OIN spearheads review of Microsoft FAT patents

OIN spearheads review of Microsoft FAT patents

Summary: The Open Invention Network is making good on its pledge to try to overturn the Linux-related patents that were contained in Microsoft's recently settled litigation against TomTomNV.OIN announced today that three patents in the lawsuit -- including those the deal with the creation of long and short file names -- have been named for prior art review on the Post-Issue Peer-to-Patent website linked to the Linux Defenders portal.

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The Open Invention Network is making good on its pledge to try to overturn the Linux-related patents that were contained in Microsoft's recently settled litigation against TomTomNV.

OIN announced today that three patents in the lawsuit -- including those the deal with the creation of long and short file names -- have been named for prior art review on the Post-Issue Peer-to-Patent website linked to the Linux Defenders portal. The Peer-to-Patent is an initiative by the United States Patent and Trademark Office (USPTO) that opens the patent examination process to public participation, according to Linux Defenders.  

The case was filed in late February and settled in late March. 

"We're not targeting any one company but [trying ]to clear the way [to patent reform]," said Keith Bergelt, CEO of OIN, which is co-sponsored by the Linux Foundation. "We're looking for poor quality patents as long as they bear relevance to the Linux community."

Bergelt said there is much prior art related to the process of creating long and short file names. "That process has been instant in products that predate the filing of those [Microsoft FAT) patents," he said, adding that this effort -- and other prior art reviews sponsored by OIN, are aimed at a larger cause. "This is part of the marketing based patent reform. The [Linux]community has a big responsibility in this."

OIN has also sponsored a review of the patents cited in IP Innovation's litigation against Linux giants Red Hat and Novell. That case has not been settled.

Topics: Patents, Legal, Linux, Microsoft, Operating Systems, Software

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13 comments
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  • The OIN is nothing more than a bottom feeder trying hard....

    to do away with patents they think they can fight. <br>
    If Linux based systems are not guily of major patent abuse, as MS has claimed in the past, why would there be an OIN and why would they be concerned about any patents?
    As I recall, every FOSS FUDmeister on this blog called that assertion patently false and it's MS that is using other's patents. <br>
    How can you corroborate the original FOSS stance with the current FOSS actions trying to kill proper and issued patents?
    <br>
    xuniL_z
    • It's hard to build a better mousetrap

      It's hard to build a better mousetrap when some owns a patent on the very concept of a mousetrap.

      If the US patent system is not substantially overhauled, we will eventually reach that state of affairs. In fact, a not-insignificant part of the blame on the current fiscal crisis can be blamed on the US patent system.

      When corporations spend an inordinate amount of resources creating patent pools simply to defend themselves against litigation by other corporations, when those very resources should go towards the creation of new goods and services, causing an actual decrease in shareholder value, then the time has come for a change.

      When the free market cannot come up with a solution, then perhaps it's time for forced change. When patents actually hold back the advancement of new technology, it's time for another approach. Why should a corporation hold a patent on a particular gene sequence when that very sequence has existed in nature for millions of years?

      You seem to be confusing FOSS and Free Software. There is a different. Remember that the term Open Source was coined by businesses interested in Free Software, and they were more ambivalent about patents in the mid/late 90's than Free Software proponents like RMS of GNU-fame. That has been changing during the last decades as more and more businesses (you know, those capitalists who try to make money for their shareholders?) are coming to the conclusion that the US patent realm no longer works as originally conceived, and needs to be fixed. Just as corporations build patent portfolios to defend themselves against litigation, the OIN is building a portfolio of known patents of dubious legality in order to protect its members. The OIN is a natural response to patent pools.

      As they say on /. - "[b]There. Fixed that for ya.[/b]"
      NetArch.
    • Patents are sacred

      And absolutely unquestionable. Anyone who would say otherwise is a declared enemy of not only free enterprise, but private property itself.
      John L. Ries
      • Well put John

        Super innovators such as Microsoft would not be able to bring their fantastic products to market without patents. Who would have ever thought of a long filename? Without this kind of game changing innovation from the public servants at Microsoft, we would be stuck in the computer dark age. Kudos to MS. We must all work to maintain our patent system as it presently exists so that companies like MS can continue to hire the geniuses needed to come up with ideas like this.
        dfolk2
        • "innovation" is NOT one of Microsoft's suits

          Read this to see (a sample of) what Microsoft "brings" you.

          http://www.commondreams.org/headlines04/0324-02.htm
          Newly Released Documents Shed Light on Microsoft Tactics
          by John Markoff

          In 1996, Mr. Kaplan wrote a book, "Start-Up: A Silicon Valley Adventure" (Penguin USA), in which he blamed Microsoft, in part, for the demise of Go. Two years later, Marlin Eller, a former Microsoft programmer who was part of the PenWindows project, wrote in "Barbarians Led by Bill Gates" (Owl Books) that the intent of the PenWindows project had been primarily to undermine Go.
          Ole Man
          • Be honest

            Cmon now, be honest with the readers of this talkback section. Can you honestly say that you would have been able to come up with a ground breaking innovation such as a long filename?
            Unless companies can recoup (via the patent system) the tremendous time, money and resources needed to come up with brilliant innovations like this, we would still be stuck with 8 letter filenames.
            You should be thankful for our current patent system and companies like MS who selflessly and tirelessly work for the benefit of the consumer to bring us these jewels of programming.
            dfolk2
          • Re: Be honest

            Except that UNIX was using long file names long before Microsoft even created Windows 3.0 (which was a DOS shell and not a GUI).
            NCWeber
          • Is one of your legs a tad longer than the other?

            I think someone may be pulling on it a little.
            dfolk2
          • Your logic is irrefutable

            10.0. Best sarcasm I've seen in at least a week. Even caught a fish.

            John L. Ries
    • Better question would be

      why is Microsoft gobbling up patents on everything or anything they or anyone else can imagine, + many unimaginable things?

      http://www.microsoft.com/presspass/press/2006/mar06/03-065000PatentPR.mspx
      Microsoft Lands Milestone 5,000th Patent

      http://www.latestpatents.com/category/microsoft/
      History of Microsoft patents granted daily

      Page-Up/Page-Down? 1s and 0s? Ridiculous! Asinine, even!
      Ole Man
    • On the Other Hand

      "If Linux based systems are not guily (sic) of major patent abuse, as MS has claimed in the past, why would there be an OIN and why would they be concerned about any patents?"

      So, there is no need to examine and challenge the claims and actions of a multiply-convicted monopolist, and we should just accept them at face value.

      Sounds like a good idea to me.
      mike@...
  • RE: OIN spearheads review of Microsoft FAT patents

    please see http://truereform.piausa.org/ for a different/opposing view on patent reform
    staff2
    • Looks like misleading info

      Is this a MS paid for organisation? It has the trademarks of MS deception- a seal leading the web site as if this was a government web site. The quotes are from Rob Enderle, who works with and for MS (see email documentation in the Iowa/MS anti trust case). To suggest that MS only uses patents defensively is not consistent with MS's actual actions.
      dfolk2