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

Gemini Links 08/01/2026: "New Year, Old Plans" and Alex's "Butlerian Jihad"
Links for the day
LLM Slop About "Linux" Scarce and of Very Low Quality
At this rate, we reckon there may be one (or zero) per day by year's end
IBM's "Forever Layoffs" (to Bypass Warnings or Notices as Required by WARN Act)
There is a bunch of speculations about when the next "major round" of RAs will be
Attempts to Undermine This Site's Latest Series Using Intimidation, Threats, and Presumptuous Accusations
threatening language is less effective when everyone is an alibi
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026