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Microsoft today announced that it:
is supporting the addition of Microsoft's exFAT technology to the Linux kernel.
Microsoft has published the exFAT file system specification on its Windows Dev Center site.
While the code remains under copyright, Microsoft also stated that the exFAT code incorporated into the Linux kernel will be available under GPLv2.
We also support the eventual inclusion of a Linux kernel with exFAT support in a future revision of the Open Invention Network's Linux System Definition, where, once accepted, the code will benefit from the defensive patent commitments of OIN's 3040+ members and licensees.
It is noteworthy that there is already a free and open source exFAT driver available for FreeBSD and multiple Linux distributions, but it is not an official part of the Linux kernel due to the patent encumbrance of exFAT.
Also at TechCrunch and VentureBeat.
(Score: 3, Touché) by hendrikboom on Thursday August 29 2019, @06:14PM (1 child)
Would the patent interfere with distribution or with use?
(Score: 0) by Anonymous Coward on Thursday August 29 2019, @06:54PM
Both. That section of the GPL gives two options to distributors. They can either stop using it all together, or rip out that modification from the GPL program. Even though Microsoft can grant the use to their direct customers, they have to also grant it to everybody those customers could give it (which ends up meaning everyone on the planet due to GPL's viral nature) in order to comply with the GPL.
As for users, if they get and use a kernel with exFAT in it without getting the patent license, then they are directly infringing the patent and can't use the software anyway. If they use the kernel with a patent license, but cannot transfer or sublicense that licence to everyone, then you are in violation of Section 7 of the GPL and cannot use said software at all.