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Re:Thoughts on Microsoft Joining OIN's Patent Non-Aggression... by fgonzag on Saturday October 13, 2018 @12:30PM (#18208740)
It's right there in the article: Only patents relating to the upstream kernel are included. The "Linux System Definition" is the baseline for the non-aggression pact.

The exfat system is not part of the Linux System Definition because it is not part of the upstream kernel, so it isn't covered by the non-aggression pact, so Microsoft did not include the exfat patents.

Re:Thoughts on Microsoft Joining OIN's Patent Non-Aggression... by qaq on Saturday October 13, 2018 @12:56PM (#18208879)
Could it become part of upstream kernel though now ?
Re:Thoughts on Microsoft Joining OIN's Patent Non-Aggression... by blihp on Saturday October 13, 2018 @02:09PM (#18209222)
That's basically what the post is asking for. (i.e. as the pledge currently stands, probably not)