Bonum Certa Men Certa

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

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

Recent Techrights' Posts

Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
 
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October
Gemini Links 30/09/2025: Motorcycling in Central Oregon, Protocol Styles and the Flag of Sark
Links for the day
Links 30/09/2025: Death Sentences, Internet Censorship, and Internet Shutdowns
Links for the day
Gemini Links 30/09/2025: Social Control Media and ROOPHLOCH
Links for the day
Richard Stallman About to Give More Talks in Europe, Some Confirmed Already
In Göteborg
Links 30/09/2025: CERN in "Have I Been Pwned" and More Windows TCO Blunders
Links for the day
Microsoft Canonical is Selling Mass Surveillance and Back Doors as "Security for Ubuntu"
If you are looking for a GNU/Linux distro to use, just remember that Microsoft has Ubuntu in the bag
Justice for Wildlife
animals cannot speak to humans who hate animals
Cowboys Gonna Be Cowboys (on the Internet, They're Not a New Problem)
Boys will be boys
Cowboys of the "Left" and Cowboys of the "Right"
Don't believe the lie that this is some "leftist" thing
When Codes of Conduct Serve to Protect Criminals From Much-Deserved Scrutiny
CoCs are typically unfit for purpose because enforcement lacks context and suitable understanding of the full background (the "full story")
It Took the Open Source Initiative (OSI) 4+ Years to Address the 'Data Breach' or Data Protection Violation Reported to the California Privacy Protection Agency (CPPA) in March 2025
We may never know the dialogue or its nature
Even Microsoft's Biggest Boosters (and Media Operatives) Are Turning Against Microsoft
Expect many more layoffs before the fake "results" next month
GNU Was Right 42+ Years Ago
Since then the abusive, user-hostile technology has spread like mushrooms
Old Isn't Always Inadequate
How many gadgets manufactured today (in 2025) will still work in 2075?
The Monkey Business of Rust People
Compatibility won't matter
Almost Half of the FSFE's Money (the Fake 'FSF', Misusing the Brand) Comes From Vodafone
That money always comes with strings, even if they're invisible to most of us
Microsoft Lunduke Spreads Deliberate Lies to Incite Online Mobs
Has he lost his reading comprehension skills?
Our 19th Birthday (in Just Over 5 Weeks From Now)
We meanwhile have ongoing, solid plans to cover patent-related issues when the FSF turns 40
British GNU/Linux Distro FydeOS Tops DistroWatch
That seems like a decent site and decent effort to keep an eye on
We'll Soon Have 75,000 GemText Pages
avoid many perils of today's Web
Google Used Free Software to Build a Monopoly. Now Google Kicks Free Software to the Curb
The "G" in "Google" does not stand for GNU. It never did. It's just another greedy company.
Gemini Links 30/09/2025: Retro Hardware, Federated Fragmentation, and Nex Server Written in C
Links for the day
4 More Days Till "4 decades, 4 freedoms, 4 all users"
We are now just 4 days away from the rare anniversary
Two Months After Merging to Hide GitHub Losses Microsoft is Doing It Again (This Time Windows)
Merging those two together is not a sign of strength but a tightening of budget
Speculations About the Next Large Wave of IBM/Red Hat Layoffs
the mass layoffs are likely to happen on week 3 or 4 in October
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 29, 2025
IRC logs for Monday, September 29, 2025