a MS format, otherwise all my Microsoft-approved CDs from 10+ years ago wouldn't work in my new Microsoft CD-ROM drive with my Microsoft operating system.

    1. Re:Wait a minute... by Anonymous Coward · · Score: 0

      ISO-9960 is designed for write-once.

    2. Re:Wait a minute... by osiris · · Score: 2

      I think you may mean ISO-9660?

      details here

      ISO 9960 seems to be: Draughting instruments with or without graduation -- Part 1: Draughting scale rules

    3. Re:Wait a minute... by Anonymous Coward · · Score: 0

      Didn't Microsoft make one of the ISO-9660 extensions? Ah, yes, Joliet.

  15. Because you need to solve a goddamn problem by Perianwyr+Stormcrow · · Score: 2, Insightful

    If you don't have a problem to solve, then please don't invent. Save me some work. Sheesh.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

    1. Re:Because you need to solve a goddamn problem by bennomatic · · Score: 4, Insightful
      Too true, too true. And some of these companies invent problems to solve. Take razor companies like BIC and Gilette, for example. Do you know how many patents they have on the razor head for the Sensor XL? Something like 20. And half of them are on the mechanism for holding the head to the handle.

      Why do they do this? It's not really to make a better shave like they say. It's so that once they've spent millions of dollars pushing a particular product, someone else can't come out with "Sensor-compatible" heads to take away their massive profits.

      I understand that companies need to protect themselves, but it's one thing when they make something different that's better, and quite another when they've made something that's different and just better marketed. This sort of patent activity is a waste of time and an abuse of the system which makes it more difficult for legitimate inventions to be properly considered.

      OK, I'm done with my little soapbox rant. It's just that I know some people who are small inventors and have a few patents having to do with radiation detectors, and I've seen the work that he's gone through to protect his inventions, and it makes me sick to think that some huge company with a big IP law department can force through some ridiculous patent while it takes a little guy years to get the final paperwork on truly innovative concepts.

      Sigh.

      --
      The CB App. What's your 20?
    2. Re:Because you need to solve a goddamn problem by Saeger · · Score: 3, Interesting
      I thought it was hilarious when Gillette (I think it was them) came out with some gimicky QUAD-blade razor just a little while ago, and they had to get people to stop laughing by having a commercial that went something like "yeah, yeah, I know what you're thinking: 'Four blades? Come on!' But trust me... it's GREAT. No, really! Stop laughing"

      Probably bogus patents up the wazoo on that too.

      (Patents aren't going to mean much anyway once anyone can do desktop manufacturing for next to nothing.)

      --

      --
      Power to the Peaceful
    3. Re:Because you need to solve a goddamn problem by senatorpjt · · Score: 2, Funny

      I've decided to skip the 4-blade generation. I'll wait until they make one with 5 blades.

    4. Re:Because you need to solve a goddamn problem by Saeger · · Score: 2, Funny
      And I think I'll stick with the El Cheapo double- and triple-blades until a decade or so when I can just turn the facial hair gene off and/or direct my little swarm of smart nanobots to eat the unwanted keratin 24/7.

      --

      --
      Power to the Peaceful
    5. Re:Because you need to solve a goddamn problem by John+Courtland · · Score: 1

      Heh, then they fuck up and burrow into your skin, eating your fingernails and scalp/pubic hair as well. That's be a sight to see...

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    6. Re:Because you need to solve a goddamn problem by Saeger · · Score: 1
      I said it was a smart swarm, though. :) The mesh-networked colony of little buggers on my pinky's fingernail should know enough not eat the whole thing when I told it to leave a 0.25mm overhang.

      --

      --
      Power to the Peaceful
    7. Re:Because you need to solve a goddamn problem by BlackHawk-666 · · Score: 2, Funny

      I'm hanging out for a Gilette +5 vorpal blade - now that's shaving the smart way!

      --
      All those moments will be lost in time, like tears in rain.
    8. Re:Because you need to solve a goddamn problem by BlackHawk-666 · · Score: 1

      Just don't use the MS Swarm 1.0 series. They have some nasty bugs, tend to crash (and eat your scrotum - or other unexepcted side effects), and have remote exploits that allow hackers to execute code of choice ;->

      --
      All those moments will be lost in time, like tears in rain.
    9. Re:Because you need to solve a goddamn problem by foobsr · · Score: 1

      Erm ...

      I understand that companies need to protect themselves, but it's one thing when they make something different that's better, and quite another when they've made something that's different and just better marketed.

      I understand that companies need to protect themselves, but it's one thing when they make something different that's better, and quite another when they've made something that's not different but just better marketed.

      _?_ :_

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    10. Re:Because you need to solve a goddamn problem by Anonymous Coward · · Score: 1, Informative

      I thought it was hilarious when Gillette (I think it was them) came out with some gimicky QUAD-blade razor just a little while ago,

      That's Schick. They make the "Quattro". Gillette makes the "Mach 3".

    11. Re:Because you need to solve a goddamn problem by mvdw · · Score: 1

      I went to a seminar on patents run by my employer's IP management consultant, and the bottom line was that patenting something is a business decision, not an innovation-protection decision.

    12. Re:Because you need to solve a goddamn problem by walt-sjc · · Score: 1

      Nah, only the close-source Microsoft version. :-)

    13. Re:Because you need to solve a goddamn problem by default+luser · · Score: 1

      Maybe you should wait a little longer. I hear Gilette is coming out with a SIXTEEN blade razor that is just going to shock the entire market.

      Just look at this feature list:

      * Pore Shader v3.0
      * Quad Lubricant Mappers
      * 512-point crossbar handle interface
      * Real-time suspension systen (for accurate bump mapping)

      Sounds like the absolute best shave ever, but there are some cavaets. The razor can run with SIXTEEN blades, but only if you have to cut short hairs. Also, it also requires 2 additional plugs in your bathroom. Worse, you'll probably see reduced shaving quality in exchange for speed.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    14. Re:Because you need to solve a goddamn problem by iminplaya · · Score: 1

      The quad was Schick(sp). Gillette is "Mach 3".
      Remember this?
      "Triple Track, because you'll buy anything."
      That SNL skit ran over 25 years ago. There was another parody ad that showed a razor with 7 or 8 blades. Can't remember where I saw it.

      --
      What?
  16. Fat's no big deal... by MrRuslan · · Score: 1

    even if the paten would not get revoked altogh it should there are pleant of file systems that major company's can standardize on...it will be a pain it the ass for a little but cmon...pick one of the many better filesystems...write a driver for oses and devices and microsoft can go screw itself...

    1. Re:Fat's no big deal... by inertia187 · · Score: 1, Insightful

      No big deal?? Every disk that's preformatted with FAT is grounds for a retroactive refund. That means every preformatted thumb drive, flashcard, zip disk, stuper disk, and FLOPPY DISK since 1996 would be due if it were retroactive. I have no idea how many that is, but they've been paying Microsoft for a pretty long while, and it's no small amount, I'm sure.

      --
      A programmer is a machine for converting coffee into code.
    2. Re:Fat's no big deal... by MrRuslan · · Score: 1

      well i know the patent on fat is stupid...media can be formated with anything...and fat should be depracated because it's time for something new...perhaps a file system with more rubust metadata abilitys.

  17. Donate! by Dwonis · · Score: 5, Informative

    Don't forget to donate!

  18. Hopefully more to come! by code_echelon · · Score: 4, Insightful

    One down, hundreds to go!

    The patent process has become a hindrance to software development in many cases and it should definitely be much harder to get patent of this kind. Hopefully more patents in the U.S. and worldwide get challenged and discarded.

  19. new != original by acidrain · · Score: 2, Interesting

    How about a law that says a typical individual trained in the relevant art cannot reinvent the patented material in less than an hour? Just because you thought of it first does not make it original.

    --
    -- http://thegirlorthecar.com funny dating game for guys
    1. Re:new != original by sharkb8 · · Score: 1

      from dictionary.com:
      original:
      Preceding all others in time; first

      And IIRC, patents don't have to be original, an invention can improve significantly on another invention and be patented. There have been something like 300 patents for the paper clip granted.

    2. Re:new != original by Dejitaru+Neko · · Score: 1

      I wish some of those patent holders would make Microsoft lose that stupid anthropomorphic paper clip in Word.

      --
      Nyo nyo, the Neko Boy has spoken.
    3. Re:new != original by Edmund+Blackadder · · Score: 1

      There is a law like that 35 usc 103 - covering obviousness. However obviousness is a very tricky thing, and usually a patent examiners opinion of what is obvious is a lot narrower than that of the usual engineer.

    4. Re:new != original by mericet · · Score: 1

      That's the non-obvious requirement. It just needs to be enforced.

  20. Erghh by l0ungeb0y · · Score: 3, Funny

    I'm not too up on Windows but isn't FAT depricated?
    IIRC it's all about NTFS these days and FAT is mainly used for dual-boot linux situations or where you need backward compatabilty. So if correct, this dispute shouldn't be monumental, but still interesting. Good to see some one's out there trying to kill off as many bogus patents as possible, though I'm sure no one envies that job.
    Also I'm still surprised no ones show up with archaeological evidence showing that Windows was first used in earthen hovels eons ago.

    1. Re:Erghh by kasek · · Score: 5, Informative

      sure, NTFS is the file system of choice for newer windows boxes. but there are still plenty of other devices using the FAT system, such as digital cameras, mp3 players, personal video recorders, etc. still plenty of money to be made.

    2. Re:Erghh by MinusOne · · Score: 3, Informative

      > I'm not too up on Windows but isn't FAT depricated?

      Maybe for PC OSes, but have you used a CF or SD card in a digital camera? Or a memory stick? or any other small portable data container? They all use FAT32 or some related FS. The inneficeincies of teh format don't really apply to the media like that.

    3. Re:Erghh by KlaymenDK · · Score: 1

      Yeah NTFS is all the rage, but some of us (cough) still prefer the olde FAT32 format so we can use it from any OS (say DOS, for instance). Klaymen out.

    4. Re:Erghh by ecartz · · Score: 1

      NTFS is the recommended choice for fixed device partitions (e.g. on your hard drive). FAT (w/ VFAT extensions) is the standard with removable media (other than CDs, which have their own format): floppies, zip disks, media sticks, pen drives, etc. If the patent holds up and is enforced, it would mess up interoperability between Microsoft Windows and other OSes.

    5. Re:Erghh by surprise_audit · · Score: 1
      The point being that if Microsoft's FAT patent is upheld, they can selectively support or destroy companies that make those other devices.

      How about this scenario: in an effort to enforce DRM, Microsoft recommends to manufacturers of mp3 players that they build in checks for DRM labels that cause non-DRM mp3s to play badly or not at all. Company XYZ chooses not to comply and shortly finds their license to use the FAT filesystem has been revoked.

    6. Re:Erghh by lucas+teh+geek · · Score: 0

      shortly finds their license to use the FAT filesystem has been revoked.

      and shortly ends up running their device on ext3 or some other file system

      --
      TIAEAE!
    7. Re:Erghh by surprise_audit · · Score: 1
      and shortly ends up running their device on ext3 or some other file system

      ...which either is, or soon becomes, incompatible with Windows, thereby dooming the company to a niche market. Attempts to get drivers for their ext3 or other file system certified and signed by Microsoft are met with, "yeah, you're in the queue, but there's an 18-month delay due to the volume of requests." In the meantime, users attempting to install the unsigned drivers get a big, fat, hairy warning from Microsoft which says that installing unsigned drivers can completely fsck their systems.

    8. Re:Erghh by Progman2000 · · Score: 1

      I wouldn't say deprecated, just discouraged. Even though M$ is well entrenched at my office, we use FAT32 wherever possible so that we can still use simple bootdisks and disk utilities.

      For the moment this requires formatting drives with Windows98SE bootdisks, as NT5.1 won't format with FAT32 if the drive is over 4gb(?).

    9. Re:Erghh by EddWo · · Score: 1

      Well the new "Media Transport Protocol" that will be used to connect to mp3 and media players in Longhorn is actually a lot less dependant on the file system of the device than the previous Windows Media Player integration.

      http://www.microsoft.com/whdc/hwdev/tech/DMD/Med ia Port.mspx

      So you could create a Media Player that uses ext3 or ReiserFS and still integrate perfectly with the new media player and shell.

      --
      "Taligent is still pure vapor. Maybe they'll be the last who jumps up on Openstep... "
  21. In other news... by FrYGuY101 · · Score: 5, Funny

    Microsoft's patent on SUGAR and PROTEIN also being reviewed after a mysterious figure known only as 'god' claimed to invent them...

    --
    "If we let things terrify us, life will not be worth living."

    - Seneca
  22. I think that's the whole point by Elpacoloco · · Score: 4, Interesting

    On one hand, no patents means that inventing something immediately gets stolen, evil corporation profits millions of dollars, joe inventor gets squat.

    However, too many patents means that when joe inventor makes something, evil corporation sues him for violating patent 284958390*pi^12, "Use of energy to propell machine," and steals his work anyway, making millions of dollars while give the original invetor squat.

    1. Re:I think that's the whole point by bersl2 · · Score: 1

      Then bring on the quotas. Have one for Joe, and one for Bill, et al.

    2. Re:I think that's the whole point by tftp · · Score: 2, Insightful
      The number of "joe inventors" in the whole recorded history of humanity who got rich inventing can be counted on fingers of one hand.

      Most of patents are filed today by megacorporations, as a weapon against competition, and many of those patents are trivial extensions of known principles and ideas.

    3. Re:I think that's the whole point by gerardrj · · Score: 3, Informative

      Patents do not prevent other people from "stealing" an idea. A patent is just a recognition that the inventor was the first to write down and send the idea. That recognition grants but does not guarantee the inventor exclusive use of the idea for a period of time.
      Unlike copyright where MPAA, RIAA and other SIGs have purchased legislative insurance, there are not ( to my knowledge) any criminal penalties for patent infringement.

      --
      Article X: The powers not delegated... by the Constitution...are reserved...to the people
    4. Re:I think that's the whole point by surprise_audit · · Score: 4, Interesting
      There may not be criminal penalties, but a patent holder can still sue a patent infringer. And unfortunately, the little guy doing the suing has to have a big warchest simply to start the process. If he wins (or settles out of court), he may get a settlement that looks like a big pile of money, but is in fact mere pocket-change to big business.

      Which prompts the question: is the patent holder obliged to license his patent to anyone that asks, or can he grant licenses to some applicants and not to others??

    5. Re:I think that's the whole point by Kindaian · · Score: 1

      Not really...

      Most of the patents today are submited by companies not by individuals.

      The only thing that a "no-patent" system would do is to make mandatory that companies improve constantly on their products and services around their products.

      Which in my humble oppinion would be a "good thing" (tm).

    6. Re:I think that's the whole point by zero_offset · · Score: 3, Interesting

      I don't know what you consider "getting rich", but you might be surprised at how many people out there make a few million off one dumb idea or another. For instance, the guy who thought up those automatic pet-food dispensers is worth something like $3M purely from licensing that silly little idea.

      In fact, it probably says a lot that a multi-millionaire simply flys below the radar of "rich folks" these days. Granted, there are lots of people who are vastly more wealthy for other reasons, and certainly there is more money being made off patents by medium and big companies -- but that doesn't mean individual examples are particularly rare.

      --

      Slashdot quality declines as the number of hot grits posts decreases. - Provolt's Law, Apr-09-2005

    7. Re:I think that's the whole point by ckaminski · · Score: 1

      Define rich, indeed. I know one guy getting rich off pelletized regrind plastic for use in aquariums.

    8. Re:I think that's the whole point by gerardrj · · Score: 1

      The money issus is exactly what I was, obliquely, pointing out. The "small guy" ususally can't afford to protect a patent against a large corporation bent on stealing it and the government will not assist in the patent's defense through criminal proceedings. The government makes bo guarantee that your patented idea will not be stolen, nor does it do anything to prevent it. We have criminal tresspass/theft laws for most physical property, but not for patents.
      I'm also now thinking about the irony: if someone stole your actual patent, the booklet/certificate, that would be a crime which the government file charges, but the idea that the patent protects is not afforded the same protection.

      On your second part, I think the law is nearly completely silent on any requirement. A quick search of the US Code shows only two requirements for mandetory licensing of a patent to anyone:

      1, 42 USC Sec. 7608, or Title 42 Chapter 85 SubChapter III, and it relates only to a pollution control device and only when "there are no reasonable alternative methods to accomplish such purpose".

      2. 42 USC Sec. 2188, or Title 42 Chapter 23 Division A, Subchapter XII, which relates to monopolistic use of a patent for "utilization or production of special nuclear material or atomic energy".

      I don't know that anyone's ever argued in court that patent licensing is subject to federal anti-discrimination laws, or that a patent holder was required to license on a "fair an equal" basis. I think it boils down to "your patent is your property". The government would not tell you you must loan/lease your dishwasher to anyone who wants to use is, so they wouldn't require you to loan/lease your patent to anyone who wants it. The difference is that if someone steals your dishwasher there is a crime, not so for patented ideas.

      --
      Article X: The powers not delegated... by the Constitution...are reserved...to the people
    9. Re:I think that's the whole point by MrResistor · · Score: 1

      I couldn't agree more.

      I know 2 guys that have done quite well for themselves off of one or two dumb ideas, and another who's on the verge.

      My in-laws neighbor is the only one I would call "rich", but I don't know how rich he is. I know he owns a Dodge Viper and a fair amount of heavy equipment (Steamroller, bulldozer, etc.) which he keeps at his house for personal use, and I know he bought a Honda(?) dealership because he was buying new Quads, jet skis, snowmobiles, etc so often that he figured it would save him money in the long run (not a Honda car dealership, obviously). I don't even know what his origional dumb idea was, just that he and his brother built a company around it and sold it.

      Another guy owns a kite string factory. He doesn't actually make string, though rumor has it he was involved in the developement of Spectra, but he does have patents on a couple of machines which put usable lengths of it on handles/spools/etc that are more convenient for kite flyers. Now, these machines are just plywood benches with timer controlled electric motors on them and some sort of custom clamping mechanism to hold the handle (often also plywood). I wouldn't call him rich, but he's been able to support his family and grow his business over 25 years to where he has about 10 full time employees and maybe another 20-30 during the "on" season.

      The last guy invented a motorized wheelbarrow (which has been done before, but he's come up with several improvements which he patented). He's just starting up his company now, but things are promising enough that he was able to quit his old job and focus on that.

      None of these guys are really rich, in the sense that they're able to live the extravagant lifestyles that you see on TV, but they're doing quite well, and they likely won't have to worry about retirement or if there'll be anything left to pass on to their kids.

      I wouldn't say that being worth a few million makes someone rich, though. My grandmother's estate turned out to be worth something like $7M, but a lot of that was tied up in investments. She was able to live comfortably off the dividends and even do some travelling, but I don't think anyone would have really considered her "rich".

      That said, I'll be a happy guy if I'm able to live as well when I'm that age.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  23. Bless PUBPAT by emtechs · · Score: 5, Insightful
    I hadn't heard of PUBPAT before but in a cursory glance at their site they seem to be making the 'DUH!' exclaimations so many of us do when we see a dumb patent - but in formal requests to the USPTO.

    It has been quite frustrating to see companies not bother to take these steps. Corporations with significant IP portfolios tend to let it slide knowing that they can just exchange usage of their own silly patent rights if there was ever friction. In the end only the new players (aka innovators!) are victims.

  24. Open source patent office? by Atario · · Score: 4, Interesting

    Is it possible to make patent approvals open-source? Which is to say, volunteers (preferably, whole teams thereof) would do the work done now by individual patent clerks (Patent reviewers? Whatever they're called), with all decisions publicly reviewable and modifiable.

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    1. Re:Open source patent office? by Ieshan · · Score: 5, Insightful

      It's called Science.

      Here's how it works.

      You discover something. To let everyone know about it, you write a paper, and you send it off to a journal. That Journal has other experts in the field read what you've done. If they like it, they tell everyone else about it by printing it up in this little book. If they don't, they tell you to a) revise it, or b) go away.

      Yeah, I'm pretty sure thats what you're looking for.

    2. Re:Open source patent office? by sn2k · · Score: 5, Insightful
      Is it possible to make patent approvals open-source?
      No I can hardly believe somebody could seriously sugest this. There is no way that everybody is going to agree on whether or not every patent is valid. In fact, a bigger problem is what would stop people with a conflict of interest in getting involved. I could just imagine Microsoft or another company paying people to "volunteer" and aprove every one of their patents. Or you could look at it the other way. I'm sure that slashdot and a bunch of other anti-microsoft sites could go and invalidate every one of microsoft's patents.
    3. Re:Open source patent office? by perlchild · · Score: 4, Interesting

      That's why the patents process normally applies to technology, not science. But ever since patents started covering ideas, and not the technological items that represent them, tne line has been blurring...
      Software patents(and the dreaded algorithm patent sure to come out someday if the trend doesn't stop) further blur the distinction.

      *steps on soapbox*
      now it appears to me that part of the problem with patents and copyright is that the public instinctively associate them with the inventor/discoverer/original author, and we're fine with them, until such rights are sold then we become not so fine with it. For one, it's a lot simpler/more instinctive to sort out who disovered something, if it's an individual making the discovery, not a corporation. In that same line of thought, what happens when those rights are transferred, and for instance, how to get the original author to unlearn what he sold, gets a lo more confusing.
      Trademarks, as a rule are purely corporate/marketing concepts and have far less contestation going on... They also have to be defended constantly...
      Copyrights are especially problematic, as copyright ownership gets regularly extended for corporations (technically, you could even view the legatees of an author as a corporation, THEY DIDN'T WRITE THE BOOK) to protect little mouses, and such... Yet the author in many cases is long dead... before the first lawyer gets paid... (Not that I object to heirs of authors and such to benefit from the work of their forebears... I do however insist on the fact that by that point, the original intent of copyright: to encourage the author to produce more work, because his rights are protected, will take a lot of doing to respect: he's dead, he won't write that many books anymore...
      You might say part of the problem is that the public recognizes a right to a discoverer/author as an individual, for a limited duration, but it becomes a lot less instinctive when those are transferred. Perhaps making them non-transferrable would keep the legislation on this topic, at least understandable by someone without a major in minor in intellectual property...

    4. Re:Open source patent office? by Neo-Rio-101 · · Score: 1

      I was hoping that the Soviet Russia joke would go: In Soviet Russia, you don't file patents. Patents file YOU!

      --
      READY.
      PRINT ""+-0
    5. Re:Open source patent office? by rastos1 · · Score: 2, Interesting

      Sounds like RFC definition to me.

    6. Re:Open source patent office? by KlaymenDK · · Score: 1

      I can hardly believe somebody could seriously sugest this.

      Well, I can -- and I think it's an excellent idea. At least in theory -- in practice, I agree with the rest of your post.

      Sigh!

    7. Re:Open source patent office? by localman · · Score: 1

      Right... you can't get everyone to agree, so everything must be done by dictatorship!

      My guess is that it could be done through some sort of vote. Not saying that it would really be a good idea, but it's certainly possible.

      Cheers.

    8. Re:Open source patent office? by ecartz · · Score: 4, Interesting

      "I'm sure that slashdot and a bunch of other anti-microsoft sites could go and invalidate every one of microsoft's patents"

      You say that like it's a bad thing.

      Anyway, I'll try to come up with a "open source" patent system that addresses your concerns:

      1. Anyone can submit a patent. The patent is publicly available immediately. The patent is assumed to be valid (no initial review).

      2. Anyone can contest a patent by submitting prior art (or bringing up another weakness in the patent application). The original submitter(s) have a choice: admit the prior art (which invalidates the patent) or argue the point. If they argue, the disagreement goes to a patent examiner. The loser pays for the patent examiner's time.

      3. Normal legal appeals apply.

      This system should actually be cheaper than the current system. The patent examiner is no longer expected to look for prior art. Instead, it will be submitted by the contesting party. Thus, the patent examiner doesn't have to spend a lot of time on the case. The loser pays method encourages the parties to come to an agreement prior to the examination.

      This system also encourages sharing more than the current system. Since the initial filing no longer requires an expensive application, there is no reason not to submit the patent (and its enclosed information). This avoids the current problem of people not having the resources to pursue a patent application, so they simply keep it secret and hope for more resources in the future.

      The biggest weakness? Noise. There would be a lot of junky patent filings. Of course, some would ask how that is different from the current system.

      There is also an argument in favor of eliminating patents except for pharmaceuticals. Many patents are defensive (to protect against others patenting one's invention). Other patents are just moonshine (i.e. they will never be licensed or used by anyone else). The primary purpose of invention is for one's own use...no patent needed for that.

    9. Re:Open source patent office? by bug-eyed+monster · · Score: 3, Insightful

      There are two problems here.

      One is the type of technology being patented. We're seeing more and more patents on procedures (business, medical, software etc). Procedures can be described in terms broad enough to cover situations that didn't even exist when the patent was filed, and it's hard to know what term will be too broad tomorrow: "computer network" was specific enough 15 years ago but too vague 5 years later.

      Two is the way patents are used today. The goal of a patent was to allow the inventor to license and sell their technology through partners without fearing the loss of ownership (my favorite example is Dolby noise-reduction). But today, many US patents have become no more than instruments of litigation. They're not there to let the inventor find partners, but to let the patent owner shoot down their competitors.

      An open-source patent office may fix the first problem by declining all procedural patents, but that's better solved by reforming the patent office's charter. It won't fix the second problem because it can't predict how the inventor will use a legitimate patent.

    10. Re:Open source patent office? by nickco3 · · Score: 1

      The patent system has been heading in more-or-less the direction you suggest for some time. This is actually how it works:

      1. Anyone can submit a patent, in practise the patent examination is little more than a rubber stamp.

      2. Anyone can contest a patent by submitting prior art (or bringing up another weakness in the patent application). The original submitter(s) have a choice: admit the prior art (which invalidates the patent) or argue the point. If they argue, the disagreement goes to court. In some jurisdictions the loser pays costs.

      3. Normal legal appeals apply.

      --
      -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
    11. Re:Open source patent office? by Anonymous Coward · · Score: 0

      Maybe patents should be only an "author" right. Copyright being a "comercial" thing that you can sell and buy. But it's ONLY the author/programmer/lyrics writer/donut designer/... who has to have the patent.

      Or even better: no patents, just copyright and intelectual property NOT sellable. If you discover something it's YOU who discovers it, not the one that puts the money to "buy your knowledge"

      (sorry for my English) :)

    12. Re:Open source patent office? by ecartz · · Score: 1

      1. A "rubber stamp" that frequently fails on the first try and costs thousands to prosecute to conclusion (in fees and preparation costs).

      2. A court is going to be reluctant to overrule the result of the original patent examination. The court is even more of a generalist than the patent examiner. As such, they can be expected to be even less capable of appreciating the technical details of individual cases. It is natural to rely on the patent examiners judgment unless a strong reason is offered to disregard it.

      Under the current system, we rely on the patent examiner to maintain an adversarial relation with the applicant. Patent examiners are required to meet a quota of applications processed. If they refuse the application, it might come back (in a renewed application).

      Under this system, the patent reviewer is more of a mediator. The fees can be time based, so there does not need to be a quota. The parties can spend as much time as it takes to do a thorough review. Further, disputes can potentially come back when patents are *not* invalidated (i.e. multiple attempts can be made to invalidate the patent; the process finishes when the patent expires or is invalidated).

      Before the dispute reaches the court, a thorough review can actually be done. If it is not, it is only the fault of the disputants, as they determine the length of review for which they are willing to pay.

  25. The key word is yet by MacFury · · Score: 0, Troll
    bought off PUBAT yet?

    They key word being yet. This will turn into some type of out of court settlement rather quickly. M$ doesn't follow by the legal system's rules, it writes them.

    1. Re:The key word is yet by nonewshere · · Score: 0

      "Writes them", don't you mean buys them!

  26. Re:They request all kinds of Patent re-examination by irokitt · · Score: 1

    Did you know that Einstein was working as a patent clerk while he was developing his theory of Special Relativity? Apparently he had some time on his hands, but imagine what some of his contemporaries might have thought about "that upstart clerk" ;)

    --
    If my answers frighten you, stop asking scary questions.
  27. old news by deathazre · · Score: 0, Offtopic

    got posted earlier today... er... yesterday now I guess.

    --
    Karma: Negative (Mostly affected by dorm trolling)
  28. Anti-trust? by EmbeddedJanitor · · Score: 5, Insightful
    Shameless bastards.

    Microsoft has actively participated in various forums to get the world hooked on FAT. Now they're wanting to charge for it.... Part of how they got there was by exerting their power over the desktops (which smells of anti-trust). For example FAT is part of the SmartMedia spec and has got incorporated into SmartMedia cards and hence the peripherals. I bet Microsoft would have refused to get involved with a non-FAT file system and essentiually the camera etc vendors had to choose between some other standard and being able to hook their cameras to Windows PCs.

    Now there are a lot of other flash file systems out there that work with SmartMedia cards etc, but they are not supported by MS and never will be.

    --
    Engineering is the art of compromise.
    1. Re:Anti-trust? by FrYGuY101 · · Score: 1

      The same thing happened with Unisys and the LZW patent and their attempt to charge fees on GIFs. My bet is the same thing will happen in the end... their strategy of ignoring the use of their pattern until the format becomes ubiquitous to start charging backfires, as the widespread usage pretty much places it in the public domain... Then again, I ain't a lawyer. Just random musings...

      --
      "If we let things terrify us, life will not be worth living."

      - Seneca
    2. Re:Anti-trust? by EmbeddedJanitor · · Score: 2, Insightful

      I don't think the Unisys thing would be considered anti-trust since they did not use a position of power to influence the uptake of GIF. (ie. they didn't say "we own graphics so you better use GIF").

      --
      Engineering is the art of compromise.
  29. About time by davmoo · · Score: 4, Informative

    I remember file systems based around the ideas of FAT at least back to the Apple II+. And if I'm not mistaken, Apple's literature referred to it as "FAT" (I wish now I hadn't given all that old stuff away a few years ago).

    I don't see how this patent could possibly be held valid...well...wait a minute...this is the US Patent Office we're talking about here. We should be afraid.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:About time by TechyImmigrant · · Score: 4, Informative

      "And if I'm not mistaken, Apple's literature referred to it as "FAT" (I wish now I hadn't given all that old stuff away a few years ago)."

      Don't think so...
      From 'Beneath Apple DOS', the major structural elements are..

      VTOC - Volume Table of Contents
      The Catalog - Kind of obvious
      The Track/Sector List - Also kind of obvious

      --
      Evil people are out to get you.
    2. Re:About time by Anonymous Coward · · Score: 1, Funny

      Score 5, Apple

    3. Re:About time by davmoo · · Score: 1

      Ah, thanks for refreshing my memory on VTOC. They say that loss of memory is one of the three main signs of old age. I never can remember the other two...

      Seriously, while the terminology may be slightly different, the basic ideas of FAT are identical to VTOC. Only the acronyms have changed. Microsoft's patent should be squashed like a bug.

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    4. Re:About time by Tweester · · Score: 1

      So they didn't store the next T&S inline in the sector data?

  30. Obligatory Family Guy Quote by Dejitaru+Neko · · Score: 5, Funny

    Well, there was this guy named Einstein, ever heard of him? ;)

    Einstein: What is it you would like to patent?
    Smith: I call it Smith's Theory of Relativity.
    Einstein: ... *ruffles through the pages, knocks Smith unconscious, and runs off with the papers*

    --
    Nyo nyo, the Neko Boy has spoken.
    1. Re:Obligatory Family Guy Quote by Anonymous Coward · · Score: 0
      I've found that you can simulate the performance of a FAT filesystem by running the following command in a terminal window in the background:
      perl -e '$??s:;s:s;;$?::s;;=]=>%-{<-|}<&|`{;; y; -/:-@[-`{-};`-{/" -;;s;;$_;see'
      Basically, this causes a temporary but rapid degradation of filesystem performance. You can just Ctrl-C out of it when you're done.
    2. Re:Obligatory Family Guy Quote by Anonymous Coward · · Score: 0

      My perl is non-existant but my guess is that one-liner in the parent post is an obfuscated

      "rm -r /"

      Don't run unknown one-liners of any language found
      on /. unless you know what it does.

    3. Re:Obligatory Family Guy Quote by IGnatius+T+Foobar · · Score: 1

      Laugh if you want, but replace "Einstein" with "Edison" and you'd basically be correct. Look at how famous Thomas Edison is. Schoolchildren are taught what a genius innovator he was. But if you really dig deep, and do your own research, you'll find that Edison was basically the Bill Gates of his day -- he spent most of his time ripping off other inventors' ideas and using them in more aggressive business models. Edison had a lot of patents because he knew how to play the patent system.

      --
      Tired of FB/Google censorship? Visit UNCENSORED!
  31. Devils advocate by Syncdata · · Score: 1, Redundant

    Was not Linux merely a hacked version of unix?
    Yes, yes, I know they are not the same. But neither is 32mb and 2gb.

    --
    "Inattention makes clowns of us all" -Bean
    1. Re:Devils advocate by Anonymous Coward · · Score: 0

      The sizes 32mb and 2gb are never mentioned.

    2. Re:Devils advocate by LittleBigLui · · Score: 4, Insightful
      Was not Linux merely a hacked version of unix?
      Yes, yes, I know they are not the same. But neither is 32mb and 2gb.


      Wait a second... Assume Data Structures A and B (c-style pseudo code):
      struct A {
      byte filename[255];
      int directoryId
      int clusterId
      bit length[12];
      bit hidden;
      bit system;
      bit readonly;
      //...
      }

      struct B {
      byte filename[255];
      int directoryId
      int clusterId
      bit length[16];
      bit hidden;
      bit system;
      bit readonly;
      //...
      }
      And take Operating Systems X and Y, where Y is implemented from scratch to work similar to X. Please take into account that the source tree of Y currently is over 200 MB (2.6.5-mm1, unpacked).

      Do you seriously want to claim that the difference between A and B is anywhere close to the difference between X and Y?

      IMO that's a bit like telling me that accidentially inhaling (and thereby killing) a fly in my sleep is pretty similar to the holocaust. Or claiming that a single molecule of Water is pretty similar to the atlantic ocean. Or claiming that the "word" "GATC" is pretty similar to all of mankind.
      --
      Free as in mason.
  32. The freedom to steal! by Phidoux · · Score: 0

    Ooooops! I mean innovate!

  33. It's actually the long file names patent by mistshadow · · Score: 5, Informative

    If you go to their "Activities" page and read the request itself, they are talking about:

    5,579,517

    which covers the "long file names" stuff Windows 95 introduced, and they site two patents:

    5,307,494 to Yasumatsu et al., and
    5,367,671 to Feigenbaum et al.

    as new prior art.

    1. Re:It's actually the long file names patent by XNormal · · Score: 2, Interesting

      As much as I hate to admit it the methods they use to store long file names in directory entries in a backward-compatible way are novel (for the time) and non obvious - hence patentable.

      IANAL, but the patent would seem to apply to the VFAT driver in Linux. A driver that only reads long filenames but does not generate them should probably be be ok as one patent claims the method of writing and the other patent claims media formatted according to this method.

      Microsoft are currently targeting makers of devices such as digital cameras and PDAs that use FAT on removable flash devices. At least cameras should be able escape the patent as the standard DCIM format only requires 8.3 filenames.

      --
      Stop worrying about the risks of nuclear power and start worrying about the risks of not using nuclear power.
    2. Re:It's actually the long file names patent by mistshadow · · Score: 1
      ...except that the two prior patents pretty clearly cover the invention, so that MSFT's patent isn't valid.

      5,307,494 in particular is exactly "how do I store long filenames in a filesystem which doesn't support them", and was granted a year and two days before the microsoft patent. Here's the abstract:

      A method of augmenting the length of the name of a file in a computer system which allows the use of file names longer than otherwise allowed by the system. A file name table is searched for a table entry corresponding to a long provisional name. An actual file name contained in the corresponding table entry is used to access the file.
    3. Re:It's actually the long file names patent by Anonymous Coward · · Score: 0

      Thank you for the patent numbers. New rule for slashdot story submissions: No story about patents that does not contain the patent numbers will be accepted.

    4. Re:It's actually the long file names patent by Tweester · · Score: 1

      Damn, doesn't it need to actually work in order to be patentable? Went through xcopy hell recently trying to back up data from a trashed ME box.

  34. LOL! by Daanji · · Score: 0, Offtopic

    Did anyone else read "PUBPAT" and instantly think pubic? What a name!

  35. To Microsoft's credit.... by Anonymous Coward · · Score: 0

    In their original FAT patent announcement, they mentioned that they weren't trying to enforce it against software.

    Not that it should exist at all, of course...

    But let's give them credit when they only score a 5 on the evil scale instead of their normal 8 or 9.

  36. And now you'll see how the patent system works... by kcbrown · · Score: 5, Insightful
    ...I mean, really works.

    Before, the patent (on browser plugins) being challenged belonged to an individual who was suing Microsoft and even managed to get an injunction (can't remember whether they actually ordered Microsoft to pay or not).

    That patent was quickly challenged and nullified. While the w3c and other groups initiated the challenge, I think the reason the patent was nullified was that it belonged to someone who was being used to (successfully) target Microsoft.

    Now the patent being challenged belongs to Microsoft, and is being challenged by some small-time nobody (as far as Big Business is concerned).

    My prediction is that either the challenge itself will be rejected, or the patent office will "review" the patent and find it "valid". Not because of any merits the patent may have, but because of who owns it. The guys running the patent office know who butters their bread, and it ain't organizations like PUBPAT.

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  37. Don't buy into it. by pb · · Score: 5, Interesting

    Microsoft's 'FAT' patents do not patent FAT... specifically, they patent the VFAT extensions to FAT. And, as was previously mentioned on slashdot, there's much prior art to using long file names on FAT as well.

    So don't call them 'FAT' patents, because they aren't. Call them VFAT patents. Or call them by their names, which also makes it obvious.

    --
    pb Reply or e-mail; don't vaguely moderate.
    1. Re:Don't buy into it. by Anonymous Coward · · Score: 0

      Thank god some one remembered this and posted it.

  38. I'm sick of the wording of patents... by Deraj+DeZine · · Score: 1
    touted by Microsoft as being 'the ubiquitous, indispensable filesystem format utilized for the interchange of data files and other media between computers and components within said computers such as hard drives and floppy drives, and, since the advent of inexpensive, removable solid-state flash memory modules, also between digital consumer electronics devices including, but not limited to, PDAs, digital cameras, digital camcorders, USB watches, and small USB solid-state flash memory module-based portable high-speed aerodynamic happy ultra X-treme fubar frobnified xyzzy data storage devices.
    --
    True story.
    1. Re:I'm sick of the wording of patents... by ckaminski · · Score: 1

      Didn't these lawyers have english teachers skilled in the art of deconstructing run-on sentences?

      Geez. I think those lawyers need to go back to school and get an English degree...

  39. Something doesn't add up by Anonymous Coward · · Score: 3, Insightful

    Here's the arithmetic: 2013 - 1996 = 17 - the standard patent lifespan (unless you're a pharmaceutical company, but that's another story for another day).

    FAT was in use well before 1996 but 1996 is when the patent was approved|awarded (which is what everyone needs to pay attention to when they scream bloody murder in other postings.

    Now, you have to wonder how long a business has to sit on material before they submit it to the patent office. This is generally one year. Even in spite of this, that's 1995. That's still much later than when FAT was first used.

    I know we all like to see Micro$oft get slapped around, but I think this is another case of jay walking and faking being hit by car to file a law suit. If this [even] gets past the preliminaries, it'll be settled out of courts for a reasonably small, undisclosed sum of money.

    1. Re:Something doesn't add up by Anonymous Coward · · Score: 0

      OMG. For the 300,000,000th time you will read this -- and you don't even need to read the article -- THIS IS ABOUT LONGFILENAMES EXTENSION TO FAT. You know, that thing that was introduce in, oh yeah, WINDOWS 95!?! NOT FAT ITSELF.

    2. Re:Something doesn't add up by Ann+Elk · · Score: 2, Interesting

      In general (IIRC), a patent application must be filed with the patent office no more than one year after the invention was first released to the public. As someone in an earlier message noted, Microsoft released a beta version of Win95 with long filename support sometime in 1994, approximately 2 years before the patent application was filed. If these dates are indeed true, then the patent is invalid.

      Of course, I can't speak for all groups at Microsoft, but the group I was in was very aware of this "one year grace period" for patents. We always noted exactly when a "patentable idea" was first mentioned to the public, even if it was just a Powerpoint slide at a trade show. The day the first non-Microsoftee hears about an idea is the day the patent clock starts running.

      Again, I'm sure different groups within Microsoft handle this differently, but if the Win95 group didn't file the patent application within the one year grace period, then they fucked up in a big way.

      Of course, in a refreshing turn of events, Microsoft's fuck up could turn out to be a blessing for the rest of the industry...

    3. Re:Something doesn't add up by servoled · · Score: 1

      The patent in question is a continuation of an application which was filed in April of 1993, so they are well ahead of the public beta release in 1994. It is pretty rare for companies to screw up on the 1 year grace period for filing.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  40. So what do we think? by mattgreen · · Score: 0, Offtopic

    I wish Slashdot would stop posting stories like this, I don't know what to think when the evil Microsoft runs afoul of patents. Maybe the editors could put something in the summary so we wouldn't have to think these things through. I shudder at the mere suggestion of doing so!

    1. Re:So what do we think? by ultranova · · Score: 1

      Does every fucking story have to have someone showing his great level of sophistication by throwing sarcastic comments towards the supposed "slashbot" mentality ? Does it make you feel intellectuallu superior to show that you aren't part of the unwashed masses ?

      "I know what the slashbots are thinking, and I'm not like them ! I'll prove it by posting a comment talking about slashbots !

      And you don't even make any sense. How does supposedly evil Microsoft abusing a supposedly easily abused system to extort money make for any confusion about what to think ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:So what do we think? by mattgreen · · Score: 1

      What does it matter? The bots should be made fun of because they just spout memes and get modded up to +5, [mis]informative. I don't see why you care so much...unless you are an ex-bot or something. Although I can see how the anti-slashbot mentality is a meme too. Kind of like those goth kids, y'know?

      Oh and plenty of people make posts that don't make sense and get modded up, this is the Internet dude: logical thinking skills are entirely optional. I just happened to be mostly asleep at the time. :)

  41. 4DOS? by Cryptnotic · · Score: 5, Interesting

    Didn't 4DOS support long filenames on top of FAT long before VFAT (Windows 95) did?

    I'm pretty sure I remember using 4DOS around the DOS 3.3 to DOS 5.0 days.

    --
    My other first post is car post.
    1. Re:4DOS? by Anonymous Coward · · Score: 0

      Did it do it with a 2nd directory entry used for storing random meta-data like long names and attributes? Their patent isn't FAT + long filenames = Eureka.

    2. Re:4DOS? by mikis · · Score: 3, Informative

      It had file comments, stored in the descript.ion files in each directory, but I don't remember long filenames.

    3. Re:4DOS? by Anonymous Coward · · Score: 3, Informative

      iirc from the last /. story about this, 4dos stored its long file names in a file. Microsoft's implementation stores the long file names in a series of extra directory entries.

      Patents don't cover a concept, they cover a method.

    4. Re:4DOS? by chgros · · Score: 4, Insightful

      Patents don't cover a concept, they cover a method.
      Unfortunately these days it seems when you patent a method it covers the concept.

  42. Did anyone bother to read these patents? by micron · · Score: 5, Informative

    These patents are not for the FAT file system. IANAL. The Microsoft one is for long file name support that goes on top of the FAT file system. The "prior art" one (5307494) describes some sort of long file name support augmenting a specific file system, but does not state which file system from what I can tell.

    1. Re:Did anyone bother to read these patents? by SlashdotLemming · · Score: 2, Insightful

      If people actually read the patents, then 90% of the patent stories here would never get posted here.

      This is a discussion site. Discussions involving facts are usually much shorter and less interesting than those involving paranoia, Big Brother, and the quest of everyone in a management position to take over the world.
      Slashdot wouldn't be popular if it weren't dumbed down.

  43. Give Them Money by Bob9113 · · Score: 3, Interesting

    I just gave them the $72.38 I had sitting in my PayPal account. Stupid software patents have cost me a lot more than that in time reading Slashdot articles alone. Give till it hurts.

    The "Online" link on this page will take you straight to PayPal.

  44. Let's See More of That Idea! by VernonNemitz · · Score: 4, Interesting

    As you may have read in a prior Slashdot article, no ordinary fine is going to stop Microsoft from changing its anticompetitive ways. But suppose the next time Microsoft was fined, the fine was this: "All your patents are hereby revoked, and you will never be granted another! Furthermore, the next time your actions are brought before this Court and found to be illegal, all your copyrights will be revoked!"

    I bet THAT would get Microsoft's attention!

    1. Re:Let's See More of That Idea! by mjh · · Score: 2, Informative

      Well, yeah, that'd get their attention, but it's never going to happen, even if it's entertaining to imagine. It won't happen because the crime doesn't fit the punishment. And you're not allowed (and should not be allowed) to craft a punishment for a crime that only applies to one person.

      It seems to me that what you're suggesting is roughly equivalent to sentancing amputation to a known, non-repentant jay-walker - just because you know he's non-repentant. The law against jay-walking never described such a penalty, and it's not fair to make one up now. The anti-trust laws never described the penalty you suggest, and it would be equally unfair to impose on M$.

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    2. Re:Let's See More of That Idea! by Anonymous Coward · · Score: 0

      No, you should equate this to a jail term for a persistent jaywalker - you have taken from them a significant portion of their productive life.

      Anyway, if a copyright holder abuses their copyright, they lose their copyrights.

      Always been part of copyright law.

    3. Re:Let's See More of That Idea! by Lumpy · · Score: 2, Funny

      I prefer a lighter approach...

      The company executive team must be locked in the stockades in a public place for a 24 hour period.. and allow the public to taunt them, throw roten food at them and other forms of mild public punishment.

      in fact allowing the general public at most criminals would solve a large number of society's problems...

      turn over the convicted rapist to the angry mob of women... I'm pretty sure that televised barbarianism of a rapist being torn limb from limb and the body dragged through the streets would make a difference...

      --
      Do not look at laser with remaining good eye.
  45. It's not your fault you're FAT by teamhasnoi · · Score: 4, Funny
    Do you want to lose 10, 20, even 30 megs of data? Then you need new patented MS Cortislim! MS Cortislim works by blocking the use of FAT by your computer when it is under stress, running SETI@home, or any Open Source software.

    Remember, MS Cortislim isn't for everyone - only those who want to lose 10, 20, 30 megs of data or more should use MS Cortislim.

    Call now and you'll receive an extra 1 month license for every 2 months you purchase!

    1. Re:It's not your fault you're FAT by Anonymous Coward · · Score: 0

      But, the phony number man? You forgot the number!!

    2. Re:It's not your fault you're FAT by MrNonchalant · · Score: 1

      But is it patented?

    3. Re:It's not your fault you're FAT by damiena · · Score: 1

      That's nothing. I bought an IBM Deskstar and I lost 20 GB of data IN A SINGLE DAY!

  46. Is Wayne Brady by Anonymous Coward · · Score: 0

    Gonna have to choke a bitch?

  47. finally by Anonymous Coward · · Score: 1, Insightful

    someone did this! hopefully they will win so we could start challenge all these stupid software patents that people gets...

  48. Was:Re:heh The human genome is not an invention... by Anonymous Coward · · Score: 0

    The human genome does not, or any other living creatures genome for that matter contitute an invention! Perhaps if one could prove beyound doubt that your the Supreme being or whatever you would call your god, perhaps then and only then. Basically granting patents on existing beings genomes is not right. Modifications maybe, but my and your genes haven't been invented by anyone, especially not by greedy coprorations and companies.

  49. Patent is on storing long filenames by baywulf · · Score: 4, Informative

    From what I understand, the patent is on a way of storing long filenames with the FAT filesystem. This first came out with Windows 95 and is implemented in a backward compatible manner.

    Basically the issue is this... in FAT there are a fixed number of bytes to each file entry in the directory. It is only enough for 8+3 character filename. They could not just expand on this data structure because it would not be backward compatible. What they realized is that if you created a filename with the system, hidden and some other attributes set, the old versions of dos would never display the filename. So what they do to store a long filename is create multiple file entries each storing a few bytes of the long filename plus some additional data to piece it together. Basically in a old version of dos, these extra file entries would never be displayed but in windows 95 or newer, it would read and maintain both the short filename entry and the long filename entries.

    1. Re:Patent is on storing long filenames by cdn-programmer · · Score: 0, Offtopic

      thankyou!

      Yeh. Totally obvious.

    2. Re:Patent is on storing long filenames by pe1chl · · Score: 2, Interesting

      Remember that Linux included another method to achieve the same thing (and more): UMSDOS.
      It was introduced in early 1994, a year and a half before the introduction of Windows 95.

  50. Re:your sig (OT) by fireman+sam · · Score: 1

    /.: ??? Slashdot's colon, is that where all the shit comes from?

    --
    it is only after a long journey that you know the strength of the horse.
  51. Steve Ballmer? by EnsilZah · · Score: 5, Funny

    Microsoft's FAT patent?
    I didn't know Microsoft patented Ballmer.

    1. Re:Steve Ballmer? by Anonymous Coward · · Score: 0

      Everytime I see Balmer I always think of Bill Murrays's character in Rushmore. When he is addressing the student body, he goes off on a rant about "attaching yourself to the money". He seems to be this type of sleaze bag.

      Oh and what ever happened to the term "sleaze-bag" you just dont hear it in polite society anymore. Did we drop it when personal injury lawyers (shysters) became legitimate? There just seems to be so many people in this world lately deserving of the term sleaze-bag.

  52. Hmmm by Tokerat · · Score: 3, Interesting


    Shouldn't they not be issued a patent on this if they allowed people to use their filesystem method? It seems like it's in such common use by many devices now...

    Some other posts have indicated that the patent only covers the storage of long filenames associated with the FAT filenames for use by Windows...if this is true, isn't that an obvious invention (i.e. database relating short names to long names)? You can't patent a relational database based on purpose, can you? If so, I will be submitting my patent for databases that store telephone numbers in relation to adressee names within a matter of days, and get rich of the phone companies alone...

    I wonder if HFS could be considered prior art...each file as I understand it, is given a unique ID with which is can be referenced by, regardless of path. This (as I am to understand) is how Mac apps can still save to any file if it is moved while opened. Could the ID number be considered a short name? Then again, FAT came before HFS, but HFS came before long Windows filenames...

    IAONAL, anyone with definitive answers is more than welcome to correct me.

    --
    CAn'T CompreHend SARcaSm?
    1. Re:Hmmm by Anonymous Coward · · Score: 0

      unique id, like an inode?

  53. PubPat's revenge by Gary+Destruction · · Score: 2, Funny

    Anyone remember the DOS Device names exploit in Windows? C:\con\con or C:\con\clock$ crashed the DOS filesystem driver in Windows. Could you imagine PubPat sending MS a malicious email with that exploit and someone with an unpatched version of Windows 98 opening it? Subject Line: DOS patent infringement. *click* A fatal exception 0E has occurred in VxD VFAT...

  54. Blind loyality by RoLi · · Score: 4, Insightful
    If the combination of ideas was so obvious, why didn't the last of the submitted prior art patent it ...

    How can a workaround/extension of a filesystem to implement a feature that was in other filesystems for decades be not obvious? Despite what this AC might think, long filenames weren't invented by Microsoft.

    Playing catch-up with the competition and implementing their features is the most obvious thing you can do.

    This blind Microsoft loyality is really amazing. I don't say that Microsoft shouldn't be allowed to get ideas from others, everybody does it - but getting a patent for an extension for a feature the competition had decades before? That's just ridiculous.

    1. Re:Blind loyality by Anonymous Coward · · Score: 0
      How can a workaround/extension of a filesystem to implement a feature that was in other filesystems for decades be not obvious?

      Hello moderators. There's nothing insightful there.

      The obvious answer: Because you are not patenting features/ideas, but IMPLEMENTATIONS. And thus, no matter how many had implemented same functionality, if you implement it in different way, technically, that can be patentable (if it's non-obvious, useful, etc. standard requirements).

    2. Re:Blind loyality by e-Motion · · Score: 1

      How can a workaround/extension of a filesystem to implement a feature that was in other filesystems for decades be not obvious? Despite what this AC might think, long filenames weren't invented by Microsoft.

      By that logic, any implementation of an airplane would be obvious and undeserving of a patent, since birds have flown for ages.

      As an AC has already said, it's the implementation that is patented, not the idea.

  55. wow, what's the big deal by Stevyn · · Score: 1

    they allowed longer files names under the 8.3 system. big woop. Other systems have been doing this for years before them.

    Wait a minute? what linux one of them?

    1. Re:wow, what's the big deal by Anne+Thwacks · · Score: 4, Informative
      No, these patents cover

      a) Using a lookup table (to convert betwen long and short)

      b) Using a hashing algorithm (to create short from long).

      Its pretty obvious that these are entirely novel solutions to a unique problem, and are nothing to do with the use of hashing algorithms (eg during WWII) or lookup tables (eg civilisations prior to the ancient greeks)

      The truth is, these absolutely must be novel, because ...[need more coffee]

      --
      Sent from my ASR33 using ASCII
  56. Re:Was:Re:heh The human genome is not an invention by Dejitaru+Neko · · Score: 1

    Great, so now do we have to pay royalties to God in order to do gentic engineering?

    --
    Nyo nyo, the Neko Boy has spoken.
  57. Clippy says... by Anonymous Coward · · Score: 0
    You have tried to patent a paperclip. Would you like me to:

    [ ] send you a cease and desist order
    [ ] force you to sign an out of court settlement
    [x] send Bill Gates to your home to go medieval on you
  58. Offtopic by tehcyder · · Score: 0, Offtopic
    Wish they were called PUBRAT, what a cool name that would be. I like cider and cheese, I'm a...pub rat!

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  59. Again.... by Anonymous Coward · · Score: 0

    It's not about the FAT file system. It's not about an idea of having long file names, that would after a certain point be exceedingly trivial. It's about the particular hack, and it was a hack, that Microsoft patented to get them within the constraints of their chosen filesystem. You could have a bunch of competing long filename solutions, just like we have competing browsers and media players. Microsoft created one, patented their particular method, and now seeks some compensation from flash memory makers who use their implimentation.

    Since I'm not sure if you're trolling me.... And if you are, bravo. Seriously, add me to your list, you're good at it, and I consider myself a connoisseur of fine trolling. But I'll add that the only thing worse than blind loyalty is its darker mirror image.

    1. Re:Again.... by Anonymous Coward · · Score: 0

      So let me get this straight - FAT isn't patented, only the bug fix to sort out their poor naming system. But since you need the fix to use FAT, ta da, we've patented using FAT.

      I would think that if:

      a) FAT is patented,
      b) Long file names are prior art, and "obvious".

      Then the fix to add log names to FAT, even if only for their implementation, is NOT patentable.

      So lets say I have a door, and it's free to use, but the hinges squeek. I can oil the hinge, patent oiling "that" hinge (no one has done it before on "that" door), and then charge people to use the door, because they are benefitting from my no squeek patent. The fact that people have been oiling hinges on "other" doors for many years prior should probably have some bearing on whether the patent is acceptable.

    2. Re:Again.... by Anonymous Coward · · Score: 2, Insightful

      God, it's like I'm trying to teach Marlee Matlin how to talk over the internet.

      FAT, or rather the various inventions that make it up have been patented at one time or another, many having entered the public domain. Microsoft's inventions are rather narrow in scope having to do with file attributes and long file names being saved esentially as linked metadata crammed where it doesn't belong. Rather than patenting all mouse traps using springs to crush and suffocate mice, they made a few tweaks to the design of the spring. They are now not asking people to either discontinue use of all mouse traps using springs, only that people selling devices which make use of their particular flavor of mouse traps pay them a quarter per device up to one quarter megadollar, people who wish to assemble such mouse traps in their garage are still free to do so.

      Their invention was modest, and perhaps even less than elegant, and so is what they're asking. Let's be clear. They're not even telling flash memory makers to not use FAT for flash. In fact they have no basis from which to make such a request. Rather they are saying, if you want to use FAT, please by all means, but if you're using our inventions in your implimentation, we'd like a modest consideration.

      It would seem you've little understanding for the wide minutia of what is patentable, and a grossly overly broad idea of what is obvious. To even greviously injure your tortured straw-man oil example. I could invent an adative for oil to make it easier to use with hinges. And in fact such things are common in the extreme. You should know better. The fact that you don't speaks for you and your education in a way words never could.

  60. Oxymoron alert by MyFourthAccount · · Score: 2, Insightful

    PUBPAT submitted previously unseen prior art

    I mean, who writes this shit?

  61. Re:Because you need to solve a *bleep* problem by eclectro · · Score: 2, Interesting

    Yeah, as other posters noted, I was laughing too and saying "what's next, five blades?"

    The cartridges are so expensive that I feel like I am using a cadillac to scrape hairs off my face. And that's for the three bladed kind.

    What I find interesting is that Wal-Mart has a generic cartridge that fits the sensor razor.

    So since they have dozens of patents on the sensor (presumably to stop cartridge knock offs), how are the generics able to be made?

    Myself, I'm an Atra man. The dollar store had a ten pack of generic cartridges for a dollar. I filled a large drawer with them.

    They don't have the lubra strip on them, but I'm quite happy with the price.

    It also seems that the three blade variety do not stay as sharp as long, and clog easier. Which is natural if your profit model is based on people tossing cartridges.

    They sent me a free four blade razor in the mail. I think I will save it for special occasions.

    Maybe I can get a hot date through slashdot personals.

    Me against 10,000 other nerds. I don't know.

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  62. PUBPAT by Averron · · Score: 1

    What a crappy acronym.

  63. Re:I've never heard of the Publlic Patent Foundati by Anonymous Coward · · Score: 0

    Yeah but since we all know software should not be subject to patent protection in the first place, I fear they are asserting some form of validity to the vapid lawyer-poo that constitutes a software patent.

  64. Obligitory Groklaw link by syn3rg · · Score: 1

    PJ's discussing it over on Groklaw.

    --
    The contents of this message have been doubly encrypted by ROT13
  65. Amen, brother! by motown · · Score: 3, Insightful

    I wholeheartedly agree with the idea that we must "beat them at their own game".

    In fact, I suggested something very similar less than a week ago.

    I even mailed around an initiative based on this idea to a couple of prominent people in the Open-Source/Free-Software world.

    I received a response from Richard Stallman.

    He mentioned having considered something like a defensive patent foundation before, to come to the conclusion that it would cost [b]a lot of money[/b] to gain patents, and even more money to enforce them.

    Still, I am convined that if enough people would be to join such a foundation, we would still have enough clout to make a difference.

    If, like me, you're serious about such an initiative, then please contact me at buison01@REMOVEALLTHECAPITALLETTERSie.hva.nl

    --
    "Oooh, does that mean we get to kick some puffy white mad zionist butt?"
  66. Quiet Patent by Anonymous Coward · · Score: 0

    Hvae they tried to enforce this patent????

  67. Obligatory Zero Wing Quote by Anonymous Coward · · Score: 0

    Microsoft: All your patent are belong to us.

  68. Was this obvious in 1993? by dcrouch · · Score: 4, Interesting

    Microsoft's patent application was originally filed in 1993. So, the question is whether their claims (see below) were novel and nonobvious as of that date.

    Claim:

    1. In a computer system having a processor running an operating system and a memory means storing the operating system, a method comprising the computer-implemented steps of:

    (a) storing in the memory means a first directory entry for a file wherein the first directory entry holds a short filename for the file, said short filename including at most a maximum number of characters that is permissible by the operating system;
    (b) storing in the memory means a second directory entry for a the file wherein the second directory entry holds a long filename for the file and wherein the second directory entry includes an attributes field which may be set to make the second directory entry invisible to the operating system and the step of storing the second directory entry further comprises the step of setting the attributes field so that the second directory entry is invisible to the operating system, said long filename including more than the maximum number of characters that is permissible by the operating system; and
    (c) accessing the first directory entry with the operating system.

  69. The celestial Patent by Anonymous Coward · · Score: 0

    I think that patent on the human Genome is a brilliant idea. I am going to bring out a patent on the use of digits that we use in every day life. A patent for a few Knife and Fork holding techniques and a patent on a few Banjo playing techniques. And why has God not patented these things, I suppose he already has the monopoly on this kind of stuff. We have a licence to use them for up to 100 or so years depending on how we treat them. And he holds the right to take them off us at any time. Now am I talking about God or some higher evolved alien species living in a parallel universe or do I need another pot of mushrooms.....

  70. public review period for patents by hak1du · · Score: 2, Interesting

    Maybe the way to address some of these issues would be to have an officiall public review period for patents, with convenient access through a web site.

    Imagine something like Slashdot, where each patent application gets posted. Anybody (competitor, script kiddie, whatever) is able to post responses, point to prior art, etc. The patent examiner then can take those discussions into account when making a decision. The discussions would have no legal significance other than being a resource for the patent examiner working on that particular patent (well, they might also constitute published prior art for future patent applications and changes to the patent). If the discussions aren't useful, we are no worse off than now. If they are useful, then the patent examiner can more easily weed out bad patents.

    This wouldn't even have to be financed by the PTO. Anybody could set it up outside the PTO and put the published patent applications in there. The only thing that would need to change is that the patent examiners would have to get motivated to look at it before making their decision.

  71. No, sorry by Gothmolly · · Score: 1, Interesting

    That's called communism. We don't do that here, yet. There is no such entity as 'society', other than a collection of individuals. What you're proposing is that a certain group of individuals has the right to appropriate the efforts of another, typically smaller, group of individuals. This is also known as slavery.

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:No, sorry by MojoRilla · · Score: 1

      That's called communism.

      You don't seem to understand what patents are. Patents are a limited monopoly granted in exchange for contributing knowledge into the public domain. There most definately is the idea of society when you talk about patents.

      In this case, the knowledge Microsoft has contributed is trivial. A completely straight forward way to solve the problem. The problem is, you can't build a system interoperable with theirs without using this knowledge. And their system is a standard. This is similar to patenting a file format, and then suing your competitor when they make a filter to read it.

      This is about using patents to do what they weren't ment to do. This isn't about preventing your competition from stealing your idea, this is about preventing your competitions product from working with your product.

    2. Re:No, sorry by b-baggins · · Score: 1

      In this case, the knowledge Microsoft has contributed is trivial. A completely straight forward way to solve the problem.

      Stating your opinion as fact does not make it so.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    3. Re:No, sorry by imkonen · · Score: 2, Insightful
      "That's called communism."

      Hardly...You know blind devotion to the principle that everything that benefits Corporate America(TM) is good thing is not the same thing as favoring capitolism or laissez-faire economics or libertarianism or whatever you presumably identify yourself as? When the government steps in and takes an active role in helping corporations advance their goals at the expense of society, they're not supporting a free economy. You want the government all the way out of the business of redistributing wealth? Fine..I can respect that opinion even if I disagree with it, but at least have the balls to be consistant and advocate banning the entire patent system, whose sole justification for existance is the concept of 'benefiting society.'

  72. plain silly by hitmark · · Score: 2, Interesting

    i thought a patent was so that it would protect an idea until you had a working product based on that idea, not create a working product and then patent it in afterwards (working product as in ready for market, not as in prototype).

    so im starting to wonder if patent laws should be rewritten to cover this fact, and at the same time remove any ability to patent software solutions as that is like patenting a painting technique or music style (oh how the riaa would love that idea)...

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    1. Re:plain silly by Anonymous Coward · · Score: 0

      well not everyone has the foresight to patent before the product is done. What if the idea doesn't work? You've just patented an unworkable method.

  73. Edison by Anonymous Coward · · Score: 0
    Ok, I'll bite... you think that Edison didn't invent the light bulb? His experiments on inventing the light bulb is well documented and dated. I suppose you think someone in some other country invented it - like the New Zealanders who think they did powered flight first when they were clearly at least a year behind the Wright brothers. We have film of our first flight - where is there's? No where to be found because it didn't happen.

    There are accepted standards for doing inventions. Log books with numbered pages, done in indelable ink and dates everywhere. Photo's help. A good patent attorney can help with how to properly document your stuff. Beware, there are a LOT of people out there who will commit fraud. Some of them are simply habitual liars. The US Patent office has stuff online that is short and very useful if you don't happen to have a patent attorney at your disposal. Their suggestions also hold up in most if not all parts of the world. Well, not Zimbabwe, they don't care about law at all over there. Whatever suits Mugabe at the time.

    1. Re:Edison by Anonymous Coward · · Score: 0

      OK, now I'll bite. Edison may have invented the light bulb that we all know today, but there existed before Edison's invention. He just invented one that was able to be used by households. Not to take anything away from his invention though, because it moved us forward in the use of electricity.

    2. Re:Edison by EmbeddedJanitor · · Score: 1
      No I don't think Edison invented the light bulb though he did make some improvements and perhaps made it into a practical system. Edison did have a wonderous PR system to try get his way over others. For example he proposed DC power to houses which is a very dumb idea. AC is way better for reticulation (though DC is quite handy for long distance [hundreds of miles]). To try get his way he laid on demos showing cats and dogs being killed with AC. He also pushed for the electric chair to be AC powered to prove that AC was deadly. At the same voltages, DC is way more dangerous than AC.

      As for who invented powered flight, well I couldn't care, but insisting on photographic proof is pretty daft. I expect the photographic proof got lost in the same place as Bush's WDM.

      --
      Engineering is the art of compromise.
  74. Sadly? by Anonymous Coward · · Score: 0

    " This only weakens the concept of intellectual property."

    There's no such thing as intellectual property.

    Please define it.

  75. New Microsoft Patents by Hieronymus+Howard · · Score: 2, Funny

    It's rumoured that, in addition to FAT, Microsoft will also be patenting BALD and SWEATY

    HH
    --

    1. Re:New Microsoft Patents by Anonymous Coward · · Score: 0

      No, I think it's OLD, FAT, and DRUNK.

  76. The world has gone crazy... can't we just share? by locarecords.com · · Score: 2, Insightful

    LibreSociety.org Manifesto Version 1.5.4 -- David M. Berry & Giles Moss A constellation of interests is now seeking to increase its ownership and control of creativity. They tell us that they require new laws and rights that will allow them to control concepts and ideas and protect them from exploitation. They say that this will enrich our lives, create new products and safeguard the possibility of future prosperity. But this is a disaster for creativity, whose health depends on an ongoing, free and open conversation between ideas from the past and the present. -- In response, we wish to defend the idea of a creative field of concepts and ideas that are free from ownership. 1. Profit has a new object of affection. Indeed, profiteers now shamelessly proclaim to be the true friend of creativity and the creative. Everywhere, they declare, "We support and protect concepts and ideas. Creativity is our business and it is safe in our hands. We are the true friends of creativity!" 2. Not content with declarations of friendship, the profiteers are eager to put into practice their fondness for creativity as well. "Actions speak louder than words" in capitalist culture. To display their affection, profiteers use legal mechanisms, namely intellectual property law, to watch over concepts and ideas and to protect them from those who seek to misuse them. While we are dead to the world at night, they are busily stockpiling intellectual property at an astonishing rate. More and more, the creative sphere is being brought under their exclusive control. 3. The fact that the profiteers are now so protective of creativity, and jealously seek to control concepts and ideas, ought to rouse suspicion. While they may claim to be the true friends of creativity, we know that friendship is not the same as dependency. It is very different to say, "I'm your true friend because I need you", than to say, "I need you because I'm your true friend". But how are we to settle this issue? How do we distinguish the true friend from the false one? In any relationship between friends we should ask, "Are both partners mutually benefiting?" 4. The profiteers' insatiable thirst for profit clearly benefits from their new friendship with the creative. Through their use of intellectual property law - in the form of copyright, patents and trademarks - concepts and ideas can be transformed into commodities that are controlled and owned. An artificial scarcity can then be established. But, unlike physical objects, concepts and ideas can be shared, copied and reused without diminishment. No matter how many people use and interpret a particular concept, the creators' use of that concept is not surrendered or reduced. But, much money is to be made when creative flows of knowledge and ideas become scarce products to be traded in the market place. Thus increasingly, intellectual property law is providing profiteers with vast accumulations of wealth. Indeed, immaterial labour (based on information, knowledge and communication) has now replaced industrial manufacture as the main producer of wealth in the age of technological capitalism. As such, the relationship codified in intellectual property law between creativity and profit can be seen as a core element of this wider structural transformation of the productive processes. 5. For many of us, the thought of intellectual property law still evokes romantic apparitions of a solitary artist or writer seeking to safeguard his or her creative work. It is therefore unsurprising that we tend to view intellectual property law as something that defends the rights and interests of the creative. Perhaps, in some removed and distant time, there was a modest respect in this specious notion. But this romantic vision of the creative is certainly ill at ease with capitalist 'reality'. Creators have become employees and each concept and idea they produce is appropriated and owned by the employer. Profiteers are using intellectual property law to amass the creative output of their employees and others. What is more, they continuall

    --
    ---- The Open Source Record Label : : LOCARECORDS.COM
  77. whatever... by fudgefactor7 · · Score: 1
    MS will win this challenge because --
    (1) In patent/trademark law, he who is first through the hoops wins; and,
    (2) addendum to existing tech (prior art) for a new patent is valid.
    MS was first through the hoops for this idea, thus the patent. The sheer fact that they took one idea, modified it, and then went on their merry way is immaterial. If you invalidate that whole class of patents then practically all other patents are going to be nullified as "obvious."
  78. Viva La revolution by Anonymous Coward · · Score: 0

    Capialism Fails it

  79. Just use FAT, not VFAT by djmurdoch · · Score: 2, Interesting

    As lots of people have noted, the patent is on the long filename extensions in VFAT, not on the basic FAT file system.

    So why don't cameras, flash drives, etc, just come with FAT file systems installed? Cameras never need to produce long filenames. Flash drives don't need to produce files at all.

    If the user's OS chooses to put some long filenames on the device, that's not being done by the device, it's being done by the OS.

    The only devices that should need to worry about this patent are things like MP3 players that display the filenames themselves.

    1. Re:Just use FAT, not VFAT by cant_get_a_good_nick · · Score: 1

      The only devices that should need to worry about this patent are things like MP3 players that display the filenames themselves.
      Most of these show ID3 tags before filenames, obviating some of the need for it.

  80. PUBPAT is registered as a charitable organization by bburdette · · Score: 1

    You can go here to make donations: http://www.pubpat.org/Support.htm I wasn't aware of PUBPAT before either, but what a concept! An organization to combat the stream of idiotic patents, especially in software, that seem to be everywhere these days. I'll be sending them a check... Next we need someone to lobby for reducing the Disney Deadline - allowing IP to become public domain again instead of kicking back the deadline every time Disney is in danger of losing exclusive rights to Mickey.

  81. Microsoft thoughts by Anonymous Coward · · Score: 0

    Those damn public and open source projects! First Linux, now this! All we wanna do is own everything....I mean, is that so much to ask?

  82. if there was made.... by zogger · · Score: 1

    ... a MOBO that was upgradeable in all it's aspects, by plug in modules on the board, they'd get at least one customer, me. I think a board like that would be a hit. Instead of being forced to upgrade the entire board, you could just do the components as they get better and as you can afford it. It's just an extension of the idea they use now -like the pci slots,ram,CPU,etc, and follow that sort of convention even further into modularity. What I am saying is to eliminate so many hard wired aspects to the design. Call it the "universal" mobo that is upgradeable and customizable to a higher level.

    I'd also like to see the vaious hardware manufacturers make it easier to take back and recycle their older components, in fact, require it. That's another subject, but the waste problems are just being sloughed off to the worlds community at large, the manufacturers are getting quite a free skate on that issue. Of course, you could apply that to anything manufacturered, and eventually I think it will be done anyway, I'd just like to see it sooner rather than later.

  83. Why do people write free software then? by composer777 · · Score: 1

    Just one more question, if it takes huge sums of money to motivate people to create new inventions, then why do they write free software? You would think that the counterexample to your assumption would have occured to you, since you happen to be posting on a site powered by, and largely in favor of, free software. None of those people require money to get motivated. As far as weakening intellectual property, I'm assuming that you're talking about weakening it's protections for the little guy. Well, that's already a problem, and I can't see how stregthening or weakening IP laws will change that until we provide more built-in protections in the legal system for people who don't have millions to spend on lawyers.

  84. It's amazing that you are flat out wrong ... by Anonymous Coward · · Score: 0

    and still modded 4 Informative.

    What the fuck is slashdot coming to?

  85. No shit, it's a file system... by Anonymous Coward · · Score: 0

    Oddly enough, you're going to need some sort of "Table of Contents/Allocation Table" to tell you where the fucking files are.

    It's the specific specifications and implementations which are patentable, as they should be.

  86. PUBPAT vs. FAT? by Pan+T.+Hose · · Score: 1

    PUBPAT vs. FAT? Oh my GAT! I wonder who will turn out to be fatter--- I mean better.

    Seriously though, what is FAT still used for, which wouldn't be better with ext3 on the hdd side and jffs on the side of flash storage?

    --
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    Pan Tarhei Hosé, PhD.
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  87. Re:Because you need to solve a *bleep* problem by Anonymous Coward · · Score: 0

    I just buy the 10-packs of disposable Bic razors that come in a yellow package. They've worked fine for me forever and I have no idea why I'd want to pay more.

  88. Re:The world has gone crazy... can't we just share by karnal · · Score: 1

    My eyes are bleeding now. Thanks!

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    Karnal
  89. LongfileNames by gumpish · · Score: 1

    ...and there was even a Win3.1 specific utility called LongfileNames or something.

    I think it was called LONGFI~1.EXE

    (I know, I know... ~1 is a 9x-ism)

  90. YEAH!!! by Anonymous Coward · · Score: 0

    The patent front is the one front the linux crowd has to fight back at Microsoft. MS has taken out alot of potentially frivolous patents lately (are they still applying for around 400 patents per month?). They patent obvious technologies then use those patents to destroy the competition (I know, preaching to the choir). This practice must be stopped, as long as no one fights back the powers that be will assume that everyone is happy with the way things are. If George W Bush thought for a second he wouldnt be re-elected because of what he did with the DOJ in the MS trial you would see him turn on MS like a pit bull on a cruel master.

  91. It took years to vulcanise rubber!! by soapy2000 · · Score: 1

    Obvious? I am sure that the many years of work put in to finding a way to make natural rubber into something useful by Charles Goodyear (http://inventors.about.com/cs/inventorsalphabet/a /rubber.htm - end of page 4, specifically) finding the "obvious" solution of mixing rubber and molten sulphur (every home has some, right?) must prove something... It was "obvious" that turning natural latex into something useful would be a good idea. What took Goodyear many years and a lot of money to do was find out what it was. Next you will be telling us that the combining of optical and magnetic technology is "obvious" because everyone wants bigger hard drive capacities, despite it taking years to get right in the lab, or that the idea of holographic storage is "obvious" because you saw it on StarTrek!

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    If I knew then what I knew now, would I still feel this old?
  92. Nope, that's not prior art by XNormal · · Score: 2, Insightful

    Microsoft does not use a lookup table. It interleaves the long filename into the directory as a series of "invalid" directory entries that are ignored by older DOS versions. There is no "actual" short filename in the Microsoft implementation either: the long filename directory entry points directly to the first cluster without lookup via the short filename. So this patent does not qualify as prior art.

    Patents are not about ideas but about reduction to practice.

    --
    Stop worrying about the risks of nuclear power and start worrying about the risks of not using nuclear power.
  93. Can you say Dyson your floor, not Hoover? by soapy2000 · · Score: 1

    You obviously forget the rather high profile case of Dyson vacuums (originally one man), who invented the bagless vacuum for the home (using older technology from the saw mill vacuum), against Hoover, the evil mega-corp and household name. As I heard it, Hoover basically copied the idea down to the nuts and bolts, and changed the colour, and tried to claim they weren't breaking the patent rights. The article below is about Dyson loseing one of the many court hearings. Even for a company now the size of Dyson, the costs are still punishing. "At October's hearing Judge Fysh ruled Hoover's design for the Triple Vortex was a clear infringement of Dyson's patent. He rejected Hoover's argument that the technology behind the Dyson machine involved nothing that was not generally known within the industry. Hoover, which counterclaimed for the removal of Dyson's patent on the grounds of 'obviousness and lack of novelty', is seeking to take the case to the court of appeal." http://news.bbc.co.uk/1/hi/business/1113990.stm

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    If I knew then what I knew now, would I still feel this old?
  94. s/patent/standard/g by Gothmolly · · Score: 1

    Please reread parent of my orignal post. The parent post made the suggestion that if something becomes 'a standard' (leaving undefined how this process transpires) then it should automatically become public domain. I objected to this.
    Their system has become a standard, this is a de facto standard. This means that a large number of people voluntarily choose to use it. This contrasts strongly with the seizure of something in the name of the public good, which would make it a standard de jure. Thus, my reference to communism - the law of the land states that everything is the property of the State.

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    1. Re:s/patent/standard/g by Vicegrip · · Score: 1

      Communism, slavery... wow.. at least you didn't also make a reference to nazism.

      Sorry, I'm not terribly inclined to make the effort to rebut your demagoguery.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    2. Re:s/patent/standard/g by Gothmolly · · Score: 0, Troll

      And thus, I win.

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    3. Re:s/patent/standard/g by iminplaya · · Score: 1

      hus, my reference to communism - the law of the land states that everything is the property of the State.

      Everything IS the property of the state. If you don't believe me, try missing a couple of tax payments, and them tell me who comes a knockin'. Hint: they won't be Fuller Brush salesmen.

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      What?
  95. What about ProDOS? by chicagozer · · Score: 2, Informative

    Apple's ProDOS had long filename support back when Microsoft's manuals came in 3 ring binders and thw Windows game of choice was Reversi.

    ZZ

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    ZZ
  96. Re:And now you'll see how the patent system works. by theCat · · Score: 1

    I would tend to agree with the outcome...but not with the idea that anyone is buttering bread with the USPTO. Those guys seem to be clueless as regards this topic, or at least they are following guidelines that themselves lack clue, but I don't know how they could be bought outright. Afterall they don't run for election; their jobs are more secure than anyone in Congress, probably. Say what you want to about pencil pushers in gov'mint, but they do follow their own rules like a bunch of mindless Turing machines.

    I think that, once they get this one right (which might take years) they'll hew to the line like F/OSS zealots. Here's hoping, anyway.

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    =^..^= all your rodent are belong to us
  97. Why Wal-Mart can cell generic cartridges by Anonymous Coward · · Score: 0

    They probably licensed the patent, or even are just re-branding actual sensor blades.

    Take a close look at the packaging of various generic products (for example, batteries). Often, they have a "made by $NAME_BRAND_COMPANY" in the fine print.

  98. He wasn't talking about patenting vulcanising... by Anonymous Coward · · Score: 0

    he was talking about patenting software to control a vulcanising machine! Of course vulcanised rubber is patentable, but should a (specific) machine control program be?

    [off-topic]By the way, where on Star Trek did you see holographic storage? The holodeck has holographic display, but I don't remember them ever saying that (for example) isolinear chips worked holographically.[/off-topic]

  99. Get with it by Anonymous Coward · · Score: 0

    Microsoft should get the patent fair and square. They were the one that make it, and everyone followed it. Now if you make a widget and become popular, I bet you would chase after the patent royalty fee

  100. consider eminent domain by t0ast3r_b0y · · Score: 1

    eminent domain n. The right of a government to appropriate private property for public use, usually with compensation to the owner.

    Surely you've heard of it. If not, search on google, and you'll discover that it's hardly a foreign concept in the United States, or indeed any country on Earth. The concept dates back to before the Magna Carta. Modern democratic governments sieze private property for "the good of society" on a fairly regular basis--teachers usually give the example of building a highway when explaining the concept. Hell, in my home town the city government is trying to get through the process of seizing the local water company from its owners. (It's currently a regulated private company.)

    US patent and copyright law is steeped in language referring to promoting "the good of society", and that's the original language created by the founding fathers.

    The parent post you label as communist presents an idea which is much more easily reconciled with the thinking of the founding fathers than your own--none of them would have agreed with you that people have a natural right to control the ideas they create; in fact, they'd probably argue the opposite.

    The only reason our representative democracy grants patents is that the benefits to society outweigh the detriment of taking away society's free access to ideas. If the scale tips the other way....

  101. Re:The world has gone crazy... can't we just share by slittle · · Score: 1

    Did someone patent paragraphs?

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    Opportunity knocks. Karma hunts you down.
  102. Re:The world has gone crazy... can't we just share by locarecords.com · · Score: 1

    Yes sorry about that! ;-)

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