[ros-general] Microsoft wants royalties for use of FAT
Richard Campbell
eek2121 at comcast.net
Tue Dec 9 22:40:21 UTC 2003
If someone argues it's an industry standard and succeeds, the patented
will be declared null.
Waldo Alvarez wrote:
>On Tue, 9 Dec 2003, Vizzini wrote:
>
>
>
>>On Mon, 2003-12-08 at 19:17, Rick Parrish wrote:
>>
>>
>>>Waldo Alvarez wrote:
>>>
>>>
>>>
>>>>Let's keep with NTFS and FAT and with time design a new patent free
>>>>filesystem. If M$ complaints then we take away the drivers and ppl will be able to get them from previous releases. The FSF did that with XMMS and patents with MP3s.
>>>>
>>>>
>>>>
>>>>
>>>Works for me. Sort of like limping along on MP3s and GIFs until
>>>patent/license free OGG and PNG support is ready.
>>>
>>>
>>In the United States, liability for patent infringement exists whether
>>or not you've been notified by the patent holder of such infringement.
>>In other words, if you accidentally step on someone else's IP, they will
>>be able to sue you for royalties whether or not it was your "fault".
>>It's a pure liability - no fault is required.
>>
>>
>
>In any case the law is already broken.
>
>
>
>>Furthermore, courts have a history of stiffer penalites (i.e. higher
>>royalty payments) for infringers who *knew* they were infringing.
>>That's why you see "patent pending" on lots of manufactured items.
>>
>>
>
>Bad. That means distributing NTFS and FAT in another release is asking for
>more trouble.
>
>
>
>>Finally, as I said before, both developers and end users are liable for
>>patent infringement.
>>
>>With these points in mind, I think we need an official policy of
>>avoiding patents as much as we possibly can while retaining Windows
>>system compatibility. If this means (for example) defaulting to a
>>non-FAT, non-NTFS filesystem, that's what we have to do.
>>
>>
>
>True. You are totally right!
>
>I was thinking this yesterday. What about using an NTFS a little bit
>modified. In a way you can reuse the code written for the drivers already
>written and make the conversion easier. It won't be NTFS. I don't like
>too much this but could be a solution.
>
>The other choice I was thinking. What about finding some company that
>already have the license to use the patents and put them in charge of the
>drivers in exchange for some advising in ROS. They will not have to spend
>a cent for it (except for the lawyer maybe) and will not have to write a
>single line of code. I'm sure many will like the deal, even if there is
>trouble in the future because getting in trouble could give them more money.
>
>I prefer this choice as there will be not need to invent yet another
>filesystem, ReactOS will be more compatible and everything can continue
>the way it is.
>
>The question is, How legal would it be?
>
>Best Regards
>Waldo Alvarez
>
>
>
>> -Vizzini
>>
>>
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>
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