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

Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
 
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day