"TomTom probably would not want to pay a capped royalty of a
quarter million for something as bad as the FAT patents without at
least exploring any less expensive paths to invalidate the patent.
Like the Doctrine of Laches, for example. That code has been in the
kernel longer than the usual Laches interval, which in general
would hand MS and automatic loss....
"You're correct Bruce, I'm off base this time...Someone just
mailed me a comprehensive analysis and agreeing to this license,
even with a royalty cap, would violate GPLv2 in several ways."
Jeremy Allison on Slashdot