12.06.08

Gemini version available ♊︎

OOXML is Patent Trap, Royalties Render it Obsolete

Posted in ISO, Microsoft, Open XML, OpenDocument, Patents at 7:51 am by Dr. Roy Schestowitz

“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.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

13 Comments

  1. jo Shields said,

    December 6, 2008 at 8:19 am

    Gravatar

    Why the Mono logo? What does it have to do with this “article”

  2. Roy Schestowitz said,

    December 6, 2008 at 8:23 am

    Gravatar

    Novell’s OOXML translator is a Trojan horse for Mono, i.e. more Microsoft patents.

  3. AlexH said,

    December 6, 2008 at 8:44 am

    Gravatar

    We should petition to have this dangerous patent risk removed from OpenOffice.org immediately.

  4. stevetheFLY said,

    December 6, 2008 at 11:26 am

    Gravatar

    Yeah, and tell SUN to remove their own OOXML-code, too…

    Note: comment has been flagged for arriving from an incarnation of a known (eet), pseudonymous, forever-nymshifting, abusive Internet troll that posts from open proxies and relays around the world.

  5. stevetheFLY said,

    December 6, 2008 at 11:27 am

    Gravatar

    …and the code for opening and saving to .DOC, too, of course!

    Note: comment has been flagged for arriving from an incarnation of a known (eet), pseudonymous, forever-nymshifting, abusive Internet troll that posts from open proxies and relays around the world.

  6. stevetheFLY said,

    December 6, 2008 at 11:34 am

    Gravatar

    How about voting SUN out of OOo altogether because they have sealed a patent-agreement with Microsoft?

    http://www.microsoft.com/presspass/press/2004/apr04/04-02SunAgreementPR.mspx
    http://articles.techrepublic.com.com/5100-22_11-5188082.html

    Note: comment has been flagged for arriving from an incarnation of a known (eet), pseudonymous, forever-nymshifting, abusive Internet troll that posts from open proxies and relays around the world.

  7. Roy Schestowitz said,

    December 6, 2008 at 11:37 am

    Gravatar

    Not about GNU/Linux and does not involve Mono/.NET and OOXML.

  8. stevetheFLY said,

    December 6, 2008 at 11:39 am

    Gravatar

    What’s the difference??!?, they’ve included the ‘OOXML-trap’ in the mainline code, and they have received millions of dollars from eeeevil Micro$oft!!!! ;p

    Let them feel the sacred wrath of righeous FLOSS crusaders like your humble self…

    Note: comment has been flagged for arriving from an incarnation of a known (eet), pseudonymous, forever-nymshifting, abusive Internet troll that posts from open proxies and relays around the world.

  9. stevetheFLY said,

    December 6, 2008 at 11:42 am

    Gravatar

    I bet Jonathan I. Schwartz and Steve Ballmer take nude sauna sessions together!! Shameless treason! Flail them! We want blood! ;ppp

    Note: comment has been flagged for arriving from an incarnation of a known (eet), pseudonymous, forever-nymshifting, abusive Internet troll that posts from open proxies and relays around the world.

  10. jo Shields said,

    December 6, 2008 at 4:07 pm

    Gravatar

    Novell’s OOXML translator is a Trojan horse for Mono, i.e. more Microsoft patents.

    You’re behaving more unhinged than usual. This is an impressive feat.

    Novell’s deprecated OOXML support for OOo 2.x (no longer needed, since Sun have their own support in 3.x) has never had the slightest thing to do with Mono. It doesn’t require it, or use it.

    And, for a change, your link has nothing to do with the point you’re making.

    Seriously, it’s gone past silly now. Are you on something?

  11. Sydney Sider said,

    December 6, 2008 at 6:28 pm

    Gravatar

    Think rationally about this for a moment Roy. Is there a single case of Microsoft suing over a software patient? They moment they did most of their portfolio would be either toast or at risk.

  12. salvin said,

    December 6, 2008 at 6:38 pm

    Gravatar

    Oh, don’t you try to be _rational_ with Roy; he doesn’t like that… ;)

  13. Roy Schestowitz said,

    December 6, 2008 at 6:56 pm

    Gravatar

    Sydney,

    re Bilski has already done the trick.

DecorWhat Else is New


  1. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  2. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  3. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  4. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  5. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  6. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  7. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  8. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  9. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  10. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  11. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  12. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  13. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  14. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  15. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  16. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  17. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  18. Links 16/1/2022: Tsunami and Patents

    Links for the day



  19. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  20. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  21. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  22. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  23. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  24. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  25. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  26. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  27. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  28. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  29. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  30. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day


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

Recent Posts