I don't think that releasing the source to a reimplementation violates any patents but you do raise a good point as you could be stung if you use or redistribute it and you haven't licensed it from Microsoft. I believe that Samsung has purchased licences which is how they are able to use it in their products.

if thats the case I hope not to see this in linux kernel because if it getz widwspread microsoft may come later with its swpatent trolling...

I ported newer fuse but no one wanted to test it. It's somewhere in the tmo