Current partition is small FAT partition for boot code, then EXT3 for rootfs and the rest. This is so you can access the boot partition from a windows machine for ease of getting data on/off i.e new kernel images. I'm not sure that you NEED the boot partition to be FAT.
Following is personal opinion....
However, I am not sure of connected USB drives (Flash or hard) - they are usually FAT32, and if you want to read them and have the drivers on board.....you infringe the patent. (AFAIK, IANAL).
Raspi could get round this I think by releasing the kernel without FAT 32 support. It could be added later by the end user if you need it. Probably.
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