EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.03.08

BRM: [B]roken process [R]atifies [M]onopoly (ISO/IEC DIS 29500)

Posted in Europe, Formats, ISO, Microsoft, Open XML at 1:50 am by Dr. Roy Schestowitz

“It’s a Simple Matter of [Microsoft’s] Commercial Interests!”

Senior Microsoft Rep about OOXML

Our [cret 2688 last post about the OOXML Ballot Resolution Meeting (BRM) in Geneva] looked at irregularities, as well as the failure of the process as a whole [1, 2, 3, 4, 5]. It is now becoming clearer that rules were disobeyed. Have a look:

Rules altered in OOXML standardization process

Rules changed on the fly to meet five-day deadline to discuss concerns with specification; final vote due in 30 days

Rob Weir has some more details:

The four options presented were:

* Option 1: Submitter’s responses (Ecma’s) are all automatically approved.
* Option 2: Anything not discussed is not approved.
* Option 3: Neutral third-party (ITTF) decides which Ecma responses are accepted
* Option 4: Voting (approve + disapprove) must be at least 9 votes. Abstentions not counted.

We were told that these options are not in the Directives and that were are given these choices because ITTF “needs to act in the best interests of the IEC”. I don’t quite get it, but there appears to be some concern over what the press would think if the BRM did not handle all of the comments. One NB requested to speak and asked, “I wonder what the press would think about arbitrarily changed procedures?”. No response. I thought to myself, why wasn’t ITTF thinking about the ‘best interests” of JTC1 when they allowed a 6,045 page Fast Track submission, or ignored all those contradiction submissions, or decided to schedule a 5-day BRM to handle 3,522 NB comments. Isn’t it a bit late to start worrying about what the press will think?

We break for lunch.

After lunch and after more discussion, the meeting adopted a variation of option 4, by removing the vote minimum. I believe in this vote the BRM and ITTF exceeded its authority and violated the consensus principles described in JTC1 Directives.

The following short piece speaks about these manipulations which we continue to find and rests confidence in Europe's investigation of this abuse.

Unrecoverable Application Error or UAE or BSOD to the nonsense ooxml stuff. So, some of the stuff was hand-waved through. But the end is here. We have to expose all the underhanded, manipulations that MS has done everywhere to buy votes. I am glad that the EU is investigating.

The BRM in Geneva is not over yet (practically it is). We need to find out what really happened there and why (c/f Tim Bray: “Process Irretrievably Broken... Complete, Utter, Unadulterated Bullsh*t”).

Over the weekend, we have been seeing that attempts are made to communicate with people who attended, especially those that are less reluctant to talk about what they saw. In fact, these people face the risk of lawsuits, merely for ‘daring’ to speak about it (leading to publication). What on earth really happened there, especially on the 5th and final day? What will Microsoft tell people about it? Since it’s embargoed, Microsoft could make stories up.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Cautionary Tale: ILO Administrative Tribunal Cases (Appeals) 'Intercepted' Under António Campinos

    The ILO Administrative Tribunal (ILO-AT) is advertised by the EPO's management as access to justice, but it's still being undermined quite severely to the detriment of aggrieved staff



  2. Asking the USPTO to Comply With 35 U.S.C. § 101 is Like Asking Pentagon Officials to Pursue Real, Persistent Peace

    Some profit from selling weapons, whereas others profit from patent grants and litigation; what's really needed right now is patent sanity and adherence to the public interest as well as the law itself, e.g. Supreme Court (SCOTUS) decisions



  3. BT and Sonos Are Still Patent Bullies, Seeing Patents as a Backup Plan

    The companies seeking to complement their business (or make up for their demise) using patents are still suing rivals while calling that litigation "research and development" (the same old euphemism)



  4. Jim Skippen, a Longtime Patent Troll, Admits That the Trolling Sector is Collapsing

    Canada's biggest patent troll (WiLAN) bar BlackBerry doesn't seem to be doing too well as its CEO leaves the domain altogether



  5. From East Asia to the Eastern District of Texas: XYZ Printing, Maxell, and X2Y Attenuators

    The patent aggression, which relies on improper litigation venues, harms innocent parties a great deal; only their lawyers benefit from all this mess



  6. Links 14/7/2018: Mesa 18.1.4, Elisa 0.2.1, More on Python's Guido van Rossum

    Links for the day



  7. Number of Oppositions to Grants/Awards of European Patents at the EPO Has Skyrocketed, Based on Internal Data

    The number of challenged patents continues to soar and staff of the EPO (examiners already over-encumbered by far too much work, due to unrealistic targets) would struggle to cope or simply be compelled to not properly deal with oppositions



  8. 'Transaction' Complete: Former EPO Executive From Belgium Takes the Seat of António Campinos at EU-IPO

    Rumours that Belgium made a back room deal with Battistelli may be further substantiated with the just-confirmed appointment of Archambeau



  9. EPO Abuses Against People With Disabilities Followed by Legal Bullying?

    The new President of the EPO is not (at least not yet) obeying court rulings from ILO; The above move seems like an attempt to derail ongoing cases at the ILO’s Administrative Tribunal (ILO-AT), i.e. yet more strong-arming



  10. Weeks Later António Campinos Still in Noncompliance With the Courts (ILO's Tribunal)

    'report card' for the ever-so-intransparent (or nontransparent) new President of the EPO, who does not even bother obeying court rulings



  11. Links 13/7/2018: Kube 0.7.0, Trisquel 8.0 LTS Reviewed

    Links for the day



  12. Constitutionality and CJEU as Barriers, the UPC Agreement (UPCA) is Already Moot in the United Kingdom

    The Unified Patent Court (UPC) isn't going anywhere and the UK merely "explores" what to do about it; for Team UPC, however, this means that the UK "confirms intention to remain in Unitary Patent system after Brexit" (clearly a case of deliberate misinformation)



  13. It's Not About EPO 'Backlog' But About Faking 'Production' by Lowering Standards

    Remarks on the EPO dropping all pretenses of genuine care for patent quality; it's all about speed now, never mind if wrongly-granted patents can cause billions in damages across Europe (a lot of that money flows towards patent law firms)



  14. Links 12/7/2018: GTK+ 4.0 Plans, OpenBSD Gains Wi-Fi “Auto-Join”

    Links for the day



  15. The Anti-35 U.S.C. § 101 Lobby Pushes Old News Into the Headlines in an Effort to Resurrect/Protect Software Patents

    The software patenting proponents (law firms for the most part) are still doing anything they can -- stretching even months into the past -- in an effort to modify the law in defiance of Supreme Court (SCOTUS) rulings



  16. Thomas Massie and Marcy Kaptur Are Promoting the Interests of Patent Trolls and Patent Lawyers While Calling That “Innovation”

    Remarks on the ongoing effort to promote patent trolls’ interests under the guise of “helping small businesses” — a very misleading propaganda pattern that we have been finding in Unified Patent Court (UPC) lobbying at the EPO



  17. Links 12/7/2018: Mesa 18.1.4 RC, Curl 7.61.0

    Links for the day



  18. Texas: When Trade Secret 'Damages' Are Almost 1,000 Times Higher Than Patent 'Damages'

    It's possible to deal with conflicts and disputes using means other than patents; a new trade secret misappropriation case and a new study from Ofer Eldar (Duke Law) and Neel Sukhatme (Georgetown Law) bring examples from Texas



  19. Cellspin Soft Will Likely Need to Pay the Accused Party's Lawyers Too After Frivolous Litigation With Patents Eliminated Under 35 U.S.C. § 101

    Pursuing bogus (questionable) patents and going even further by asserting them in court can be worse than a waste of time and money; it can actually cause the target of assertion to be compensated (legal fees) at the plaintiff’s expense — a critical fact largely ignored by the patent ‘industry’



  20. The Lack of Genuine, Honest Discussion About Patent Quality Means That Under António Campinos Software Patents Will Continue to be Granted, Campinos Strives to Make Them 'Unitary'

    The agenda of the litigation 'industry' is still being served by the existing EPO administration; this is a problem because not only do they grant patents on just about anything but they also attempt to broaden litigation jurisdiction



  21. Links 11/7/2018: Xen 4.11, Ubuntu Infographics, Lockbox and Notes

    Links for the day



  22. Links 10/7/2018: Wine 3.12, FreeNAS 11.2 Beta, GNU Helps Journalism

    Links for the day



  23. Patent Trolls Rally/Advertise Thomas Massie's Bill to Abolish PTAB and Promote Software Patents in the US

    Vocal patent maximalists (or think tanks of the litigation 'industry') want us to think that the US is too restrictive when it comes to patents (the opposite is true) and tries to change the law so as to plague/saturate the system with patent lawsuits they stand to gain from at the expense of practicing companies



  24. The Demise of East Texan Courts and the Ascent of PTAB, Alice and a SCOTUS-Compliant CAFC May Mean That US Software Patents Are Officially 'Dead'

    Companies come to grips with the need to divest and distance themselves from abstract patents; such patents are simply not tolerated by courts anymore (even if patent offices continue granting many such patents for the sake of profit)



  25. Signs of Upcoming Changes at EPO: Raimund Lutz, Željko Topić and Other 'Team Battistelli' Folks Are Being Replaced

    Vice-Presidents of DG1, DG4 and DG5 are being replaced just over a week after the Campinos tenure began (decisions actually made last week); Might this suggest the imminent implosion of so-called 'Team Battistelli'?



  26. Polaris Innovations is a Patent Troll and Polaris Industries is a Patent Aggressor

    A look at the ongoing activity at the USPTO, which is still granting some abstract patents, and some of the resultant shakedowns and lawsuits



  27. Actions -- Not Mere Words -- Are Needed to Improve Patent Quality and Climate at the European Patent Office

    The new President of the European Patent Office is more of a "public relations" expert (saying nice words), but his policies and actions have thus far shown no divergence from Système Battistelli



  28. Links 9/7/2018: Linux 4.18 RC4, Red Hat's APAC Push

    Links for the day



  29. Apple Has Far More to Lose Than to Gain From Patent Maximalism; Apple Needs to Fight for Patent Sanity

    It might be time for Apple to rethink its legal strategy; patents are costing the company a great deal of money and have yielded almost nothing for the company's bottom line (unlike the company's lawyers, perpetrators of this misguided strategy)



  30. Project Battistelli: Documenting the Ugly and Illegal Things Battistelli Did at the EPO

    The efforts to shed light on what Battistelli did when he was in charge of the European Patent Office (both told and untold stories)


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts