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Microsoft FAT Patent Upheld

theodp writes "After initially rejecting Microsoft's File Allocation Table (FAT) patents, the USPTO has ruled them valid. From the article: 'Microsoft has won a debate where they were the only party allowed to speak, in that the patent re-examination process bars the public from rebutting arguments made by Microsoft, said unimpressed Public Patent Foundation President Dan Ravicher.'"

30 of 558 comments (clear)

  1. So now... by Tuxedo+Jack · · Score: 4, Interesting

    What does that mean to companies that sell stuff like USB flash drives or CF cards? They'll obviously have to pay royalties, of course, and that means a mass migration to a new filesystem to avoid such payments.

    But what new FS will that be? FAT32? EXT2/3?

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    1. Re:So now... by Anonymous Coward · · Score: 2, Interesting

      Maybe Microsoft is just trying to be kind to the world and kill FAT off. It's a terrible filesystem for removable media. Floppies died and needed "recovery" quite often, and I dread the thought of trying to recover a 1G flash disk full of important photos or something.

      NTFS would be an obvious choice for microsoft to go with since it support removable media and journalling. That would probably truly piss off camera makers, however, because NTFS support is probably neither cheap to license nor fun to stuff into cameras. It's a sad state of affairs that the best de facto standard anyone could come up with is FAT, and even worse that I can't think of a good universal replacement. Perhaps the BSD fast file system if only because of its widespread availability and public domain(ish) nature.

    2. Re:So now... by SenorCitizen · · Score: 5, Interesting
      Utterly crippling in the low margin, high volume USB storage market (especially at the low end)

      What exactly would prevent these low margin, high volume USB key manufacturers selling their memory sticks unformatted? It's not like hard drive manufacturers have to pay a FAT tax -- it's just the device manufacturers whose stuff actually uses FAT, like digital camera makers.

    3. Re:So now... by LardBrattish · · Score: 4, Interesting
      Yep, they will pricing has been set to 25c per unit. Utterly crippling in the low margin, high volume USB storage market (especially at the low end)

      But as it caps at $250,000 the really high volume guys will be able to spread it out more... $250,000/10,000,000 = 2.5c

      --
      What are you listening to? (http://megamanic.blogetery.com/)
    4. Re:So now... by FireFury03 · · Score: 5, Interesting

      it's just the device manufacturers whose stuff actually uses FAT, like digital camera makers.

      But when a user pops their CF/SD/XD/whatever card out of their camera, they're going to want to access it without installing drivers, etc.

      Personally I don't mind cameras, etc using ext2, or even better - a proper flash filesystem designed to deal with the problems inherent in writing to flash. But then I don't use Windows...

      I'd be interested to know what the monopoly-police think about this - it seems that requiring people to pay a licence fee to use the only supported filesystem in the monopoly OS to allow interoperability with other devices might be considered an abuse of their market position.

      It's also worth thinking about - the Linux kernel infringes this patent. Is Linux going to have FAT support ripped out of it now? That'd be really bad coz suddenly it can't interoperate with all those devices using FAT.

    5. Re:So now... by gerddie · · Score: 4, Interesting

      NTFS would be an obvious choice for microsoft to go with since it support removable media and journalling.
      You wouldn't want to use standard journalling on a flash drive. IIRC for each write cycle at least 3 write actions are required: log in the journal that a write will be done (has to be synced to the disk), do the write, log in the journal that the write action ended successful. With flash, where you can only erase block-wise, this is not a good idea - for one its very slow, and on the other hand, the flash supports only so many write cycles. For journalling, special handling is needed as implemented e.g. in jffs2.

    6. Re:So now... by MysteriousPreacher · · Score: 4, Interesting

      Mmm, reminds me of budget day in the UK. The goverment increases taxes on cigarettes, alcohol or petrol and magically the next day, all the prices go up by that amount plus a little admin fee despite the fact that they're selling stock that was bought prior to the tax increases.

      --
      -- Using the preview button since 2005
    7. Re:So now... by Anonymous Coward · · Score: 1, Interesting

      Dear Microsoft Apologist,

      Did you tried to format a bigger than 32Gb drive under windows with FAT ?

      http://www.microsoft.com/resources/documentation/W indows/XP/all/reskit/en-us/Default.asp?url=/resour ces/documentation/Windows/XP/all/reskit/en-us/prkc _fil_tdrn.asp

      Of course, this is an artificial limitation put in place by the Monopoly You Defend, so people have to swtich to even more proprietary NTFS file system for big drive.

      Extern USB/FireWire hard-drive vendor ship you a formatted bigger than 32Gb hard drive.

      But don't try to re-format them.

      You can't.

    8. Re:So now... by Hal_Porter · · Score: 2, Interesting

      I don't think it means anything. As far as I can tell, the patents cover one algorithm for the generation of short filenames from long ones.

      You can format a volume by writing a bootsector, clearing out the FATS and writing an empty root directory. No filename creation is necessary, and so you don't infringe on any patents I'm aware of.

      See this tool for an example

      http://www.ridgecrop.demon.co.uk/fat32format.htm

      You could, I suspect, write a FAT file system which supports long filenames and doesn't use any of the techiques mentioned in the patent I think. In fact it would be interesting if someone who knows about patent law could confirm this.

      First some background - each filename on a FAT partition has a short filename. It may also have a long filename. Most of the time, the short filename is essentially invisible to the user. Windows, Linux and Mac will only ever display the long one. Dos and bootstrap code relies on the short filename, but that's a very special case. Short filenames must be unique though, since chkdsk will 'fix' the disk in bad ways otherwise.

      Essentially, I'm thinking about using a different algorithm to generate short names, something like appending the file's position in the directory in Base 32, e.g. 0-9A-V. Since FAT directories can have at most 65536 files and usually have far fewer, this is pretty compact. There's a corner case where someone tries to create a file which collides with this scheme, but I think that it's solvable, especially if you can live with the limitation that you can only open files by their long filename.

      I'll write a web page with the solution, so it can't be patented by anyone.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  2. Linux? by Golradir · · Score: 5, Interesting

    How will this affect the ability to read FAT filesystems under Linux?

    1. Re:Linux? by Anonymous Coward · · Score: 1, Interesting

      It is interesting.
      Do they (MS) want companies to licence formatted drives or does operating systems also get included for simply being able to read/write to an already formatted fat file system? I somehow doubt that the second example is enforcable...

    2. Re:Linux? by Anonymous Coward · · Score: 1, Interesting

      I do various work without payment for causes that I consider to be good where the case is important and not a dead loss.

      I do not do no-win-no-fee work, full stop. I either work for money or for free, but never mix the two.

      Anonymous EPA

  3. software that can create it? by Anonymous Coward · · Score: 3, Interesting

    what about software that can create a FAT file system? Do those entities who distribute such software have to pay? How about users who format a drive, are they required now?

  4. USB Sticks and CF cards by el_womble · · Score: 5, Interesting

    I'm under no obligation to use FAT on my USB sticks. They come with a FAT filing table, but the functionality of the device isn't compromised by my using a different file system. USB stick manufacturers could simply sell their wares unformatted like the old floppy days, or you could pay $0.50 more and get a formatted one. Let the consumer decide.

    As for digital cameras... well that was their decision. Unless I, as a consumer, am going to get fined for buying a piece of hardware that was unlicenced I don't care. The patents on FAT were no secret. They were, as are all the other patents, kept in a public place, next to the patents for lenses, CCDs, batteries and jpeg compression. As with any other patent, if you want to use the tech you have to pay the licence... and then pass that cost onto the customer.

    Having a single filesystem that is accessible to all is good for everyone, especially Windows users. If Microsoft make it difficult to use digital cameras with their operating systems then they're going to piss a lot of people off. Digital cameras are one of the few reasons people buy a new computer so making it difficult to use digital cameras on Windows systems is not in their interests but perhaps worse for Microsoft is that people will install software that lets them use EXT3, Reiser4, UFS or heavens forbid, HFS+. People could use harddisks from other operating systems, with no need to defrag, decent meta information and genuine multi-user support!

    I work with OS X, Debian and NT4 on a daily basis. The only way I can predicitably transfer files between them is using FAT16/32, and the limiting factor is NTs lousy support for alien filesystems. Microsoft should place FAT in the public domain. Its not strong enough to warrent a licence, and should really have become extinct along side the floppy disk. Charging people a licence to use a technology that was chosen because of a weakness in your main project, your operating system, is as lame as lecturers teaching from their own book.

    --
    Scared of flying, pointy things snce 1979!
  5. Food chain by scsirob · · Score: 2, Interesting

    Where in the food chain does Microsoft expect to get these $25c from? For instance, 32MB USB Flash keys are produced millions at a time for about $10c each in Asia. Are they going to ask $25c for each manufacturer, causing the end-user price to more than double? Or will they charge the end-user?

    --
    To Terminate, or not to Terminate, that's the question - SCSIROB
    1. Re:Food chain by QMO · · Score: 2, Interesting

      So, you don't think that a box of pre-formatted floppies would increase in price by $2.50?

      --
      Exam 4/C again. Maybe I'll do better this time.
    2. Re:Food chain by MobyDisk · · Score: 5, Interesting

      The grandparent posted is correct.

      1) Even if they do have FAT pre-installed, that doesn't matter. A patent applies to the device that is using the FAT system (camera, computer, etc.), not the media it is on. (For example: A patent woudl apply to a printing press, but not to the book that is printed by the press.)
      2) His point is that they don't have to have it pre-installed anyway. The device you put it in can do the formatting easily enough.

      Also, just because something is modded-up that you think is wrong, doesn't mean that the moderation system is bad. You may be modded down merely for the comment.

  6. Is the patent... by Anonymous Coward · · Score: 1, Interesting

    ...covering storage media as well as the devices that use it?
    In that case, manufacturers could deliver their media units unformatted!
    Wouldn't that be a solution to avoid the 0.25$/unit?

  7. Corruption a Certainty by ObsessiveMathsFreak · · Score: 1, Interesting

    In the months since the last ruling, MS obviously got to someone (can you say bribes?)

    Well, they have spent considerable sums of money "lobbying" members of the US congress, and probably other parliments as well.

    But I take it you meant that actual brown paper bags full of cash were paid to certain persons of influence within the USPTO. Quite frankly, I think that not only is this a possibility, it is also a very likely one.

    The USPTO is a corrupt organisation. Incompetance is the worst form of corruption, and they are certainly guilty of that. But I think even the most conservative of oberservers would have to admit that there is simply too many suspect happenings within the office to attribute soley to bereaucratic bumbling.

    --
    May the Maths Be with you!
  8. FAT sucks, but there's no alternative by Jesus_666 · · Score: 2, Interesting

    FAT sucks, but it's ubiquitous. There is no other file system that does what FAT does: Run pretty much everywhere. I take a FAT-formatted USB drive, plug it into a Win box and put some files on it, then I put it into my Linux box and copy the files to my home directory, then I put it into my iBook and do the same there. With a different file system I might have needed to install drivers or use some other method of moving my files around.

    Until we can get another file system to where FAT is now we're pretty much stuck with FAT. Unfortunately Microsoft won't support a non-Microsoft file system and NTFS (or any other new file system from Redmond) won't be released as freely as FAT is. Unless the next big rewritable medium has a portable, adaptable (to different media) and modern file system we'll be stuck with FAT until MSFT gets forced to release the NTFS specs or until the Unices reach a 50% market share on the desktop, whichever comes first.

    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  9. More accurate history of FAT by Beryllium+Sphere(tm) · · Score: 4, Interesting

    Marc McDonald is the inventor of FAT. If memory serves it was created to support Altair Disk Basic.

    Bill Gates has received the credit in print. The confusion probably happened because Bill Gates identifies himself completely with Microsoft.

    Marc designed it to be optimized for floppies, with an allocation table sized to stay resident even in the tiny RAM of the machines of those days. He always thought it was a little silly to use it on hard disks.

  10. Patenting arrays? by tchernobog · · Score: 4, Interesting

    What can you possibly patent about a FAT table? It's more or less a huge array!
    While the rest of the world is exploring new ways to implement filesystems and thus producing innovation, what one of the most rich and powerful software company in the world does?

    It bloody well enforce patents about twenty-five-years old bloody technologies.
    Silly of me to think they were working to finish that WinFS of theirs, instead.

    Look out for your helloworlds, they'll be knocking at your door with patent no. 1340032423 very soon.

    PS: How much for these patents to expire? Fortunately I live in Europe, so I can keep FAT support in my GNU/Linux kernel ;-)

    --
    42.
  11. Short file names? by Richard+W.M.+Jones · · Score: 2, Interesting
    Every digital camera I've ever used (which is only about 5 or 6, so I may be wrong here) has only used short filenames. 'IMG_1234.JPG'. These aren't even covered by the patent. So why do they pay royalties?

    Rich.

  12. CP/M 2.2 Prior art? by crusty_architect · · Score: 4, Interesting

    As usual with these things, I am struggling with how MS have gotten around what I would see as prior art. The CP/M file system, developed by Digital Research in ~ 1977. I wrote a defrag and badblock utility for CP/M and CP/M-86 in the 80's, and it's not a huge leap from the CP/M FS to a FAT FS. DR are long dead but it still begs the question....did MS really dream this up?

    1. Re:CP/M 2.2 Prior art? by Alioth · · Score: 3, Interesting

      The patent isn't over FAT, the patent is over storing long filenames in FAT, i.e. MICROS~1 instead of Microsoft. Therefore, cameras etc. just need to not support this method of long filenames to avoid the patent.

  13. What about UDF? by m50d · · Score: 5, Interesting

    Every OS supports it for the purposes of reading DVDs. It may not have been designed for flash drives, but it works on them fine. And it's an ISO standard.

    --
    I am trolling
    1. Re:What about UDF? by Baki · · Score: 4, Interesting

      Interesting suggestion. I just read the spec, and it seems to have been designed to be truely universal. It supports attributes found in any operating system and can be adapted to any medium (all kinds of block size etc. are free and thus can be set to values to accomodate any type of medium).

      I think it is a bit heavy, but nowadays that should not really matter.

  14. C# by Lobais · · Score: 2, Interesting

    If you put this into perspective on the mono case. Then what will happen when the c# "standard" is widely used?

  15. non m$ dos? by Alchemar · · Score: 2, Interesting

    How will this effect other DOS systems like DR DOS and FreeDOS?

  16. Re:Prior Art and Billy by Teancum · · Score: 2, Interesting

    Microsoft was in the business of writing compilers in 1980, not operating systems. IBM wanted to buy the Microsoft compilers for the IBM-PC, but after getting the cold shoulder from Gary Kildal, Microsoft decided to include an operating system as well in their proposal.

    To get something going right away, Microsoft bought a variant of CP/M-86 as the core of MS-DOS 1.0, and included many of the older conventions of CP/M as well. Some of the file access methods including early FAT organization was introduced as well.

    In all fairness to Microsoft on this point, when MS-DOS 2.0 came out, there was a fairly substantial change to the architechture. It wasn't until DOS 2.0 that hard-drive support was offered at all, and the need for something like FAT as it currently exists. DOS 2.0 also supported sub-directories for the first time and tree navigation and diagnostics tools.

    That was all still more than 20 years ago, which still begs the question about what the patents really cover and if they are original research, as most ideas in FAT were hardly new even when Microsoft used them in later versions of DOS and Windows.

    NTFS might have some claims of originality, but that is another beast entirely and has its own pedigree.