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Posted to legal-discuss@apache.org by "Brennan Ashton (Jira)" <ji...@apache.org> on 2021/01/16 22:36:00 UTC
[jira] [Created] (LEGAL-555) NuttX: Clarifcation on patent
restrictions for FAT Long File Names
Brennan Ashton created LEGAL-555:
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Summary: NuttX: Clarifcation on patent restrictions for FAT Long File Names
Key: LEGAL-555
URL: https://issues.apache.org/jira/browse/LEGAL-555
Project: Legal Discuss
Issue Type: Question
Reporter: Brennan Ashton
In our last Apache NuttX (incubating) release it came up that we should seek clarification from Legal if we need to do anything special in regards to the FAT patents. We currently carry this warning about the Long File Names support which can optionally be enabled. It is my non expert understanding that these patents are all now expired and we should be able to just drop this disclaimer.
{code:java}
FAT Long File Names
=================== NOTE: If CONFIG_FAT_LFN is defined in your NuttX configuration file, then
there may be some legal, patent issues. The following was extracted from
the entry "File Allocation Table from Wikipedia, the free encyclopedia: "On December 3, 2003 Microsoft announced it would be offering licenses
for use of its FAT specification and 'associated intellectual property',
at the cost of a US$0.25 royalty per unit sold, with a $250,000 maximum
royalty per license agreement. o "U.S. Patent 5,745,902 (http://www.google.com/patents?vid=5745902) -
Method and system for accessing a file using file names having
different file name formats. ...
o "U.S. Patent 5,579,517 (http://www.google.com/patents?vid=5579517) -
Common name space for long and short filenames. ...
o "U.S. Patent 5,758,352 (http://www.google.com/patents?vid=5758352) -
Common name space for long and short filenames. ...
o "U.S. Patent 6,286,013 (http://www.google.com/patents?vid=6286013) -
Method and system for providing a common name space for long and
short file names in an operating system. ... "Many technical commentators have concluded that these patents only cover
FAT implementations that include support for long filenames, and that
removable solid state media and consumer devices only using short names
would be unaffected. ..." This Wikipedia entry has been updated with recent legal decisions in favor
of Microsoft. Refer to: https://en.wikipedia.org/wiki/File_Allocation_Table#Patents So you have been forewarned: Use the long filename at your own risk! {code}
Additionally while we do not support exFAT it would be nice to get some clarification as to what we would need to do if we were to support it. It is my understanding that it is under patents, but Microsoft is using it as a defensive patent and allowing free usage if you are part of OIN which opened up Linux support. I am not sure what this means for us as an Apache project.
[https://cloudblogs.microsoft.com/opensource/2019/08/28/exfat-linux-kernel/]
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