Bonum Certa Men Certa

OOXML is Patent Trap, Royalties Render it Obsolete

"Microsoft corrupted many members of ISO in order to win approval for its phony ‘open’ document format, OOXML. This was so governments that keep their documents in a Microsoft-only format can pretend that they are using ‘open standards.’ The government of South Africa has filed an appeal against the decision, citing the irregularities in the process."

--Richard Stallman, June 2008

MICROSOFT OOXML remains a patent issue, as pointed out by the SFLC in the past. It is disappointing that ISO, as corrupt as it is (filled with and influenced by cronies), permits this to happen despite so many warnings. Andy Updegrove has a pointer to this bit of new analysis covering patent issues in OOXML and how these foolishly get neglected.



I am publishing this post almost three months later than my initial plan, mainly because the past three months were very complicated ones.

There are many “open standards” definitions, and this great amount of interpretations or views about the subject, allowed distortions to make possible that almost anything on IT market could be classified as an “Open Standard” by marketing departments.

For me, and certainly for many of you, an open standard must meet two basic requirements:

1. Have been developed and is maintained through an open and transparent process.

2. Have open licensing.

[...]

The second one, is the so-called RAND (Ressonable And non-discriminatory). One don’t need to “force the brain” to realize that this model is quite complicated to use in practice, because what is reasonable to me may not be for you and to believe that something can be non-discriminatory on our current world is a little bit difficult task, OK ? (if someone disagree with that, please explain me how a Cuban company may RAND license technology from an USA company ?). ISO accepts RAND licensing and OpenXML can be cited as an example of this type of licensing (indeed, if there is anyone encouraged to answer the previous question, please improve the response explaining me how Cuba - an ISO member - can get a RAND license to develop an OpenXML based software… ISO is really a complicated institution.). In other words, for the USA economic reality, a technology license that costs U.S. $ 500 K may be reasonable, but I can’t assure that this resonable in Brazil (same on other countries)… a value like that would be considered “reasonable”? Maybe the participation on international standardization process to latter offer RAND licensing of its IPR may be a good deal.

[...]

As you can see, an specification called as an “open standard” can be licensed by one of the three models mentioned above or be the victim of the fourth type and I write this text to warn everyone about this problem.


To those who believe that amid tough times these patents won't be used, a quick look at the patent storm we so often cover here is probably required. To assume that rights -- however imaginary and ludicrous they may seem -- won't be asserted is to forget that Microsoft is already threatening the whole world using patents. Here is a case of abuse of the patent system, which is characteristic of Microsoft's patent troll.

A few months ago, we pointed to Joe Mullin's excellent article detailing how various patent attorneys were finding a lucrative side business in registering or buying their own patents and suing companies themselves. It's just that much more lucrative. Mullin is back, describing two Silicon Valley patent attorneys, Dominic Kotab and Kevin Zilka, who have been registering or buying a bunch of patents, and have been quite active in both setting up multiple shell companies, and suing many different defendants.


More abuse of the system is highlighted in another related context that we touched on a week ago.

I'm long overdue on some promised posts concerning the patent system and the harm it does for the healthcare field, but it's going to have to wait a little while longer. In the meantime, it's good to see that more people (including those in a position to do something about it) are noticing this as well. While we often feel that the EU goes overboard in declaring monopolies or anti-competitive behavior, it's finally realizing the one area where monopolies really do tend to be a problem: patents.


Those who are not willing to mess with patents and royalties should steer clear of OOXML. Germany is the latest country to put its weight behind ODF. Other countries are likely to do likewise. OOXML means you have to pay, and not just for Microsoft Office.

OOXML



NB: Speaking of patents, the FFII seems to be undergoing some self-improving organisational changes. Their agenda page states:

8.8. Setup new organisation (S. Uhlmann)



The proposed resolution is:

Set up a new association, transferring as many asserts of the FFII as possible to this new organization (when possible by law), allow it to act in the name of the FFII, ask supporters and members of the FFII to join it.

Justification:

The current problems with the tax office and the public benefit status are harming the FFII. Not only that it costs money. The unclear future and the possibility of unknown liabilities are blocking us. Also it creates friction between ourselves in discussing all these problems.

The idea is to set up another FFII 2.0. The old FFII 1.0 just fades out. The tax office can go after the old "empty shell" but all new activities are done under the FFII 2.0 umbrella. The liabilities will be isolated within FII 1.0.

The new organistion could be set up in another country where association law is more relaxed. May that be Belgium, Poland or even another German e.V. again (maybe with a different foundation place). That should be discussed.

The board of FFII 2.0 could be the same board as FFII 1.0 as a sign that this is not a split-up or separatist movement but only a legal/organisational measure to solve the legal/organisational problem and that we the FFII-people all stand behind FFII 2.0. That should be discussed.

The name of FFII 2.0 should make clear that this is the same FFII as FFII 1.0. E.g. by choosing the same name (if legally possible) or a similar name which is also abbreviated as FFII. That should be discussed.

All members of FFII 1.0 are encouraged to join FFII 2.0. I think it would not be difficult to explain them that this is just because of legal problems and our incompatibility with the public benefit status of German association law.

Everyone is invited to bring proposals for the new association including statutes to the GA.

Comments

Recent Techrights' Posts

Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
 
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day