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

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024