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

08.18.09

Confirmed: Gartner and Burton Groups Wrong, Boycott Novell Correct on ODF and Patents

Posted in Boycott Novell, Courtroom, Deception, Formats, FUD, Microsoft, Open XML, OpenDocument, Patents at 6:47 pm by Dr. Roy Schestowitz

Summary: ODF and OpenOffice.org unaffected by the i4i dispute with Microsoft

THERE are minor new developments in the i4i saga [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] and also some important clarifications. As a direct result of the i4i case, the PFF expresses its objection to the Texan courts system, which is pretty major because this is where many patent trolls are thriving. More importantly, a statement is being made which confirms what we wrote about ODF and ODF-using software. Microsoft puppets like Burton and Gartner [1, 2, 3, 4] were totally wrong and they should be served crow for dinner, having created a lot of unnecessary fear among the ODF community.

ODF safe from Microsoft / i4i Lawsuit

Late last week, analysts from Gartner and the Burton Group expressed the opinion that ODF could also be in breach of a patent belonging to Canadian company i4i which, a court ruled, Microsoft had breached.

[...]

Other reporters, who have assumed that any use of XML could fall foul of the i4i patent, get short shrift from Hickins and others.

Last week, the pro-Microsoft Nicholas Kolakowski fueled the FUD from others in pro-Microsoft crowds/circles, probably in order to harm ODF. We refuted all this and offered some relevant background to defend our contentions. Right now, Kolakowski is at least man enough to publish a correction in eWeek based on/in relation to the article from eWeek Europe.

In an interview with eWEEK, i4i Chairman Loudon Owen and founder Michel Vulpe asserted that while they were determined to pursue their patent infringement case against Microsoft, many of the open-source community’s fears over the patent were unfounded.

So, we were right all along. Those Microsoft analysts had indeed been spreading fear which then propagated through less informed reporters on FOSS (whom we need not name again). It is usually best to ignore so-called analysts like Gartner and Burton, who act based on ‘faith’ and whoever pays their bills. It is known because we even have copies of virtual receipts.

Groklaw wrote about this subject too. The article goes further to explain that Microsoft hid what it knew could become patent trouble inside OOXML.

I have a question for Microsoft. Why didn’t they tell us about this i4i patent litigation during the OOXML ISO process? Didn’t we need to know?

[...]

Now what? Well, look at this, from Government Computer News:

i4i said it has looked at OpenOffice and found it doesn’t infringe on its patents.

So, there you have it, ladies and gentlemen. Straight from the horse’s mouth, so no need to look to any other part of the horse’s anatomy. No need for analysts’ opinions and such. OpenOffice.org is clean, according to the i4i folks, and it’s their patent. As for ODF, it doesn’t use CustomXML, and it had no plans to do so, despite what you’ve been reading in the fuddy papers.

[...]

You know what else was happening around March of 2007 and thereafter? Go to Groklaw’s ODF/OOXML chronology pages, and you’ll see. They were twisting Massachusetts’ arm to accept their competing format instead of just ODF, and their supporters were raising a stink about ODF not being easily accessible to the disabled.

Meanwhile, Microsoft was, we now know, in litigation that could make their format as submitted unusable by anyone in the entire US. And they never said a word that I ever heard. Anyone know about this patent case during the ISO ram-through of OOXML? Anyone? Maybe ISO needs to add this to their To Do List: find out if there are patents threatening a proposed standard. Or better yet, could someone take software and patents to Nevada and get them a quickie divorce? They’re not compatible.

Remember when the OOXML convenor Alex Brown said, after the OOXML approval, that he agreed ODF was cleaner than OOXML?

“I’d go with that. I think ISO/IEC 26300 (ODF 1.0) can be compared to a neat house built on good foundations which is not finished; 29500 (OOXML) is a baroque cliffside castle replete with toppling towers, secret passages and ghosts: it is all too finished.”

Well, it appears he was correct. ODF is cleaner. And now we know where one secret passage in OOXML leads. To a US courtroom, an injunction, and a $290 million judgment. Towers are toppling.

That’s the Microsoft we know and this is what people have come to expect.

In other patent news, the nuisance known as SpinVox [1, 2, 3, 4] seems to be crumbling. It is the company which claims to ‘own’ voice-to-text even though it probably was never invented there. Likewise, there is a company called VoloMedia which claims to ‘own’ audiocasing and TUAW has this new article about it.

The second round of patent wackiness occurred on Wednesday, when media analytics firm VoloMedia was granted a patent for the basic elements of podcasting. Patent number 7,568,213, “Method for providing episodic media content” was awarded Wednesday to Volomedia after almost 6 years of study by the Patent Office. Volomedia’s founder, Murgesh Navar, claims that the patent filing in 2003 was made “almost a year before the start of podcasting.”

Mentioned last week, we also saw the Europe Commission commissioning a study regarding the patent system. Here is an actual analysis of this move.

In political terms, this move of the EU Commission might indicate that they do want to have a take of their own on the topic of patent quality: Despite the fact that the European Patent Office (EPO) is working since many years on this aspect on their business, the EU Commission has decided to spend some money in order to obtain something like a second opinion independently from EPO.

When will the United States apply a similar “sanity check” now that the PFF seemingly calls for it?

“[Y]ou’re creating a new 20-year monopoly for no good reason.”

David Kappos, Director of the USPTO

David Kappos

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. Links 1/7/2016: New PCLinuxOS Magazine, Mageia 6 Close to Release

    Links for the day



  2. Ignoring the Bascom Hype and the Federal Circuit's Built-in Bias, Software Patents Still Dying in US Courts

    The trend which suggests software patents fade away in the United States, in spite of all the lobbying, remains largely uninterfered



  3. Battistelli's Destructive Actions Will Drive EPO Applicants Away to National Patent Offices, Putting at Risk the Whole EU-Wide (and Beyond) Project

    Battistelli's regressive policies and extremely bad behaviour increasingly motivate people to avoid the EPO, which serves to reinforce the observation that Battistelli has become an existential risk to the EPO with his huge spendings on self-glorification, militarisation, and dubious secret contracts



  4. As Expected, 'Team UPC' Continues Fighting for Its Project's Survival in Spite of 'Brexit'

    The desperate attempts to race to the bottom with the Unitary Patent Court and Battistelli's misguided effort to reduce patent quality and make up for it with greater patent quantity, in addition to increased fees (to discourage appeals, withdrawals etc.)



  5. Goodbye Halo, Hello Revisionism (or How Patent Profiteers Perfume a Terrible SCOTUS Decision That Helps Patent Trolls)

    A short review/overview of this past week's coverage regarding Halo (the Halo v Pulse case) -- a SCOTUS decision that will help patent trolls in the United States



  6. Realistic English Translation of EPO Announcement About Crushing of Patent Quality

    The EPO's statement which proves Eric Blair (George Orwell) right, carefully rewritten to better explain what Battistelli and his cronies have just done to bring the EPO's status to an all-time low



  7. Great News: The US Supreme Court Shoots Down Software Patents Again

    The outcome of the US Supreme Court refusing to intervene in the Sequenom v Ariosa case -- a case which would have put at risk the strongly-worded Alice and Mayo decisions (SCOTUS level)



  8. No Expectation of the US Patent System Getting Fixed Any Time Soon

    On the agenda of the supposedly 'liberal' side (hawkish and corporatist in practice) there's no reason for Hope of Change and new data suggests that patent practices are gradually ebbing away in the United States



  9. A System in Their Back Pockets: Protecting Large Corporations in High-Profile Patent Cases

    A couple of new examples of patent cases where the bigger company (with deeper pockets) wins, either by injunctions against small companies or by invalidating the patents of smaller companies



  10. The European Patent Organisation's Administrative Council Helps Benoît Battistelli Destroy Patent Quality for the Sake of 'Production'

    In secretive sessions behind closed doors Battistelli and the Administrative Council conspired to send the no-longer-independent boards of appeal to exile, assuring that patent quality will nosedive and make the Office akin to a registration/filing office



  11. At the European Patent Organisation the Administrative Council Does Not Care About Staff

    The Administrative Council (AC) of the European Patent Organisation continues to show carelessness and apathy if not complicity by maintaining a deeply heartless approach and blind support for a President with 0% approval ratings (among polled staff)



  12. Links 1/7/2016: Enlightenment 0.21.0, Peppermint 7, New Mint

    Links for the day



  13. EPO Leak: Administrative Council's Latest Meeting Report (Updated)

    The outcome of the Administrative Council's meeting, where Battistelli managed to avoid earthquakes and basically did just about everything he wanted, reinforcing the perception that there is no oversight



  14. Publicly-Available Information About the Meeting of the EPO's Administrative Council

    The EPO "crisis" -- as Board 28 called it -- lingers on because no substantial steps were taken towards Battistelli's removal from Office for his violation of Office rules (his own rules) among other laws that Eponia perceives itself as exempt from



  15. Battistelli's Last Moves Are Desperate Attempts to Crush the Messenger (SUEPO), Which Will Almost Certainly Backfire on (if Not Fire) Battistelli

    By implicitly declaring a war on those who speak truth to power or those who are associated with perceived truth-tellers, Battistelli reinforces the perception that he is protecting the bad people at all cost (even his very own career)



  16. EPO Staff Representative Jesus Areso Explains the Crisis to the Administrative Council

    An intervention by an EPO Central Staff Committee (CSC) member who is under gag orders from Battistelli's regime and cannot speak about his case, which apparently involves truly severe disciplinary actions for merely helping or contributing to a staff survey (not controlled by and paid for by Battistelli)



  17. Shadows of Alleged Criminality Over the European Patent Office (EPO)

    Cases against Željko Topić, a Vice-President at the European Patent Office, are moving forward in Croatia, where he still faces many criminal charges



  18. You Know That UPC is Quite Likely Dead (at Least in the UK) When Even Baroness Neville-Rolfe Dodges the Question (Updated)

    The UPC appears to be a dead end, much like Battistelli's career, not only in the UK but in Europe as a whole (it has been all along designed with London/England/UK in mind)



  19. Short Report From Today's EPO Protest in Munich

    A few noteworthy points about the staff protest which coincided with the Administrative Council's meeting earlier today in Munich



  20. Growing Consensus Even Among Patent Professionals That UPC is Dying Everywhere If Not Just in the UK

    The UPC continues to sink as more and more people come to grips with the complexity of the current situation, irrespective of what countries other than the UK do next



  21. Battistelli Attacks Not Only His Staff But Also Patents Themselves (Their Quality) and the Legal Legitimacy Surrounding the EPO

    Battistelli's EPO is having not only reputation problems but also staff retention problems, patent quality problems and problems pertaining to perception of fair trials or justice regarding patents



  22. Battistelli is Creating an Atmosphere of Terror at the EPO While Exploiting Terror Attacks to Garner Sympathy

    "As if Laurent were a terrorist, the Office has imposed a house arrest and has forbidden him to enter the EPO premises," according to SUEPO, writing about one of its members at The Hague who is "maliciously accused via a fabricated procedure"



  23. Rumours That EPO President Battistelli Got Sacked to be Replaced by Christoph Ernst Appear to be Baseless

    Dr. Christoph Ernst is claimed to be the successor (interim or permanent) of the notorious Battistelli, but these claims have little or no evidence to support them



  24. Links 29/6/2016: SteamOS 2.83 Beta, Alpine Linux 3.4.1

    Links for the day



  25. The EPO Has Become Battistelli's Circus and the Administrative Council Has Been Reduced to (Illegal) Circus Animals Controlled With 'Treats'

    Battistelli's attack on justice and on the rule of law is debated among insiders who have grown increasingly impatient with the Administrative Council's tolerance of Battistelli and sometimes even Kongstad's amazing complicity



  26. The Latest Lies About the Unitary Patent (UPC) Would Have Us Believe That It's Alive and Well

    How patents-centric sites (some of which are in bed with the EPO) have responded to the 'Brexit' vote and why they're not telling us the truth about the Unitary Patent scam (often created and promoted by the same people who run and/or fund such sites)



  27. EPO Management Bunker: “The Bailiff Who Came to Deliver the Subpoena was Escorted off the Property by Five Security Guards.”

    Battistelli has essentially turned the European Patent Office (EPO) into a barracks, where he continues to enjoy immunity from the rule of law and discourages those who wish to challenge this immunity



  28. Keeping the Guard and Securing Society From Software Patents

    The policies over which Indians and Europeans have kept guard are being 'stolen' by vested interests



  29. Benoît Battistelli Further Weaponises His EPO 'Stasi' With CA/52/16

    A glimpse at what Benoît Battistelli will shortly attempt to do to the EPO, in order to cement his power in the face of growing opposition from many directions



  30. EPO Caricature: Administrative Council Control of Benoît Battistelli

    Another new caricature regarding the President of the European Patent Office (EPO) and lack of effective oversight from the Administrative Council (European Patent Organisation)


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