OSDev.org

This is for those that reside in the US.

Microsoft could sue you for writing your own FAT driver, even if they have provided a specification for FAT.  However, they only have a case, based on HOW you wrote the driver, not whether or not you wrote it.  I am sure many of you have heard of the DMCA, which is what this opinion is based from.  It stipulates that you cannot reverse engineer a product to create your own from it.  If you do not use the specification, and reverse engineer a FAT driver using Microsoft binary code, yes, this is an infringement.

As for the case of Lindows, Microsoft owns a trademark to the word "Windows" in the category which "Lindows" also falls under.  The names are simply too similiar, and it is quite possible that Lindows may have violated Microsoft's trademark.  Another case recently that appearred, for example, was "Victoria's Secret vs. Victor's Little Secret."

That is wrong ,if i make say a copy of fat12,They do not have a case as it was PATENTED over 25 year ago ,A patent last for only 20 years,its the up dates,like LFN,that they can get you on.
As for Lindows ,MS have not a chance. They are only trying to make lindows spend lots of money on legal bills.
The judge said as much (he said "you must consider the name windows as it was thought of at the time MS started,as windows is a gerneric turm it can not be made ungerneric,  but they may have a case in non english speaking country's).

ASHLEY4.

The code for FAT12 is not patented, it's copyrighted, which is the owner's life plus fifty years.  This falls under the DMCA.  Also, patents may not may not last for 20 years, that depends on their purpose.  For Utility patents, it is 20 years from the filing date, or 17 years from the issue date (if before 1995).  Utility patents after 1995 are all 20 years.  Design Patents, like FAT12 specifications, fall under 14 years.  Plant patents last for 17 years.  Let's separate the code from the specification.  I stated previously that if you 'reverse engineered' someone's code, it is violation of the DMCA.  Indeed, the FAT12 patent has expired, but none of the working FAT12 code has lost copyright protection.

Like i said the patent has run out!.i will call my file sys,"boy slim".

the suit against Lindows has marit:
use of the TERM windows to refer to rectangular regions of screen realestate
  is legal and generic

HOWEVER use of the NAME windows (or a potentually confusing similarity) for a
SIMILAR PRODUCT is illegal

When ever you step foot in a court,you have a  chance.
But this guy may just be then next, bill gates.