Bonum Certa Men Certa

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

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.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day