Bonum Certa Men Certa

OOXML Patent Lock-up Teaches Microsoft and Others That Software Patents Hurt

Digital lock



Summary: Lessons to be taken from the i4i vs Microsoft case and the real story behind amicus briefs in this case

THE i4i vs Microsoft case has led to OOXML troubles. Microsoft knew about it all along [1, 2, 3], which is why ISO was urged to invalidate OOXML after it had foolishly sold out.



Microsoft's booster/insider Alex Brown keeps provoking about OOXML and patents right about now, but we'll leave that alone for the time being because it's not worth stirring up this hornet's nest again. He too knew about this problem, but as the BRM convenor for OOXML he kept quiet about it. He had a job to do and that job was seemingly to promote Microsoft, not do the duties he was assigned to carry out for ISO.

Microsoft is currently trying to escape the trap set up by i4i after the very shrill Microsoft cheated i4i and even took some pride in it. Microsoft wants to get rid of i4i's patent/s and spinners of this (mobbyists in particular) take it out of context by pretending that Microsoft's patent policy is reasonable and that the EFF supports Microsoft. As the FFII puts it, this is just a case of:

#EFF against i4i #XML patent


It's a software patent and Microsoft et al. knew about it years ago yet hid the issue in order to market OOXML, which is a story of corruption.

Ryan Paul wrote about it and so did Groklaw which has a full amicus brief presented as text:

Seriously, Google, Verizon, Dell, HP, HTC, and Wal-Mart, if you can believe it, have together filed an amicus brief [PDF] in support of Microsoft's petition for writ of certiorari [PDF] in the i4i patent litigation case Microsoft lost both at the District Court level and on appeal to the Federal Circuit. HP and Dell submitted amicus briefs before in support of Microsoft, back when the case was being appealed to the Federal Circuit, but after Microsoft lost again there, the crowd in support has grown. And they all give the court an earful about just how messed up the patent system has become.

It's a new day, ladies and gentlemen, when Wal-Mart gets it that the patent system is destructive to business and destroying innovation. A number of others have also filed amicus briefs, including EFF together with the Apache Software Foundation, Public Knowledge, and the Computer & Communications Industry Association. You can find more amicus briefs in Nick Eaton's article in the San Francisco Chronicle, but I thought you'd particularly like to see the Google brief, so I've done it as text, because Google uses the same firm that represents them against Oracle in the patent litigation regarding Java and Android, King & Spalding.


Rob Weir is meanwhile showing that ISO is a farce. "Costs over $100 to view," he writes "#FAIL RT @isostandards: ISO/IEC standard for special mathematical functions (C++) http://ow.ly/2MiPR"

If ISO allows patent traps (even from trolls) to become "standards", then ISO renders itself obsolete.

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
 
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders