#1329 Re: [osFree] Microsoft's file system patent upheld
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    Tom Lee Mullins
    2006 Jan 16 2:37 PM
    Davey Brain wrote:
        > Kenn Yuill wrote:
        > >     Well, other companies with vested interests and governments should
        > > fight this ruling, as ISTR that Digital Research used the FAT system in
        > > their later versions of DR-DOS.  If this usage was allowed by Microsoft
        > > without protest, it should invalidate their claim IMHO, but I am not a
        > > patent attorney.
        > >     Also, my experience with the PTO in the 1980's was quite mixed in
        > > their failure to recognise 'prior knowledge in the art'.  In my 
        > case, it
        > > involved pyrotechnic formulations.
        >
        > Hi all,
        > Disclaimer: I am not an attorney of any sort; I'm a computer tech that
        > has had some sort of computer for about 27 years.
        >
        > Correct me if I'm wrong but but the 8" flexible disk drive (FDD) was
        > invented at IBM by Alan Shugart in 1967; in 1976, the 5 1/4" FDD was
        > developed by the same Alan Shugart for Wang Laboratories because they
        > wanted a smaller floppy drive to use with their desktop computers. If
        > I'm reading my history correctly I understand that by the mid-70's FDDs
        > used some file system very similar to the FAT system. Also, it is my
        > understanding that CP/M used a type of FAT file system by 1975 or 1976.
        > It seems this was part of the "prior art" argument for this case.
        >
        > As far as whether M$ "thought up" the FAT file system in 1976 - well
        > that is plainly a lie. In fact M$ BOUGHT MS-DOS (called QDOS) in 1980
        > (and never did pay the full amount owed to Seattle Computer Products)
        > then re-released that as PC-DOS 1.0 with the launch of the first IBM PC
        > (see the MS-DOS history below). So this whole case is based on total BS.
        > This is just further proof that with enough money one can buy anyone in
        > the USA government.
        >
        > And Tom, about your questions:
        >
        > AFAIK JFS was fully developed by IBM for use in both AIX (IBM's UNIX)
        > and Warp Server for e-Business (WSeB) and then adapted for use in Warp
        > 4.5 and Linux. It is NOT based on FAT So that is safe from M$ (although
        > that is part of the basis of the SCO-vs-IBM case).
        >
        > HPFS was jointly developed by IBM (about 20%) and M$ (about 80%). NTFS
        > is HPFS with a few minor changes, hence NTFS reporting HPFS partitions
        > as "corrupted NTFS". There are many cross-licensing fees between IBM &
        > M$ in OS/2 and I don't know the details of the HPFS fees. As far as an
        > open-source HPFS that is a question for a patent attorney and I am not 
        > one.
        >
        > It is my opinion that this case is NOT settled yet and that it will go
        > on for a long time. The patent was filed "retroactively" which is stupid
        > from the start. Plus there is just overwhelming evidence of prior art
        > and that any FAT patent is obvious due to the prior art. If, because of
        > making the proper payments to the proper people it is never overturned
        > then I say to just flick-off M$ and move to JFS on ALL storage even if
        > we have to develop a 12-bit JFS.
        >
        > --------
        > From "DOS History" <
http://members.fortunecity.com/pcmuseum/dos.htm#>
        > (watch for javascript pop-up ads):
        >
        > 1973
        > Gary Kildall writes a simple operating system in his PL/M language. He
        > calls it CP/M (Control Program/Monitor). (Control Program for 
        > Microcomputer)
        >
        > 1979
        > February
        > Apple Computer releases DOS 3.2.
        > July
        > Apple Computer releases DOS 3.2.1
        >
        > 1980
        > April
        > Tim Patterson begins writing an operating system for use with Seattle
        > Computer Products' 8086-based computer. Seattle Computer Products
        > decides to make their own disk operating system (DOS), due to delays by
        > Digital Research in releasing a CP/M-86 operating system.
        > August
        > QDOS 0.10 (Quick and Dirty Operating System) is shipped by Seattle
        > Computer Products.  Even though it had been created in only two
        > man-months, the DOS worked surprisingly well.  A week later, the EDLIN
        > line editor was created.  EDLIN was supposed to last only six months,
        > before being replaced.
        > September
        > Tim Patterson shows Microsoft his 86-DOS, written for the 8086 chip.
        > October
        > Microsoft's Paul Allen contacts Seattle Computer Products' Tim
        > Patterson, asking for the rights to sell SCP's DOS to an unnamed client
        > (IBM).  Microsoft pays less than US$100,000 for the right.
        > December
        > Seattle Computer Products renames QDOS to 86-DOS, releasing it as
        > version 0.3. Microsoft then bought non-exclusive rights to market 86-DOS.
        >
        > 1981
        > February
        > MS-DOS runs for the first time on IBM's prototype microcomputer.
        > July
        > Microsoft buys all rights to DOS from Seattle Computer Products, and the
        > name MS-DOS is adopted.
        > August
        > IBM announces the IBM 5150 PC Personal Computer, featuring a 4.77-MHz
        > Intel 8088 CPU, 64KB RAM, 40KB ROM, one 5.25-inch floppy drive, and
        > PC-DOS 1.0 (Microsoft's MS-DOS), for US$3000.
        > --------
        > And from "MS-DOS History"
        > <
http://www.nukesoft.co.uk/msdos/dosversions.shtml>
        >
        > The history of MS-DOS is surprisingly long. It started off as QDOS
        > (Quick and Dirty Operating System) which was developed by Seattle
        > Computer Products to run on IBM's new PC. This list is fairly
        > comprehensive although a number of the more obscure versions of DOS have
        > been omitted.
        >
        > Version       Date       Comments
        > 1.0       1981       The original version of MS-DOS. This was a 
        > renamed version of
        > QDOS which had been purchased by an upstart company called Microsoft.
        > 1.25       1982       This added support for double-sided disks. 
        > Previously the
        > disk had to be turned over to use the other side
        > 2.0       1983       This added support for IBM's 10 MB hard disk, 
        > directories and
        > double-density 5.25" floppy disks with capacities of 360 KB
        > 2.11       1983       Support for foreign and extended characters was 
        > added.
        > 3.0       1984       Support for high-density (1.2 MB) floppy disks 
        > and 32 MB hard
        > disks was added.
        > 3.1       1984       Network support was added.
        > 3.3       1987       This release was written to take advantage of 
        > IBM's PS/2
        > computer range. It added support for high density 3.5" floppy disks,
        > more than one partition on hard disks (allowing use of disks bigger than
        > 32 MB) and code pages.
        > 4.0       1988       This version provided XMS support, support for 
        > partitions on
        > hard disks up to 2 GB and a graphical shell. It also contained a large
        > number of bugs and many programs refused to run on it.
        > 4.01       1989       The bugs in version 4.0 were fixed.
        > 5.0       1991       This was a major upgrade. It allowed parts of DOS 
        > to load
        > itself in the high memory area and certain device drivers and TSRs to
        > run in the unused parts of the upper memory area between 640K and 1024K.
        > This version also added support for IBM's new 2.88 MB floppy disks. An
        > improved BASIC interpreter and text editor were included, as was a disk
        > cache, an undelete utility and a hard-disk partition-table backup
        > program. After the problems with MS-DOS 4, it also provided a utility to
        > make programs think they were running on a different version of MS-DOS.
        > 5.0a       1992/3       This was a minor bug fix which dealt with 
        > possibly
        > catastrophic problems with UNDELETE and CHKDSK.
        > 6.0       1993       This was a catch-up with Novell's DR-DOS 6. It 
        > added a
        > disk-compression utility called DoubleSpace, a basic anti-virus program
        > and a disk defragmenter. It also finally included a MOVE command, an
        > improved backup program, MSBACKUP and multiple boot configurations.
        > Memory management was also improved by the addition of MEMMAKER. A
        > number of older utilities, such as JOIN and RECOVER were removed. The
        > DOS Shell was released separately as Microsoft felt that there were too
        > many disks.
        > 6.2       1993       Extra security was built into DoubleSpace following
        > complaints of data loss. A new disk checker, SCANDISK, was also
        > introduced, as well as improvements to DISKCOPY and SmartDrive.
        > 6.21       1993       Following legal action by Stac Electronics, 
        > Microsoft
        > released this version which had DoubleSpace removed. It came with a
        > voucher for an alternative disk compression program.
        > 6.22       1994       Microsoft licensed a disk-compression package 
        > called
        > DoubleDisk from VertiSoft Systems and renamed it DriveSpace, which was
        > included in this version.
        > 7.0       1995       This version is part of the original version of 
        > Windows 95.
        > It provides support for long filenames when Windows is running, but
        > removes a large number of utilities, some of which are on the Windows 95
        > CD in the \other\oldmsdos directory.
        > 7.1       1997       This version is part of OEM Service Release 2 and 
        > later of
        > Windows 95. The main change is support for FAT 32 hard disks, a more
        > efficient and robust way of storing data on large drives.
        > --------
        >
        > WarpDavey
        > -- 
        > Davey Brain
        > All I really want is a president who is smarter than I am...
        >
        > "Those who can make you believe absurdities can make you commit
        > atrocities." - Voltaire
        >
        > This OS/2 uptime is 0 d 13 h 30 m 33 seconds
        >
        >  
    Thanks for the information. It is appreciated.
    TomLeeM / BigWarpGuy * * 
http://tomleem.homestead.com * *
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