07.07.14

Gemini version available ♊︎

Despite SCOTUS Ruling, Microsoft Still Extorts Companies and Product Buyers Using FAT Software Patents, Latest Victim is Canon

Posted in GNU/Linux, Kernel, Microsoft, Patents at 4:50 pm by Dr. Roy Schestowitz

The FAT police is at it again

Steve Ballmer FAT

Summary: Canon and Microsoft sign a patent deal which relates to patents on FAT file systems and impacts some of Canon’s products, potentially Linux products as well (Canon makes drivers for Linux but does not develop products with Android or GNU/Linux just yet)

While we are unaware of any Android- or Linux-based products from Canon, the company does deliver drivers for FOSS platforms, especially since under a decade ago (we covered this quite often at the time of a turnaround). Therefore it is regretful to learn about FAT patents, which were disgraced by entities and people including Torvalds (there is prior art and TomTom never pushed the case to the end), are used to tax Canon products or legitimise FAT patents.

Linux-centric sites hardly paid attention to it last week, but someone in IRC told us about it. Looking it up very quickly we found Microsoft’s booster Mary Jo Foley at ZDNet saying: “Today’s patent agreement isn’t the first forged by the two companies. Canon previously licensed Microsoft exFAT file system technology for an undisclosed amount.”

Sometimes companies pay for it via Microsoft partners such as Tuxera, but sometimes there are deals like this one. The OIN’s CEO told us over the telephone that Microsoft has been using FAT patents while calling them “Linux-related” or something along those line in the case of LG and maybe Samsung also (Samsung’s deal seems to have been broader than that the second time around).

Nikon's deal with Microsoft was quite different and the booster correctly pointed out: “Today’s agreement also is not part of Microsoft’s ongoing campaign to convince companies using Linux, Android and ChromeOS to license its patents. Nikon announced an Android-related patent licensing deal with Microsoft in February 2013.”

This is not entirely true because the deal practically serves to legitimise exFAT, which is a common attack vector on embedded Linux. The post from the booster (hogwash of sorts) attracts comments from Microsoft sceptics, who know a lot better what Microsoft has been up to. There are comments such as: “Do we need a repeat of FAT? If I see a product’s filesystem using exFAT I will return it.”

Another person says: “The fact the the US Supreme Court recently re-addressed software patents is a move in the positive direction, even though it was not a large move. While much damage has already been done since these huge giants like Microsoft and IBM already have an enormous software patent portfolio, at least there is hope in future software patent releases. Eventually, technology will advance forward and the current software patent portfolios will probably start to become stale, at which point I can see the general public begin to feel the advantages if we make the right decisions today moving forward. But, we must end the monopolies that this huge companies get with their enormous patent portfolios. The trend in software patents granted within the past 30 years or so is staggering, just do some searches on this subject as it is well worth the reads. My hope is that we don’t continue to make the same mistakes moving forward.”

Canon has many patents on physical and mechanical or optical things like lenses. Microsoft has mostly software patents, which may be utterly worthless in the eyes of SCOTUS, as opposed to the USPTO that granted them without scrutiny. The USPTO has just become even more zealous about patents and it approves almost every patent application, even though SCOTUS deems many of those patents too abstract to be patentable (patent lawyers don't quite agree).

Carl Erickson, the “co-founder and president of Atomic Object, a software design and development company founded in 2001,” (based on his introduction) says that “Investors in software startups need to understand that such companies are unlikely to have strong IP protection through patents. Instead, investors should look for evidence of engaged, delighted users, significant market share or the potential for rapid growth, exclusive relationships or special market channels. For a software startup and their investors, these will beat patent pending, any day.”

His whole analysis, however, sometimes (in the text) claims that patents too are needed, with phrases such as:

As I wrote in my last post, protecting your intellectual property isn’t just about patents. It’s important for companies to ensure they own the copyright on their software.

Copyright protects a particular expression, patents protect an idea. The nature of software is such that an idea can be implemented in many different ways, in many different languages, and therefore patent protection on an idea is potentially legitimate and important. So when should you worry about a software patent?

If you’re confused by software patents, you’re not alone. While our legal and business structures will eventually adapt, technology, as usual, is moving faster, and the results aren’t always good or predictable. A recent Supreme Court decision didn’t radically alter the status quo, but reinforced a trend away from some of the sillier past decisions.

Software patents should be dragged to courts and defeated there. There is a valuable precedent now. All these FAT patent deals (Microsoft has been signing them for years) may be as valuable as estate on the Mars.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  2. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  3. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  4. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  5. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  6. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  7. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  8. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  9. Links 16/1/2022: Tsunami and Patents

    Links for the day



  10. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  11. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  12. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  13. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  14. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  15. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  16. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  17. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  18. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  19. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  20. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  21. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  22. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  23. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  24. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  25. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  26. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  27. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  28. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day



  29. Call a Spade a Spade (Microsoft 'Contributions' to Linux)

    Call a spade a spade; Microsoft does not love Linux and doesn’t try to help Linux, as it’s still all about Windows and proprietary software with surveillance, back doors, and worse things



  30. No Excuses for Using GitHub Anymore

    Software developers become living witnesses to more and more reasons to abandon Microsoft for good


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts