Bonum Certa Men Certa

OOXML Believed to be on Path to a Loss at ISO (ITNews) (Updated)

Marbux has just mailed us this pointer, suggesting that OOXML is unlikely to be approved, at least judging by the following early assessment:

With less than two days to go before the International Standards Organization (ISO) decides on whether or not to approve Microsoft’s Office Open XML (OOXML), lovers and haters of the format are intensifying their arguments for a last hurrah.

[...]

For OOXML to be approved, at least two thirds of the participating countries need to have voted in favour of the format, and no more than one quarter of the total number of votes can be negative.

As things stand, numbers are not looking good for Microsoft. 18 countries have voted in favour of OOXML, and 14 countries have voted against it. Nine countries, including Australia, have chosen to abstain from the vote.


The is some more new coverage of Document Freedom Day, including this report which ends with:

"But [OOXML] fails the test for an Open Standard in various ways, including an unclear legal status as well as inclusion of and reference to proprietary technologies. It has all signs of a vendor-specific format that only Microsoft will be able to implement completely," the group writes on its site.


If you are interested in OpenOffice.org, be aware that its Web site has just had a major redesign. Also, you may wish to see this new feature walkthrough of version 2.4.0.

When updating extensions, OpenOffice.org will launch the web browser to the appropriate web pages for more convenient updating. Extensions can have non-geeky-looking display names, but if the publisher omits the display name, the geeky-looking filename is used instead. Extension publishers can include links to their sites and to release notes.


Personally, I never use office suites (I'm more of a LATEX person), but knowing how OpenOffice.org eliminates barriers to Free software adoption, I am willing to help promote it. ODF is supported by dozens of applications from many different vendors (whom Sun/IBM/Red Hat/Oracle/Google did not have to pay/bribe, unlike Microsoft). ODF is not to be confused or seen as analogous to OpenOffice.org.

Update: Marbux adds the following good bits, which he permitted us to share in public.

Even if DIS-29500 ("OOXML") is approved by JTC 1, that is not the end of file format war; it is only the beginning. Under the Agreement on Technical Barriers to Trade ("ATBT'), international standardization is merely *preparation" for decisions to adopt technical regulations at the regional/national/local level. See sections 2.4 and 2.6. And what do we find in section 2.2?



Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade.


So even if Microsoft wins the "prepared" stage, it still has to win the "adopted or applied" phases.



Similarly, under the Agreement on Government Procurement ("AGP"), Article VI sections 1 and 2, we find:



1. Technical [procurement] specifications laying down the characteristics of the products or services to be procured, such as quality, performance, safety and dimensions, symbols, terminology, packaging, marking and labelling, or the processes and methods for their production and requirements relating to conformity assessment procedures prescribed by procuring entities, shall not be prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade.



2. Technical specifications prescribed by procuring entities shall, where appropriate:



...



(b) be based on international standards, where such exist; otherwise, on national technical regulations(3), recognized national standards(4), or building codes.


Note that the footnotes I have omitted from the original text directly paraphrase ATBT definitions.



While the requirement that technical specifications be based on international standards in section 2 would seem to create tension in the context of OOXML with the section 1 prohibition against procurement specifications that create unnecessary obstacles to international trade, traditional legal analysis would call for resolving that tension by looking to the purpose of the Agremeement. So under my interpretation, the prohibition in section 1 would trump section 2. But I caution that this is an issue the WTO dispute resolution process has yet to rule on.



Both the AGP and the ATBT apply to every level of government in signatory nations. So, e.g., in the Massachusetts situation, the battle was over a technical regulation that was also to be used as a procurement specification. Hence the decision was subject to both treaties.



Think of the "prepared, adopted, or applied" phrase as a three-phase test that has to be applied by governments at every step of the way, in their NB positions, in their national standards decisions, in their state standards decisions, in their municipal standards decisions, in their procurement decisions.



In other words, OOXML approval at JTC 1 is simply phase 1. There are myriad battles yet to come even if OOXML survives JTC 1. All subject to challenge by individual nations in the WTO dispute resolution process. The AGP also requires that competitors be provided with a judicial review remedy on procurement decisions by each signatory nation, although in the U.S., Congress in ratifying the Uruguay Round Agreements (includes both AGP and ATBT), declined to acquiesce to this provision in regard to state governments, a reservation of dubious legality because of the AGP and ATBT's "all or nothing" provisions for accession to the agreements.



I'll note here that government procurement of software as a service is governed by a third treaty, the General Agreement on Trade in Services. But I'll save that discussion for another day.



So short story: The fight ain't over 'til the fat lady sings. Microsoft can be knocked out in Round 1 and lose the war at JTC 1, but at best it can only survive into Round 2. I.e., the best Microsoft can do is win a battle, not the war. That is why I have not been worrying too much about what happens at JTC 1. The real war is in the government software market, in the potentially thousands of technical regulation and procurement specification battles. And it will not be the big vendors making those decisions. It will be their customers.

Comments

Recent Techrights' Posts

Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
 
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web