Germany Rejects Microsoft FAT Patent

Askmum writes in with news that a German patent court has ruled Microsoft's patent on FAT invalid in that country, finding that it is "not based on inventive activity." Just one of 6,000-odd patents Microsoft has amassed since a 1991 memo from Bill Gates turned around the company's attitude to patents.

Comments

This is great... fta

[micromuncher]

FTA "[Prevents company from] lay claim to basic computing procedures that in the final analysis are trivial."

And, FAT is a trivial format, (as are Apple DOS 16, ProDOS, CODOS, and other ancient formats) but FAT has the caveat it is commonly used today in devices such as digital cameras (So pfffft on the person who said its not used.)

I completely agree with the german PO that a patent has to be on something innovative and inventive. Every time I see a patent for a double-linked list or radix sort I get the shivers.

Re:Ya gotta fight fire with fire

[Scott7477]

I agree with you. The article in ArsTechnica pointed out that at the time of the memo, Microsoft's position in the market was radically different than it is today. MS was a relatively small company compared to the big boys in the enterprise world like IBM and Sun and Novell. The way software was distributed was totally different as well. Given that the Internet was primarily an academic and military system at the time, companies were still sending you boxes of floppies. I recall from graduate school at that time seeing a business plan that contemplating distributing software through vending machines! It seems absurd now, but at the time it wasn't that far out of the ball park. In any case, based on reading the excerpt from the memo, Gates was trying to figure out how best to make money from the business of writing software. Today, the open source community is in the same boat. We want non-restrictive licenses (like MIT's), but also want to put food on the table.

I don't excuse MS's anti-competitive business practices, and a lot of their frankly dumb decisions over the years. But I can see where Gates has something of a point. To me, since software costs practically nothing to copy, the primary way to make a profit at software is in support. Most general-use software is rather simple to produce these days (see how many different text editors there are). So I don't think most types of software should be patentable.