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Microsoft Patenting Office XML Formats

mmurphy000 writes "News(.com)+ reports that Microsoft has filed for patents in multiple jurisdictions to control the way other applications use Office's new XML-based file formats. Musings from pundits suggest that OpenOffice.org and other applications might be blocked from interoperating with Office. This, of course on the heels of today's article on Bruce Perens' concerns over patents."

37 of 455 comments (clear)

  1. Ha! by Xpilot · · Score: 4, Insightful

    I knew this was coming. Microsoft sympathizers are always so quick to point out "but look, MS is using XML now so why are you complaining about closed file formats". Now this. Why are we not surprised.

    --
    "Backups are for wimps. Real men upload their data to an FTP site and have everyone else mirror it." -- Linus Torvalds
    1. Re:Ha! by ChaoticChaos · · Score: 4, Insightful

      Paranoid Microsoft never changes.

      People who develop using Microsoft technology (.Net) are just insane. How long will it be before parts of the .Net Web Services XML formats are proprietary as well?

    2. Re:Ha! by pirhana · · Score: 4, Insightful

      >> I use C# and the CLI , theyre ECMA specified.

      Even XML microsoft used WAS standard based. Everything they take from the standard and open architecture. The only problem is that they make a little (but significant) twist(e.g Active directory with LDAP and kerberos). So at the end of the day, its not much different than the classic proprietory craps. Now patents make it even more difficult as interoperability is effectively blocked leagally. I am not saying you shouldnt use C# or CLI . What I am saying is just because they are based on open standards *NOW* doesn't mean that they will remain to be.

    3. Re:Ha! by LeftOfCentre · · Score: 1, Insightful

      Those who see .NET as simply "web services" have missed the point. The greatest benefits with .NET are an excellent language (C#), a well-performing virtual machine (CLR) and -- perhaps most of all -- the .NET class framework, which is very well suited for developing desktop applications and a worthy successor to the Win32/MFC junk.

    4. Re:Ha! by gillbates · · Score: 3, Insightful

      Hate to say I told you so, but I made the same point when Microsoft published their "open" XML spec for Office documents. I got flamed for that one.

      "Open" means to Microsoft something entirely different from what most MS developers claim. "Open" means to Microsoft:

      • Open to making independent developers pay royalties to Microsoft for code they (the independent developers) wrote.
      • Open to tacking on additional terms and conditions to which the users must agree, or forfeit their investment.
      • Open for use as a tool to combat this so-called "open source" movement.
      Okay, I know this is going to sound like flamebait, but when will Microsoft developers ever learn?

      I understand if you have to make a living. Granted, we've all done dirty work at one time or another. But there's a big difference between someone who write MS programs simply because their users run Windows and those who support what they're doing. If Microsoft had its way, it would be illegal to write code for any platform without their explicit approval. This patenting of XML formats is merely an indication of much more insidious intent. Yes, Microsoft would put all developers out of business had they the resources to do so. Anyone who thinks otherwise is blind to the last 10 years of the company's history.

      Okay, flame away.

      --
      The society for a thought-free internet welcomes you.
  2. Yet Again by City_Idiot · · Score: 3, Insightful

    MS Take a Open Source Standard like XML and Wrap it in Legal BS, Cliam it as their own and make money off it

    1. Re:Yet Again by Anonymous Coward · · Score: 1, Insightful

      Looks like people are choosing to use their standards because it helps them be productive and make money.

      No, people use Microsoft products because it is the path of least resistence. Install another OS? Why bother, Windows XP is already installed! Install Samba? Why bother, Microsoft CIFS is already part of the OS! Try a different web browser and choose the one that you think is best? Why bother, Internet Explorer 6 is already installed!

      This isn't always true of course. What tends to happen is that people will use Microsoft products when it does what they need and no more; it's generally easier than installing something else. However people will go out of their way when they see an advantage in a competing product; for example my place of work runs Windows on the desktops but went out of their way to set up Squid running on Linux for the corporate internet proxy. Would we run our Oracle databases on Windows? Good lord no! Solaris & HP-UX does that job much better. Maybe we could use SQL Server instead of Oracle? No; SQL Server doesn't do what we want and would require us to rewrite hundreds of thousands of lines of code.

      The only real productivity & monetary gain to be made using Microsoft products is that you don't need to source and install an alternative. Path of least resistence.

  3. They can patent file formats now? by corebreech · · Score: 5, Insightful
    Did I miss a memo, or is this a truly sinister precedent? It suggests that every kind of application will now be able to patent the way it saves data, thereby denying others the opportunity to import data from that file.

    It also destroys what was the entire rationale for XML, doesn't it? What's the point of a convenient medium through which information may be exchanged if everybody starts patenting their DTD's?

    Brace yourself for the next version of DOM/SAX/XPath that not only checks to see if the document is well-formed and/or valid, but that also constrains your access to that document based on some new kind of hybrid between DRM and XML Schema.
    UnauthorizedAccessException: You do not have the credentials necessary to access attribute 'bar' of element 'foo'. Your IP address has been logged.

    It's shit like this that makes me want to get out of computers and get into chemistry.
    1. Re:They can patent file formats now? by The+One+KEA · · Score: 4, Insightful

      Then don't use it.

      A patented, closed, proprietary file format can't hurt anyone if no one is using it. Use proper W3C XML or OOo filetypes, and sooner or later this may all go away.

      --
      SCREW THE ADS! http://adblock.mozdev.org/ Proud user of teh Fox of Fire - Registered Linux User #289618
    2. Re:They can patent file formats now? by adrianbaugh · · Score: 1, Insightful

      Remember it's being dealt with by the same office that granted patents on one-click shopping, emails of the form user@domain.name tied to http://user.domain.name ... etc.

      There's nothing to suggest the patent office will show any more clue in this case.

      --
      "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
      - JRR Tolkien.
    3. Re:They can patent file formats now? by marauder404 · · Score: 2, Insightful

      RTFA. It's not the file format that Microsoft seeks a patent on -- it's the means by which it is accessed, interpreted, and/oor written. They are NOT trying to patent XML. Perhaps they have a novel technique by which it is done. Who knows? The story has few details on it and it's just an application for a patent anyway, not a patent itself.

    4. Re:They can patent file formats now? by JaredOfEuropa · · Score: 5, Insightful
      "I think it's going to be a non-issue, legally. I just don't think the patent will be accepted," he said. "This is Microsoft doing its aggressive best to protect its interests. [Sam Hiser of OpenOffice.org]"
      Mr. Hiser seems to have a rather poor grasp of the US legal and patent system. No doubt he knows how it is supposed to work.

      1) In the real world, you can file for a patent on literally anything, and it will often be granted no matter how ludicrous. With patents on one-click shopping, patents on putting a small trackball on top of a mouse, and patents on swinging sideways on a swing (I kid you not), Microsoft will have no problem winning a patent on XML data from Office.

      2) Once they have been granted the patent, good luck fighting it in court. No matter how silly the patent actually is, and no matter how much prior examples there are of applications sharing data with XML, I think you'll have a hard time fighting off Microsoft unless you have exceedingly deep pockets.

      This is wrong on so many levels... They are effectively forbidding you to manipulate your own data! Office documents are not like the Office application. Hell, they are not even like 'rented' data which you have licenced (as the MPAA would claim is the case with DVDs). Microsoft owns Office, but I own the documents I produce, and I reserve the right to do whatever I want with the data in them!

      It has always been difficult to read such data into applications other than the one used for authoring. This has so far always been a technical issue (and one associated with many products, not just Microsoft's). Now, Microsoft will effectively make it illegal to use non-Microsoft tools to interpret the data. For me, this is another important point to take to management, if and when they will consider alternative products.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    5. Re:They can patent file formats now? by GammaTau · · Score: 4, Insightful

      Did I miss a memo, or is this a truly sinister precedent? It suggests that every kind of application will now be able to patent the way it saves data, thereby denying others the opportunity to import data from that file.

      Did you not know that many jurisdictions allow software patents? They include things like methods for displaying data to users, methods for compressing data etc. Why would it not include methods for storing data?

      Of course talking of methods (software) for an apparatus (normal computer) might sound confusing but that's software patents for you. People who talk about "obvious" patents being the primary problem with software patents are on completely wrong tracks. The patenting of software itself is the fundamental problem.

      Software patents will always give an option to make it illegal for others to be interoperable with your software. If you don't agree with this principle, then you can't agree with the idea of software patenting either. Some people might be confused by copyright (an entirely different branch of legislation) that allows reverse-engineering and interoperability but with patents, that's not the case. Indeed, patents can effectively destroy your copyright the software you have written because after you realize that it is covered by a patent granted to someone else, you won't have the power to license it under your own terms (and whether it is a closed or open licensing, is irrelevant).

      For EU citizens, I recommend that you join the fight against software patents. For people in different jurisdictions, I recommend taking a serious political stand against all software patents regardless of how ridiculous or serious they sound.

    6. Re:They can patent file formats now? by fr0dicus · · Score: 4, Insightful
      How can you be 'falling behind' if you're orders of magnitude ahead of everyone else in terms of installed base, and are only changing file formats in order to prod the people sticking with previous versions to upgrade?

      All this is well and good, but SXW documents probably make up a fraction of a percent of the documents out there, and being interchangeable with AbiWord isn't going to change that very quickly. Get real, please. I'd like to Microsoft Office squashed as much as the next person, but it's going to require features and performance, rather than file format wars, to do it.

  4. Closed for openess open for business by Anonymous Coward · · Score: 5, Insightful

    they make it xml so its open and easy to work with for developers... now they want to try and make it only the developers that pay them $$ ?

    1. Re:Closed for openess open for business by walt-sjc · · Score: 4, Insightful

      Oh, don't worry. They will have a free license for developers working on the Microsoft platform with Microsoft products. You won't be able to afford a license to work on Linux or with openoffice however.

    2. Re:Closed for openess open for business by Zeinfeld · · Score: 2, Insightful
      they make it xml so its open and easy to work with for developers... now they want to try and make it only the developers that pay them $$ ?

      This is really amazingly stupid, so stupid that the obvious explanation does not seem very likely. There is ample prior art for use of XML as a markup for a word processing system. HTML and XHTML for example.

      It is pretty difficult to see how a court could decide that the progression from HTML to XHTM was anything but obvious, the whole point of XML was to replace SGML after all (and yes it was replace, the SGML bigots never get it). So how can there be a patent claim on XHTML that a court would accept?

      A court is unlikely to accept the claim, but the USPTO is a different matter, those rubes would accept a patent on the idea of patenting. Opps yes, they have done that, I forgot. Microsoft just got burned in a $half billion judgement over an idea that was as blindingly obvious as this one.

      So don't leap to conclusions here guys. The VA Linux editorial team do not always have a clue.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  5. Well.. by Chordonblue · · Score: 1, Insightful

    I don't think this is as disasterous as is feared (yet). So MS wants to patent their way of saving information to an open standard? Fine by me if they want to set a legal basis for their formatting.

    But should they start some shit over other office document compatibility with that standard - THAT my friends will be a war.

    Let's not forget that MS currently has a Wordperfect filter built-in to Office - it's certainly no stranger to support of alien formats. Given the tightrope they constantly walk with the DOJ, I can't see this as interfering with something like OOo's ability to open/save to it.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
  6. This wouldn't bother me so much by Saint+Stephen · · Score: 3, Insightful

    This wouldn't bother me so much if they hadn't made a big point of pointing out how XML lets you interoperate. Well, I guess that's still true, but they forgot to see "for a fee."

    1. Re:This wouldn't bother me so much by Tim+C · · Score: 3, Insightful

      There's absolutely no legal requirement for them to charge a licence fee just because they've patented their xml file formats.

      Most large companies have portfolios of patents that they have no intention of enforcing, unless pushed into doing so (eg someone sues them for infringing on one of their patents, etc).

      Now, I'm not saying that MS definitely won't charge a fee for using this, I'm just pointing out that it's a little early to be saying that they definitely will, too. Let's just all wait until the licencing scheme is announced before screaming at them, shall we?

  7. We planned to make use of the XML from Word... by Psiren · · Score: 5, Insightful

    ... and we still will, regardless of these patents (which I haven't even bothered to read about). It's my fucking data, and I'll do what the fuck I like with it thank you very much.

    1. Re:We planned to make use of the XML from Word... by Anonymous Coward · · Score: 1, Insightful

      Precisely, it's your fucking data and you'll do what the fuck you like with it.

      But let's look at this from Micro$oft's stance: "this particular formatting of XML is our fucking format and we'll make sure it's used however we fucking choose".

    2. Re:We planned to make use of the XML from Word... by 0x0d0a · · Score: 4, Insightful

      These are the machinations of a dying dinosaur. Protectionism NEVER works. Not in politics, not in economy, and definitely not in business.

      It's worked pretty well for Microsoft in the form of maintaining a monopoly for two decades now.

      What Microsoft does is *exactly* what the free market is designed to avoid -- the consumer *isn't* benefiting, and things are stagnating.

  8. Cross platform? by kellererik · · Score: 5, Insightful

    Based on this article even the latest M$Office on the Mac can't read all files from its WinDOS sibling.
    Bottom line is, if you want to avoid a lock-in a.k.a. pay to view your own documents if you decide to stop using M$ Software, don't start using the 'new' M$Office in the first place.

    my 2 cents

  9. Re:This might not be SO bad by ColaMan · · Score: 4, Insightful

    Except that when it's patented , the details are published......

    So, someone makes a change to an existing OSS filter, MS can say, "Hey! You used the details of our patent to further your work, pay up or we'll....(insert crushing legal threat here)"

    Which means it's going to be much,much harder to get an OSS filter for the next version(s) of MS Office, as you'll have to be pretty strict with the reverse-engineering to ensure you don't wind up in the courts defending your work against a bunch of attack lawyers from a billion-dollar company.

    --

    You are in a twisty maze of processor lines, all alike.
    There is a lot of hype here.
  10. Monopoly abuse by kmonsen · · Score: 5, Insightful
    If this is not monopoly abuse I don't know what is. Remeber office is a major reason for people to buy windows and a major part of MS income.

    The bottom line is MS technology should not be used in any way, and we should not belive a bought department of justice will do something about it.

    This may sound paranoid but is unfortunatly true. Once you are stuck with MS products they may change the license for new versions as they see fit. If it were not for Linux, Windows would be really expensive today.

  11. Back in the day... by iLuke · · Score: 4, Insightful

    Anyone else remember back in the day when all hardware was proprietary? (I don't, it was before I was born, but yeah, I've studied the history books). Think we're headed there with software?? Think the big geeks will ever learn from their mistakes? Open source rocks.

    --

    ---
    Luke
    Luke Wertz Website

  12. For those who don't like to RTFA - Quote by holy_smoke · · Score: 3, Insightful

    "The proposed patents apparently seek to protect methods other applications could use to interpret the XML dialect, or schema, Office uses to describe and organize information in documents. Microsoft recently agreed to publish those schemas and is looking at opening other chunks of Office code.

    Despite those moves toward openness, the patents could create a barrier to competing software, said Rob Helm, an analyst for research firm Directions on Microsoft.

    "This is a direct challenge to software vendors who want to interoperate with Word through XML," he said. "For example, if Corel wanted to improve WordPerfect's support of Word by adopting its XML format...for import/export, they'd probably have to license this patent.""

    AND THERE YOU HAVE IT FOLKS. THE REAL MOTIVATION FOR THE PATENTS = ATTEMPT AT CREATING A ROYALTY INCOME STREAM. YOU WILL SEE MORE OF THIS AS MICROSOFT TRYS TO PROP UP ITS FAILING PROFIT MARGINS.

    --
    Is the juice worth the sqeeze?
  13. Re:Double-edged sword by IWK · · Score: 2, Insightful

    "It's like Office but free and doesn't crash."

    P-lease....

    I like OO, in fact prefer it over MS Office. I promote/advertise it because it is Free Software, Free (no $), has enough features, it allows me to escape from Microsoft's upgrade cycle and is generally a good product.

    But to state that it's more stable is simply ridiculous.

    Microsoft Office has long left the dark ages of Office 95/97. Office 2000, XP and 2003 harbour plently of bugs (which are usually ironed out after one or two *huge* "service releases") but overall they are stable, if sluggish applications. And I've used both Open Office and StarOffice for the last few years and they've crashed on me a number of times.

    --
    Once in a while, I even pass the Turing-Test
  14. MSFT getting more into IP by rediguana · · Score: 2, Insightful

    By saving documents as XML files, the new Office will allow back-end computing systems such as corporate databases to retrieve and reuse data from documents.

    Anyone else see the patents as an excuse to charge companies that develop Office/XML solutions for corporates additional licensing fees with this patent?

  15. New Zealand government by Anonymous Coward · · Score: 1, Insightful

    I can't believe I see more than a hundred comments here but no one who realizes what's happening here.

    "Government seeks discount deal with Microsoft". Headline sound familiar?

    No, not the American government, the New Zealand government, where the patent was filed. New Zealand government and business have already started moving to OpenOffice. Just ask google. For Microsoft, this is a crapshoot, but if they can stall OpenOffice adoption, then they get to keep large government contracts. Besides, nothing stops them from adding an OOo file reader if it becomes an issue in the future.

  16. Ghandi's theory of non-violence by Peaker · · Score: 2, Insightful

    Ghandi fought illegitemate law, by not cooperating with it.

    Doing the right thing, and suffering the consequences.

    It could be interesting if the entire world violated software patents just like its violating copyrights - but also willingly suffer the consequences/punishment. According to Ghandi this is the most effective way to fight the illegitmacy. By willing to suffer the consequences, you are effectively making your opponent's sword worthless.

  17. Re:This might not be SO bad by James+Youngman · · Score: 2, Insightful
    ColaMan writes:-
    So, someone makes a change to an existing OSS filter, MS can say, "Hey! You used the details of our patent to further your work, pay up or we'll....(insert crushing legal threat here)" Which means it's going to be much,much harder to get an OSS filter for the next version(s) of MS Office, as you'll have to be pretty strict with the reverse-engineering to ensure you don't wind up in the courts defending your work against a bunch of attack lawyers from a billion-dollar company.
    I think you have misunderstood the nature of patents. If you improve the OSS filter without ever reading he text of the patent, Microsoft would still be able to sue you. The patent gives them exclusive rights to use the methods and techniques covered by the patent. It doesn't matter how you came up with your code; if it uses the same method, it infringes.
  18. Halloween and Government FLOSS by Anonymous Coward · · Score: 3, Insightful

    I am reminded of what Microsoft said in the Halloween Document:

    "OSS projects have been able to gain a foothold in many server applications because of the wide utility of highly commoditized, simple protocols. By extending these protocols and developing new protocols, we can deny OSS projects entry into the market."

    This new patent scheme also explains why, in any discussion of the use of Open Source by governments, some poster always pops up and says, "We don't need Open Source in government, we only need Open Standards."

    I guess the idea is that Microsoft's Office XML would still qualify as an "open standard" even though only Microsoft could use it.

    The sooner Microsoft is crushed, the better off we will all be.

  19. What is your point? by spideyct · · Score: 2, Insightful

    So Microsoft looked at Java, saw the benefits it had to offer, and decided to create a similar technology that included more advancements. Now Sun sees the enhancements that .NET has over Java, so they include it in their next version of Java (its happening, do some research). This is not a bad thing. The Java guys didn't invent programming languages, believe me. They're work is based on people that came before them.

    Proclaiming that one technology is similar or based on another technology does not diminish its value.

  20. abiword is prior art against this patent by josepha48 · · Score: 2, Insightful
    Abiword use xml as its native file format already.

    It would be obvious to one skilled in the art to use xml as a document processors file format given that abiword already does this.

    I believe that abiword could be used as a flat out 102 rejection saying that any xml file format would be obvious. Also given that fact that XHTML is the current HTML standing and waiting spec.

    Does anyone know how to contact the patent examiner on this? I'm looking at uspto.gov, but not sure how to tell them how obvious this is.

    When I was there I rejected a patent filed by Microsoft for their font data structure as I believe that it is just a data structure and there was nothing unobvious about how you lay out the font data. Especially given the fact that they gave me their old font data structure. In my opinion this is no different. Its just XML!

    --

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  21. Re:Who's Microsoft Paying by KnightStalker · · Score: 2, Insightful

    it's a bit of an irrelevant discussion at this point I think... but you might as well say that C is a markup language in the idiomatic "Hello World" example. The difference is that XML when used to store documents (Word XML, OOo XML, XHTML, etc.) is declarative and merely describes the text it contains. Postscript, "Hello World" and other procedural languages *operate* on the strings they contain. It's not just a semantic difference -- it's a Fundamental Paradigm Shift (tm).

    You can't, for example, do this in Word XML.

    Here's a program I just wrote which is similar to a common Postscript example:

    /SpinText {
    /text exch def
    /y exch def
    /x exch def
    /count exch def
    gsave
    /deg 360 count div def
    x y translate
    1 1 count
    {
    20 0 moveto text show
    deg rotate
    } for
    grestore
    } def

    /Helvetica findfont 10 scalefont setfont
    10 300 400 (This is a programming language!) SpinText
    showpage

    If that looks like markup to you, I will have to respectfully submit that you don't know what the hell you're talking about. Ever looked at the output of Illustrator's Postscript exporter?

    --
    * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."