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Posted in Deception, Microsoft, Open XML, Patents at 10:36 am by Dr. Roy Schestowitz
If it looks like a patent bomb, it probably is
An open letter that was sent to many in ISO contains a description along with pointers covering the patent time called OOXML. [via noooxml.org]
=> ↺ contains a description along with pointers covering the patent time called OOXML
I have just send the following email to ISO members (you can find some of their email addresses on the INCTIS website) to warn them about the possible patent ambush…
This isn’t particularly new, but for those who study the issue, the letter will serve as a valuable resource and starting point. █
Older articles of interest:
Digging in the Comments: Patents
Patent licensing is probably the most important aspect for all third parties that want to implement or use the Open XML specification. Unfortunately the Ballot Resolution Meeting cannot discuss these aspects because only technical and editorial issues would get resolved.
[...]
When you have a patent which covers Open XML and you refuse to license it, the standard process gets stalled. Large companies in the standardization process are reluctant to use that nuke option. Given the ambush that the software patent practice means today it is quite possible that Open XML infringes a patent and all parties eventually have an obligation to license it.
Patent threat looms large over OOXML
“If OOXML goes through as an ISO standard, the IT industry, government and business will encumbered with a 6000-page specification peppered with potential patent liabilities” said NZOSS President Don Christie.
“Patent threats have already been used to spread doubt amongst organisations keen to take advantage of the benefits of open source. No one knows whether such claims have any merit, but it is calculated to deter the development and use of open and alternative toolsets.”
Cyberlaw OOXML Seminar 14 December
However, this raises the issue – what assurance does a developer have that such a large specification is not the subject of third party patent claims? The pedigree of the specification is certainly no reason for hope, Microsoft has been the target of third party patent claims for some time now including some high profile losses in patent suits. The fact that the specification has been developed behind closed doors and on a fast track means that there has been no adequate opportunity to evaluate the likelihood of third party patent claims against the specifications. The sheer size of the document suggests there will be at least a couple hiding in there somewhere.
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