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Microsoft Gets Back Its FAT Patent In Germany

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

113 comments

  1. My first thought... by Anonymous Coward · · Score: 4, Funny

    MS has patented Steve 'Sweaty' Ballmer??
    I wonder if I can I patent turtle-necked geek with a messiah/god complex.

    1. Re:My first thought... by mkiwi · · Score: 1

      This just proves that once you get fat, you never go back!

    2. Re:My first thought... by Anonymous Coward · · Score: 0

      Ballmer is thin by kraut standards.

    3. Re:My first thought... by Hognoxious · · Score: 1

      I wonder if I can I patent turtle-necked geek with a messiah/god complex.

      Nicht im Deutschland, es gibt Früher Kunstmittelstoffwerken.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    4. Re:My first thought... by Hurricane78 · · Score: 1

      Well, I don’t know about neck features, but I bet $100, that Jobs already has a least a dozen patents on himself. ^^

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
  2. Microsoft gets Back Fat? There's an iDiet for that by Anonymous Coward · · Score: 5, Funny

    just saying.

  3. Software Patents in Germany by Anonymous Coward · · Score: 5, Insightful

    Just too bad that software patents can not be inforced in germany. They only exist for a possible future change of german or european patent law. A change which is currently rather unlikely.

    1. Re:Software Patents in Germany by assemblyronin · · Score: 1

      I want to agree with you based on the fact that I have to believe that Europeans are better educated in things Technological. However, given enough money thrown at the problem with enough motivated entities it becomes an inevitability even in such an environment.

    2. Re:Software Patents in Germany by LordVader717 · · Score: 1

      Software patents certainly are enforced, that's kinda what this story is about. The only issue is that the patents may not apply to all European countries, but even so everybody pays more or less the same fees as in the US.

    3. Re:Software Patents in Germany by Anonymous Coward · · Score: 0

      Software patents are typically disguised like this: Apparatus which performs the algorithm. The patent isn't on the software, just on a device which uses it. Say you want to make a camera which writes pictures to a FAT file system. Bzzzt. That's covered by the patent. You could write alternative FAT implementations, distribute and even sell them, so a Linux driver would be fine, but as soon as you start selling devices running that software, Microsoft has you cornered. Yes, this blatantly works around the physical invention rule, but that's the way it is done in Germany.

    4. Re:Software Patents in Germany by Anonymous Coward · · Score: 0

      Unbelievable.

  4. Timelines by coniferous · · Score: 2, Insightful

    Isnt there a statue of limitations in germany? I mean, FAT is like 20 years old.

    1. Re:Timelines by Lunix+Nutcase · · Score: 0, Troll

      Isnt there a statue of limitations in germany?

      No, Germany does not have limitations in a statue form. On the other hand, they might have a statute of limitations.

    2. Re:Timelines by will.perdikakis · · Score: 1

      WHOOSH!

      http://www.youtube.com/watch?v=LUIP_9fl1IM

      --
      -Will P.
    3. Re:Timelines by sentientbeing · · Score: 1

      Wow. Your google-fu is strong, grasshopper

      --

      ------
      beware he who would deny you access to information, for in his mind he dreams himself your master
    4. Re:Timelines by coniferous · · Score: 1

      Proof that spell check is useless without a brain to go with it. I think I need another cup of Coffee.

    5. Re:Timelines by Anonymous Coward · · Score: 0

      He totally fucking fails at hyperlinks though.

    6. Re:Timelines by Lars+T. · · Score: 1
      This isn't about FAT itself, but about the Long~1.ext filenames for FAT - which makes this about 15 years old.

      PS: if you're want to nitpick about the format of the name - screw you.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    7. Re:Timelines by Anonymous Coward · · Score: 0

      From the patent: "Filed: April 24, 1995" ... which means, with a 15-year limit, it expires tomorrow.

    8. Re:Timelines by calidoscope · · Score: 1

      I mean, FAT is like 20 years old.

      More like 30 years old (QDOS) to 34 years old (M$ Disk BASIC).

      --
      A Shadeless room is a brighter room.
  5. I thought Europe didn't allow software patents? by Palestrina · · Score: 3, Interesting

    What am I missing?

    1. Re:I thought Europe didn't allow software patents? by H.G.Blob · · Score: 2, Informative

      The European Patent Office usually does not grant software only patents but that doesn't mean that each country can't have a diverging policy. If you RTFA, the original decision was in part motivated by the EU policy on software patents.

    2. Re:I thought Europe didn't allow software patents? by LordVader717 · · Score: 1

      They do. At least, they're not very rigorous about taking them down. The courts get to interpret the law. Because of the uncertainty, Europeans have to license much the same patents as Americans.

    3. Re:I thought Europe didn't allow software patents? by Arancaytar · · Score: 3, Interesting

      You're missing the fine print loophole. Yes, software applications are not patentable.

      However, the loophole is that an invention that solves a "technical problems" in a non-obvious way (rather than just a "business problem") is still patentable - which according to this court decision includes file systems.

      As far as this non-lawyer can see, that makes the law a paper shell because it protects only software that is obviously not patentable anyway (Say, Microsoft getting a patent on word processors*) but leaves algorithms unprotected. (Ironically, algorithms are also considered unpatentable in the narrowest sense, which is why patents have to replace the word "algorithm" with one that the Patent Office does not understand.)

      (*Or Amazon getting a patent on a web shop UI... OH WAIT. :P )

    4. Re:I thought Europe didn't allow software patents? by Anonymous Coward · · Score: 0

      But like always how is that nonobvious? Any software developer worth his salt could come up with thousand solutions for similar problems in minutes. He had to think, but at most he should be granted a patent for eight hours to pay back his great effort. The solution itself is worthless and produces little innovation.
      The only reason this patent is valuable is because they are MS and can use the patent to keep others from making inter-operable software.
      They should be getting an antitrust lawsuit, not money.

  6. Oblig reference... by Anonymous Coward · · Score: 0

    It is "statue" of limitations.

    1. Re:Oblig reference... by WillDraven · · Score: 2, Informative

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

      --
      This is my sig. There are many like it but this one is mine.
    2. Re:Oblig reference... by Locke2005 · · Score: 1

      No, he means Statue of Limitations, not statute.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:Oblig reference... by Anonymous Coward · · Score: 1, Informative

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

      401 error on your link buddy.

    4. Re:Oblig reference... by amliebsch · · Score: 1

      I really think you're wrong!

      --
      If you don't know where you are going, you will wind up somewhere else.
    5. Re:Oblig reference... by ewoods · · Score: 1
  7. I wonder by Jaysyn · · Score: 1, Flamebait

    I wonder how much that cost MS. Bribes aren't cheap.

    --
    There is a war going on for your mind.
  8. Retroactive by Anonymous Coward · · Score: 3, Insightful

    This seems fucked up. The patent was invalidated, which allowed anyone to implement the technology from the patent. Now, they're saying that the patent is valid, which means that anyone who implemented technology from the patent has been retroactively made a criminal. They will have to pay royalties on anything they sold, and they will be unable to sell their product anymore, even if they spent millions on developing it (unless they get a license from Microsoft).

    1. Re:Retroactive by Dumnezeu · · Score: 1

      Do you have anything to support that FUD?

      --
      Yes, it's sarcasm. Deal with it!
    2. Re:Retroactive by Darinbob · · Score: 1

      No, they retroactively made people patent infringers, that's not the same as being a criminal. It's up to Microsoft to sue or not sue.

    3. Re:Retroactive by thinusp · · Score: 1

      If you spent millions developing a product based on the original ruling you must have hired at least one legal expert. And he would have told you that the case is under appeal in a higher court. Which still means that it can go either way.

      So if you spent money developing a product with no clear legal standing, you're the idiot, not the courts. T

    4. Re:Retroactive by JAlexoi · · Score: 1

      Do you have anything to support that FUD?

      WTF? Man... That is not FUD, but logical reasoning.

  9. Fat Patent? by Anonymous Coward · · Score: 0

    With Steve Baldmer at the head of Microsoft, that was kind of obvious.

    1. Re:Fat Patent? by Sulphur · · Score: 1

      With Steve Baldmer at the head of Microsoft, that was kind of obvious.

      Who is Steve Baldmer, anyway.

      If something is obvious, then you can't patent it. Oh, behavior, you can't patent corporate behavior.

      --

      This is not the statue you are looking for. Nothing to see here. Move along.

  10. FAT is antiquated by clone53421 · · Score: 2, Interesting

    Does this have any practical significance? Am I missing something? Is FAT still worth enough for them to bother fighting to have their patent in Germany?

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    1. Re:FAT is antiquated by Anonymous Coward · · Score: 0

      Sure. USB, SD, CF cards all use it out of the box and you know how many of those are out in the wild.

    2. Re:FAT is antiquated by fuzzyfuzzyfungus · · Score: 5, Insightful

      FAT is, indeed, an antique; but it is still pretty much the only FS that is trivial enough to implement in your cheap digital camera or USB MSC MP3 player, or whatever, that is also supported out of the box by MS operating systems.

      That is why FAT is still worth something to Microsoft. Even for fairly fiddly embedded systems, there are plenty of free filesystems that are easily good enough. For real computers, FAT would be absurd. If, however, you are making a fiddly embedded system that also has to share a filesystem with a real computer, FAT is basically your choice(or exFAT, which is newer and more evil, and will be patent protected even longer).

      Microsoft has absolutely no incentive to support ext2, 3, or 4, or HFS, or any of the others, and NTFS is a bit much for the lighter-weight embedded systems.

    3. Re:FAT is antiquated by clone53421 · · Score: 1

      I can buy them in the United States, so they must be licensed to use FAT.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    4. Re:FAT is antiquated by jedidiah · · Score: 4, Insightful

      FAT is needed because Microsoft has effective control of it's OS platform and any other new filesystem standard is going to create a similar patent and support nightmare.

      Microsoft is going to do it's hardest to trap it's users and make everyone else seem like 2nd class (just like Apple does).

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:FAT is antiquated by G00F · · Score: 1

      More than just it being an old stepping stone tech, I would think with this patent close to expiring (filed 95, granted in 96), it would not be pursued.

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
    6. Re:FAT is antiquated by Anonymous Coward · · Score: 0

      Yes anyone that sells ANY device with Linux installed MUST Purchase a FAT License from Microshaft. Like it or not. Sofware Patents suck.

    7. Re:FAT is antiquated by fuzzyfuzzyfungus · · Score: 2

      My understanding is that there isn't any real technical obstacle to implementing other FSes on Windows(though to work with the newest ones, you might well need to play the WHQL/driver signing game, which isn't free, and would give MS the option of stonewalling you); but that, in practice, there is basically no way that that is going to happen.

      Customers(sensibly enough) are going to balk at being asked to install a kernel driver just to get a flash drive or generic MP3 player to work and, even if they would go for it, MS can easily enough make FAT licensing sufficiently cheap that it just isn't worth the effort and support nightmare of producing a fully supported ext2 implementation for Windows.

      Hopefully the patents involved will expire soon.

    8. Re:FAT is antiquated by Yvan256 · · Score: 1

      What matters is not how many there are out in the wild but how many are domesticated.

    9. Re:FAT is antiquated by Anonymous Coward · · Score: 0

      ... NTFS is a bit much for the lighter-weight embedded systems.

      Or, indeed, the 360.

    10. Re:FAT is antiquated by Darinbob · · Score: 2, Interesting

      The patent covers the long file name implementation. This isn't a patent on FAT in general. So a USB card will not be patent infringing. Even if there are long file names on it, the infringer is whatever created those files. This would be things like digital cameras for instance that actually create files, or other operating systems, etc. Reading the long file names would not be affected by the patents.

    11. Re:FAT is antiquated by Lars+T. · · Score: 1

      I can buy them in the United States, so they must be licensed to use FAT.

      Sure, so they pay a fee in the US, but not where the patent isn't valid. Shouldn't make a difference to MS - apart from the fee.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    12. Re:FAT is antiquated by Anonymous Coward · · Score: 1, Interesting

      Microsoft did not invent FAT (and they where not the first to use it). The German patents are about a specific FAT extension that make it possible to store both the 8.3 "DOS" filename as well as the long "Windows" filename in a FAT filesystem. Linux (and other open-source projects) now have a simple trick to avoid licenses: they store the short OR the long filename. This works transparently for short filenames, and (now rare) devices that can't handle the long filenames don't use long filenames anyway.

    13. Re:FAT is antiquated by Jesus_666 · · Score: 1

      Note that Cameras often create files with names like "DCIM0043.JPG", which fits into the old 8.3 format. This might be in order to avoid having to license the FAT LFN patent.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    14. Re:FAT is antiquated by Philip_the_physicist · · Score: 1

      Wasn't there a story here a couple of years ago that MS and some other large companies were charging a fee for all items sold, whether in a country which recognises the patent in question or not, as a condition of licensing it in any country which does recognise the patent.

    15. Re:FAT is antiquated by Anonymous Coward · · Score: 0

      Yes. Bought a USB thumb drive? It usually comes formatted in FAT32, if it's 2GB or more. Bought an iPod? Using it as a USB disk means you're accessing it with a FAT32 filesystem. Got another MP3 player? A Creative Zen, or a Sandisk Sansa? Same deal. A SD or xD card in your digital camera? Preformatted FAT32. Microsoft sued TomTom for its use of FAT32 on its Linux-based GPS systems last year. (The Linux kernel has since been patched to remove the short filenames that the patent covers...but that only applies to fully-patched kernels, and newer versions being released, not existing, unpatched kernels.)

      See the significance now?

    16. Re:FAT is antiquated by Lars+T. · · Score: 1

      Wasn't there a story here a couple of years ago that MS and some other large companies were charging a fee for all items sold, whether in a country which recognises the patent in question or not, as a condition of licensing it in any country which does recognise the patent.

      Sure - if the manufacturer actually agrees. I doubt that those (like Chinese no-names) who instead try to get around paying even where the patent is valid will pay where it isn't.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    17. Re:FAT is antiquated by sowth · · Score: 1

      Or maybe there is no point in using long filenames if you just need to uniquely identify something with a number. 8 digits gives you 100,000,000 possible combinations. Unless they expect someone to take more than 100 million pictures in one session, it probably isn't worth the effort to program "long filenames" into their systems.

    18. Re:FAT is antiquated by Jesus_666 · · Score: 1

      Of course one doesn't hurt the other.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  11. Who Cares by b4upoo · · Score: 0

    Why would anyone want to be stuck with FAT? There are several great file systems in use these days.

    1. Re: Who Cares by mr_da3m0n · · Score: 4, Informative

      Tell this to cameras, PDAs, consoles, embedded devices... In a windows-dominated world, what else would you use that everyone could read from write to? NTFS? Ha, no.

    2. Re: Who Cares by Dogtanian · · Score: 1

      Why would anyone want to be stuck with FAT? There are several great file systems in use these days.

      Because pretty much everything uses it, that's why. You can put forward a well-argued case about why ext69 is a better filesystem because it can store 1GB of data in seven bits, still be readable after a direct hit with a hydrogen bomb leaves only three atoms of the drive remaining, and solves world peace- but it won't be compatible with every random Tom, Dick and Harry device out there.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    3. Re: Who Cares by Anonymous Coward · · Score: 1, Insightful

      There are windows ext2 drivers. And damn near every camera, pda, and MP3 player in the world comes with an (often useless) driver/install disk. Maybe this market should push back. Maybe this is why we have laws regulating monopolies. Its not like there are no options here.

    4. Re: Who Cares by ChefInnocent · · Score: 1

      You are always welcome to create your own drive and sell it in the market place without FAT. In this free market, if you make a better product, then you should be able to wipe out the rest of the market or at least be able to compete to a level of profitability. So far, the market has cried loudly that FAT is the best of the best having nearly crushed all the competition. Furthermore, in a truly free economy, monopolies should be allowed to exist as long as they provide the best product for the best price. The minute a monopoly no longer creates the best product for the best price, a competitor will rise up and take that dominance away. Thus, clearly, the free market system has indicated there is either limited use for the ext2 file system, or no one has tried.</sarcasm>

    5. Re: Who Cares by Anonymous Coward · · Score: 0

      I really need to make an account. I am not sure what your point is here. But no, personally I have never seen any of the incumbent device makers (the guys with power and money) try to deploy an alternative file system on windows. They may find it in their collective best interest to at least try (not that they read /. but maybe their engineers do). I also do not understand your silly free market rant. The US already has the ability to regulate monopolies. Instead of making Microsoft freely distribute FAT I would prefer to force them to provide a method for device makers to use whatever file system they prefer (within reason, possibly through a standards org). This would require the DoJ to continue putting pressure on MS, and I have little faith that it will happen though.

      While pragmatism is indeed quite powerful, we should not always blindly follow that path. The greatest improvements are from recognizing the root causes of problems and working towards fixing them. If we are always pragmatic then we will eventually drown in our hacked together, and worked around spaghetti code. I guess I am making the argument here that interoperability is a right not a privilege. At least with Microsoft the DoJ once agreed with my views, so it is not too crazy a view.

    6. Re: Who Cares by ChefInnocent · · Score: 1

      My point was kind of to mock a couple of groups. First, those that believe we have a free market system. Second, to mock those that think everything is unicorns and leprechauns in a truly free market system.

      I believe that monopolies are the end result in a truly free market system. One player will dominate the market place through one means or another. Once they have that monopoly, they will force their will on others, and squeeze out any possibility of another player rising. Furthermore, even if that were not the case, not everyone has the means, ability, or resources to actually start up a business. Yet, some people just think that a truly free market will just make room for the best ideas even for those without the resources.

    7. Re: Who Cares by Jesus_666 · · Score: 1

      UDF? Granted, writing to it is finicky under OS X and I'm not sure how well Windows works but it has been a full FAT replacement for ages. Except people don't seem to bother even perceiving it.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    8. Re: Who Cares by mr_da3m0n · · Score: 1

      That would require packet writing (UDF 1.50+, I believe?), and that feels somewhat tacked on as an afterthought.

      Maybe it could indeed be used, but I'm not sure what the limitations and performance issues would be, if any, but perhaps it could be a viable replacement -- only, it's not nearly as universal as you make it sound like, unlike FAT.

    9. Re: Who Cares by Jesus_666 · · Score: 1

      Actually, no. It requires the "Plain" build (random read/write access), which is the most basic UDF build that all UDF implementations should support. Packet writing is a means of making it transparent to the user whether he's using a write-once or a rewritable medium, using either the "VAT" or the "Spared" build.

      Annoyingly, proper support of plain UDF is not universal and operating systems may or may not properly work with plain UDF filesystems. For example, even though OS X is supposed to properly support plain UDF I still managed to confuse the filesystem layer by using a UDF-formatted USB stick (done on both 10.5 and 10.6).

      The large number of UDF revisions and the lack of support some OSes have for them is a large problem. If all major OSes fully supported UDF and treated it as a first-class citizen, we'd have a shoe-in for FAT32's successor.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  12. Open filesystems for digital cameras? by Anonymous Coward · · Score: 0

    Are there any high end digital cameras that have an option to use, for example ext2/ext3, because those file systems kick FAT ass in all benchmarks.

    1. Re:Open filesystems for digital cameras? by larry+bagina · · Score: 1

      except for the one benchmark that matters -- using it with windows.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

  13. Stupid Headline by fm6 · · Score: 5, Informative

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

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

    1. Re:Stupid Headline by hvdh · · Score: 2, Interesting

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

      Kludge is quite right. I was pretty surprised to find out that on CDROMs, a long filename had a different 8.3 name when listed in pure DOS vs. in a Windows 98 (?) command shell.

    2. Re:Stupid Headline by Anonymous Coward · · Score: 0

      Mod parent up. The patent deals with the VFAT filesystem, which can be read by a file system that only supports FAT (and written to also, although doing so might destroy the long file name).

    3. Re:Stupid Headline by jolson74 · · Score: 1

      True... but many folks who would use FAT these days would want to use long file names as well. Otherwise, your filenames get munged when moving data from a "real" FS to the FAT based one (e.g. transferring data between computers using a USB key, etc.)

      As a result, this patent does a pretty effective job of locking up use of FAT as well.

    4. Re:Stupid Headline by Anonymous Coward · · Score: 0

      Completely different issue. CDROMs don't use the FAT filesystem.

    5. Re:Stupid Headline by Anonymous Coward · · Score: 0

      Shouldn't it block other file systems from implementing the same feature the same way, but not block implementations nor use (as in interacting with ) of FAT file systems?

    6. Re:Stupid Headline by fm6 · · Score: 2, Insightful

      CDs don't use FAT. Probably ISO 9660. In which case the bug would be in Microsoft's implementation of that standard.

    7. Re:Stupid Headline by c++0xFF · · Score: 1

      Is this what passes for innovation these days? Kludges to ensure backwards compatibility?

      Makes me want to patent all the clever hacks I've put into my own code, instead of getting rid of them.

    8. Re:Stupid Headline by anonum · · Score: 3, Interesting

      Yes and there's a linux kernel patch that should cleverly circumvent that patent
      http://www.linuxfordevices.com/c/a/News/FAT-patch/
      http://lkml.org/lkml/2009/6/26/313
      It hasn't apparently been tested in court so far though.

      On U.S. soil, one wouldn't probably want to acid-test the above patch in court, somewhere was mentioned that it may cost up to $5M to defend yourself in court for a single patent infringiment, even if you would not turn out to be infringing a patent at all.

    9. Re:Stupid Headline by value_added · · Score: 1

      Completely different issue. CDROMs don't use the FAT filesystem.

      Correct, but didja know that, by default, NTFS stores both long and short file names?

      And yes, that Windows still smells of DOS after all these years, is considered a feature.

    10. Re:Stupid Headline by Darinbob · · Score: 1

      CD's don't use FAT... They have their own confusing and conflicting set of standards. Long file names on CDs are not strictly portable according to standards, though most systems are flexible enough accept them even w/o ugly Joliet extensions.

    11. Re:Stupid Headline by Anonymous Coward · · Score: 0

      It is a feature; it means that 16-bit apps (including the excellent New Shorter Oxford English Dictionary that I use almost daily) continue to work.

      If you don't like the feature, turn it off.

    12. Re:Stupid Headline by Lars+T. · · Score: 1

      Completely different issue. CDROMs don't use the FAT filesystem.

      Which BTW is exactly why the old decision was overturned - isn't it amazing what you can find out when you RTFA?

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    13. Re:Stupid Headline by maxwell+demon · · Score: 1

      Windows uses Joliet (an extension to ISO9660). And before you cry about Windows using proprietary extensions: Linux uses the Rockridge extension to ISO9660.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    14. Re:Stupid Headline by yuhong · · Score: 1

      And Apple has it's own extension to ISO 9660 too.

    15. Re:Stupid Headline by fm6 · · Score: 1

      It takes more than that to bring me tears.

      So, is the problem in the Joliet spec or MS's implementation of it?

    16. Re:Stupid Headline by maxwell+demon · · Score: 1

      Basically, Joliet is a completely separate directory structure. Since Windows 98 didn't come with its own CD burning application, it's nost likely the problem of whatever program created the CD. I guess the problem is related to the fact that Windows uses the tilde for the short file names on FAT, but the tilde is not an allowed character for file names on original ISO9660. I guess the burning application copied the original short file name into Joliet (so you'd get a consistent experience under Windows), but replaced the tilde in the ISO9660 file name (necessary to be standard conforming). Windows read the Joliet directory and got the tilde form, while DOS read the ISO9660 directory and got the tilde-free filename.

      So if my guess is right (without actually seeing the actual file names, I cannot be sure), the problem is neither the Joliet spec nor Microsoft's implementation of it, but a mismatch between Microsoft's decision to use a tilde in the shortened FAT filename, and the fact that ISO9660 didn't allow a tilde in the filename. A burning program therefore had to decide between using a different short file name on the Joliet and ISO9660 directories (thus producing an inconsistency between operating systems which do and those which don't use Joliet) and generally using a different short file name on the CD than the one on the hard disk (which would have a visible effect even within Windows 98, and would likely have generated more complaints).

      --
      The Tao of math: The numbers you can count are not the real numbers.
    17. Re:Stupid Headline by fm6 · · Score: 1

      Makes me want to patent all the clever hacks I've put into my own code

      That is, in fact, a common practice. I've worked at two different software companies that did it routinely. The purpose is not so much to force people to pay you for using your hacks as to use your patents as leverage against other companies in your various legal battles.

      Not really practical unless you have a bunch of lawyers on the payroll to figure out what's patentable.

    18. Re:Stupid Headline by fm6 · · Score: 1

      A most informative post. Pretty good for a guy who spends all his time sitting around waiting for fast molecules to come along, so he can open a tiny door.

  14. So... by ProdigyPuNk · · Score: 2, Insightful

    Correct me if I'm wrong, but Microsoft was basically granted a patent for throwing metadata in unused volume labels ? Why would anyone even WANT to violate the patent ? According to the Wikipedia entry on Long Filename, too many files with the same first six letters will cause issues. Man, that is one hell of a hack.

  15. The geek mind-set by westlake · · Score: 2, Interesting

    I wonder how much that cost MS. Bribes aren't cheap.

    Loose talk about bribery is for losers.

    Given the importance of complex legal codes, {German] judges must be particularly well trained. Indeed, judges are not chosen from the field of practicing lawyers. Rather, they follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter the judiciary. Judicial candidates start working at courts immediately, however they are subjected to a probationary period of up to five years before being appointed as judges for lifetime. Judiciary of Germany

    1. Re:The geek mind-set by blackraven14250 · · Score: 1

      Ah, so, your counter to talk about bribery is about how judges "follow a distinct path (where they choose at the end of said path, just like a bad open-ended game)", and are exceptionally well trained?

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

    2. Re:The geek mind-set by Hognoxious · · Score: 1

      That's all well and good, but doesn't it mean that they're not one but two steps removed from the real world that they're ultimately passing judgments on?

      Also, it neither refutes nor proves the GP's accusations of bribery. Especially if they have to pay for all those years of schooling themselves.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:The geek mind-set by westlake · · Score: 4, Informative

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

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

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

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

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


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


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

  16. Similar 8.3 file naming schemes have also existed by viralMeme · · Score: 2, Informative

    `Similar 8.3 file naming schemes have also existed on earlier CP/M, Atari, and some Data General and Digital Equipment Corporation minicomputer operating systems'

  17. Expiration? by Angst+Badger · · Score: 1

    Isn't that patent close to expiration now?

    --
    Proud member of the Weirdo-American community.
  18. Re:Microsoft gets Back Fat? There's an iDiet for t by Dogtanian · · Score: 1

    just saying.

    From what I've heard, the problem with the iDiet is that it's a little too effective.

    Latest Update: After another couple of years on the diet, Steve finally gets the well-defined cheekbones he was after.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  19. Re:Microsoft gets Back Fat? There's an iDiet for t by Anonymous Coward · · Score: 0
  20. Re:Microsoft gets Back Fat? There's an iDiet for t by Monkeedude1212 · · Score: 1

    Hey man, its not fat, its just bloated.

  21. Only in this world by Anonymous Coward · · Score: 0

    Only in this world would a hack to fix a bad design be considered "new" and "inventive". Unbelievable.

  22. How Linux avoids this patent by steveha · · Score: 4, Informative

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

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

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

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

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

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

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

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
    1. Re:How Linux avoids this patent by wonkavader · · Score: 1

      Well, that's interesting. If that works, then there's no reason why ANYONE should be paying MS royalties. Who cares at all about 8.3 file names anymore? If you want an 8.3, put an 8.3 in the long name.

    2. Re:How Linux avoids this patent by Anonymous Coward · · Score: 0

      The horrible junk includes illegal characters for a filename. Thus, Linux is not writing both a long and a short filename, and thus isn't infringing.

      The workaround relies on that one specific claim. It could easily be argued that even though the short string contains illegal characters for a "normal" filename it still is a filename as far as the patent is concerned. There is nothing in the patent that says what the "legal" characters are (different filesystems have different requirements), or even what a filename constitutes to - i.e. that you have to be able to access a file via a filename.

      In fact, that's partially what's wrong with software patents - reading just claim 1, it says - hey, wouldn't it be cool if we stored both short and long filenames. It's just an IDEA, and nothing that even comes close to specific implementation or details of how this implementation is supposed to work and what it is supposed to achieve. These types of IDEAS are not supposed to be patentable.

    3. Re:How Linux avoids this patent by Anonymous Coward · · Score: 0

      It could easily be argued that even though the short string contains illegal characters for a "normal" filename it still is a filename as far as the patent is concerned.

      Maybe so, but Tridge did consult with lawyers. If you are a lawyer, please start citing reasons why we should worry about this; otherwise, please stop wildly speculating about legal matters.

    4. Re:How Linux avoids this patent by Anonymous Coward · · Score: 0

      I don't have to cite anything - I can freely express my opinion whether it suits your view of the patent or not. And guess what - so can you.

      Just because the patent is a legal document doesn't mean you cannot have an opinion about it unless you are a lawyer, especially in a field where most lawyers know next to nothing about.

    5. Re:How Linux avoids this patent by Anonymous Coward · · Score: 1, Insightful

      Oh, you are free to tell us all your opinion. Since you didn't back it up, you are just wasting all our time, but you can do it.

      I'm free to paste bad jokes in here too, or just insult you. That's just as useful!

      When the question before us is "does Tridge's patch successfully avoid the patent?" your opinion is pointless. So is mine. All that matters is what the legal system will make of the patch. If you could point to examples of other patents with a similar situation, or if you were an experienced patent attorney, or if you gave us any shred of evidence that your opinion is in any way shared by the legal system, then I would take you more seriously.

      I could put an opinion here and say that Microsoft's patents should be invalidated, because it's really damned obvious: it's just damned backward compatibility and how the hell did they get a patent on that? Well guess what, Microsoft successfully used the patent as a club to hammer TomTom with, and the legal system let them do it. My opinion is worthless. Just like yours!

      So okay, "it could easily be argued" that writing garbage into a filename field might be considered to be writing a valid filename. That's your opinion. I just don't take it at all seriously. But you are free to post it here!

    6. Re:How Linux avoids this patent by Anonymous Coward · · Score: 0

      Oh, you are free to tell us all your opinion. Since you didn't back it up, you are just wasting all our time, but you can do it.

      I don't have to "back up" anything - that's why it's called an OPINION. If you feel like you are wasting time, then why reply? Move on with something else that's time better spent for you.

      I'm free to paste bad jokes in here too, or just insult you. That's just as useful!

      Sure you could but that would be off-topic for this discussion. My OPINION, on the other hand, is an on-topic post regarding the subject matter discussed.

      When the question before us is "does Tridge's patch successfully avoid the patent?" your opinion is pointless.

      If it's pointless to you, move on and stop whining. Nobody put a gun to your head to reply.

      All that matters is what the legal system will make of the patch. If you could point to examples of other patents with a similar situation, or if you were an experienced patent attorney, or if you gave us any shred of evidence that your opinion is in any way shared by the legal system, then I would take you more seriously.

      Sorry, I disappointed you. But then again, maybe I'm not because satisfying your thirst for legal advice was not my goal in the first place.

      I could put an opinion here and say that Microsoft's patents should be invalidated, because it's really damned obvious: it's just damned backward compatibility and how the hell did they get a patent on that? Well guess what, Microsoft successfully used the patent as a club to hammer TomTom with, and the legal system let them do it.

      That was before the patch in question. The patch was written as a response to the claims in the TomTom lawsuit. Look who's wasting everybody's time now, right? You can't even look up a simple fact before posting your thoughts.

      My opinion is worthless

      That's right, because you got your facts wrong!

      So okay, "it could easily be argued" that writing garbage into a filename field might be considered to be writing a valid filename. That's your opinion. I just don't take it at all seriously. But you are free to post it here!

      OK, great. That's completely fine.

    7. Re:How Linux avoids this patent by Anonymous Coward · · Score: 0

      I don't have to "back up" anything - that's why it's called an OPINION.

      That's true; you don't have to back up your opinion, unless you want other people to take it seriously.

      That was before the patch in question. The patch was written as a response to the claims in the TomTom lawsuit. Look who's wasting everybody's time now, right? You can't even look up a simple fact before posting your thoughts.

      Look, just go back and re-read it. I'm sure you can understand what I wrote.

      I wrote that in my opinion, Microsoft's patent should be worthless. Yet Microsoft was able to use that patent to club TomTom. That means the legal system disagrees with me. And nobody cares what I think, it only matters what the legal system does.

      Likewise, you have the opinion that the fix is worthless. Yet Microsoft hasn't sued anybody yet for using the fix. (Who knows... they might later.... but they haven't yet!)

      So, the situation is:

      • Tridge consulted with a lawyer and thinks this fix will work
      • The patch has been in ther kernel over a year, everyone is using it
      • Microsoft hasn't sued anybody yet
      • Mr. Anonymous Coward thinks the fix might not work

      And I'm done talking about this. Bye.

  23. You could not be more wrong by Anonymous Coward · · Score: 1, Informative

    Ballmer is thin by kraut standards.

    Nope. Times have changed.

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

    America has the obesity epidemic, not Germany.

  24. CORRECTION! by NicknamesAreStupid · · Score: 1, Redundant

    The court actually meant that Microsoft could patent fat, you know, the stuff that so many of you think fills the space between Mr. Ballmer's ears. Now that they have the patent, they can charge 89 euros per pound above a BMI of 18. In Germany, that adds up to about 200 billion euros. Now, why would Microsoft get a patent on fat? It is soft ware.

  25. Re:Similar 8.3 file naming schemes have also exist by mattdm · · Score: 3, Informative

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

  26. Potential issue? by Anonymous Coward · · Score: 0

    Has anyone given thought as to how this might effect emulation projects such as WINE? Might be nice to find out....