January 12, 2006: After two years trying, Microsoft has finally been awarded the patent for the File Allocation Table file system it developed in 1976. Linux, and other GPL, (Gnu Public License) vendors and purchasers should start to worry.

FAT is used in flash drives, USB keys, as well as older Windows formats. It is also used in many Linux distros to enable communication with Windows computers. The Linux kernel which is at the heart of systems such as Redhat, Mandrive, Gentoo, and Novell's SUSE, is licensed under the GPL. Part of the GPL states:
"You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

This is supported within the GPL in section 7 that - with great foresight - states:"If, as a consequence of a court judgment or allegation of patent infringement… conditions are imposed on you… that contradict the conditions of this License, they do not excuse you from the conditions of this License… For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program."

Charge!
In short, the US Patent and Trademark Office ruling - which is final - that Microsoft does own FAT and can charge fees for US patent numbers 5,579,517 and 5,758,352 could be used as a tool to stall if not stop Linux in its tracks.

If Microsoft does decide to charge a license fee then the GPL cannot apply. However, if Microsoft opts not to charge at this time, there remains a Damoclean sword hanging over the Linux community. Strategically therefore, this 1970's slice of code now provides Microsoft with an extremely 21st century advance.

It is also worth noting that FAT is used in a wide variety of other devices from USB keys to flash memory.

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