Bonum Certa Men Certa

Is a Vote for OOXML (Office Open XML) as an ISO illegitimate?

The European Commission has just published the following document in a very timely fashion.

Egyedi, a researcher of technical standards, at the Technical University in Delft, the Netherlands, doubts whether ISO should have a taken into consideration a second standard for electronic documents at all. ISO approved the Open Document Format ODF in 2006, says Egyedi: "What are we to do with a second standard, which is overlapping the first? This conflicts with rules of the World Trade Organisation."

The standards specialist refers to the WTO Agreement on Technical Barriers to Trade, which states that duplication or overlap should be avoided.


I could not help but recalling a discussion that I had a couple of months ago. The evidence that had been gathered by a friend (preferably unnamed until permission is granted) showed the very same thing, which we shall present here. It was never published anywhere. (Update: the evidence had been gathered by Russell Ossendryver of Fanaticattack, who sent me the following a few weeks ago and has just allowed me to reveal his identity)




There should be an immediate freeze on a vote put forth by the JTC 1



Microsoft's proposal that its Office Open XML specification become an International Standard is ineligible for further preparation as a standard on grounds that it would create an unnecessary obstacle to international trade.

“...OOXML as an ISO has become illegitimate and any vote on it should be placed on hold until all anti-trust litigations are resolved.”Microsoft wants this process to be "left to the experts" and that the discussion should be only technical in nature. But the whole point of the ISO status is economic in nature: ISO is first and foremost about lowering obstacles to trade. Microsoft's OOXML would RAISE obstacles to trade by giving ISO status to only one vendor: Microsoft.

In light of the compliant filed by the ECIS, BECTA filing a anti-trust complaint with the Office of Fair Trading (OFT) in the UK, the calling of Microsoft to release information on the legacy formats into the public domain by NLnet, a Dutch foundation for an open information society because as it is, it hampers third-party development, OOXML as an ISO has become illegitimate and any vote on it should be placed on hold until all anti-trust litigations are resolved.

In the complaint by ECIS (European Committee for Interoperable Systems), Microsoft is alleged to have illegally refused to disclose interoperability information across a broad range of products, including information related to its Office suite, a number of its server products, and also in relation to the so called .NET Framework. The Commission’s examination will therefore focus on all these areas, including the question whether Microsoft’s new file format Office Open XML, as implemented in Office, is sufficiently interoperable with competitors’ products.”


WTO and ISO and the technical barriers of trade



The World Trade Organization (WTO) is the international organization dealing with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible.

ISO -- together with IEC (International Electrotechnical Commission) and ITU (International Telecommunication Union) -- has built a strategic partnership with WTO. The political agreements reached within the framework of WTO require underpinning by technical agreements. ISO, IEC and ITU, as the three principal organizations in international standardization, have the complementary scopes, the framework, the expertise and the experience to provide this technical support for the growth of the global market.

THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE (TBT)



The Agreement on Technical Barriers to Trade (TBT) [PDF] -- sometimes referred to as the Standards Code -- is one of the legal texts of the WTO Agreement which obliges WTO Members to ensure that technical regulations, voluntary standards and conformity assessment procedures do not create unnecessary obstacles to trade.

THE CONTRIBUTION OF INTERNATIONAL STANDARDS AND CONFORMITY ASSESSMENT



The TBT Agreement recognizes the important contribution that international standards and conformity assessment systems can make to improving efficiency of production and facilitating international trade. Where international standards exist or their completion is imminent, therefore, the Code of Good Practice says that standardizing bodies should use them, or the relevant parts of them, as a basis for standards they develop.

STANDARDIZING BODIES HAVING ACCEPTED THE WTO TBT CODE OF GOOD PRACTICE



The WTO TBT Standards Code Directory 2007 lists all standardizing bodies that have notified acceptance of the WTO TBT Code of Good Practice for the Preparation, Adoption and Application of Standards. The Directory, which is published annually, also contains the addresses of these standardizing bodies and information related to the availability of their work programmes.

OFFICE OPEN XML is not interoperatible


JTC 1 has the authority and responsibility to clarify whether interoperability is intended to be facilitated by each JTC 1 standard and ISP, to what or whom the interoperability applies, how conformity is related to the provision of interoperability, and how to verify that interoperability is provided between relevant IT systems.

Conclusion



There is enormous overlapping jurisdiction between national standardization body responsibilities and those of antitrust regulators. There is a pretty fair argument that JTC 1 should put DIS-29500 on ice until the antitrust proceeding is concluded, in order to avoid the possibility of inconsistent decisions. The NBs are actually required by the TBT to consider the potential anticompetitive effects of draft standards. Further, mostly based on the implementable and interoperatible factors of OOXML, it is clearly evident that only one company benefits, Microsoft. No ISO standard should benefit just one company. The JTC 1 has the responsibility to intervene.

Comments

Recent Techrights' Posts

Many Articles About Layoffs Are Still Fake, Still LLM Slop, Even About IBM Layoffs
No wonder tech and tech journalism are getting so much worse
Slappification: Using More SLAPP to Cover Up SLAPP and Chaining SLAPPs (From Microsoft) in a Failed Bid to Censor Techrights
How low can a person with a law degree stoop?
 
Gemini Links 22/03/2025: INTERPOL, DDoS by "Hey Hi" Hype, and RSS/Feed Readers
Links for the day
Links 22/03/2025: Alzheimer Research and Mega-breaches in the US
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 21, 2025
IRC logs for Friday, March 21, 2025
Gemini Links 21/03/2025: Leasehold, LOTI, and Project Managers
Links for the day
Links 21/03/2025: Energy Facilities Under Fire (or on Fire), EU "Solidarity with Ukraine" and First Console
Links for the day
Links 21/03/2025: "IBM cuts Thousands" and Outlook Outage Again (Microsoft Looks for Excuses)
Links for the day
Gemini Links 21/03/2025: "Happy Spring" and Leaving "The Enterprise"
Links for the day
Speak More About the GNU Manifesto (40 Years Old This Month), It Helps Remind People That GNU/Linux Was Started by Richard Stallman and the Ultimate Goal is Freedom
We generally encourage people to speak about Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 20, 2025
IRC logs for Thursday, March 20, 2025
Hidden from coroners and the public: tech industry cultural contagion
Reprinted with permission from Daniel Pocock
Richard Stallman on Patents
uploaded a day ago by Aleksandar Popovic
What Happened to the Open Source Initiative (OSI) Elections: Leaking Information of Members (Even in 2025)
More nonsense about Hey Hi (AI), which OSI has been openwashing on Microsoft's payroll
Recommended New Article From Dr. Andy Farnell and Some Site Miscellany
Andy says he and his daughter successfully avoid GAFAM
Links 20/03/2025: Executions in China and Crackdowns on Science in the US
Links for the day
Gemini Links 20/03/2025: Ubuntu Shafting Common Sense and Blocking of Bots of the Net
Links for the day
Links 20/03/2025: IBM Layoffs (Thousands Reportedly Laid Off) and Lots More Corruption in the White House
Links for the day
Techrights Will Never Capitulate to Threats From Microsofters
Set aside violence against women and all sorts of other things; it's not about personal issues
The Microsoft-Led Open Source Initiative (OSI) is Hurting, It'll Try to Hurt Its Critics and Exposers Now
The OSI's chief meanwhile issues a bunch of meaningless waffle, a sort of "damage control" or "face-saving" platitudes
Apple is Still an Enemy of Open Standards and Software Freedom
Apple did not get any more benign
Gemini Links 20/03/2025: Wanting the Future Back and "Society That Lost Focus"
Links for the day
Fake Articles About GNOME
betanews again
Richard Stallman's Personal Site Says He's Looking for More Opportunities to Speak in Europe
He does not charge people for the talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 19, 2025
IRC logs for Wednesday, March 19, 2025
Debian Pregnancy Cluster, when I stopped using IRC
Reprinted with permission from Daniel Pocock
Mass Layoffs at IBM Confirmed
Thousands believed to have been laid off