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

Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025